Marital infidelity is not directly punishable as a crime under Republic Act 9262, or the Anti-Violence Against Women and Their Children Act, the Supreme Court (SC) ruled, clarifying that the law specifically penalizes the resulting psychological violence and emotional suffering inflicted on a spouse.

In a decision authored by Associate Justice Amy C. Lazaro-Javier dated 13 January 2026, the Supreme Court’s Second Division affirmed the conviction of a husband for violating Section 5(i) of the Anti-VAWC Act.

Court records showed the couple married in 1999 and had two children. Marital rift began in 2009 when the husband started coming home late and grew distant, later sending text messages in January 2010 stating he would not return, wished to start a new life alone, and intended to seek a marriage annulment.

The wife subsequently discovered through surveillance by a private investigator and family members that her husband was living with another woman, leading her to file criminal charges for psychological violence before the Regional Trial Court.

During trial, the wife testified that her husband’s abandonment caused severe depression, loss of self-esteem, and multiple suicide attempts.

A psyhological evaluation confirmed symptoms of depression linked directly to her husband’s abandonment, while the couple’s son testified that his mother suffered visible emotional distress for over two years.

Both the Regional Trial Court and the Court of Appeals found the husband guilty, a ruling the Supreme Court affirmed.

The SC explained that while an extramarital affair does not automatically constitute psychological violence under the law, it can serve as the vehicle through which mental or emotional anguish is inflicted, provided the resulting psychological harm is proven beyond reasonable doubt.

“All these pieces of evidence vividly paint a single picture: the intense and unbearable pain that (the wife) contended with for years as a result of (her husband’s) abandonment and infidelity,” the court stated.