Marital infidelity, by itself, not an act of VAWC - SC

Marital infidelity per se (by itself) is not an act of violence criminalized under Republic Act No. 9262, the Anti-Violence Against Women and Their Children (VAWC) Act of 2004, the Supreme Court (SC) ruled.

- By REY G. PANALIGAN

The SC said that under Section 5(i) of RA 9262, acts of violence against women and their children are committed by causing mental or emotional anguish, public ridicule or humiliation like repeated verbal and emotional abuse, and denial of financial support or custody of minor children.

It said the elements for the commission of the offense -- actions or omissions that constitute psychological violence used as a means by the perpetrator, and mental or emotional anguish caused to the victim — should be evaluated 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 does the State have a legitimate interest in punishing such acts” the SC pointed out.

It stressed that the effect on the victim alone, which is the second element of the crime, “is not enough to sustain a conviction.”

The SC said that RA 9262 protects women in the context of intimate relationships which can be physical, sexual, and psychological violence or economic abuse.