| 000 -LEADER |
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| fixed length control field |
03372nam a22002657a 4500 |
| 003 - CONTROL NUMBER IDENTIFIER |
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| control field |
OSt |
| 005 - DATE AND TIME OF LATEST TRANSACTION |
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| control field |
20190715094846.0 |
| 008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION |
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| fixed length control field |
190608b xxu||||| |||| 00| 0 eng d |
| 040 ## - CATALOGING SOURCE |
|---|
| Original cataloging agency |
University of Cebu-Banilad |
| Transcribing agency |
University of Cebu-Banilad |
| 100 ## - MAIN ENTRY--PERSONAL NAME |
|---|
| Personal name |
Jumao-as, Myrah Mae E. |
| 245 ## - TITLE STATEMENT |
|---|
| Title |
A legal loophole : |
| Remainder of title |
The implications of AAA v. BBB case in the exercise of courts jurisdiction over the person of the accused / |
| Statement of responsibility, etc |
Myrah Mae E. Jumao-as. |
| 260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT) |
|---|
| Place of publication, distribution, etc |
Cebu City : |
| Name of publisher, distributor, etc |
University of Cebu, |
| Date of publication, distribution, etc |
2018. |
| 300 ## - PHYSICAL DESCRIPTION |
|---|
| Extent |
v, 98 leaves : |
| Other physical details |
illustrations ; |
| 336 ## - CONTENT TYPE |
|---|
| Source |
rdacontent |
| Content type term |
text |
| 337 ## - MEDIA TYPE |
|---|
| Source |
rdamedia |
| Media type term |
unmediated |
| 338 ## - CARRIER TYPE |
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| Source |
rdacarrier |
| Carrier type |
volume |
| 501 ## - WITH NOTE |
|---|
| With note |
Thesis (Degree of Juris Doctor)-- University of Cebu Banilad, 2018. |
| 504 ## - BIBLIOGRAPHY, ETC. NOTE |
|---|
| Bibliography, etc |
Includes references (leaves 76-79). |
| 520 ## - SUMMARY, ETC. |
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| Summary, etc |
Summary: A Legal Loophole: The implications of AAA v. BBB Case in the Exercise of Courts's Jurisdiction over the Person of Accused<br/><br/>The Anti- VAWC Law is silent concerning the nature of psychological violence, and its jurisdictional application relating to the leading cases of AAA v. BBB. The study seeks to explore the legal implications of the above mentioned case, and determine whether the forms and acts of violence against women constitute as transitory or continuing crimes, for the court to validly exercise jurisdiction based on mental or emotional anguish suffered by the woman victim. The study also seeks to determine whether the Anti-VAWC Law needs to be amended to meet current societal or jurisdictional problems.<br/><br/>In doing so, the study utilized the qualitative research design with the use of document and thematic analysis. A self-made interview guide was used to solicit perceptions and suggestions from the key informants, and analyze secondary sources such as, relevant laws , jurisprudence, conventions, and related literature and studies.<br/><br/>The study found out that among the forms and acts of violence, psychological and economic violence are offenses that manifest as transitory or continuing crimes. Quintessentially the mental or emotional anguish suffered by the wife likewise constitute as a transitory or continuing offense as it falls within the ambit of psychological violence. Moreover, the study found out that there is no remedy as against the criminal act of marital infidelity committed abroad since it is outside the territorial jurisdiction of the court. The court in AAA v. BBB merely exercised the principle of objective territoriality based on the psychological effects sustained by the victim wife, as justification for them to exercise jurisdiction over the subject matter of the case. However, it does not rule upon on how to acquire jurisdiction over the person of the accused considering that he is residing abroad.<br/><br/>Thus, it is recommended that the Anti-VAWC Law should be amended to include a provision on Extradition, and making the forms and acts of violence against women and their children as extraditable offenses. In this way, successful conviction is attainable.<br/><br/>Keywords: criminal law, Anti-VAWC Law, psychological violence, marital infidelity, mental or emotional anguish, territorial jurisdiction, extradition, Cebu City Philippines. |
| 541 ## - IMMEDIATE SOURCE OF ACQUISITION NOTE |
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| Deans/Chairperson |
|
| Department |
Law |
| Subject Category |
Law |
| 546 ## - LANGUAGE NOTE |
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| Language note |
English |
| 942 ## - ADDED ENTRY ELEMENTS (KOHA) |
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| Source of classification or shelving scheme |
|
| Type of record |
Thesis |
| 998 ## - LOCAL CONTROL INFORMATION (RLIN) |
|---|
| Encoded by |
janine[new] |
| Date encoded |
06/08/2019 |
