Scarred

Dear Atty. Nico,

I just got out of a two-year relationship. Scarred by the break-up caused by my ex-girlfriend, I sent her text messages containing hurtful words such as “I will kill myself if you refuse to see me in person” and “I will report you to the police for my missing P100,000 which went missing after you left.” It even got to a point where I told her that I would tell her employer to terminate her employment due to her new illicit relations with another married man. Eventually, she filed a case of VAWC against me, as my messages caused her mental anguish. Will her action against me prosper?

Jacob

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Dear Jacob,

Yes, your former girlfriend has a strong case against you.

Section 3, RA 9262 defines “Violence against women and their children” refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment, or arbitrary deprivation of liberty.

In the case of Sedenio vs. People, the Court cited Section 5(h)(5) of Republic Act 9262, providing one of the ways by which violence against women may committed:

(h) Engaging in purposeful, knowing or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not limited to, the following acts:

(5) Engaging in any form of harassment or violence.

Furthermore, in Araza vs. People, in cases of psychological violence… jurisprudence only requires that the testimony of the victim be presented in court, as their experiences are personal to them.

Applying the said cases to your predicament, your acts of sending her derogatory messages definitely fit psychological harm which RA 9262 penalizes.

Atty. Nico A. Antonio