Jarupay vs People of the Philippines, G.R. No. 247429 is an example of how psychological violence can be inflicted on someone through marital infidelity. By committing marital infidelity, the accused would be inflicting emotional anguish and mental suffering to his or her spouse.
The complainant, AAA, and the accused, Jaime Araza y Jarupay, were married on October 5, 1989. AAA had no marital issues with Araza until he went to Zamboanga City for their networking business.
One day, AAA received a text message stating that Araza was having an affair with their best friend. She went to Zamboanga to see for herself whether it was true, and was able to confirm that her husband was living with another woman named Tessie Luy Fabillar.
AAA instituted a complaint against Araza and his alleged mistress for concubinage. The case was subsequently amicably settled after the parties executed an Agreement whereby Araza and Fabillar committed themselves never to see each other again.
After the case was settled, Araza came to live with AAA again. However, it wasn’t long before Araza left once more. Out of desperation, AAA sought the help of the NBI to search for him. To her surprise, Araza had returned to live with his mistress again.
Based on the NBI agent’s investigation, Araza and his mistress, Fabillar, had been living together as husband and wife. Three children were born out of their affair. The truth caused AAA emotional and psychological suffering. She suffered from insomnia and asthma. At the time of the case, she was still taking anti-depressants and sleeping pills to cope with the psychological turmoil brought about by Araza’s marital infidelity. She then filed a case against Araza for Violence Against Women and Children on the grounds of psychological violence caused by his infidelity.
Araza is fully liable for the crime of Violence against Women and their Children. One of the grounds for VAWC is psychological violence, as stated in Section 5(i) of R.A. No. 9262. The law requires that the emotional anguish and mental suffering of the victim be proven. This is done by requiring the testimony of the victim to be presented in court.
The prosecution has established Araza’s guilt by proving that he committed psychological violence upon his wife by committing marital infidelity. AAA’s testimony was strong and credible, and her emotional anguish and mental suffering came to the point where even her health condition was adversely affected.
As a result, the RTC found Araza guilty of the crime of violence against women under Section 5 (i) of Republic Act No. 9262. The CA denied Araza’s appeal and motion for reconsideration.
