Facts
XXX27057 was convicted by the RTC and the CA for violation of Sec. 5(i) of RA 9262 which penalizes causing mental or emotional anguish, public ridicule or humiliation to the woman and/or her child.
Petitioner XXX270257 argued before the Supreme Court that a psychological evaluation or assessment is needed to support a finding of psychological violence suffered by the victim.
ISSUE: Is a psychological evaluation of the victim required to support a finding of psychological violence under RA 9262?
Ruling
The elements of psychological violence under Sec. 5(i) or RA 9262 are the following:
- The offended party is a woman and/or her child/children;
- The woman is either the wife or former wife of the offender xxx As for the woman’s child or children, they may be legitimate or illegitimate, or living within or without the family abode;
- The offender causes on the woman and/or child mental or emotional anguish; and
- The anguish is caused through acts of public ridicule or humiliation xxx.
A psychological evaluation is not indispensable in proving the infliction of psychological violence under RA 9262 because it is not one of the elements of the crime. “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.”
In this case, AAA and BBB (their daughter) was able to prove their emotional anguish by testifying that XXX270257: 1) engaged in an extramarital relationship; 2) abandoned his wife; 3) sired an illegitimate child; and 4) failed to financially support his children.
Hence, XXX270257’s conviction was upheld by the Supreme Court.