XXX v. People

XXX and AAA married in 1999 and have one child. XXX worked in Manila during the week and went home to the family residence in the province on weekends. In July 2016, AAA learned through a co-worker, and then from a stranger named EEE, that XXX was keeping a woman in another city and had a four-year-old son with her. On July 19, 2016, AAA went to the address with her mother and a family friend, BBB, and found the family vehicle parked outside. During the confrontation that followed, a boy ran out calling for his "Daddy". At the barangay hall, XXX admitted he was the boy's father. When AAA later told him she wanted him jailed, XXX took a knife and threatened to stab himself. For three to four months afterward, AAA could not work or sleep. XXX was charged under Section 5(i) of RA 9262 with keeping a mistress and thereby causing AAA mental and emotional anguish. He admitted fathering the child but said the child came from a one-night stand, and argued that AAA's anguish could have come from his refusal to reconcile. The RTC convicted him, and the CA affirmed.

1. 1Whether XXX's marital infidelity caused AAA mental or emotional anguish within Section 5(i) of RA 9262
2. 2Whether proof of a specific intent to cause anguish, as required in Acharon v. People, is needed where the psychological violence is marital infidelity
3. 3Whether an Information charging 'keeping a mistress' fails where the accused claims only a one-time encounter

XXX is guilty. Dinamling lists the elements of Section 5(i): (1) the offended party is a woman and/or her child; (2) she is the offender's wife or former wife, a woman with whom he has or had a sexual or dating relationship, or a woman with whom he has a common child; (3) the offender causes her mental or emotional anguish; and (4) the anguish is caused through public ridicule or humiliation, repeated verbal and emotional abuse, denial of support or custody, or similar acts or omissions. Section 3(c) expressly lists marital infidelity as a form of psychological violence. AAA's anguish, corroborated by BBB, came solely from the infidelity; XXX's alternative explanation was unsupported. The Information charged him with causing mental and emotional anguish, not with "keeping a mistress". An illicit sexual encounter, however casual or infrequent, is marital infidelity. Acharon's requirement of proof of intent to inflict anguish applies only to willful denial of financial support. The Court agreed that crimes under Section 5(i) are mala in se, but held that "in instances of marital infidelity, the requirement of specific criminal intent to cause mental and emotional suffering is already satisfied at the moment the perpetrator commits the act of marital infidelity." What remains to be proved is that the wife or child actually suffered anguish because of the act. Not every extramarital relationship is criminal: estranged spouses, or a spouse who consents, may suffer no anguish. The petition was denied. XXX was sentenced to two years, four months and one day of prision correccional to eight years and one day of prision mayor, fined PHP100,000, and ordered to undergo mandatory psychological counseling or psychiatric treatment.