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MANILA, Philippines – Infidelity or having an extramarital affair is considered “psychological violence,” said the Supreme Court in a decision that upheld the prison sentence of up to eight years against a husband convicted of having an affair and having three children with his lover.
“The prosecution has established beyond reasonable doubt that [the husband] He committed the crime of psychological violence, through his acts of marital infidelity, which caused mental or emotional suffering on the part of AAA [the wife]”Said the first division of the Supreme Court.
The decision that was written by the president of the Supreme Court Diosdado Peralta affirmed a minimum of six months to a maximum of eight years in prison against the husband by Section 5 (i) of the Law against violence against women and children ( VAWC).
Section 5 of the VAWC listed those that are considered acts of violence against women and children. Specifically, section 5 (i) refers to acts “that cause mental or emotional distress, public mockery or humiliation of the woman or her child, including, but not limited to, repeated verbal and emotional abuse and denial of financial support or support. custody of the minor children of access to the woman’s child / children “.
The husband must also pay a fine of P100,000 and P25,000 as moral damage. You must also undergo mandatory psychological counseling or psychiatric treatment to address your abusive behavior.
The couple married in 1989. In September 2007, the wife learned that her husband was having an extramarital affair and that she had three children with her lover. She filed a complaint against her husband and mistress. The complaint was resolved and the husband agreed never to see the lover again.
However, two months later, he left his wife. With the help of the National Bureau of Investigation, she learned that her husband returned with his lover.
At trial, the husband admitted that he left his wife because he can no longer bear her behavior. He also admitted that he is aware of the sufferings because of his infidelity.
The wife said that what happened to her marriage affected her health as she was often hospitalized, took antidepressant medications and sleeping pills.
“Marital infidelity, which is a form of psychological violence, is the immediate cause of AAA’s emotional distress and mental suffering, to the point that even his health status was adversely affected,” the superior court said.
The Regional Court of First Instance of Las Piñas found the husband guilty of psychological abuse in a decision of October 30, 2017. Then, on December 17, 2018, the Court of Appeals confirmed the lower court’s ruling.
The husband took the case to the Supreme Court, but the higher court denied the petition because the petitioner “did not demonstrate any reversible error” in the judgment of the Court of Appeals.
JPV
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