31 January 2018

Ms. Pia Wurtzbach-Stockinger

Purok 1, Block 2, Lot 3
Southville 4, Muntinlupa City

Dear Ms. Pia Wurtzbach-Stockinger:

Here is the opinion that you requested. The facts are and
discussion of the law are presented in the next succeeding
paragraphs.

You and Mr. Marlon Stockinger had been legally married and
have five minor children who are all in your custody. Based on the
letter that you sent to me, Marlon has committed and is liable for
physical, sexual and psychological violence, and economic abuse as
defined and punished under Republic Act No. 9262 or also known as
the "Anti-Violence Against Women and Their Children Act of 2004."
Legal remedies are available to you as the offended wife, particularly:
1) Application for Temporary or Permanent Protection Order; 2)
Criminal and Civil actions for the violation of R.A. No. 9262; and 3)
Civil action for Legal Separation.

To further elaborate on this, the crime violence against women

and their children, under Sec. 3(a) of the aforementioned law, is
defined as:
SECTION 3. Definition of Terms.
(a) "Violence against women and their children" refers to any
act or a series of acts committed 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, or against her child whether
legitimate or illegitimate, within or without the family abode,
which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse including
threats of such acts, battery, assault, coercion, harassment or
arbitrary deprivation of liberty. . . x x x

Marlon has committed and is liable for “physical violence”

against you as defined under Sec. 3(a)(A) and penalized under Sec.
5(a) of R.A. No. 9262 on the following occasions:1) when he got
home mad and for no reason, he punched you in the face which
resulted to you having a broken nose and losing five of your teeth; 2)
when the punching frequently happened; and 3) when he once burnt
your arm using a flat iron which left a scar.

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 Under Sec. 3(a)(A) of the said law, physical violence is defined
as:
SECTION 3. Definition of Terms.
(a) x x x
A. "Physical Violence" refers to acts that include bodily or
physical harm;
x x x

Physical violence is also one of the acts which constitute the

crime of violence against women and their children, specifically, with
respect to your case, under Sec. 5(a) of the said law:
SECTION 5. Acts of Violence Against Women and Their
Children. . . x x x
(a) Causing physical harm to the woman or her child;
x x x

Marlon has also committed and is liable for “sexual violence”

against you, as defined under Sec. 3(a)(B)(a) and (b) and penalized
under Sec. 5(e) and (f) of R.A. No. 9262, on the following situations:
1) when he had been forcing you to have sex with him; 2) when he
had been violent to you whenever he desired to have sex with you; 3)
when he had been spitting on your face, cursing you and calling you
names such as “puta,” “parausan,” “sawsawan ng bayan,” etc. during
the violent sexual act

Under Sec. 3(a)(B)(a) of the said law, sexual violence is defined

as:
SECTION 3. Definition of Terms.
(a) x x x
B. "Sexual violence" refers to an act which is sexual in nature,
committed against a woman or her child. It includes, but is not
limited to:
a) Rape, sexual harassment, acts of lasciviousness, treating
a woman or her child as a sex object, making demeaning
and sexually suggestive remark. . .x x x
b) Acts causing or attempting to cause the victim to engage
in any sexual activity by force, threat of force, physical or
other harm or threat of physical or other harm or coercion;
x x x

Sexual violence is also one of the acts which constitute the

crime of violence against women and their children, specifically, with
respect to your case, under Sec. 5(e), (f) and (g) of the said law:
SECTION 5. Acts of Violence Against Women and Their
Children. . . x x x
(e) Attempting to compel or compelling the woman or her child
to engage in conduct which the woman or her child has the right

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 to desist from or desist from conduct which the woman or her
child has the right to engage in, or attempting to restrict or
restricting the woman's or her child's freedom of movement or
conduct by force or threat of force, physical or other harm or
threat of physical or other harm, or intimidation directed against
the woman or child. . .
x x x
(f) Inflicting or threatening to inflict physical harm on oneself for
the purpose of controlling her actions or decisions;
(g) Causing or attempting to cause the woman or her child to
engage in any sexual activity which does not constitute rape, by
force or threat of force, physical harm, or through intimidation
directed against the woman or her child or her/his immediate
family;
x x x

Marlon has committed and is liable for “economic abuse” as

defined under Sec. 3(a)(D) and penalized under Sec. 5(e)(2), (3) and
(4) of R.A. No. 9262 during the following events: 1) when he did not
send you financial support whatsoever, since he left to work in Saudi
Arabia and as required by law, which eventually led to the unfortunate
fact that your children had to stop attending school and, later, made
you suffer from extreme hunger; and 2) when he prevented you from
seeking employment, making you financially incapable and
dependent on him.

