SC upholds prison term on philandering husband

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    THE Supreme Court has upheld an eight-year prison sentence imposed by the Las Pinas Regional Trial Court that was later affirmed by the Court of Appeals on a husband who fathered three children with his mistress.

    In a 20-page decision promulgated last September 8, the High Court’s First Division said infidelity or having extramarital affairs is considered a “psychological violence” as it caused mental or emotional pain or suffering and affirmed the court ruling against the accused, a certain Araza.

    “The prosecution has established beyond reasonable doubt that accused Araza committed the crime of psychological violence through his acts of marital infidelity which caused mental or emotional suffering on the part of AAA (wife),” part of the ruling penned by Chief Justice Diosdado Peralta said.

    Concurring with the ruling were Associate Justices Alfredo Benjamin Caguioa, Mario Lopez, Amy Lazaro-Javier and Jose Reyes Jr.

    The ruling denied the petition of Araza seeking a reversal of the appellate court’s decision dated December 17, 2018 that affirmed the October 30, 2017 decision of Branch 199 of the Las Pinas RTC finding him guilty of violating Section 5 (i) of Republic Act 9262 or the Violence Against Women And Their Children Act of 2004.

    The SC said the prosecution was able to “sufficiently alleged and proved” that the accused violated the elements of Section 5 (i) of RA 9262 when he engaged in extramarital affairs and even fathered three children with his mistress in Zamboanga City.

    The SC affirmed the prison term imposed by the lower court on Araza.