Section 5 (i) penalizes some forms of psychological violence inflicted on victims who are women and children. – “It bears emphasis that Section 5(i) penalizes some forms of psychological violence that are inflicted on victims who are women and children. Other forms of psychological violence, as well as physical, sexual and economic violence, are addressed and penalized in other sub-parts of Section 5.
The law defines psychological violence as follows:
Section 3(a)
X x x x
- “Psychological Violence” refers to acts or omissions causing or is likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the rights to custody and/or visitation of common children.
Psychological violence is an element of violation of Section 5(i) just like the mental or emotional anguish caused on the victim. Psychological violence is the means employed by the perpetrator, while mental or emotional anguish is the effect caused to or the damage sustained by the offended party. To establish psychological violence as an element of the crime, it is necessary to show proof of commission of any of the acts enumerated in Section 5(i) or similar such acts. And to establish mental and emotional anguish, it is necessary to present the testimony of the victim as such experiences are personal to this party.”[1]
Section 5(i) focuses on non-physical suffering. – “xx, the focus of this particular criminal act is the causation of non-physical suffering, that is, mental or emotional distress, or even anxiety and social shame or dishonor on the offended party, and not of direct bodily harm or property damage which are covered by the other sub-sections of the law’s provisions. The use of physical violence, whether or not it causes physical or property harm to the victim, falls under Section 5(i) only if it is alleged and proven to have caused mental or emotional anguish. Likewise, the physical injuries suffered are similarly covered only if
they lead to such psychological harm. Otherwise, physical violence or injuries, with no allegation of mental or emotional harm, are punishable under the other provisions of the law.”[2]
Distinction between Section 5(i) and other violations of Section 5 of R.A. 9262. – “To begin with, we must emphasize that what distinguishes Section 5(i) from the other violations of Section 5 of R.A. 9262 are the indispensable requirements of (1) psychological violence; and (2) emotional anguish or mental suffering. Psychological violence is the means employed by the perpetrator, while emotional anguish or mental suffering are the effects caused to or the damage sustained by the offended party. As we said in the case of Dinamling, the “focus of this particular criminal act [Section 5(i) of R.A. 9262] is the causation of non-physical suffering, that is, mental or emotional distress, or even anxiety and social shame or dishonor on the offended party.” (Citations omitted)[3]
[1] Dinamling v. People of the Philippines, G.R. No. 199522, June 22, 2015
[2] Dinamling v. People of the Philippines, G.R. No. 199522, June 22, 2015
[3] XXX v. People of the Philippines, G.R. No. 252087, February 10, 2021