Is Marital Infidelity Punishable Under The Anti-Vawc Law?

Marital Infidelity is Psychological Violence under Republic Act No. 9262 otherwise known as Anti-Violence Against Women and their Children Act of 2004 (Anti-VAWC Act)

In a Decision (G.R. No. 250219 – XXX v. People) dated March 1, 2023, the Supreme Court, through Justice Ramon Paul L. Hernando, upheld the conviction for violation of the Anti-VAWC Act committed by a man who cohabited with and impregnated another woman while his wife was working abroad.

Emphasizing that marital infidelity is one of the forms of psychological violence, the Supreme Court agreed with the trial court and the Court of Appeals and ruled that all the elements to establish a violation of Sec. 5(i) were present. These elements are: 1) the offended party is a woman and/or her child or children; 2) the woman is either the wife or former wife of the offender; 3) the offender causes on the woman and/or child mental or emotional anguish; and 4) the anguish is caused through acts of