18/09/2026
The has reiterated that what Republic Act No. 9262, or the ๐๐ฏ๐ต๐ช-๐๐ช๐ฐ๐ญ๐ฆ๐ฏ๐ค๐ฆ ๐๐จ๐ข๐ช๐ฏ๐ด๐ต ๐๐ฐ๐ฎ๐ฆ๐ฏ ๐ข๐ฏ๐ฅ ๐๐ฉ๐ฆ๐ช๐ณ ๐๐ฉ๐ช๐ญ๐ฅ๐ณ๐ฆ๐ฏ ๐๐ค๐ต ๐ฐ๐ง 2004, criminalizes is not marital infidelity by itself but the psychological violence that goes with it causing mental or emotional suffering to the wife.
In a Decision penned by Associate Justice Amy C. Lazaro-Javier, the SCโs Second Division affirmed the conviction of a husband for violation of Section 5(i) of the ๐๐ฏ๐ต๐ช-๐๐๐๐ ๐๐ค๐ต, which penalizes the act of causing mental or emotional anguish, public ridicule or humiliation to a woman or her child.
Married in 1999, the husband and wifeโs marital problems began in 2009, when the husband started coming home late and grew distant from his family. In January 2010, the husband sent his wife text messages saying he would no longer return home, wanted to start a new life alone, and intended to seek the nullity of their marriage. The wife later discovered that her husband was living with another woman.
The husband was charged with psychological violence before the Regional Trial Court. During trial, the wife claimed that her husbandโs actions caused her severe mental and emotional suffering, and loss of self-esteem and dignity. She said she experienced depression and attempted to take her own life several times.
The psychologist who evaluated the wife found signs of depression, including feelings of inferiority, sleep problems, difficulty concentrating, and problems relating with others. The psychologist linked these emotional difficulties to the wifeโs conflict with her husband and his abandonment of the family for another woman.
The SC affirmed in full the finding that the husband is guilty of psychological violence under the ๐๐ฏ๐ต๐ช-๐๐๐๐ ๐๐ค๐ต, sentencing the husband to up to eight years in prison and ordering him to pay a PHP 100,000 fine and PHP 30,000 in moral damages to his wife. The SC also directed him to undergo mandatory psychological counseling or psychiatric treatment.
The SC explained that, depending on the circumstances, an extramarital relationship may or may not cause mental or emotional anguish to the wife. Infidelity may be one of the acts through which psychological violence is committed, but the resulting mental or emotional suffering must still be proven.
In this case, the SC held that the wifeโs testimony, psychological evaluation, and other witness testimonies sufficiently proved that her husbandโs acts caused her mental and emotional suffering.
Read the full text of the Press Release at: https://sc.judiciary.gov.ph/?p=173362.
Read the full text of the Decision: https://sc.judiciary.gov.ph/268619-###-vs-people-of-the-philippines/.
Read the Dissenting Opinion of Senior Associate Justice Marvic M.V.F. Leonen: https://sc.judiciary.gov.ph/?p=168031.
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