G.R. No. 263449 , November 13, 2023
XXX, Petitioner, vs. People of the Philippines, Respondent.

FACTS

Petitioner XXX was charged with violating Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act). The Information alleged that from November 2007, he willfully abandoned his wife, AAA, after she discovered him kissing their 17-year-old househelper, BBB. AAA left for her parents’ home after a confrontation and, upon returning, found their conjugal dwelling empty. XXX never returned. In 2013, AAA discovered via Facebook that XXX was living with BBB and they had a child together. AAA testified to suffering severe emotional and mental anguish from the abandonment and infidelity, which she claimed contributed to her deteriorating health, including uterine abnormalities requiring surgery.
XXX pleaded not guilty. He denied the affair but admitted to currently cohabiting with BBB and having a child with her. His defense was that the separation was mutually agreed upon and instigated by AAA’s parents who disapproved of him. The Regional Trial Court convicted XXX under Section 5(i) of RA 9262, sentencing him to imprisonment and a fine. The Court of Appeals affirmed the conviction, giving credence to AAA’s credible testimony and finding that XXX’s acts constituted psychological violence.

ISSUE

Whether the Court of Appeals erred in affirming XXX’s conviction for violation of Section 5(i) of RA 9262.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The prosecution successfully proved XXX’s guilt beyond reasonable doubt for inflicting psychological violence. The elements of the crime under Section 5(i) are: (1) the offended party is a woman or her child; (2) the woman is either the wife or former wife, or has a sexual or dating relationship with the offender; (3) the offender causes mental or emotional anguish to the woman; and (4) the anguish is caused through acts of public ridicule, harassment, verbal abuse, or marital infidelity. All elements were present. AAA is XXX’s wife. His act of abandoning the conjugal home to live with another woman constitutes marital infidelity, a form of psychological violence defined under Section 3(c) of the law. This infidelity and abandonment were the proximate cause of AAA’s mental and emotional suffering, which was substantiated by her credible testimony. The Court emphasized that psychological violence is consummated upon the infliction of mental or emotional anguish, regardless of whether a resulting physical injury is proven. XXX’s denial, being a weak defense, cannot prevail over AAA’s positive and categorical testimony. However, the Court modified the penalty. Applying the Indeterminate Sentence Law, the maximum penalty should be within the range of prision mayor (6 years and 1 day to 12 years). The proper maximum is 8 years and 1 day of prision mayor, with a minimum of 2 years, 4 months, and 1 day of prision correccional. The fine of PHP 100,000.00 and the order for mandatory psychological counseling were affirmed.