The Supreme Court (SC) on Wednesday said psychological evaluation is not required to prove psychological violence under the Anti-Violence Against Women and Their Children (VAWC) Act.
In a decision written by Associate Justice Henri Jean Paul Inting, the SC’s Third Division affirmed the accused’s conviction for psychological violence against his wife and children.
The said case stemmed from the accused’s extramarital affair, abandonment of his family, and failure to provide financial support to his children.
The High Court clarified that a psychological evaluation from an expert witness is not necessary to prove violence as the victim’s testimony is sufficient to prove emotional or mental suffering.
It cited Section 5 (i) of the law providing the elements of the crime to wit: the victim is a woman and/or her child; the victim is the wife or has a relationship with the offender; the offender causes the victim mental or emotional anguish; and the anguish is caused through public humiliation, verbal and emotional abuse, denial of financial support, or similar acts.
The accused was consequently sentenced to up to eight years in prison, fined P200,000, and ordered to pay P75,000 in damages. The SC likewise directed him to undergo psychological counseling or psychiatric treatment.
