[Private and Confidential]

27 July 2022

Trixie Ayala
Makati City

Dear Ms. Ayala,

Thank you for reaching out last 02 July, 2022.

You mentioned that you and your ex-boyfriend Jayson Herrera went to Hongong
for a Valentines trip last 13 February, 2022. After your dinner, Jayson got drunk and
forced you to have sexual intercourse with him in the hotel room. When you got
home in the Philippines on 16 February, 2022, you described yourself as “tuliro”,
so you immediately went to a doctor for a medical examination, which shows that
you have records of laceration.

This legal opinion seeks to answer your question as to whether you can charge
Jayson with the crime of rape.

Rape is a criminal offense under the Philippine laws. However, one of the general
characteristics of criminal law is territoriality, which means that penal laws of the
Philippines are enforceable only within its territory. That is, the state on whose
territory the crime was committed has jurisdiction of the offense. Furthermore, this
territoriality principle is subject to certain exceptions.

In your case, the alleged rape happened in Hongkong, which is outside of the
Philippines. The exceptions on the principle of territoriality cannot be applied.
Nonetheless, you can still file a case for a violation of “Republic Act No. 9262”, or
otherwise known as the “Anti-Violence Against Women and their Children Act of
2004” against Jayson.

Under Section 3 of R.A. 9262, the crime of violence against women and their
children is committed by means of any acts done by any person against a woman
who is his wife, former wife, or against a woman with whom the person has or had
a sexual or dating relationship, or with whom he has a common child, which result
in or is likely to result in physical violence, sexual violence, psychological harm or
to cause mental or emotional suffering, or economic abuse.

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This law may be applied in your case given that you have a dating relationship with
Jayson. His acts constituted sexual violence and psychological violence as it caused
you mental suffering. These acts of violence against women may manifest
transitory or continuing crimes. Hence, 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. In your case, although the means to commit the
sexual and psychological violence were committed in Hong Kong, the case may be
filed in the court where you reside.

I hope that I was able to answer your queries. Please be reminded that my opinion
is based solely on your narrated facts and may vary when new facts arise.

Thank you!

Very truly yours,

ATTY. YUZLE JAN D. MELAD

Melad & Associates Law Office
Contact #: 0919-087-6545
Email: melad&associateslawoffice@gmail.com.ph

Classified as Confidential. Please do not forward this to unintended users. Otherwise, request necessary permission.