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Girlfriend may file case against cheating boyfriend, law dean says

Couples in the “dating” phase of a relationship may also file against “infidelity” violation as they are also covered by the expanded Anti-Violence Against Women and Their Children Act, a law dean has said.

Atty. Soledad Mawis, Dean of the College of Law, Lyceum of the Philippines, told One News Ph on Monday (April 10) about the “possibility” for a girlfriend to file a case against a cheating boyfriend under the law.

According to Mawis, if the infidelity caused psychological abuse toward the person, it could be an element of the violation of the republic act.

Last Mach 23, the Supreme Court (SC) held that marital infidelity falls under the law’s definition of psychological abuse.

Under the provision, an act of violence against women and children meant “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 of access to the woman’s child/children.”

Mawis stressed, however, that girlfriends must be able to prove that cheating boyfriends employed psychological violence to win a case.

“It all boils down to evidence -what evidence do you have? You can only win a case based on evidence. Of course, the skill of a lawyer comes in but that’s secondary. At the end of the day, it’s evidence that will determine whether you win a case or not,” she said.

Mawis also noted that aggrieved women must be able to establish mental or emotional anguish caused by infidelity rather than focusing on cheating itself. RZSP/Expat Media

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