Marital Infidelity as Psychological Violence

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Marital Infidelity as Psychological Violence

The Philippine Supreme Court recently made a landmark ruling that significantly impacts how marital infidelity is viewed under Philippine law. In its April 16, 2024 decision XXX vs People of the Philippines (G.R. No. 252739), the Court declared that marital infidelity constitutes a form of psychological violence punishable under Republic Act No. 9262, otherwise known as the Anti-Violence Against Women and Their Children Act of 2004. This ruling has profound implications for married couples and underscores the Philippines’ commitment to protecting women and children from all forms of domestic violence.

Marital Infidelity as Psychological Violence: The Court’s Reasoning

In this landmark case, the Supreme Court established that marital infidelity constitutes psychological violence under Section 3(c) of RA 9262, which defines psychological violence as “acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and marital infidelity.”

The Court reasoned that marital infidelity is inherently immoral and depraved under prevailing societal, cultural, and religious norms. In the normal course of human behavior, an aggrieved spouse will naturally experience mental and emotional pain upon discovering their partner’s unfaithfulness.

Most significantly, the Court held that “in instances of marital infidelity, the requirement of specific criminal intent to cause mental and emotional suffering is already satisfied at the moment the perpetrator commits the act of marital infidelity.” This means that the intent to cause emotional harm is presumed from the act itself, unlike in cases involving willful denial of financial support where specific intent must be proven.

Elements of the Crime Under Section 5(i) of RA 9262

The Supreme Court clarified the four elements necessary to establish a violation of Section 5(i) of RA 9262:

The offended party is a woman and/or her child or children
The woman is either the wife or former wife of the offender, or is a woman with whom the offender has or had a sexual or dating relationship, or is a woman with whom such offender has a common child
The offender causes on the woman and/or child mental or emotional anguish
The anguish is caused through acts of public ridicule or humiliation, repeated verbal and emotional abuse, denial of financial support or custody of minor children or access to the children or similar such acts or omissions

In the case at hand, the Court found all elements present. The victim was the wife of the accused, and her emotional anguish was directly caused by discovering her husband’s extramarital affair, which had resulted in a child who was already four years old at the time of discovery—indicating that the deception had been ongoing for years.

Not All Extramarital Relationships Are Criminal

The Court was careful to note that not all scenarios involving extramarital relationships rise to the level of criminality under RA 9262. The decision acknowledges that in non-traditional family setups or more modern relationship arrangements where extramarital entanglements are not equivalent to unfaithfulness (such as in cases of estranged relations or consciously consenting spouses), not all instances of extramarital relationships inflict mental or emotional suffering.

The Court emphasized that RA 9262 is more concerned with the effects of an act against a woman or child rather than the motive of the offender. In the Court’s words, “Republic Act No. 9262 looks at the effects of a certain act or omission against a woman or their child, rather than the motive of the offender.”

Strengthening Family Bonds Through Legal Protection

This Supreme Court decision reinforces the principle that marriage is the foundation of the family and an inviolable social institution. By declaring marital infidelity as a form of psychological violence, the Court has taken a significant step toward strengthening marital bonds and preserving peace and harmony in Filipino families.

The ruling serves as a reminder that the freedom to handle personal affairs must always remain within the bounds of what is acceptable under law and morality. If you or someone you know is experiencing domestic violence of any form, including psychological violence through marital infidelity, remember that the law provides protection and recourse.

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