09/01/2026
LACK OF CRIMINAL INTENT NOT A LEGAL DEFENSE FOR PSYCHOLOGICAL VIOLENCE CASES INVOLVING INFIDELITY—SUPREME COURT
The Supreme Court (SC), speaking through Associate Justice Ramon Paul Hernando, ruled that in cases of psychological violence under Section 5(i) of Republic Act No. 9262, or the Anti-Violence Against Women and Their Children (Anti-VAWC) Act, the intent to cause mental and emotional anguish is presumed when such anguish results from marital infidelity.
In an En Banc decision, the High Court explained that the legislative intent behind the Anti-VAWC Act must be viewed from the perspective of those whom the law seeks to protect—women and children—and never from the standpoint of those from whom they are being protected.
It also emphasized that lack of criminal intent to cause mental and emotional auguish, which is an essential element of psychological violence, cannot be used as a defense when such anguish stems from infidelity as it looks at the effects of a certain act or omission against a woman or her child, rather than the motive of the offender.
