Dear Atty. Chris,

My brother-in-law, had an extra-marital affair abroad with his Filipina co-worker who is also married. Now, my sister wants to file a case for psychological violence on the ground of marital infidelity under VAWC or RA 9262.

However, she is worried that since the marital infidelity happened abroad, the Philippine courts will have no jurisdiction over the case. Is it still possible for my sister to file a case even if the acts of infidelity were committed abroad?

Jocelyn

Dear Jocelyn,

In the case of AAA vs. BBB, G.R. 212448, 11 January 2018 the Supreme Court ruled: "What may be gleaned from Section 7 of RA 9262 is that the law contemplates that acts of violence against women and their children may manifest as transitory or continuing crimes; meaning that some acts material and essential thereto and requisite in their consummation occur in one municipality or territory, while some occur in another. In such cases, the court wherein the any of the crime's essential and material acts have been committed maintains jurisdiction to try the case. Xxx 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.

"It is necessary, for Philippine courts to have jurisdiction when the abusive conduct or act of violence under Section 5(i) of RA 9262 in relation to Section 3(a), Paragraph (C) was committed outside Philippine territory, that the victim be a resident of the place where the complaint is filed in view of the anguish suffered being a material element of the offense.               

"What this case concerns itself is simply whether or not a complaint for psychological abuse under RA 9262 may even be filed within the Philippines if the illicit relationship is conducted abroad. 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 RA 9262 absolutely beyond the reach of Philippine courts."

In view of the foregoing, the fact that the illicit affair of your brother-in-law was committed in Dubai does not divest our courts jurisdiction over the case. The mental and emotional anguish, a material element in this case, can be still suffered by the offended party even they were miles apart. As such, if the offended wife and children (if any) who suffered mental or emotional anguish due to the illicit affair are residents of Manila, then the RTC of Manila may exercise jurisdiction over the case.