Infidelity


Dear Atty. Nico,
I used to have a boyfriend. Our relationship lasted 10 years. I thought that I would be spending the rest of my life with him.
However, fate had a cruel way of showing otherwise.
Because we had been together for so long, we eventually agreed to get married. However, during the wedding day, he stood me up in front of the altar while I was left to explain the situation to our guests. To make matters worse, I found out subsequently that he was having an affair with a colleague from work while we were in a relationship.
This unfortunate incident left me emotionally distraught to the point that I suffered from restlessness, suicidal ideation and depressive symptom as diagnosed by a psychometrician.
I am in desperate need of legal advice as to what action can I proceed against my ex-boyfriend?
Thank you so much.
Annika
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Dear Annika,
You may file a criminal case of Republic Act 9262, as specifically defined under Section 5, paragraph (i) thereof, against your former boyfriend.
In the case of XXX v People of the Philippines (G.R. No. E-00648), the Supreme Court stated that Republic Act 9262 focuses on the effect of the offender’s acts — specifically the mental or emotional anguish caused to a woman with whom the offender had a sexual or dating relationship.
The law is a protective statute; where an act — even one involving marriage applications — is used as a tool to inflict psychological trauma on a woman in a dating or sexual relationship, the law must be interpreted to hold the offender liable.
Based on the facts given, it can be inferred that the foregoing jurisprudence can be applied to your case due to the elements of Section 5 (i) being present, such as:
a. You and your former boyfriend had a sexual or dating relationship;
b. He had an affair with a colleague and made a non-appearance during your wedding day; and
c. The acts resulted in your emotional anguish as established by your story and confirmed by the psychometrician, who found “suicidal ideation,” “depressive symptoms” and “restlessness” because of his acts.
Atty. Nico A. Antonio