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Fri. Apr 16th, 2021

Philippine Supreme Court Upholds Fine, Jail Term for Marital Infidelity

The Philippine Supreme Court upheld a 2017 ruling by the Court of Appeals of Las Piñas City. The case involved a man cheating on his wife with his mistress. The court ruled Jaime Araza violated the Anti-Violence Against Women and Their Children Act of 2004 (VAWC.) This Republic Act 9262 considers marital infidelity a form of psychological violence.


Violation of the law is punishable by imprisonment and a fine. Araza faces a six-month to a maximum eight-year prison term in the Philippines. In Araza’s case, the court ordered Araza to pay a fine of P100,000 (approximately 2,000 US dollars.) He also has to pay for moral damages of P25,000 (500 USD.)

An Oct. 27, 2020 report from BusinessMirror.com states that Araza also has to undergo mandatory psychological counseling, or psychiatric treatment. He has to report to the trial court within 15 days after the completion of the counseling, or treatment.

Initial Concubinage Charges Fail

“I know he doesn’t love me anymore…I want him to be punished so that he will know how it feels to be hurt,” Araza’s wife stated.

The scoundrel’s spouse had first filed a concubinage complaint against her husband.

The concubinage raps never stuck. The husband and the mistress “committed never to see each other again.” However, this turned out to be a lie along with two other classic fibs. Of course, I’m referring to “the check’s in the mail” and “I’ll respect you in the morning.”

“Denial Ain’t Just a River in Egypt” Mark Twain

The couple was married on October 5, 1989. They were living together for 18 years without any marital issues.

However, in 2007, the wife learned that her husband was having an extramarital affair.

Consequently, Araza’s wife eventually went to Zamboanga, where her husband had their networking business. She had to check for herself whether the information was true.

She was able to confirm that her husband was living with another woman.

Subsequently, after the dismissal of the concubinage charges, two months later Araza left his wife. He had gone back to his mistress.

“As a dog returns to its vomit, so fools repeat their folly,” Proverbs 26:11.

Ominous Threats from the Mistress

The wife testified that she had been receiving text messages from her husband’s mistress. The Jezebel said the husband was sick and needed money for his medications.

In addition, the wife received a text message from the mistress threatening to kill her husband. This prompted the scorned spouse to file a “writ of habeas corpus” in 2013. (The “writ of habeas corpus” shall extend to all cases of illegal confinement or detention by which any person is deprived of his liberty.”)

The spouse believed that the mistress was holding her husband hostage. The wife’s lawyer sent a letter to the mistress to her known address.

There was no reply.

The beleaguered spouse returned to Zamboanga to look for her husband. She discovered that Araza was living with his mistress again. Araza had been busy. He had fathered three children with his paramour.

The Aftermath

The complainant said the entire experience has influenced her mental and physical health. She said she became ill. Moreover, she claimed she had to undergo hospital care while searching for her “better half.”

She affirmed that she had been experiencing sleep deprivation and asthma. The suffering spouse also had to take antidepressants and sleeping pills. She needed these to deal with her severe emotional and psychological upheaval.

She also testified that she spent huge sums of money to locate her husband and for her medical needs.


“The prosecution has established Araza’s guilt beyond reasonable doubt by proving that he committed psychological violence upon his wife by committing marital infidelity. AAA’s testimony was strong and credible. She was able to confirm that Araza was living with another woman,” the Supreme Court ruled.

The Supreme Court expounded that psychological violence is a crucial element of violation of Section 5(i) of RA 9262.

The Supreme Court said, “the law does not require proof that the victim became psychologically ill due to the psychological violence done by her abuser.”

“(The husband) can only offer the defense of denial. The defense of denial is inherently weak and cannot prevail over the positive and credible testimonies of the prosecution witnesses that the accused committed the crime,” the Supreme Court added.

With reporting from Rappler.com

All photos from pixabay. Featured photo from cuncon at pixabay is not a mistress but she is a sexy woman

By The Kano

POST AUTHOR: "THE KANO." Dave DeWall, "The Kano", is the Publisher & Editor-in-Chief of "Philippines Plus" in publication since August 2009. He is also the CEO of Lizard Poop Productions and author of the best-selling guide book "The Philippines Expat Advisor." Dave moved to the Philippines in July 2009 from Central Illinois with his lovely wife of over 21 years, "The Sainted Patient Wife." The couple reside in a rural province in Western Visayas, Guimaras. The small island province is said to have the sweetest mangoes in the world. They do not have any children but are the proud owners of eight active canines, including a Belgian Malinois called "Killer" "Killer" has bitten five people over the years along with one goat and a carabao. "Killer" doesn't like strangers. Or goats. Or carabaos.

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