A psychological evaluation is not required to establish psychological violence under Republic Act No. 9262, the Anti-Violence Against Women and Their Children (VAWC) Act, the Supreme Court said.
In a decision penned by Associate Justice Henri Jean Paul Inting, the SC’s Third Division upheld the conviction of XXX270257 for psychological violence against his wife and children.
The case involved the accused’s extramarital affair, abandonment of his family, and failure to provide financial support.
Lower courts found all elements of psychological violence under Section 5(i) of the Anti-VAWC Act present: (1) the victim is a woman and/or her child; (2) the victim has a relationship with the offender; (3) the offender causes mental or emotional anguish; and (4) the anguish results from public humiliation, verbal or emotional abuse, denial of financial support, or similar acts.
The accused claimed a psychological report was necessary to prove emotional or mental anguish. However, the SC ruled that a victim’s testimony alone is sufficient.
His wife testified in detail about her suffering, recounting how he left their home to live with another woman next door, fathered a child with her, and flaunted the affair on social media.
The accused was sentenced to up to eight years in prison, fined P200,000, and ordered to pay P75,000 in damages. The SC also mandated psychological counseling or psychiatric treatment.IMT
