INFIDELITY seems to be a common theme in the Philippines, whether in the latest drama series or in reality; it is sickening that it happens so often that it seems to have been a normal occurrence. All these lies and hiding behind closed doors never last long because they always arise on the surface. Sometimes, they are caught in the act, sometimes with evidence such as screenshots or photos. In the height of social media networks, the instinctive thing to do is post things on the internet, but how much could you really share online? 

     Coming hot in December air and completing the 2024 Philippine bingo card is the cheating of ABS-CBN artists and on-screen love team Maris Racal and Anthony Jennings. These allegations were strengthened by the screenshots of the private messages of the pair which was posted by Jamela Villanueva, Jennings' non-showbiz girlfriend for seven years.

     The issue sparked even more online debate when Atty. Joji Alonso, celebrity lawyer and legal counsel of ABS-CBN Star Magic, posted her legal opinion. According to her post, Jamela may have committed at least two crimes: cyber libel and violation of data privacy. She also states that the charges for Violation Against Women and Children will not prosper since Racal and Jennings were not married to their partners during the said affair. 

      According to Republic Act No. 10175 or the Cybercrime Prevention Act of 2012, section 4 (c)(4), cyber libel refers to the act of publishing defamatory statements against a person or entity through the use of online platforms, such as social media, blogs, or websites. In other words, libel through social media networks. 

     If Villanueva is sued for violating R.A. No. 10175, she could argue the defense of the truth as a justifiable motive. If the defamatory statement against Racal and Jennings' infidelity turned out to be true, then Villanueva's act of posting on Instagram could be justified. However, if it is proved that Racal had no idea that Jennings was in a relationship as she claimed, then the defense of Villanueva shall not prosper. 

     The possible Data Privacy Charges of Villanueva, as stated in Republic Act No. 10173 or the Data Privacy Act of 2012, protects individuals from unauthorized processing, sharing, or dissemination of their personal information. Villanueva may be liable since the screenshots of the conversations also include the unlawful processing and public disclosing of Jennings's and RRacal's personal data without their consent. This matter violates their privacy rights. 

     Another possibility discussed in the online community is Villanueva's possible remedy to claim psychological abuse from the infidelity. But, this cannot prosper because she and Jennings were not married. 

     In the case of Araza v. People, G.R. No. 247429, the Supreme Court upheld that marital infidelity may constitute psychological violence and thus be punishable under Section 5(i) of Republic Act No. 9262 or the Anti-Violence Against Women and Children Act (“Anti-VAWC Act”). The law and the Supreme Court use the word marital, and therefore, there must be a legal relationship between Jennings as husband and Villanueva as wife. Under psychological violence, enumerated among the grounds is marital infidelity; although the Anti-VAWC Act refers to parties in a dating relationship, psychological violence mentions only marital infidelity. 

     These circumstances do not aim to send the message that cheaters win on the legal side of life but rather be a form of awareness that in practicing one's right, one must remember that every person also has their rights. Law and morals could go hand-in-hand or flow like oil and water; there is no in-between. These laws are created to uphold human autonomy and personal freedom; the government does not make laws that would intrinsically control a person's life. At the end of the day, responsibility remains on the shoulders of the person who committed the act. 

     Cheating is in no way, shape, or form the right thing to do. It is not on a case-to-case basis. Regardless of the circumstance and from what angle you look at the facts of the case, cheating is immoral. It destroys families and crushes an individual's worldview in relationships. Thus, even if the law does not punish such an act, the world shall remember, and sin shall be engraved on the persons who commit it. The stain of their sins shall follow and haunt each step they take from this moment.