Dear Attorney,

I am writing to seek legal advice regarding my current situation with the ex-wife of my partner. She filed a case against us alleging emotional violence and sent a subpoena. While I understand the importance of responding appropriately, I recently gave birth and am still caring for our newborn, which makes it difficult to promptly compile and submit evidence. This woman continues to harass me through social media, labeling me as a “third party,” even though she had previously stated that she would no longer interfere with our relationship.

Her actions have put tremendous pressure on my mental health, especially since I lost my job due to her allegations and public posts. I would like to know what legal options I have to address her false accusations, social media defamation, and the emotional distress she is causing. Any guidance you can provide on how to best navigate these legal challenges would be sincerely appreciated.

Thank you for your time, and I look forward to your advice.

Respectfully,
Concerned Partner

III. LEGAL ARTICLE
(Note: This article serves as a general discussion of Philippine law and does not constitute legal advice. It is recommended to consult directly with a licensed attorney for personalized guidance.)

Introduction
Under Philippine law, several legal avenues exist for individuals who find themselves facing harassment, emotional violence, or defamatory statements from another party. The scenario at hand involves an ex-spouse who is allegedly harassing the current partner of her former husband through social media and legal complaints. This article explores the relevant laws and procedures that govern such disputes, including the following key points:

The scope of Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act)
Potential defenses when accused of emotional violence under R.A. 9262
Legal remedies for defamation, including libel and cyber libel
Psychological and emotional distress claims under Philippine law
Possible civil remedies for damages due to malicious or baseless complaints

By examining these points, individuals facing similar situations can better understand their legal rights and obligations, allowing them to make informed decisions when pursuing remedies.

Overview of the Anti-Violence Against Women and Their Children Act (R.A. 9262)
R.A. 9262, or the Anti-Violence Against Women and Their Children Act, is a significant piece of Philippine legislation that provides protection for women and their children who experience physical, sexual, psychological, or economic abuse. Commonly known as VAWC, this law penalizes various forms of violence committed by a spouse or former spouse, or by individuals who have a sexual or dating relationship, or share a common child.

a. Key Definitions Under R.A. 9262
- Physical Violence: Any act that causes bodily or physical harm.
- Sexual Violence: Acts that force or compel the victim to engage in any sexual activity through intimidation or threat.
- Psychological Violence: Includes mental or emotional suffering, such as intimidation, harassment, stalking, and public ridicule.
- Economic Abuse: Refers to the withholding of financial support or controlling the victim’s finances unreasonably.
b. Emotional or Psychological Violence Cases
Emotional or psychological violence under R.A. 9262 can involve repeated verbal or emotional abuse, denial of financial resources, or public humiliation, among others. If the complainant (the ex-wife, in this scenario) alleges emotional violence, she must present evidence of how she suffered mental or emotional anguish as a result of specific acts, such as:
- Malicious and repeated use of insulting language
- Stalking, or persistent harassment online or offline
- Public humiliation on social media or public gatherings
c. Defenses Available to the Accused
Those accused of violating R.A. 9262 have the right to due process and can present evidence refuting the allegations or showing that they did not commit any acts causing emotional or psychological harm. It is critical to gather tangible proof—screenshots, messages, witness statements—that support one’s defense. Additionally, if there is evidence that the complainant filed the case with malicious intent or without factual basis, it may serve as grounds to question the credibility of the claims.
Subpoena and Court Procedures
When an individual is served with a subpoena or a criminal complaint, they are legally required to respond or appear before the Prosecutor’s Office or the court, if so directed. Failure to comply can result in adverse legal consequences, including the possibility of a warrant of arrest or dismissal of defenses.

