G.R. No. 212448, January 11, 2018 - VAWC - Marital Infidelity Committed Abroad Complaint Can Be Filed in Phils
G.R. No. 212448, January 11, 2018 - VAWC - Marital Infidelity Committed Abroad Complaint Can Be Filed in Phils
G.R. No. 212448, January 11, 2018 - VAWC - Marital Infidelity Committed Abroad Complaint Can Be Filed in Phils
FIRST DIVISION
DECISION
TIJAM, J.:
May Philippine courts exercise jurisdiction over an offense constituting psychological violence
under Republic Act (R.A.) No. 9262,[1] otherwise known as the Anti-Violence Against Women
and their Children Act of 2004, committed through marital infidelity, when the alleged illicit
relationship occurred or is occurring outside the country?
The above question is addressed to this Court in the present Petition[2] for the issuance of a
writ of certiorari under Rule 45 of the Rules of Court, to nullify the Resolutions dated
February 24, 2014[3] and May 2, 2014[4] of the Regional Trial Court (RTC) of Pasig City,
Branch 158, in Criminal Case No. 146468. The assailed resolutions granted the motion to
quash the Information[5] which charged respondent BBB under Section 5(i) of R.A. No.
9262, committed as follows:
On or about April 19, 2011, in Pasig City, and within the jurisdiction of this
Honorable Court, [BBB], being then legally married to [AAA], caused herein
[AAA] mental and emotional anguish by having an illicit relationship with a
certain Lisel Mok as confirmed by his photograph with his purported paramour
Lisel Mok and her children and the e-mailed letter by his mother mentioning
about the said relationship, to the damage and prejudice of [AAA], in violation of
the aforecited law.
Contrary to law.
Petitioner AAA and BBB were married on August 1, 2006 in Quezon City. Their union
produced two children: CCC was born on March 4, 2007 and DDD on October 1, 2009.[6]
In May of 2007, BBB started working in Singapore as a chef, where he acquired permanent
resident status in September of 2008. This petition nonetheless indicates his address to be in
Quezon City where his parents reside and where AAA also resided from the time they were
married until March of 2010, when AAA and their children moved back to her parents' house
in Pasig City.[7]
AAA claimed, albeit not reflected in the Information, that BBB sent little to no financial
support, and only sporadically. This allegedly compelled her to fly extra hours and take on
additional jobs to augment her income as a flight attendant. 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.[8] As can be gathered from the
earlier cited Information, despite the claims of varied forms of abuses, the investigating
prosecutor found sufficient basis to charge BBB with causing AAA mental and emotional
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The Information having been filed, a warrant of arrest was issued against BBB. AAA was also
able to secure a Hold-Departure Order against BBB who continued to evade the warrant of
arrest. Consequently, the case was archived. [10]
On November 6, 2013, an Entry of Appearance as Counsel for the Accused With Omnibus
Motion to Revive Case, Quash Information, Lift Hold Departure Order and Warrant of
Arrest[11] was filed on behalf of BBB. Granting the motion to quash on the ground of lack of
jurisdiction and thereby dismissing the case, the trial court reasoned:
Here, while the Court maintains its 28 October 2011 ruling that probable cause
exists in this case and that [BBB] is probably guilty of the crime charged,
considering, however, his subsequent clear showing that the acts complained of
him had occurred in Singapore, dismissal of this case is proper since the Court
enjoys no jurisdiction over the offense charged, it having transpired outside the
territorial jurisdiction of this Court.
xxxx
The Court is not convinced by the prosecution's argument that since [AAA] has
been suffering from mental and emotional anguish "wherever she goes",
jurisdiction over the offense attaches to this Court notwithstanding that the acts
resulting in said suffering had happened outside of the Philippines. To the mind of
the Court, with it noting that there is still as yet no jurisprudence on this score
considering that Republic Act 9262 is relatively a new law, the act itself which
had caused a woman to suffer mental or emotional anguish must have occurred
within the territorial limits of the Court for it to enjoy jurisdiction over the
offense. This amply explains the use of the emphatic word "causing" in the
provisions of Section 5(i), above, which denotes the bringing about or into
existence of something. Hence, the mental or emotional anguish suffered by a
woman must have been brought about or into existence by a criminal act which
must logically have occurred within the territorial limits of the Court for
jurisdiction over the offense to attach to it. To rule otherwise would violate or
render nugatory one of the basic characteristics of our criminal laws -
territoriality.
