Psychological violence (RA 9262)

The crime of psychological violence under Section 5(i) of RA No. 9262 is described as:
Section 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is committed through any of the following acts:
x x x x

(i) 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 or access to the woman's child/children.

From the aforequoted Section 5(i), in relation to other sections of RA No. 9262, the elements of the crime are derived as follows:

(1) The offended party is a woman and/or her child or children (In relation to Sec. 3(a), RA 9262);

(2) The woman is either the wife or former wife of the offender, or is a woman with whom the offender has or had a sexual or dating relationship, or is a woman with whom such offender has a common child. As for the woman's child or children, they may be legitimate or illegitimate, or living within or without the family abode;

(3) The offender causes on the woman and/or child mental or emotional anguish; and

(4) The anguish is caused through acts of public ridicule or humiliation, repeated verbal and emotional abuse, denial of financial support or custody of minor children or access to the children or similar such acts or omissions.

Any of the acts enumerated in No. 4 comprise this element and they are a “means” or way of causing mental or emotional anguish, per the definition of “psychological violence” found in Sec. 3(a)(C), id., to wit:

Section 3(a)

x x x x

C. “Psychological violence” refers to acts or omissions causing or 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 right to custody and/or visitation of common children. (Emphasis supplied.)

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