Psyche violence

Dear Atty. Nico,

My wife filed a criminal action against me for allegedly violating Section 5(i) of Republic Act 9262. She inferred that I caused her mental, psychological and/or emotional anguish because of my supposed marital infidelity, abandonment, verbal abuse and threats.

However, I denied all of these accusations. In fact, I was acquitted in a previous case of concubinage filed by my wife.

Is there a chance that I may be absolved of the said criminal charge due to the dismissal of aforementioned case?

Antonino

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Dear Antonino,

As reiterated in a recent Supreme Court ruling, an acquittal in a case of concubinage has no bearing on a case for violation of Section 5(i) of Republic Act 9262 since the offenses involved are distinct from each other.

In the case of XXX v People of the Philippines (G.R. No. 268619), it was laid to rest once and for all the notion that marital infidelity per se is not what Republic Act 9262 punishes:

This means that marital infidelity per se is not published by Republic Act 9262. To be sure, this act is already, and properly, punished by the Revised Penal Code in its articles on Adultery and Concubinage. What is punished by Section 5(i), Republic Act 9262 is the infliction of psychological violence where purpose or intention is indispensable.

In fact, in an earlier case, the Court had already made a categorical ruling that marital infidelity per se is not what Republic Act 9262 penalizes but the psychological violence causing mental or emotional suffering upon the victim. In AAA v BBB, the Court said:

What Republic Act 9262 criminalizes is not the marital infidelity per se but the psychological violence causing mental or emotional suffering on the wife. Otherwise stated, it is the violence inflicted under the said circumstances that the law seeks to outlaw. Marital infidelity as cited in the law is only one of the various acts by which psychological violence may be committed.

Moreover, depending on the circumstances of the spouses and for myriad of reasons, the illicit relationship may or may not even be causing mental or emotional anguish on the wife. Thus, the mental or emotional suffering of the victim is an essential and distinct element in the commission of the offense.

Applying the foregoing jurisprudence, it seems that your chances of escaping your criminal liability, after being acquitted from your separate infidelity case, is close to none, unfortunately.

Atty. Nico A. Antonio