Psychological violence

By Atty. Farah G. Decano

 

PHILANDERERS, beware this case!

Speaking through Chief Justice Diosdado Peralta, the Supreme Court, in the case of ARAZA VS. PEOPLE OF THE PHILIPPINES (G.R. No. 247429, September 08, 2020), found the accused guilty of committing psychological violence against his wife under Section 5(i) of Republic Act 9262, otherwise known as the Anti-Violence Against Women and their Children Act of 2004.

What is psychological violence?

Section 3 of the aforementioned law 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 mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.”   Section 5(i) thereof elaborated on the definition by providing what acts constitute psychological violence such as those that cause “…mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children or access to the woman’s child/children.”

From the aforequoted provisions, one can deduce that marital infidelity is one of the acts that cause mental or emotional anguish. This was also pronounced in the case of AAA vs. BBB, (GR No. 212448, January 11, 2018), wherein the Highest Court further dissected the definition of psychological violence:

Psychological violence is an element of violation of Section 5(i) just like the mental or emotional anguish caused on the victim. Psychological violence is the means employed by the perpetrator, while mental or emotional anguish is the effect caused to or the damage sustained by the offended party. 

In order that the accused gets a conviction under section 5(i) in relation to section 3 of RA 9262, the prosecution must establish the following elements with proof proven beyond reasonable doubt:

• 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 a woman with whom the offender has or had sexual relationship, or is a woman with whom such offender has a common child. As for the woman’s child or children, they may be legitimate or illegitimate, or living within or without the family abode;
• The offender causes on the woman and/or children mental anguish or emotional anguish; and
• 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 acts or omission.

The following facts could be noted from the ARAZA CASE:  the wife earlier instituted before the PNP a complaint for concubinage against the husband for living with another woman. The wife’s grievance was settled with the husband agreeing in writing to leave his mistress.  Only months after the said settlement, however, the husband disappeared. Almost seven years later, the wife was devastated to learn from National Bureau of Investigation that her husband resumed relationship with the same woman and had, in fact, sired three children.  The wife’s prolonged ordeal with her husband’s infidelity   forced her to seek help from a psychiatrist. She was prescribed with anti-depressants and sleeping pills.  The Highest Court found the husband for inflicting emotional and mental suffering on the wife. He was sentenced to suffer an imprisonment of six months and one day imprisonment, as minimum, up to eight years and one day, as maximum.

So what do we learn from the ARRAZA CASE?

Two songs come to mind. From the victim’s perspective, “Please Be Gentle With My Heart” is appropriate.  From the philanderer’s, it is “There Is No Easy Way To Break Somebody’s Heart.”  Yep, crushing a woman’s heart might land the cheating lover in jail.

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