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AAA v. BBB (G.R. No. 212448) Case Digest

Case answering whether a complaint for psychological abuse under R.A. No. 9262 (VAWC) may be filed within the Philippines if the illicit relationship is conducted abroad.

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11K views2 pages

AAA v. BBB (G.R. No. 212448) Case Digest

Case answering whether a complaint for psychological abuse under R.A. No. 9262 (VAWC) may be filed within the Philippines if the illicit relationship is conducted abroad.

Uploaded by

Katrina Perez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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AAA v. BBB, G.R. No. 212448, JANUARY 11, 2018.

TIJAM, J.:
FACTS:
Petitioner AAA and BBB were married on August 1, 2006 in Quezon City. Their union
produced two children: CCC and DDD. In May of 2007, BBB started working in
Singapore as a chef, where he acquired permanent resident status in September of
2008.
AAA claimed that BBB sent little to no financial support, and only sporadically. There
were also allegations of virtual abandonment, mistreatment of her and their son CCC,
and physical and sexual violence. To make matters worse, BBB supposedly started
having an affair with a Singaporean woman named Lisel Mok with whom he allegedly
has been living in Singapore. Things came to a head on April 19, 2011 when AAA and
BBB had a violent altercation at a hotel room in Singapore during her visit with their
kids.
The investigating prosecutor found sufficient basis to charge BBB with causing AAA
mental and emotional anguish through his alleged marital infidelity. Accordingly, an
Information was filed against BBB for violation of Section 5(i) of R.A. No. 9262.
On November 6, 2013, counsel of accused filed on behalf of BBB an Omnibus Motion
to Revive Case, Quash Information, Lift Hold Departure Order and Warrant of Arrest.
The RTC granted the motion to quash on the ground of lack of jurisdiction and thereby
dismissed the case. The RTC ruled that since BBB’s acts complained of had occurred
in Singapore, said Court enjoys no jurisdiction over the offense charged, it having
transpired outside the territorial jurisdiction of this Court.

ISSUE:
Whether or not a complaint for psychological abuse under R.A. No. 9262 may be filed
within the Philippines if the illicit relationship is conducted abroad.

HELD:
YES.
In Section 7 of R.A. No. 9262, venue undoubtedly pertains to jurisdiction. As correctly
pointed out by AAA, Section 7 provides that the case may be filed where the crime or
any of its elements was committed at the option of the complainant. While the
psychological violence as the means employed by the perpetrator is certainly an
indispensable element of the offense, equally essential also is the element of mental or
emotional anguish which is personal to the complainant.
What may be gleaned from Section 7 of R.A. No. 9262 is that the law contemplates
that acts of violence against women and their children may manifest as transitory or
continuing crimes; x x x Thus, a person charged with a continuing or transitory crime
may be validly tried in any municipality or territory where the offense was in part
committed.
We say that even if the alleged extra marital affair causing the offended wife mental
and emotional anguish is committed abroad, the same does not place a prosecution
under R.A. No. 9262 absolutely beyond the reach of Philippine courts.

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