The Supreme Court affirmed that marital infidelity, which results in proven emotional anguish, was a form of violence subject to penalties under Republic Act 9262 or the Anti-Violence Against Women and Children .
The man was convicted by a Las Piñas court in 2017 for violation of Section 5. This ruling was upheld by the Court of Appeals in 2019, prompting the man to go to the Supreme Court. In November of 2007, the husband disappeared, and the wife would find out he had returned to his mistress. But this is what the NBI found out: The husband had willingly left the wife to be with his mistress, and the couple already had 3 children of their own. The petition for the writ of habeas corpus was dismissed.
"RA 9262 does not criminalize acts such as marital infidelity per se, but the psychological violence causing mental or emotional suffering on the wife," said the CA.The Supreme Court, not being a trier of facts, said it did not want to disturb the findings of the lower court, which had the chance to personally examine the wife and the husband, and therefore was in better position to judge who was telling the truth.
“He must be put in jail so that he knows.. he had done something wrong to me, because I love him so much, but then, he has different attitudes.. I want to put him in jail, that’s all,” the wife had told the lower court.
Nice. Now do the congressmen and senators.
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