In the Philippine legal landscape, Republic Act No. 9262, or the Anti-Violence Against Women and Their Children Act of 2004, serves as a robust shield for women and children. A common misconception is that the law only applies to physical bruises. However, the law explicitly recognizes psychological violence, often manifesting through marital infidelity, even when the perpetrator is an Overseas Filipino Worker (OFW).
1. Understanding Psychological Violence and Infidelity
Under Section 3 of R.A. 9262, psychological violence includes acts or omissions causing mental or emotional suffering. While "infidelity" is not a standalone crime under this specific act (it is usually prosecuted as Adultery or Concubinage under the Revised Penal Code), the Philippine Supreme Court has clarified its role in VAWC cases.
- The Nexus: Marital infidelity is considered a form of psychological violence because it causes the victim emotional anguish, mental torture, and public humiliation.
- The "Marital Tether": Even if an OFW is thousands of miles away, their actions—such as flaunting a "side family" on social media or admitting to an affair—can cause actionable distress to the spouse in the Philippines.
2. The Issue of Extraterritoriality
A landmark development in Philippine jurisprudence (notably in cases like AAA vs. BBB) established that Philippine courts have jurisdiction over VAWC cases even if the actual illicit acts (the affair) occurred abroad.
Legal Principle: The "element of the offense" (the mental anguish and psychological suffering) is felt by the woman within the Philippines. Therefore, the crime is considered to have been committed where the victim resides, allowing Philippine courts to take cognizance of the case.
3. Essential Elements for Filing a Case
To successfully prosecute a VAWC case based on psychological violence due to infidelity, the following must be proven:
| Element | Description |
|---|---|
| Relationship | The victim is a wife, former wife, or a woman in a dating/sexual relationship with the perpetrator. |
| The Act | The OFW partner committed acts of infidelity or emotional abuse. |
| The Effect | The victim suffered mental or emotional anguish (Psychological Violence). |
| Causation | The suffering was a direct result of the partner's actions. |
4. Evidence and Documentation
Proving "anguish" requires more than just a testimony. Strong cases typically include:
- Psychological Evaluation Report: A clinical finding by a psychologist or psychiatrist confirming that the victim suffers from "Battered Woman Syndrome" or clinical depression/anxiety due to the partner's infidelity.
- Communications: Screenshots of messages, emails, or social media posts showing the illicit relationship or the perpetrator’s admissions.
- Witness Testimonies: Statements from friends, family, or coworkers who have witnessed the victim's emotional decline or have knowledge of the affair.
- Proof of OFW Status: Employment contracts or OEC (Overseas Employment Certificate) to establish the perpetrator's identity and location.
5. Remedies Available
Victims can seek several forms of relief through the court system:
- Protection Orders (BPO, TPO, PPO): These can direct the perpetrator to cease all forms of communication and stay away from the victim.
- Support: The court can mandate Permanent Support, where a portion of the OFW’s salary is automatically deducted and remitted to the wife and children (via the employer or the POEA).
- Criminal Liability: Punishment includes imprisonment (Prision Mayor) and mandatory psychological counseling for the perpetrator.
6. The "Hold Departure Order" (HDO)
One of the most effective tools against an OFW partner is the application for a Hold Departure Order. If a criminal case is filed in court, the victim can move for the issuance of an HDO to prevent the OFW from leaving the country after a vacation, or to compel their return to face the charges.
Summary of the Process
- Affidavit-Complaint: File a sworn statement at the Prosecutor’s Office or the Women and Children’s Protection Desk (WCPD) of the PNP.
- Preliminary Investigation: The prosecutor determines if there is "probable cause."
- Filing in Court: If probable cause exists, the case is raffled to a Regional Trial Court (designated as a Family Court).
- Warrant of Arrest: The court issues a warrant. For OFWs, this remains active and will be flagged by the Bureau of Immigration upon their re-entry into the Philippines.