16/04/2026
Imprisonment of up to 8 years + fine of 100,000 pesos for the erring husband - Supreme Court
SUPREME COURT SLAPS HUSBAND WITH UP TO 8 YEARS IMPRISONMENT FOR HAVING A MISTRESS THAT CAUSED WIFE MENTAL ANGUISH
The Supreme Court (SC) has convicted a man of psychological violence for causing mental and emotional anguish to his wife after abandoning her to live with his mistress, with whom he had two children, noting that criminal intent to cause such anguish is presumed from the act of infidelity.
In a 17-page decision penned by Associate Justice Amy Lazaro-Javier, the SC's Second Division has affirmed the criminal conviction of the accused for violating Section 5(i) of Republic Act No. 9262, or psychological violence, and sentenced him to suffer the penalty of four to eight years imprisonment.
The case stemmed from the criminal complaints filed by his own wife, whom he left for another woman. The accused and complainant were married in 2005 and had a son in 2008. While the wife was pregnant, she noticed the accused frequently coming home in the wee hours of the morning.
She later discovered a text message on his phone from another woman saying, "AYAW KO NG MAGING KABIT" (I don't want to be a mistress). When confronted, the accused dismissed it as a prank. The following day, he left their conjugal home and never returned, only visiting their son on weekends.
The wife later discovered that the accused was living with his mistress, with whom he fathered two children, and publicly flaunted their relationship and their children on social media. Because of this, the wife suffered mental and emotional anguish and was diagnosed by a psychiatrist with depression (dysthymia).
This prompted her to file a criminal complaint against the accused for psychological violence under Section 5(i) of Republic Act (R.A.) No. 9262, or the Anti-Violence Against Women and Their Children Act of 2004.
The Regional Trial Court (RTC) acquitted the accused based on reasonable doubt, reasoning that the complaint was filed belatedly four years after the separation. It noted that the accused continued to provide financial support, and the marital infidelity allegedly occurred after their de facto separation.
The Office of the Solicitor General (OSG) filed a Petition for Certiorari under Rule 65 before the Court of Appeals (CA), arguing that the RTC committed grave abuse of discretion.
The CA reversed the RTC's decision and convicted the husband, ruling that the evidence clearly showed his infidelity caused the wife mental and emotional suffering. This paved the way for him to elevate the case before the Supreme Court, arguing that the CA's reversal of his acquittal violated his constitutional right against double jeopardy.
In dismissing his appeal, the high court ruled that double jeopardy does not attach to void judgments. While a judgment of acquittal is generally final and unappealable, it may be assailed by the People through a petition for certiorari under Rule 65 if it is shown that the trial court acted without jurisdiction or with grave abuse of discretion.
It noted that the trial court committed grave abuse of discretion by acting with an obstinate disregard of basic and established rules of law and erroneously held that marital infidelity committed after a de facto separation falls outside the scope of R.A. No. 9262.
The highest bench emphasized that a mere de facto separation does not sever marriage bonds; thus, any extramarital affair maintained by a spouse still constitutes marital infidelity.
It underscored that marital infidelity is expressly recognized as a form of psychological violence under Section 3(c) in relation to Section (i) of RA No. 9262. The court added that the requirement of specific criminal intent to cause mental and emotional suffering is already satisfied at the moment the perpetrator commits the act of infidelity, as the act is inherently immoral and depraved.
It gave credence to the psychiatric evaluation, which revealed that the wife suffered emotional anguish as a result of the breakdown of her marriage. She had sleep disturbances, constant self-pity, feelings of hopelessness and worthlessness, palpitations, social withdrawal, and depression.
"At any rate, the law does not require proof that the victim became psychologically ill due to the psychological violence done by her abuser. The law only requires emotional anguish and mental suffering to be proven. To establish emotional anguish or mental suffering, jurisprudence only requires that the testimony of the victim be presented in court since such experiences are personal to this party," the Supreme Court said.
"To be sure, whatever ###'s intention was when he chose another woman over his wife is immaterial. For his leaving their conjugal home and building a family with his mistress are acts that were done by him consciously and deliberately. He could not feign innocence by hiding behind good intentions-may they be excuses that he remained civil with AAA or he constantly supported his legitimate son, BBB. The incontrovertible fact remains: he was unfaithful to his wife, and this caused her irreparable mental and emotional hurt." it added.
Aside from imprisonment, he is also ordered to pay a fine of Php100,000.
