The Supreme Court has dismissed the petition of a lawyer identified as XXX and affirmed his conviction for psychological violence under Section 5(i) of Republic Act No. 9262, also known as the Anti-Violence Against Women and Children Act. The Court sentenced him to imprisonment and ordered him to pay fines and damages to his wife, AAA.
The Case
XXX married AAA on May 15, 1999. They have two children, BBB and GGG. According to the prosecution, their marital problems began in October 2009 when AAA noticed that XXX would come home very late at night or early in the morning. When confronted, XXX said he was busy with his work as a lawyer and was working hard to provide for the family.
AAA alleged that XXX became remiss in his responsibilities, grew aloof, and began missing family occasions. Despite his claims of working hard, AAA became the sole provider for the family. On January 10, 2010, AAA received a text message from XXX saying he would not return home and wanted to start a new life alone. He also told her he would file a petition for the declaration of nullity of their marriage.
AAA later learned through surveillance conducted by her brother CCC and a private detective that XXX was cohabiting with HHH, a salesperson in their convenience store. A psychologist from the Philippine Mental Health Association testified that AAA was highly disturbed and manifested signs of depression such as social inaccessibility, lack of concentration, loss of confidence, lack of vigor, and sleep deprivation and disturbances. AAA herself testified that she suffered mental and emotional torture to the extent that she even attempted to commit suicide due to her depression.
XXX was charged by Information dated May 21, 2010 with violation of Section 5(i) of Republic Act No. 9262. He pleaded not guilty and presented himself as the sole defense witness. He denied marital infidelity and pointed to his acquittal in a separate concubinage case filed by AAA.
The Issue
The central question before the Court was whether XXX was guilty of psychological violence under Section 5(i) of Republic Act No. 9262 for causing mental and emotional anguish to AAA through marital infidelity, abandonment, verbal abuse, and threats.
The Ruling
The Supreme Court dismissed the Petition for Review on Certiorari and affirmed in full the Decision dated February 27, 2023 and Resolution dated July 31, 2023 of the Court of Appeals in CA-G.R. CR No. 46060. In its dispositive portion, the Court declared: “Petitioner XXX is found GUILTY of psychological violence under Section 5(i) of Republic Act No. 9262 and is sentenced to the indeterminate penalty of six months and one day of prision correccional as the minimum to eight years and one day of prision mayor as maximum. He is also ordered to PAY AAA a fine of PHP 100,000.00. He is further ordered to PAY AAA PHP 30,000.00 as moral damages subject to 6% interest per annum from the finality of this Decision until full payment.” The Court also directed XXX to undergo mandatory psychological counseling or psychiatric treatment within 60 days from finality of the Decision and to report his compliance to the Court within 30 days from its completion.
By the Numbers
- Marriage date: May 15, 1999
- Date of Information filed: May 21, 2010
- Minimum sentence: six months and one day of prision correccional
- Maximum sentence: eight years and one day of prision mayor
- Fine: PHP 100,000.00
- Moral damages: PHP 30,000.00
- Interest: 6% per annum from finality of Decision until full payment
- Counseling deadline: within 60 days from finality of Decision
- Compliance report deadline: within 30 days from completion of counseling
The Court's Reasoning
The Court held that all the elements of the offense under Section 5(i) of Republic Act No. 9262 were established. It found that XXX willfully caused mental and emotional anguish to AAA through marital infidelity, abandonment, and related acts. The Court noted that both the trial court and the Court of Appeals found the testimonies of the prosecution witnesses to be clear, straightforward, and convincing, and it found no reason to depart from those factual findings.
On XXX's reliance on his acquittal in the concubinage case, the Court agreed with the Court of Appeals that his acquittal in that case had no bearing on the present case since the offenses involved are distinct from each other.
The Court reiterated the ruling in XYX v. People that “marital infidelity per se is not punished by Republic Act No. 9262” and that “[w]hat is punished by Section 5(i), Republic Act No. 9262 is the infliction of psychological violence where purpose or intention is indispensable.” The Court further quoted that “what [Republic Act] No. 9262 criminalizes is not the marital infidelity per se but the psychological violence causing mental or emotional suffering on the wife.”
Source: Supreme Court of the Philippines, G.R. No. 268619, penned by Associate Justice Lazaro-Javier, Second Division.
This report summarizes a public Supreme Court decision and is not legal advice.