a. Responding to a Subpoena
- Timeliness: Observe the deadlines stated in the subpoena. If you are having difficulty submitting evidence within the specified period due to personal circumstances—such as caring for a newborn—you may request an extension, accompanied by valid justifications.
- Representation by Counsel: It is crucial to have a lawyer who can guide you throughout the proceedings, draft your counter-affidavit, and submit documentary evidence on your behalf.
- Preservation of Evidence: Retain copies of social media posts, screenshots, messages, and any other relevant documentation that can help establish your innocence or prove the malice behind the allegations.
b. Preliminary Investigation
In a criminal complaint involving R.A. 9262 or other criminal charges, a preliminary investigation is conducted by the Prosecutor’s Office to determine whether probable cause exists to file a criminal information in court. Both parties— the complainant and the respondent—are generally required to submit affidavits and supporting evidence. If the Prosecutor finds probable cause, the case will proceed to trial.
Harassment and Defamation Through Social Media
In the digital era, defamatory content posted on social media platforms can spread quickly, causing significant harm to a person’s reputation. Philippine law addresses defamation through the Revised Penal Code (RPC) and the Cybercrime Prevention Act of 2012 (R.A. 10175).

a. Libel (Article 353, Revised Penal Code)
Libel is defined as a public and malicious imputation of a crime, vice, or defect, whether real or imaginary, that tends to dishonor or discredit a person. To be considered libelous, the statement must be:
- Defamatory: The content must impute a negative characteristic, crime, or vice.
- Malicious: There must be an intention to harm or at least a reckless disregard for the truth.
- Public: The statement must be communicated to a third person.
- Identifiable: The offended party must be identifiable in the alleged defamatory statement.
b. Cyber Libel (Section 4(c)(4), R.A. 10175)
Cyber libel involves libelous statements posted online, whether through social media posts, online forums, or any other internet-based platform. The elements are similar to that of traditional libel, but the medium is electronic. Penalties for cyber libel can be more stringent than traditional libel, reflecting the far-reaching impact of digital platforms.

c. Possible Legal Remedies and Procedures
If an individual believes they have been defamed on social media, they can:
- File a complaint affidavit with the Prosecutor’s Office detailing the defamatory statements, their malicious intent, and the harm caused.
- Preserve evidence by taking screenshots, saving URLs, or capturing archived versions of the defamatory posts.
- Request the court to issue a takedown order if the defamatory content remains accessible online, thereby preventing further harm.
Emotional Distress and Related Civil Claims
In addition to or instead of filing criminal complaints, an aggrieved party may opt for a civil action for damages under the Civil Code of the Philippines, particularly under Articles 19, 20, 21, and 26, which prohibit acts that cause damage to another person contrary to morals, good customs, or public policy.

a. Article 19
This provision states that every person must, in the exercise of their rights and in the performance of their duties, act with justice, give everyone his due, and observe honesty and good faith. When an individual’s act violates Article 19, they may be held liable for damages.

b. Article 20
Article 20 holds any person liable for damages if they willfully or negligently cause damage to another person in violation of law. If it is proven that the ex-wife’s behavior—such as posting malicious statements on social media—intentionally or negligently harmed you, she could be required to compensate for the resulting damages.

c. Article 21
Article 21 covers cases where an act is legal but is carried out in a manner that is contrary to morals, good customs, or public policy. So, even if the ex-wife’s expression of her opinions might be viewed initially as a lawful exercise of free speech, if such expression is done in a manner that humiliates, degrades, or harasses you, she could be held liable for damages.

d. Article 26
Article 26 protects individuals from the prying into one’s privacy or meddling in one’s private affairs. If social media posts or public rants by the ex-wife constitute a violation of your privacy, you may raise Article 26 in a civil claim for damages.
Filing Countercharges for Malicious Prosecution or Perjury
If the ex-wife’s complaints are proven to be baseless or malicious, it is possible to file a countercharge. However, the standard for proving malicious prosecution is stringent—there must be a clear showing that the complainant instituted legal proceedings without probable cause and with malice or ill intent.

