Dear PAO,
My husband works as an OFW in Bahrain. He has been there for three years now. Months ago, I discovered he has a mistress there and is cohabiting with her. Can I file a case against my husband for repeated marital infidelity, even if the acts were committed outside the Philippines?
Anaflor
Dear Anaflor,
Please be informed of Section 3 of Republic Act (RA) 9262, otherwise known as “Anti-Violence Against Women and their Children Act of 2004” (VAWC), which states:
“Section 3 – As used in this Act, xxx
“C. ‘Psychological violence’ refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.”
Based on the above-stated law, repeated marital infidelity may be considered a form of psychological violence if it causes mental or emotional suffering to the victim.
Further, in the case of AAA v. BBB (GR 212448, Jan. 11, 2018), the Supreme Court, through Associate Justice Noel Tijam, held for the first time that a violation of the VAWC Law by the husband through repeated marital infidelity committed abroad may be prosecuted in the Philippines. It reasoned that in psychological violence, what is being punished is the act of causing mental or emotional suffering to the wife. Since the suffering of the wife happened in the Philippines, local courts may take cognizance of the case. The Supreme Court characterized acts of violence against women as transitory or continuing crimes whereby some acts material or essential thereto occur in different places.
If your husband commits repeated marital infidelity abroad and the same causes mental or emotional suffering to you while you are here in our country, you can sue him for violation of the Anti-VAWC Law on the grounds of psychological violence.
If he does not respond to the charges against him and the prosecutor finds probable cause during the preliminary investigation, the case will reach the court, and the judge may issue a warrant for his arrest. In such a case, if he comes home to the Philippines, he may be arrested.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]
