Psych eval not required under anti-VAWC act

The Supreme Court (SC) on Wednesday disclosed that psychological evaluation is not needed to prove psychological violence under Republic Act 9262 or the Anti-Violence Against Women and Children (VAWC) Act.

In a decision written by Associate Justice Henri Jean Paul B. Inting on 12 August 2024, the SC’s Third Division affirmed the conviction of XXX270257 for psychological violence against his wife and children.

The accused was charged with extramarital affair, abandonment of his family, and failure to provide financial support to his children.

To recall, the lower courts found that all elements of psychological violence under Section 5 (i) of the Anti-VAWC Act were present — the victim is a woman and/or her child; the victim is the wife or has a relationship with the offender; the offender causes the victim mental or emotional anguish; and the anguish is caused through public humiliation, verbal and emotional abuse, denial of financial support, or similar acts.

The accused argued that to prove the element of mental or emotional anguish, the prosecution must show a psychological report to establish psychological violence.

SC’s decision clarified that a psychological evaluation from an expert witness is not necessary to prove psychological violence; the victim’s testimony is sufficient to prove emotional or mental suffering.

The wife’s detailed testimony in court proved her mental and emotional anguish as she recounted how he left their home to live with another woman right next door, fathered a child with her, and flaunted his affair on social media.

The court sentenced the accused to eight years in prison and a fine of P200,000 and ordered him to pay P75,000 in damages. The court also directed the accused to undergo psychological counseling or psychiatric treatment.