present the testimony of the victim as such experiences are personal to this party. x x x. [32] (Citations omitted and
emphasis ours)
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 victim is an essential and distinct element in the
commission of the offense.
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)
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. 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. 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[.][35]
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 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.