The Supreme Court of the Philippines has issued a landmark ruling that clarifies the scope of the Anti-Violence Against Women and Their Children Act. The High Court declared that marital infidelity, by itself, is not a criminal act under Republic Act 9262.
The Core of the Supreme Court's Decision
In a decision penned by Senior Associate Justice Marvic Leonen, the SC's Second Division acquitted a man, referred to as "Danny," overturning his previous conviction for violating the VAWC law. The ruling, promulgated on April 21, 2025 and made public on December 21, 2025, establishes a crucial legal standard.
The justices emphasized that for a conviction under Section 5(i) of RA 9262, prosecutors must conclusively prove two separate elements. First, they must show acts that constitute psychological violence. Second, they must provide evidence that these acts caused mental or emotional anguish to the victim.
"The law should not be treated as an unbridled license for the State to intrude into personal affairs," Justice Leonen wrote in the decision. He explained that the accused's actions must be evaluated to determine if there was an intent to cause public humiliation or anguish to shift power dynamics in the relationship.
How the Case Unfolded: From Conviction to Acquittal
The case originated when Danny's wife, "Wena," discovered her husband was having an affair with her friend. Based on this, prosecutors charged Danny with psychological violence. Both the Regional Trial Court and the Court of Appeals found him guilty.
However, during his appeal to the Supreme Court, Danny presented a critical piece of evidence: an affidavit from Wena where she retracted her original claims. In her recantation, Wena stated she was "not hurt nor devastated" by the affair because the couple had an understanding about new relationships.
She admitted feeling betrayed more by her friend than by her husband. Wena also revealed that she only consulted a clinical psychologist to secure medical evidence for the criminal case, not because she was suffering emotionally.
Implications and Clarifications from the High Court
The Supreme Court ruled that Wena's recantation created reasonable doubt about the existence of emotional anguish. The justices noted it would be ironic to uphold a conviction when the alleged victim herself declared she did not suffer the required harm. The prosecution failed to prove Danny intended to inflict psychological harm to control or manipulate Wena.
While delivering the acquittal, the Court was careful to state that it does not condone unfaithfulness. "This is not to discredit the very real pain and suffering felt by persons whose trust was broken," Leonen clarified. "However, these experiences are as important as they are intimate and private."
This ruling sets a significant precedent, drawing a clear line between a personal marital wrong and a criminal act of violence under RA 9262. It underscores that the law targets acts of violence and control, not the fact of infidelity alone, unless it is weaponized to cause proven psychological harm.
