13/01/2026
π£ Scorned wives/ husbands: Has your spouse been unfaithful? π£
The Supreme Court clarified that in prosecutions for psychological violence under Section 5(i) of Republic Act No. 9262 (Anti-VAWC Act), intent to cause mental or emotional anguish is presumed when the source of the harm is marital infidelity.
In denying the husbandβs motion for reconsideration, the Court sustained his conviction for psychological violence after finding that his long-term extramarital affair and the child he fathered with another woman caused severe emotional distress to his wife, who testified that she suffered insomnia and was unable to work for several months. Both the Regional Trial Court and the Court of Appeals found, and the Supreme Court affirmed, that the prosecution sufficiently proved the elements of psychological violence, particularly the causal link between the husbandβs infidelity and the wifeβs mental anguish.
The Court emphasized that marital infidelity is expressly recognized as a form of psychological violence under Section 3(a)(C) of RA 9262 and falls within the phrase βany form of harassment or violenceβ punished by Section 5(i). Unlike other provisions of the law that expressly require specific intent, Section 5(i) focuses on the effects of the act on the victim, not the offenderβs subjective purpose. Because marital infidelity is inherently wrongful and morally reprehensible under prevailing societal norms, the Court held that specific criminal intent need not be separately provenβthe intent to cause mental or emotional suffering is already presumed from the commission of the act itself.
