Arguments between couples can sometimes involve angry messages, hurtful words, or even threats. But does every act of harassment during a troubled relationship automatically constitute psychological violence under RA 9262? In a recent case involving VAWC, the Supreme Court clarified that harassment alone is not enough for a criminal conviction. The prosecution must also prove that the victim suffered substantial emotional or psychological distress and that the accused acted with the mental state specifically required by law.
In the case of XXX263779 v. People of the Philippines, G.R. No. 263779, December 3, 2025, the accused was charged under Section 5(h) of RA 9262, or the Anti-Violence Against Women and Their Children Act. He allegedly sent threatening text messages to his girlfriend, including statements threatening to kill her. The Regional Trial Court convicted him, and the Court of Appeals affirmed the conviction.
The Supreme Court, however, reached a different conclusion and acquitted him.
When Does Harassment Become Psychological Violence?
Section 3(c) of RA 9262 includes intimidation, harassment, stalking, public ridicule, humiliation, and repeated verbal abuse among acts that may constitute psychological violence. Section 5(h), meanwhile, punishes purposeful, knowing, or reckless conduct that alarms or causes substantial emotional or psychological distress to a woman or her child.
The Supreme Court identified four elements that must be proven beyond reasonable doubt in cases involving harassment under Section 5(h):
- The offender has or had a sexual or dating relationship with the woman;
- The offender commits an act or series of acts of harassment;
- The harassment alarms or causes substantial emotional or psychological distress; and
- The offender acted purposefully, knowingly, or recklessly with respect to causing such alarm or substantial distress.
This fourth requirement is particularly significant because the Court expressly recognized the required mental state as an element of the offense.
Threatening Messages May Constitute Harassment, But It Will Not Automatically Result to Conviction
The Court found that the accused's threatening text messages constituted harassment. It explained that even a single act may qualify as harassment under RA 9262. Threatening, demeaning, or offensive messages sent through text messages may therefore fall within the protection of the law.
However, proving harassment is different from proving all the elements of criminal psychological violence.
The Court found the complainant's testimony insufficient to establish the substantial emotional or psychological distress required by Section 5(h). Although she testified that she was afraid because of the threats, the Court found the evidence wanting as to substantial distress resulting from the particular text messages charged in the Information.
The Accused's Mental State Must Also Be Proven
The Supreme Court likewise found that the prosecution failed to establish the fourth element. It emphasized that purposeful, knowing, or reckless conduct cannot simply be assumed.
According to the Court, the angry tone of the messages did not automatically prove that they were sent with the specific intent to cause substantial emotional or psychological distress. The surrounding circumstances must be considered, including the parties' relationship, their conduct before and after the incident, and the recipient's reaction.
The Court ultimately concluded that the prosecution failed to prove all the elements of the offense beyond reasonable doubt and ordered the accused's acquittal.
The ruling provides an important clarification on VAWC cases. RA 9262 provides strong protection against psychological abuse and harassment, but not every unpleasant argument, offensive message, or romantic dispute automatically results in criminal liability. Each element of psychological violence must still be established beyond reasonable doubt based on the evidence and circumstances of the particular case.
Facing a VAWC Case?
Whether you are seeking protection from psychological violence or defending against a criminal complaint involving harassment or VAWC, proper legal advice is essential. Cunanan Law Office handles criminal and family law matters involving RA 9262 and related offenses in Tarlac, Pampanga, and nearby provinces.
For legal assistance, contact Cunanan Law Office at (+63) 968 679 6617 or email inquiries@mpeclaw.com.