Broken Vows & Women Violence: Marital Infidelity is Psychological Violence under Anti-VAWC Act
Michelle Angela M. Ucab[1]
“…to have and to hold from this day forward, for better, for worse, for richer, for poorer, in sickness and health, until death do us part”
These are the words we always hear during wedding ceremonies that make one burst into tears. Article 68 of the Family Code states that, “The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support.” But one day, the heart has changed and all these obligations have gone with the wind. Is marriage still worth fighting for?
Violence against women and their children have always been a pervasive and perennial problem in the Philippines. This is a challenge that has undeniably reverberating repercussions on individuals, relationships, communities, and the society as a whole. The 2022 National Demographic and Health Survey (NDHS) released by the Philippine Statistics Authority (PSA) reveals that nearly 1 out of 5 women have experienced emotional, physical, or sexual violence by their current or most recent husband or intimate partner. In 2023, 8,055 cases classified under the Republic Act No. 9262 (Anti-Violence Against Women and their Children Act of 2004) were reported to the Philippine National Police (PNP). [2]
One of the acts of violence covered by RA 9262 is psychological violence. In Section 5 (i) of the said law, one of the acts of violence against women and their children is “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 of access to the woman’s child/children.” [3]
On March 1, 2023, the Supreme Court upheld the conviction for violation of RA 9262 of a man who cohabited with another woman and impregnated her while his wife was working abroad. In the case of XXX vs. People of the Philippines, the Court emphasized that marital infidelity is one of the forms of psychological violence. In the said case, petitioner XXX and AAA were married and had a daughter, BBB. AAA, the wife, went to Singapore to work. Later on, she discovered that XXX, the husband, was in a romantic relationship with another woman, CCC, and that the latter eventually got pregnant with XXX’s child. As XXX and CCC started cohabiting, AAA sought the assistance of the Department of Social Welfare and Development to get her daughter from her mother-in-law. The prosecution was able to prove XXX’s marital infidelity and abandonment to his wife and daughter, which caused them mental and emotional anguish. The child’s psychological trauma was undeniably evident as she narrated her father’s infidelity in court. The nine-year old daughter stated how deeply hurt she was as his father had another family and loved another woman other than her mother. [4]
This ruling of the Supreme Court emphasized that one’s marital infidelity is a form of psychological violence against women and their children punishable under RA 9262. It causes mental and emotional anguish to both the woman and her child, on top of other economic, social, and cultural challenges they have to face as part of the vulnerable sectors of the society. This is just a glimpse of the lived realities among women and children in the Philippines. Thus, it is important that women and children and other marginalized and disadvantaged sectors are legally empowered in the community.
As SALIGAN continues to provide developmental legal work and representation for the marginalized and disadvantaged sectors, its strategies and programs prove to be timely and relevant in the status quo – legal literacy and paralegal formation, litigation support, policy advocacy, and research and publications. After all, the campaign to end violence against women and their children necessitates extensive collaboration and partnership between and among the government, non-governmental organizations, and local communities.
Broken vows and broken promises. When all of the marital obligations have gone with the wind, the marriage may no longer be worth fighting for when it costs one’s rights and dignity as a human being – especially as a woman. Violence against women and their children has to end.
[1] Michelle Angela M. Ucab is currently a fourth-year law student of Ateneo de Davao University. She completed her CLEP placement with SALIGAN from August 6, 2025 to April 10, 2026.
[2] 2024 18-day campaign to end violence against women | Philippine Commission on Women. (2024, September 19). https://pcw.gov.ph/2024-18-day-campaign-to-end-violence-against-women/#:~:text=Violence%20Against%20Women%20(VAW)%20is,of%20all%20women%20and%20girls.
[3] Republic Act No. 9262. (n.d.). https://lawphil.net/statutes/repacts/ra2004/ra_9262_2004.html
[4] XXX vs. People of the Philippines. (2023, March 1). Retrieved September 5, 2025, from https://sc.judiciary.gov.ph/250219-xxx-vs-people-of-the-philippines/