Infidelity equals “violence” – SC – Manila Normal

The Supreme Court has ruled that husband’s infidelity or extramarital affairs are considered “psychological violence” against his wife.

In a 19-page decision by Chief Justice Diosdado Peralta, the First Division of the Supervisory Committee rejected the appeal of Jaime Araza, which sought to overturn the decision of the Court of Appeal of December 17, 2018, which passed the judgment of the regional court of the city of Las Pinas was confirmed to Branch 199 on October 30, 2017, found guilty of violating Republic Act 9262 or the 2014 Act Against Violence Against Women and Their Children. The Supreme Court upheld Araza’s conviction of having an affair and fathering three children with his mistress in violation of Section 5 (i) of the Violence Against Women and Children Act and sentenced him to a minimum of six months’ imprisonment to a prison term of a maximum of eight years. In Section 5 of RA 9262, acts of violence against women and children were listed. Specifically, Section 5 (i) relates to acts that “cause the woman or her child emotional or emotional distress, public ridicule or humiliation, including, but not limited to, repeated verbal and emotional abuse and denial of financial support or custody of minors Children with access to the woman’s child (s). “” Prosecutors have established beyond any doubt that Araza committed the crime of psychological violence through conjugal infidelity that resulted in mental or emotional distress on the part of AAA [the wife]”Said the first division of the Supreme Court. The husband must also pay a fine of 100,000 pesetas and 25,000 pesetas in moral damages. He must also undergo mandatory psychological counseling or psychiatric treatment to combat his abusive behavior. Court records showed that the couple married in 1989. In September 2007, the woman learned that her husband was having an extramarital affair and that he was fathering three children with his mistress. This prompted her to file a complaint against her husband and mistress. The complaint was The husband agreed never to see the mistress again. However, two months later, Araza left his wife. With the help of the National Bureau of Investigation, she learned that her husband was returning to his mistress. During the trial, the husband admitted that he left his wife because he Couldn’t stand her behavior any longer He also admitted that he was aware of the suffering due to his infidelity. The woman stressed what happened to her Mar. Riage took a toll on her health as she was often hospitalized, took antidepressants and sleeping pills. “Marital infidelity, a form of psychological violence, is the immediate cause of AAA’s emotional agony and suffering, to the point that even their health has been compromised,” the High Tribunal said. The regional court in Las Piñas found the husband guilty of psychological abuse in a decision dated October 30, 2017. On December 17, 2018, the appellate court upheld the lower court’s decision. The husband appealed the CA decision to the Supreme Court. The Supervisory Committee, however, denied his request that the Court of Appeal’s decision “not show any reversible error”.

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