Transitory crimes

Dear Atty. Maan,

My brother-in-law had an extra-marital affair abroad with a married co-worker. Can my sister file a case for psychological violence under RA 9262 (VAWC) in the Philippines even though the infidelity occurred overseas?

Carla

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Dear Carla,

In the case of AAA vs BBB, G.R. No. 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 abroad 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.

Hope this helps.

Atty. Mary Antonnette Baudi