Dear PAO,
My relationship with my husband turned topsy-turvy when I found out about his extramarital affairs with different women. The first time I caught him was just two months after our marriage. He ended his affair, but after several months, he was again involved with another woman. This cycle keeps on repeating, and I think that I am already emotionally abused and depressed. I cannot sleep and have no appetite to eat. So, I complained against him before the barangay. During our meeting, he denied that his affairs were the cause of my emotional anguish, and he also claimed that I should have been psychologically ill and presented proof for him to be liable for emotional abuse. Is he correct?
Dear Terine,
Psychological violence is one of the abuses punishable under Republic Act 9262 or the “Anti-Violence Against Women and Their Children Act of 2004.” The same is defined under Section 3 (c) of the law as follows:
- Intimidation
- Harassment
- Stalking
- Damage to property
- Public ridicule or humiliation
- Repeated verbal abuse
- Mental infidelity
The law specifically provides that causing mental or emotional anguish, public ridicule or humiliation to the woman or her child is an act of violence against women and their children.
Elements of Psychological Violence
- The offended party is a woman and/or her child or children
- The woman is either the wife or former wife of the offender, or is a woman with whom the offender has or had a sexual or dating relationship
- The offender causes mental or emotional anguish to the woman and/or child
- The anguish is caused through acts of public ridicule or humiliation, repeated verbal and emotional abuse, denial of financial support or custody of minor children, or access to the children or similar acts or omissions
From the foregoing, it can be deduced that the victim need not be psychologically ill to be liable for emotional abuse so long as the victim suffered mental or emotional anguish. Proof of emotional anguish and mental suffering are essential for establishing emotional abuse.
Applying the above-mentioned principles to your situation, the claim of your husband that you need to prove that you are psychologically ill is incorrect. Emotional anguish is the key factor that needs to be proven in cases of psychological violence.
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.