Under Sec. 3(a)(D) of the said law, economic abuse is defined

as:
SECTION 3. Definition of Terms.- As used in this Act:
(a) x x x
D. "Economic abuse" refers to acts that make or attempt to
make a woman financially dependent which includes, but is not
limited to the following:

1. Withdrawal of financial support or preventing the victim from

engaging in any legitimate profession, occupation, business or
activity, except in cases wherein the other spouse/partner
objects on valid, serious and moral grounds as defined in Article
73 of the Family Code;

2. Deprivation or threat of deprivation of financial resources and

the right to the use and enjoyment of the conjugal, community
or property owned in common;
x x x

Economic abuse is one of the acts which constitute the crime of

violence against women and their children under the said law,
specifically , with respect to your case, Sec. 5(e)(2), (3) and (4):

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 SECTION 5. Acts of Violence Against Women and Their
Children.- The crime of violence against women and their
children is committed through any of the following acts:
x x x

(e) Attempting to compel or compelling the woman or her child

to engage in conduct which the woman or her child has the right
to desist from or desist from conduct which the woman or her
child has the right to engage in, or attempting to restrict or
restricting the woman's or her child's freedom of movement or
conduct by force or threat of force, physical or other harm or
threat of physical or other harm, or intimidation directed against
the woman or child. This shall include, but not limited to, the
following acts committed with the purpose or effect of controlling
or restricting the woman's or her child's movement or conduct:
x x x
(2) Depriving or threatening to deprive the woman or her
children of financial support legally due her or her family, or
deliberately providing the woman's children insufficient
financial support;
(3) Depriving or threatening to deprive the woman or her
child of a legal right; and
(4) Preventing the woman in engaging in any legitimate
profession, occupation, business or activity
x x x

Lastly, Marlon has committed and is liable for “psychological

violence” against you, as defined under Sec. 3(a)(C) and penalized
under Sec. 5(h)(4) and (i) of R.A. No. 9262, on the following
occasions: 1) when he broke the plates which had sentimental value
to you because they are given to you by your mother and that; 2)
when he made you feel humiliated from your five minor children who
are all girls and from your neighbors, as well; 3) when he caused you
mental and emotional distress because of his marital infidelity with his
mistress, Mary Jean.

Under Sec. 3(a)(C) of the said law, psychological violence is

defined as:
SECTION 3. Definition of Terms.
(a) x x x
C. "Psychological violence" refers to acts or omissions causing
or likely to cause mental or emotional suffering of the victim
such as but not limited to intimidation, harassment, stalking,
damage to property, public ridicule or humiliation, repeated
verbal abuse and marital infidelity. It includes causing or
allowing the victim to witness the physical, sexual or
psychological abuse of a member of the family to which the
victim belongs, or to witness pornography in any form or to
witness abusive injury to pets or to unlawful or unwanted

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 deprivation of the right to custody and/or visitation of common
children.

Psychological violence is also one of the acts which constitute

the crime of violence against women and their children, with respect
to your case, under 5(h)(4) and (i) of the said law:
SECTION 5. Acts of Violence Against Women and Their
Children. . . x x x
(h) Engaging in purposeful, knowing, or reckless conduct,
personally or through another, that alarms or causes substantial
emotional or psychological distress to the woman or her child.
This shall include, but not be limited to, the following acts:
x x x
(4) Destroying the property and personal belongings or
inflicting harm to animals or pets of the woman or her child;
x x x
(i) Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, including, but not limited
to, repeated verbal and emotional abuse, and denial of financial
support or custody of minor children of access to the woman's
child/children.

In my opinion, these are the legal steps that you can do:

First, you can file an application for Temporary or Permanent

Protection Order pursuant to R.A. No. 9262. This Order will protect
you and your children from Marlon’s violent acts and prohibit him from
further committing those acts. Also, this Order will grant you
permanent custody of your children, direct Marlon, DSWD or any
appropriate agency to provide you and your children support and
whatever you may need. Also, this Order will grant you restitution for
actual damages for the acts he had committed.

Second, you can file a criminal action against Marlon for the
violation of R.A. 9262. This criminal case will also have a civil case in
which you can pray for damages.

Third, you can file an action for Legal Separation pursuant to

the Family Code. This is a legal remedy that will relieve you from
Marlon’s violent acts as you will be entitled to live separately from
each other. And the properties you both acquired will be properly
liquidated and his share will be given to your children as he is
disqualified from receiving such share on the net profits earned by
your absolute community because he is the offending spouse.

To summarize, Marlon has committed physical, sexual, and

psychological violence, and economic abuse against you which
constitute the crime of Violence Against Women and Their Children,
in violation of Republic Act No. 9262. You have three remedies under

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our laws: 1) Temporary or Permanent Protection Order pursuant to
R.A. No. 9262; 2) Criminal and civil action for violation of R.A. No.
9262; and 3) Legal Separation pursuant to the Family Code.

I suggest that you should start compiling all evidence that you
have at hand to back up your claim against Marlon. Ask your
neighbor to prepare an affidavit and/or testify on your case, if the
case pursues, to further solidify his conviction for the crime and to
support your claim for Legal Separation. I suggest that you should
start talking to your children about this, if you intend to pursue this
case, as this will be a stressful scenario for the. Also, in talking to
them, orient them in a friendly manner that they can be used as
witnesses to testify against their father as regards the violent acts that
he did.

I hope that I have addressed your concern accordingly. If you

have any more questions, please do not hesitate to contact me.

Very truly yours:

ROSE SHAHANNA G. VARGAS

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