In the listing provided in the law itself - "repeated verbal and emotional abuse,
and denial of financial support or custody of minor children of (sic) access to the
woman's child/children"- it becomes clear that there must be an act which causes
the "mental or emotional anguish, public ridicule or humiliation", and it is such
act which partakes of a criminal nature. Here, such act was the alleged
maintenance of "an illicit relationship with a certain Liesel Mok" which has been
conceded to have been committed in Singapore.
Aggrieved by the denial of the prosecution’s motion for reconsideration of the dismissal of
the case, AAA sought direct recourse to this Court via the instant petition on a pure question
of law. AAA posits that R.A. No. 9262 is in danger of becoming transmogrified into a weak,
wobbly, and worthless law because with the court a quo's ruling, it is as if husbands of
Filipino women have been given license to enter into extra-marital affairs without fear of any
consequence, as long as they are carried out abroad. In the main, AAA argues that mental
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and emotional anguish is an essential element of the offense charged against BBB, which is
experienced by her wherever she goes, and not only in Singapore where the extra-marital
affair takes place; thus, the RTC of Pasig City where she resides can take cognizance of the
case.
In support of her theory, AAA draws attention to Section 7 of R.A. No. 9262, which provides:
Sec. 7. Venue - The Regional Trial Court designated as a Family Court shall have
original and exclusive jurisdiction over cases of violence against women and their
children under this law. In the absence of such court in the place where the
offense was committed, the case shall be filed in the Regional Trial Court where
the crime or any of its elements was committed at the option of the
complainant. (Emphasis ours)
As to the ambiguity in the law hypothetically referred to in the assailed order, AAA directs us
to:
In his Comment[13] filed on January 20, 2015, BBB contends that the grant of the motion to
quash is in effect an acquittal; that only the civil aspect of a criminal case may be appealed
by the private offended party; and. that this petition should be dismissed outright for having
been brought before this Court by AAA instead of the Office of the Solicitor General (OSG) as
counsel for the People in appellate proceedings. BBB furthermore avers that the petition was
belatedly filed.
We tackle first the threshold issue of whether or not this Court should entertain the petition.
It must be stated beforehand that BBB is plainly mistaken in asserting that the instant
petition was belatedly filed. The date erroneously perceived by BBB as the date of AAA's
Motion for Extension[14] was filed - June 2, 2014 - refers to the date of receipt by the
Division Clerk of Court and not the date when the said motion was lodged before this Court.
The motion was in fact filed on May 27, 2014, well within the period that AAA had under the
Rules of Court to file the intended petition. Thus, considering the timeliness of the motion,
this Court in a Resolution[15] dated June 9, 2014, granted AAA an additional period of thirty
(30) days or until June 26, 2014 to file a petition for review.
In AAA's motion for extension of time, it was mentioned that she was awaiting the OSG's
response to her Letter[16] dated May 26, 2014 requesting for representation. Since, the OSG
was unresponsive to her plea for assistance in filing the intended petition, AAA filed the
present petition in her own name before the lapse of the extension given her by this Court or
on June 25, 2014.
