Case On RA 9262 A Transitory Offense

Section 7 of RA 9262, otherwise known as the “Anti-Violence Against
Women and Their Children Act of 2004
“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” (Underscoring supplied).
In the case of Isip vs People (GR 170298, June 26, 2007), penned by
Associate Justice Minita Chico Nazario, the Supreme Court explained the
general rule that in criminal action the venue is jurisdictional, thus:
“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. xxx”
Additionally, in AAA vs BBB (GR 212448, Jan. 11, 2018), the Supreme
Court, through Associate Justice Noel Tijam, pronounced:
“To establish psychological violence as an element of the crime (RA 9262),

it is necessary to show proof of commission of any of the acts enumerated
in Section 5(i) or similar such acts. And to establish mental or emotional
anguish, it is necessary to present the testimony of the victim as such
experiences are personal to this party. Xxx
“What RA 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 victim is an essential and distinct element in the commission of the
offense.
“In transitory or continuing offenses in which some acts material and

essential to the crime and requisite to its consummation occur in one
province and some in another, the court of either province has jurisdiction
to try the case, it being understood that the first court taking cognizance of
the case will exclude the others.
“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” (Underscoring
supplied).
Applying the foregoing to your situation, it is clear that your mother may
file a criminal complaint for violation of Section 5 (i) of RA 9262 (acts
“causing mental or emotional anguish, public ridicule or humiliation to the
woman or her children xxx”) in the Philippine courts even if the offender
committed the act/s constituting psychological violence outside the
Philippines because acts of violence against women and their children
under RA 9262 is a transitory or continuing crime
The theory is that a person charged with a transitory offense may be tried
in any jurisdiction where the offense is in part committed. In transitory or
continuing offenses in which some acts material and essential to the crime
and requisite to its consummation occur in one province and some in
another, the court of either province has jurisdiction to try the case, it being
understood that the first court taking cognizance of the case will exclude
the others (4 Moran’s Comments on the Rules of Court, 1970 Ed., pp. 61-
62).
In Section 7 of R.A. No. 9262, venue undoubtedly pertains to jurisdiction.

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. Which 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. The resulting mental or emotional anguish
is analogous to the indispensable element of damage in a prosecution for
estafa, viz:
The circumstance that the deceitful manipulations or false pretenses

employed by the accused, as shown in the vouchers, might have been
perpetrated in Quezon City does not preclude the institution of the
criminal action in Mandaluyong where the damage was consummated.
Deceit and damage are the basic elements of estafa. The estafa involved in
this case appears to be a transitory or continuing offense. It could be filed
either in Quezon City or in Rizal. The theory is that a person charged with
a transitory offense may be tried in any jurisdiction where the offense is in
part committed. In transitory or continuing offenses in which some acts
material and essential to the crime and requisite to its consummation occur
in one province and some in another, the court of either province has
jurisdiction to try the case, it being understood that the first court taking
cognizance of the case will exclude the others x x x, Tuzon v. Judge Cruz,
160 Phil. 925, 929 (1975).
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,
Morillo v. People, supra note 17, at 206.

Case On RA 9262 A Transitory Offense

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Section 7 of RA 9262, otherwise known as the “Anti-Violence Against

Women and Their Children Act of 2004

“Venue. — The Regional Trial Court designated as a Family Court shall

“To establish psychological violence as an element of the crime (RA 9262),

“What RA 9262 criminalizes is not the marital infidelity per se but the

“In transitory or continuing offenses in which some acts material and

“What may be gleaned from Section 7 of RA 9262 is that the law

In Section 7 of R.A. No. 9262, venue undoubtedly pertains to jurisdiction.

The circumstance that the deceitful manipulations or false pretenses

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