JAIME ARAZA Y JARUPAY, PETITIONER, VS.
PEOPLE OF THE PHILIPPINES,
RESPONDENT.
(G.R. No. 247429, September 08, 2020)
The elements of violation of Section 5(i) of R.A. No. 9262 were sufficiently
alleged in the Information.
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. On
the other hand, Section 5(i) of R.A. No. 9262 penalizes some forms of
psychological violence that are inflicted on victims who are women and
children through the following acts: (i) Causing mental or emotional anguish,
public ridicule or humiliation to the woman or her child, including, but not
limited to, repeated verbal and emotional abuse, and denial of financial
support or custody of minor children or access to the woman's child/children.
(Emphasis supplied)
In Dimamling v. People,[22] the elements of violation of Section 5(i) of R.A. No.
9262 are enumerated: (1) The offended party is a woman and/or her child or
children; (2) 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, or
is a woman with whom such offender has a common child. As for the woman's
child or children they may be legitimate or illegitimate, or living within or
without the family abode; (3) The offender causes on the woman and/or child
mental or emotional anguish; and (4) 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.
To determine whether the elements of violation of Section 5(i) were
sufficiently alleged, the accusatory portion of the Information is reproduced
below: That on or about the month of September 2007, prior and subsequent
thereto, in the City of Las Piñas, Philippines, and within the jurisdiction of this
Honorable Court, the above-named accuse with intent to humiliate and
degrade his lawful wife AAA, did then and there willfully, unlawfully and
feloniously commit acts of psychological abuse upon his wife by then and there
committing acts of marital infidelity by having an affair with his paramour
Tessie Luy Fabillar and begetting three illegitimate children with his paramour
thus causing [his] wife emotional anguish and mental suffering. CONTRARY TO
LAW [23] Araza is correct that he cannot be convicted based on acts of
abandonment of the conjugal home, and pretenses that he was forcefully
detained.
These were not alleged in the Information.
However, there were other acts alleged in the Information that caused
emotional anguish and mental suffering on AAA. In this case, the Court finds
that the Information contains the recital of facts necessary to constitute the
crime charged. It clearly stated that: (1) The offended party AAA, is the wife of
offender Araza; (2) AAA sustained emotional anguish and mental suffering; and
(3) such anguish and suffering is inflicted by Araza when he had an extramarital
affair with Fabillar and had three illegitimate children with her.
The CA was correct in ruling that Araza committed psychological violence
upon his wife AAA by committing marital infidelity, which caused AAA to
suffer emotional anguish and mental suffering.
Psychological violence is an indispensable element of violation of Section 5(i) of
R.A. No. 9262.[24] Equally essential is the element of emotional anguish and
mental suffering, which are personal to the complainant.[25] Psychological
violence is the means employed by the perpetrator, while emotional anguish or
mental suffering are the effects caused to or the damage sustained by the
offended party.[26]
The law does not require proof that the victim became psychologically ill due to
the psychological violence done by her abuser. Rather, the law only requires
emotional anguish and mental suffering to be proven.
To establish emotional anguish or mental suffering, jurisprudence only requires
that the testimony of the victim to be presented in court, as such experiences
are personal to this party.[27] In order to establish psychological violence,
proof of the commission of any of the acts enumerated in Section 5(i) or similar
of such acts, is necessary.
The prosecution has established Araza's guilt beyond reasonable doubt by
proving that he committed psychological violence upon his wife by committing
marital infidelity. AAA's testimony was strong and credible. She was able to
confirm that Araza was living with another woman.
Marital infidelity, which is a form of psychological violence, is the proximate
cause of AAA's emotional anguish and mental suffering, to the point that even
her health condition was adversely affected.
Having ascertained the guilt of Araza for violation of Section 5(i), We shall now
proceed to determine the appropriate penalty. Section 6 of R.A. No. 9262
provides: SECTION 6. Penalties. - The crime of violence against women and
their children, under Section 5 hereof shall be punished according to the
following rules: (f) Acts falling under Section 5(h) and Section 5(i) shall be
punished by prision mayor.
If the acts are committed while the woman or child is pregnant or committed in
the presence of her child, the penalty to be applied shall be the maximum
period of penalty prescribed in the section. In addition to imprisonment, the
perpetrator shall (a) pay a fine in the amount of not less than One hundred
thousand pesos (P100,000.00) but not more than three hundred thousand
pesos (300,000.00); (b) undergo mandatory psychological counseling or
psychiatric treatment and shall report compliance to the court.
Applying the Indeterminate Sentence Law, the minimum term of the
indeterminate penalty shall be taken from the penalty next lower in degree,
which is prision correcional, in any of its period which is from six (6) months
and one (1) day to six (6) years, while the maximum term shall be which could
be properly imposed under the law, which is eight (8) years and one (1) day to
ten (10) years of prision mayor, there being no aggravating or mitigating
circumstance attending the commission of the crime.[46]
This Court deems it proper to impose on petitioner Araza, the indeterminate
penalty of six (6) months and one (1) day of prision correcional, as minimum, to
eight (8) years and one (1) day of prision mayor, as maximum. Also, petitioner
Araza is DIRECTED TO PAY a fine in the amount of ONE HUNDRED THOUSAND
PESOS (P100,000.00), and moral damages in the amount of TWENTY-FIVE
THOUSAND PESOS (P25,000.00).
