ILOILO City – The Supreme Court (SC) has reiterated that a psychological evaluation is not necessary to establish psychological violence under Republic Act No. 9262, or the Anti-Violence Against Women and Their Children (VAWC) Act.
In a decision penned by Associate Justice Henri Jean Paul B. Inting, the SC’s Third Division upheld the conviction of a man who caused psychological violence to his wife and children through his extramarital affair, abandonment, and failure to provide financial support.
The courts determined that all elements of psychological violence under Section 5(i) of the Anti-VAWC Act were present.
These include that the victim is a woman and/or her child and the victim is the wife or has a relationship with the offender. The offender caused mental or emotional anguish to the victim.
The anguish suffered by the victim resulted from public humiliation, verbal or emotional abuse, denial of financial support, or similar acts.
The accused argued that a psychological report was necessary to prove the element of mental or emotional anguish.
However, the SC clarified that the victim’s testimony alone is sufficient to establish emotional or mental suffering.
During the trial, the wife testified in detail how the accused abandoned their family, moved in with another woman next door and even fathered a child with his mistress.
The man even flaunted his extramarital relationship on social media.
The tribunal deemed the victim’s testimony was credible and sufficient to demonstrate the mental and emotional anguish inflicted upon her.
The SC sentenced the accused to up to eight years of imprisonment. He was also ordered to pay a fine of P200,000 and P75,000 in damages.
The court also ordered him to undergo psychological counseling or psychiatric treatment.
This latest SC ruling underscored its commitment to protecting women and children from psychological abuse and ensuring that justice is not hindered by technicalities like the absence of psychological evaluations./PN
