Leaving wife for mistress, marital infedility punishable by prison sentence, SC affirms

The Supreme Court (SC) said that marital infidelity is a form of "psychological violence" as it upheld the conviction of a man who had left his wife for his mistress.

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The SC’s First division upheld the lower court’s finding of guilt beyond reasonable doubt of the husband, charged with violation of Republic Act 9262 or the Anti-Violence against Women and Their Children Act of 2004.

The prosecution has established beyond reasonable doubt that the [husband] committed the crime of psychological violence, through his acts of marital infidelity, which caused mental or emotional suffering on the part of [his wife],

the ruling penned by Chief Justice Diosdado Peralta read.

He was sentenced to six months to eight years of imprisonment and ordered to pay a P100,000 fine and P25,000 as moral damages.The husband was also ordered to undergo psychological counselling and report his compliance to the court.

The couple got married in 1989. In September 2007, the wife learned that her husband was having an extramarital affair and that he fathered three children with his mistress. She filed a complaint against her husband and the mistress. The complaint was settled with the husband agreeing never to see the mistress again. Two months later, he left his wife. With help coming from the National Bureau of Investigation, she learned that her husband returned to his mistress.

On trial, the husband admitted that he left his wife because he can no longer take her behavior. He also admitted that he is aware of the sufferings because of his infidelity.

The wife said she suffered emotional and psychological abuse. She also had to take anti-depressant and sleeping pills to cope.

The regional trial court convicted the husband in a decision that was subsequently affirmed by the Court of Appeals (CA).

In its decision, the SC said the CA was correct. The SC said the wife's testimony of suffering mental and emotional anguish was "categorical and straightforward."

Marital infidelity, which is a form of psychological violence, is the proximate cause of [the wife's] emotional anguish and mental suffering, to the point that even her health condition was adversely affected,

the SC said.

The decision was penned by Chief Justice Diosdado Peralta with concurrences from Associate Justices Alfredo Benjamin Caguioa, Amy Lazaro-Javier, Mario Lopez, and the now-retired Jose Reyes, Jr.