We find that under the circumstances, the ends of substantial justice will be better served by
entertaining the petition if only to resolve the question of law lodged before this Court. In
Morillo v. People of the Philippines, et al.,[17] where the Court entertained a Rule 45 petition
which raised only a question of law filed by the private offended party in the absence of the
OSG's participation, we recalled the instances when the Court permitted an offended party to
file an appeal without the intervention of the OSG. One such instance is when the interest of
substantial justice so requires.[18]
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The grant of BBB's motion to quash may not therefore be viewed as an acquittal, which in
limited instances may only be repudiated by a petition for certiorari under Rule 65 upon
showing grave abuse of discretion lest the accused would be twice placed in jeopardy.[21]
Indubitably, "the Rules do not prohibit any of the parties from filing a Rule 45 Petition with
this Court, in case only questions of law are raised or involved."[22] "There is a question of
law when the issue does not call for an examination of the probative value of the evidence
presented or of the truth or falsehood of the facts being admitted, and the doubt concerns
the correct application of law and jurisprudence on the matter."[23]
Further, the question of whether or not the RTC has jurisdiction in view of the peculiar
provisions of R.A. No. 9262 is a question of law. Thus, in Morillo,[24] the Court reiterated
that:
We are not called upon in this case to determine the truth or falsity of the charge against
BBB, much less weigh the evidence, especially as the case had not even proceeded to a full-
blown trial on the merits. The issue for resolution concerns the correct application of law and
jurisprudence on a given set of circumstances, i.e., whether or not Philippine courts are
deprived of territorial jurisdiction over a criminal charge of psychological abuse under R.A.
No. 9262 when committed through marital infidelity and the alleged illicit relationship took
place outside the Philippines.
The novelty of the issue was even recognized by the RTC when it opined that there is still as
yet no jurisprudence on this score, prompting it to quash the Information even as it
maintained its earlier October 28, 2011 ruling that probable cause exists in the case.[26]
Calling the attention of Congress to the arguments on jurisdiction spawned by the law,[27]
the RTC furnished copies of the assailed order to the House of Representatives and the
Philippine Senate through the Committee on Youth, Women and Public Relations, as well as
the Committee on Justice and Human Rights.[28]
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The issue acquires special significance when viewed against the present economic reality
that a great number of Filipino families have at least one parent working overseas. In April to
September 2016, the number of overseas Filipino workers who worked abroad was
estimated at 2.2 million, 97.5 percent of which were comprised of overseas contract workers
or those with existing work contract; while 2.5 percent worked overseas without contract.
[29] It is thus necessary to clarify how R.A. No. 9262 should be applied in a question of
territorial jurisdiction over a case of psychological abuse brought against the husband when
such is allegedly caused by marital infidelity carried on abroad.
"Physical violence is only the most visible form of abuse. Psychological abuse, particularly
forced social and economic isolation of women, is also common."[30] In this regard, Section
3 of R.A. No. 9262 made it a point to encompass in a non-limiting manner the various forms
of violence that may be committed against women and their children:
(a) "Violence against women and their children" refers to any act or a series of
acts committed by any person against a woman who is his wife, former wife, or
against a woman with whom the person has or had a sexual or dating
relationship, or with whom he has a common child, or against her child whether
legitimate or illegitimate, within or without the family abode, which result in or
is likely to result in physical, sexual, psychological harm or suffering, or
economic abuse including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. It includes, but is not limited to,
the following acts:
xxxx
xxxx
As jurisdiction of a court over the criminal ease is determined by the allegations in the
complaint or information, threshing out the essential elements of psychological abuse under
R.A. No. 9262 is crucial. In Dinamling v. People,[31] this Court already had occasion to
enumerate the elements of psychological violence under Section 5(i) of R.A. No. 9262, as
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follows:
Section 5. Acts of Violence Against Women and Their Children. - The crime of
violence against women and their children is committed through any of the
following acts:
xxxx
From the aforequoted Section 5(i), in relation to other sections of R[.]A[.] No.
