Facts
XXX264870 (XXX) and AAA264870 (AAA) were married sometime in 2024. Within their first year of marriage, AAA found out that XXX was having an affair with her friend, BBB264870 (BBB). Upon finding out about the infidelity of her husband, AAA fainted and needed medical attention.
Upon recovering, AAA confronted XXX, to which XXX admitted to the infidelity. In an effort to fix their marriage, XXX and AAA spent their holidays together with AAA’s family. However, during the celebrations, AAA again found messages between XXX and BBB. Even with their parents’ intervention, XXX and AAA decided to end their cohabitation.
XXX and BBB even sent messages to AAA telling her to move on and that XXX and BBB already have a child together.
AAA underwent psychological intervention and was diagnosed with post-traumatic stress disorder caused by the infidelity of her husband, XXX.
Thus, AAA filed a case for violation of RA 9262 or the Anti-Violence Against Women and Children Act (Anti-VAWC), in which the trial court found XXX guilty.
ISSUE: Whether marital infidelity alone constitutes a violation of RA 9262
Ruling
No, marital infidelity alone does not constitute a violation of RA 9262.
To sustain conviction under RA 9262, the prosecution must prove two things, to wit:
- Acts constituting psychological violence committed as a means of abuse, and
- Mental or emotional anguish intentionally caused to the woman, reflecting an abuse of power within the intimate relationship.
Although connected, these two elements are separate and distinct. The acts complained of, which are the means of committing the offense, should be evaluated on whether they were done with the intention of”causing mental or emotional anguish, public ridicule or humiliation to the woman or her child.” It is when these acts are done with the intent to tilt the scales of power within the relationship against the woman, causing her to lose her autonomy, that the State has a legitimate interest in punishing such acts.
In this case, the prosecution failed to prove both of these things. Hence, XXX was acquitted.