A legal loophole : The implications of AAA v. BBB case in the exercise of courts jurisdiction over the person of the accused / Myrah Mae E. Jumao-as.
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TextPublisher: Cebu City : University of Cebu, 2018Description: v, 98 leaves : illustrationsContent type: text Media type: unmediated Carrier type: volumeSummary: Summary: A Legal Loophole: The implications of AAA v. BBB Case in the Exercise of Courts's Jurisdiction over the Person of Accused
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.
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.
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.
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.
Keywords: criminal law, Anti-VAWC Law, psychological violence, marital infidelity, mental or emotional anguish, territorial jurisdiction, extradition, Cebu City Philippines.
| Item type | Current location | Call number | Status | Date due | Barcode |
|---|---|---|---|---|---|
Thesis
|
Reserved (Law) | T J95le 2018 (Browse shelf) | Not for loan | 3UCBLL00008566 |
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Thesis (Degree of Juris Doctor)-- University of Cebu Banilad, 2018.
Includes references (leaves 76-79).
Summary: A Legal Loophole: The implications of AAA v. BBB Case in the Exercise of Courts's Jurisdiction over the Person of Accused
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.
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.
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.
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.
Keywords: criminal law, Anti-VAWC Law, psychological violence, marital infidelity, mental or emotional anguish, territorial jurisdiction, extradition, Cebu City Philippines.
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