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    Aaa v. BBB Digest

    Uploaded by

    Florence Annang
    CASE DIGEST

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Aaa v. BBB Digest

    Uploaded by

    Florence Annang
    2 views2 pages
    CASE DIGEST

    Original Title

    AAA V. BBB DIGEST

    Copyright

    © © All Rights Reserved

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    CASE DIGEST

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2 views2 pages

    Aaa v. BBB Digest

    Uploaded by

    Florence Annang
    CASE DIGEST

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    AAA V.

    BBB
    FACT:
    AAA filed a case against BBB her husband in violation of RA 9262 or the Anti-Violence
    Against Women and their Children Act of 2004. AAA alleged that BBB sent little to no
    financial support, and only sporadically. There were also allegations of virtual
    abandonment, mistreatment of her and their son, as well as physical and sexual
    violence. Moreover, it is alleged that BBB has an extra marital affair with a Singaporean
    woman Lisel Mok with whom he allegedly has been living in Singapore. the investigating
    prosecutor found sufficient basis to charge BBB with causing AAA mental and
    emotional anguish through his alleged marital infidelity. A warrant of arrest was
    issued against BBB as well as a Hold-Departure Order but BBB continued to evade the
    warrant of arrest. Consequently, the case was archived.
    In 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 in which the RTC ruled in favor of the dismissal of the case
    due to lack of jurisdiction.
    ISSUE:
    WON BBB may be correctly charged for psychological abuse under R.A. No. 9262 in
    the Philippines if the illicit relationship is conducted abroad.
    RULING:
    Yes. R.A. No. 9262 criminalizes not the marital infidelity per se but the psychological
    violence causing mental or emotional suffering on the wife which is an essential and
    distinct element in the commission of the offense. The court emphasized that In Section
    7 of R.A. No. 9262, venue undoubtedly pertains to jurisdiction. It says that, 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 the law
    contemplates is 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. In
    the present scenario, the offended wife and children of respondent husband are
    residents of Pasig City. Hence, the RTC of Pasig City may exercise jurisdiction over the
    case. Thus, even if the alleged extra marital affair causing the offended wife
    mental and emotional anguish is committed abroad, the same does not place a

    ANNANG
    prosecution under R.A. No. 9262 absolutely beyond the reach of Philippine
    courts.

    ANNANG

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