9262, the elements of the crime are derived as follows:
(2) The woman is either the wife or former wife of the offender, or is a woman
with whom the offender has or had a sexual or dating relationship, or is a
woman with whom such offender has a common child. As for the woman's
child or children, they may be legitimate or illegitimate, or living within or
without the family abode;
xxxx
xxxx
Contrary to the interpretation of the RTC, what R.A. No. 9262 criminalizes is not the marital
infidelity per se but the psychological violence causing mental or emotional suffering on the
wife. Otherwise stated, it is the violence inflicted under the said circumstances that the law
seeks to outlaw. Marital infidelity as cited in the law is only one of the various acts by which
psychological violence may be committed. Moreover, depending on the circumstances of the
spouses and for a myriad of reasons, the illicit relationship may or may not even be causing
mental or emotional anguish on the wife. Thus, the mental or emotional suffering of the
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In criminal cases, venue is jurisdictional. Thus, in Treñas v. People,[33] the Court explained
that:
The place where the crime was committed determines not only the venue
of the action but is an essential element of jurisdiction. It is a fundamental
rule that for jurisdiction to be acquired by courts in criminal cases, the offense
should have been committed or any one of its essential ingredients should have
taken place within the territorial jurisdiction of the court. Territorial jurisdiction in
criminal cases is the territory where the court has jurisdiction to take cognizance
or to try the offense allegedly committed therein by the accused. Thus, it cannot
take jurisdiction over a person charged with an offense allegedly committed
outside of that limited territory. Furthermore, the jurisdiction of a court over
the criminal case is determined by the allegations in the complaint or
information. And once it is so shown, the court may validly take cognizance of
the case. However, if the evidence adduced during the trial shows that
the offense was committed somewhere else, the court should dismiss the
action for want of jurisdiction.[34] (Emphasis in the original)
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; 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 any of the crime's essential and material acts have been committed
maintains jurisdiction to try the case; it being understood that the first court taking
cognizance of the same excludes the other. 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.[36]
It is necessary, for Philippine courts to have jurisdiction when the abusive conduct or act of
violence under Section 5(i) of R.A. No. 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. In
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the present scenario, the offended wife and children of respondent husband are residents of
Pasig City since March of 2010. Hence, the RTC of Pasig City may exercise jurisdiction over
the case.
Certainly, the act causing psychological violence which under the information relates to BBB's
marital infidelity must be proven by probable cause for the purpose of formally charging the
husband, and to establish the same beyond reasonable doubt for purposes of conviction. It
likewise remains imperative to acquire jurisdiction over the husband. What this case
concerns itself is simply whether or not a complaint for psychological abuse under R.A. No.
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 R.A.
No. 9262 absolutely beyond the reach of Philippine courts.
IN VIEW OF THE FOREGOING, the petition is GRANTED. The Resolutions dated February
24, 2014 and May 2, 2014 of the Regional Trial Court of Pasig City, Branch 158, in Criminal
Case No. 146468 are SET ASIDE. Accordingly, the Information filed in Criminal Case No.
146468 is ordered REINSTATED.
SO ORDERED.
Sereno, C.J., (Chairperson), Leonardo-De Castro, Del Castillo, and Jardeleza, JJ., concur.
[*] Section 44 of Republic Act No. 9262 (Anti Violence Against Women and Their Children Act
of 2004) requires the confidentiality of all records pertaining to cases of violence against
women and their children. Per said section, all public officers and employees are prohibited
from publishing or causing to be published in any format the name and other identifying
information of a victim or an immediate family member. The penalty of one (1) year
imprisonment and a fine of not more than Five Hundred Thousand pesos (P500,000.00) shall
be imposed upon those who violate the provision. Pursuant thereto, in the courts'
promulgation of decisions, final resolutions and/or final orders, the names of women and
children victims shall be replaced by fictitious initials, and their personal circumstances or
any information, which tend to identify them, shall likewise not be disclosed.
[1] AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR
[3] Rendered by Presiding Judge Maria Rowena Modesto-San Pedro; id. at 49-52.
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[20] Id. at 212, citing People v. Salico, 84 Phil. 722, 732-733 (1949).
[22] Del Socorro v. Van Wilsem, 749 Phil. 823,832 (2014), citing Rep. of the Phils., et al. v.
[34] Id. at 380, citing Isip v. People, 552 Phil. 786, 801-802 (2007).
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