February 7, 2018

Pia Wurtzbach-Stockinger
Purok 1, Block 2, Lot 3
SouthVille, Muntinlupa City

Dear Mrs. Wurtzbach-Stockinger,

Here is the opinion that you requested.

The facts, as I gather from you, are as follows:

During the subsistence of your marriage, your husband, Mr.

Marlon Stockinger, has hurt you to the point of abuse in more
then one instance.

You claim that whenever he felt angry, he would beat you up

by punching you in the face as well as other parts of your body. In
one instance, he also broke six (6) plates that were handed down
from your mother.

On February 2010, during such an episode, he came home

and knocked 5 of your teeth out. He also burned you with a hot
iron on your wrist leaving a huge scar in another instance. He
frequently beats you after these instances.

On October 2014, you discovered that he has had a

relationship with a woman by the name of Mary Jane. Through
Facebook Messenger messages, including words of endearment
such as “I love you” and which included pictures they sent to
each other showing them kissing each other, lying in bed with
nothing but the sheets on, or going places, you are able to attest
the proof of the apparent relationship between them.

On May 2016, your husband went to Riyadh, Saudi Arabia to

work. Your communication with your husband was fine at first. But
after six (6) months, it started becoming less frequent and even
got to the point of having no communication at all.
 While away, according to you, Mr. Stockinger did not give
support to you and your children. Hence, your children stopped
studying because of this predicament. It also came to a point that
your family could not eat a proper meal a day and you resorted to
eating leftovers from fast-food restaurants and other similar
establishments.

Mr. Stockinger contacted you again on May 2017, saying he

will go back to the Philippines on June of the same year but
without a definite date. You tried contacting him again but to no
avail. You went to Makati where his agency was located,
thereafter, to know when he would arrive. Later, you found out
that he had already arrived on May 22, 2017. You did not see him
when he came back as he did not yet come home to you and your
minor children. You also found out instead that he went instead to
his alleged mistress, Mary Jane who was staying at the house of
his mother.

In my opinion, the totality of the circumstances in different

instances in your marriage shows a continuous cycle of abusive
behavior. Different aspects of your life are within the definitions
given by the Anti-Violence Against Women and the Children Law
(VAWC).

As defined under the law, here are some definitions and

forms of abuse that are applicable to your situation:

Sec. 3. Definition of Terms.- As used in this Act:

(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. It includes, but is not limited to,
the following acts:

A. "Physical Violence" refers to acts that include bodily or

physical harm;

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 remarks, physically
attacking the sexual parts of the victim's body…

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 mental infidelity.

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.

Sec. 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:

(a) Causing physical harm to the woman or her child;

 (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.

(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;

(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:

(4) Destroying the property and personal belongings

(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.

Based on the foregoing, we may be able to file a complaint-

affidavit with the City Prosecutor’s Office of Muntinlupa City for
multiple violations of the Anti-VAWC. However, we will still need
evidence in order to prove the guilt of your husband.
 In the meantime, we may be able to use the following as
proof in support of your allegations:

1. A medical examination conducted by a doctor,

psychologist and/or a dentist – If we may be able to
find records during 2010 or future years relating to
your bodily injuries including the scars from the iron
as well as your broken teeth, then it can be used as
evidence to prove the physical and psychological
anguish which you may have suffered.

2. The Facebook messages and pictures you discovered

– If we may be able to obtain a subpoena, search
warrant, or through a writ of habeas data from the
Court in order to investigate and produce the
messages which are with the custody of your
husband to which you can attest to.

3. The contract from his recruiter or employer – If we

are able to obtain a copy or if possible the original
contract of Mr. Stockinger with his company, we may
be able to prove the truth regarding his going abroad
to Saudi and his lack of support if proven that he
receives enough compensation or anything related to
his employment or business there.

4. Finally, correspondence through text messages,

online messages, and calls from you and your
husband – If we are able to produce these in court,
we can prove the lack of communication especially
the proof of his claim of coming back to the
Philippines without informing you of his whereabouts
thereafter.

In addition to these, we must, as much as possible produce

different witnesses to corroborate our allegations and statements
in Court if we are to pursue a Criminal Complaint.
 In relation to the Criminal Complaint, we may also ask for
relief from the Courts relating to the application of protection
orders, claims of support and a petition for legal separation.

I base my opinion on these matters on the following

provisions.

Under the Anti-VAWC:

Sec. 8. Protection Orders.- A protection order is an order

issued under this act for the purpose of preventing further acts of
violence against a woman or her child specified in Sec. 5 of this
Act and granting other necessary relief. The relief granted under a
protection order serve the purpose of safeguarding the victim
from further harm, minimizing any disruption in the victim's daily
life, and facilitating the opportunity and ability of the victim to
independently regain control over her life. The provisions of the
protection order shall be enforced by law enforcement agencies.
The protection orders that may be issued under this Act are the
barangay protection order (BPO), temporary protection order
(TPO) and permanent protection order (PPO).

Sec. 10. Where to Apply for a Protection Order. – Applications

for BPOs shall follow the rules on venue under Sec. 409 of the
Local Government Code of 1991 and its implementing rules and
regulations. An application for a TPO or PPO may be filed in the
regional trial court, metropolitan trial court, municipal trial court,
municipal circuit trial court with territorial jurisdiction over the
place of residence of the petitioner: Provided, however, That if a
family court exists in the place of residence of the petitioner, the
application shall be filed with that court.

Sec. 35. Rights of Victims. – In addition to their rights under

existing laws, victims of violence against women and their
children shall have the following rights:

c) To be entitled to support services form the DSWD and

LGUs'
 (d) To be entitled to all legal remedies and support as
provided for under the Family Code

Under the Family Code:

Art. 55. A petition for legal separation may be filed on any of

the following grounds:

(1) Repeated physical violence or grossly abusive conduct

directed against the petitioner, a common child, or a child of the
petitioner.

Art. 198. During the proceedings for legal separation or for

annulment of marriage, and for declaration of nullity of marriage,
the spouses and their children shall be supported from the
properties of the absolute community or the conjugal partnership.
After the final judgment granting the petition, the obligation of
mutual support between the spouses ceases. However, in case of
legal separation, the court may order that the guilty spouse shall
give support to the innocent spouse, specifying the terms of such
order.

During the criminal and possibly the civil proceedings, you

and your family will be fully protected as regards support given by
the DSWD or your husband’s contribution to the absolute
community of property of your marriage for your everyday needs
as well as protection from harm through the protection orders the
Court will grant if ever there is any possibility of a threat of any
form of violence or abuse from your husband.

As a final note, I am quite positive that we will be able to find

the appropriate actions to take as you may wish which depends
on the course of action, whichever you may desire to take. As
your lawyer, I am here to assist you in any way I can.
 Please let me know if I can be of further service to you on
any matters relating to any course of action you shall further
endeavor.

Very truly yours,

JOSE ROILO M. BACANI