RELATED TOPIC: Application of RA 9262 as to the commission of the cause of mental abuse abroad
FACTS: Petitioner AAA filed a case against respondent BBB pursuant to RA 9262 for allegedly causing her mental and emotional anguish by having an illicit relationship with another woman in Singapore. Sufficient basis was found to charge BBB; thus, a warrant of arrest was issued against him. BBB then filed a Motion to 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 dismissed the case. It held that it had no jurisdiction over the offense charged because it transpired outside its territorial jurisdiction.
ISSUE: Whether or not a complaint for psychological abuse under RA 9262 may be filed within the Philippines if the illicit relationship is conducted abroad.
DECISION: YES. Sec. 7 of RA 9262 provides that the case may be filed where the crime or any of its elements was committed at the option of the complainant. Contrary to RTC’s interpretation, what RA No. 9262 criminalizes is not the marital infidelity per se but the psychological violence causing mental or emotional suffering on the victim.
The mental or emotional suffering of the victim is an essential and distinct element in the commission of the offense. Even if the alleged extra marital affair causing the offended wife mental and emotional anguish is committed abroad, the same can be prosecuted under R.A. 9262 in the Philippine courts. The place where the crime was committed determines not only the venue of the action but is an essential element of jurisdiction.
Read the full case here.
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