SC: Psychological evaluation not needed to prove psychological violence

The Supreme Court (SC) has reiterated that psychological evaluations are not required to prove psychological violence under the Anti-Violence Against Women and Their Children (VAWC) Act.

In a 14-page decision that affirmed the conviction of a man who was found to have flaunted his affair, the SC Third Division said that the victim’s testimony is sufficient to prove emotional or mental suffering.

The decision was promulgated in August 2024 but published only in January 2025.

The man was charged with violating Section 5(i) of the VAWC Act for causing his wife and their children mental and emotional anguish, and public ridicule by abandoning them and living with another woman, and denying them financial support.

Both the regional trial court and the Court of Appeals found him guilty.

In his appeal before the SC, the man argued that evidence in the form of a psychological evaluation or assessment was needed to support the finding of psychological violence.

In its ruling, however, the SC said this has “no basis."

"[His] insistence that a psychological report is indispensable to the prosecution of the violation of Section 5(i) of Republic Act. No 9262 (VAWC Act) has no basis in law and jurisprudence. As such, it cannot serve to acquit him,” it said.

In his concurring opinion, Associate Justice Alfredo Benjamin Caguioa clarified that it was not enough for the woman to experience mental or emotional anguish for an individual to be convicted for violation of Section 5(i).

Caguioa said it must be proven that the accused wilfully or consciously committed the acts complained of to inflict mental or emotional anguish upon her.

“In this case, the evidence presented by the prosecution established beyond reasonable doubt that [the man] intended to cause mental or emotional anguish and public ridicule or humiliation upon [his wife],” the opinion read.

“He did so, not by engaging in marital infidelity per se, but by flaunting the very same extramarital relationship in full view of AAA, his legitimate children, and the public,” it added.

Caguioa stressed that marital infidelity per se was not punished under the VAWC Act.

The SC sentenced the man to six months and one day to eight years and one day in prison and gave him a fine of P200,000. It also ordered him to pay his wife P75,000 in moral damages.

Aside from this, he was directed to undergo mandatory psychological, counseling, or psychiatric treatment. –NB, GMA Integrated News