FACTS:
Accused and AAA were married in 2006 and had a daughter. AAA left for Singapore to work in 2008. In May 2015, AAA learned that the Accused is in a romantic relationship with CCC. She later learned also that CCC is pregnant and the father of the child is her husband, the Accused.
On several occasions, CCC would send text messages to AAA to spite her.
AAA learned that the Accused brought CCC in their hometown. AAA came home to the country and sought the help of DSWD to get her daughter from her mother-in-law.
According to their child, BBB, who was always crying during her testimony, she confirmed that her father is in a relationship with CCC. BBB voluntarily went to her mother when she was being fetched. BBB said she no longer loved her father.
The RTC found the Accused guilty of inflicting psychological violence against AAA and BBB through emotional and psychological abandonment.
The Accused assailed the ruling of the RTC by saying that the only accusation against him is merely economic abuse and not psychological violence.
ISSUE AND RULING:
Whether or not the Accused is guilty of violation of Section 5 (i) of RA 9262 or psychological violence.
It has been stressed that the law does not require proof that the victim become psychologically ill due to the psychological violence done by her abuse. Rather, the law only requires emotional anguish and mental suffering to be proven. To establish emotional anguish or mental suffering, jurisprudence only requires that the victim testify in court and narrate such experiences. The testimonies of AAA and BBB clearly established the elements of psychological violence. The Court further ruled that marital infidelity is one of the forms of psychological violence. The prosecution’s witnesses in this case satisfactorily established the marital infidelity of the Accused.
The ruling of the RTC finding the Accused guilty of Psychological Violence under Section 5 (i) of R.A. 9262 was affirmed.
The Backpacking Lawyer is a practicing lawyer and a nurse by profession in the Philippines. While she enjoys her day job, she loves traveling and sharing her adventures and misadventures with you.
