G.R. No. 252739 , April 16, 2024
XXX, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

FACTS

Petitioner XXX was charged with psychological violence under Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act) for causing his wife, AAA, mental and emotional anguish. This stemmed from AAA’s discovery of XXX’s extramarital affair with YYY, which resulted in a lovechild. XXX contends that his “mere one-night stand” or single act of infidelity does not constitute psychological violence, as it was an isolated incident and was not intentionally committed to cause AAA distress.

ISSUE

1. Must marital infidelity be repeated or continued to constitute psychological violence under Republic Act No. 9262 ?
2. Is the intention of the offender material in determining whether psychological violence against a woman has been committed?

RULING

The Concurring Opinion, as presented, answers both questions in the negative.
1. Marital infidelity need not be repeated or continued to constitute psychological violence under R.A. No. 9262 . The argument that only sustained or repeated infidelity is punishable runs counter to the law’s intent and the legal principle protecting absolute monogamy in marriage. The Philippine legal system values and protects monogamous marriages, and no exception is carved out for isolated acts of infidelity.
2. The intention of the offender is not material in determining the commission of psychological violence. The focus of R.A. No. 9262 is on the effect of the perpetrator’s acts on the victim. The law is designed to address the power imbalance and gender bias that persist in society, and requiring proof of intent would undermine its protective purpose. The law penalizes the act of causing mental or emotional anguish, regardless of whether it was the offender’s specific intention to cause such harm.