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The Supreme Court (CS) has ratified the ruling issued by the Court of Appeals (CA) which held that marital infidelity is considered a form of psychological violence punishable by imprisonment under Republic Law 9262, or the Anti-Violence Against Women Law and the Juvenile Law of 2004.
In an 18-page decision drafted by the president of the Supreme Court Diosdado Peralta, the First Division of the SC sided with the judgments issued by the CA and the Regional Court of First Instance of the City of Las Piñas that declared the petitioner Jaime Araza guilty of violating RA 9262.
The Court also affirmed the imposition of a minimum of six months to a maximum of eight years in prison against Araza.
“The Prosecutor’s Office has established beyond any reasonable doubt that Araza 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 decision.
Likewise, the Court ordered Araza to pay a fine of P100,000 and non-pecuniary damage for P25,000.
Araza also received instructions from the SC to undergo compulsory psychological or psychiatric treatment and to inform the trial court of his compliance with the order within 15 days after the end of the counseling or treatment.
The CV explained that psychological violence is an indispensable element of the violation of article 5 (i) of RA 9262.
Equally important is the element of emotional distress and mental suffering, which are personal to the complainant, according to the CV.
“The law does not require proof that the victim became psychologically ill due to the psychological violence committed by her abuser. Rather, the law only requires that emotional distress and mental suffering be demonstrated, ”the CV noted.
The Court explained that to establish emotional distress, or mental suffering, jurisprudence only requires that the victim’s testimony be presented to the court, since such experiences are personal to this party.
“The prosecution has established Araza’s guilt beyond a reasonable doubt by showing that he committed psychological violence against his wife by committing marital infidelity. AAA’s testimony was strong and credible. She was able to confirm that Araza was living with another woman, ”said the SC.
Based on the records in the case, Araza’s wife testified that they were married on October 5, 1989 and initially lived together for 18 years without marital problems.
However, in 2007, the wife learned that her husband was having an extramarital affair, but initially did not believe it.
This led her to go to Zamboanga, where her husband was doing his networking business, to verify for herself if the information was true.
There she was able to confirm that her husband lived with another woman.
After filing a complaint, the couple decided to amicably settle their differences on the condition that Araza and her lover never see each other again.
However, after two months, Araza left her conjugal home to return to her lover.
The wife testified that she had been receiving text messages from her husband’s lover that he was ill and needed money to buy medicine.
A text message from the lover threatening to kill her husband led her to file a writ of habeas corpus in 2013.
The lawyer sent a letter to the lover at her known address, but there was no response.
This led her to go to Zamboanga again to look for her husband where she discovered that Araza was living with her lover again and has three children with the latter.
The author said that the entire ordeal has affected his psychological and physical well-being.
She said she became ill and was hospitalized while searching for her husband.
She testified that she had been suffering from insomnia and asthma and that she had been taking antidepressants and sleeping pills to cope with her serious emotional and psychological disorder.
She also testified that she had spent a large sum of money locating her husband and meeting his medical needs.
