SC: Criminal intent presumed in marital infidelity under VAWC law

MANILA – The Supreme Court has ruled that in determining whether marital infidelity caused psychological violence under Republic Act 9262, or the Anti-Violence Against Women and Their Children Act (Anti-VAWC Act), "criminal intent" is automatically presumed in the act of marital infidelity.

In a decision dated April 16, 2024, the Supreme Court En Banc denied the petition for certiorari filed by a man who challenged his conviction for violating Section 5(i) of the Anti-VAWC Act.

The parties' names were withheld based on court rules.

The man was originally charged with psychological violence under the law for causing his wife mental and emotional distress after she found out that he had an extramarital affair and a child with another woman.

He, however, argued that his unfaithfulness did not amount to psychological violence as he did not intend to cause his wife mental and emotional distress.

The Regional Trial Court (RTC) found him guilty, ruling that the distress suffered by the wife was caused by his infidelity and dishonesty. The Court of Appeals affirmed the RTC, prompting the husband to contest his conviction.

In affirming the conviction, the Supreme Court found that all the elements of violation under Section 5(i) of the Anti-VAWC Act were present: the victim is a woman and/or her child; the victim is the wife of or has a relationship with the offender; the offender causes the victim mental or emotional anguish; and the anguish is caused through public ridicule or humiliation, verbal and emotional abuse, denial of financial support, or similar acts.

The Court emphasized that the Anti-VAWC Act's main thrust is the protection of women and their children, and is more concerned with defending them as victims rather than penalizing offenders.

"Hence, the law looks at the effects of a certain act or omission against a woman or their child rather than the offender's motive. Thus, in cases of marital infidelity, the requirement of specific criminal intent to cause mental and emotional suffering is already satisfied once the offender commits the act of infidelity. This is because marital infidelity is inherently wrong under current social, cultural, and religious norms," it said.

The third element is met once it is shown that the victim suffered mental or emotional anguish due to the acts committed by the offender, it added.

The Court, however, clarified that not all extramarital relationships are punishable under Section 5(i) of the Anti-VAWC Act.

"In non-traditional family setups and modern relationship arrangements with consciously consenting spouses, extramarital relationships may not inflict mental or emotional suffering and is not punishable as a crime under the law," it said. (PNA)