a. Malicious Prosecution
Malicious prosecution arises when a legal proceeding is initiated without probable cause and motivated by malice. The elements include:
- A prior criminal or civil case was instituted against the defendant.
- The proceeding ended in the defendant’s favor.
- The plaintiff in that case acted with malice and without probable cause.
- The defendant suffered damage as a result of the malicious prosecution.
b. Perjury
If the complainant knowingly makes false statements in her affidavits or in testimony under oath, a complaint for perjury could be filed against her. Perjury is committed when a person, in a case in which an oath is authorized by law, makes a willful and deliberate assertion of a falsehood.
Protective Orders and Other Preventive Remedies
While R.A. 9262 is primarily designed to protect women and their children, in some cases, parties may also seek protection from harassment through the courts by other means, such as:
- Petition for Injunction: Where repeated harassment is evident, one may petition for an injunction to order the offending party to cease and desist from specific acts.
- Temporary Restraining Order (TRO): While more common in civil cases, TROs can be issued to immediately restrain the respondent from continuing any harassing or threatening behavior.
- Barangay Protection Orders: In certain circumstances, individuals may also approach their barangay for a protection order, though these are typically limited to situations covered by R.A. 9262.
Relevance of Past Agreements or Conversations
In this particular situation, the ex-wife allegedly stated that she would “let go” and no longer interfere with the new relationship. Although such verbal or written assurances may not be a binding “contract” in the strict legal sense (since letting go of emotional ties is not necessarily subject to legal regulation unless part of a separation agreement or settlement), they can still reflect on her intent or credibility. A sudden reversal of that stance, accompanied by allegations of emotional violence, might be subject to scrutiny if evidence suggests she only made such statements to mislead or harass.
Concubinage, Adultery, and the Context of Relationship Conflicts
It is important to note that the ex-wife may also claim that the relationship between you and her former husband is adulterous or constitutes concubinage (depending on whether a valid marriage still subsists). However, allegations of adultery or concubinage require solid proof and specific elements:
- Adultery (Article 333, Revised Penal Code): Committed by a married woman who has sexual intercourse with a man who is not her husband, and by the man who knows her to be married, even if he is not married himself.
- Concubinage (Article 334, Revised Penal Code): Committed by a married man who keeps a mistress in the conjugal dwelling, has sexual intercourse under scandalous circumstances with a woman not his wife, or cohabits with her in any other place.
If the marriage was lawfully dissolved or annulled, or if there is a legal separation without continuing obligations of fidelity (subject to the final judicial decree), those charges may not apply. Additionally, the ex-wife’s acknowledgment that she was “releasing” her former husband to you might be relevant to establishing that there was no secrecy or deception involved.
Evidence Gathering and Documentation
Detailed documentation is your strongest defense and basis for countercharges. Keep a clear timeline of events, including:

Dates of social media posts defaming you
Conversations or messages where the ex-wife threatened or harassed you
Witness affidavits from people who have firsthand knowledge of the conflict
Medical certificates or psychological assessments, if you have suffered emotional distress or stress-related health issues

The more comprehensive your evidence, the easier it is for your counsel to argue your position effectively, whether it be in defending against R.A. 9262 charges or asserting your rights in a defamation case.

Impact on Employment and Possible Claims
You mentioned losing your job because of this situation. If you have evidence that her actions directly influenced your employer’s decision to terminate your employment, you may want to consider consulting with an attorney about possible claims. Depending on the manner in which you were dismissed and the reasons provided by your employer, you could explore whether the termination was valid. If the ex-wife’s defamatory statements played a significant role, there might be grounds for damages on top of the defamation or harassment case.
Strategic Considerations
a. Engage Legal Counsel Early
In emotionally charged cases involving family or former spouses, it is prudent to consult a lawyer from the outset. Your counsel can help you navigate the complexities of R.A. 9262 charges, defamation laws, and the intricacies of civil litigation.
b. Avoid Retaliatory Posts on Social Media
When one feels wronged, it might be tempting to respond on social media. However, this can backfire and potentially expose you to additional defamation or harassment claims. It is generally advisable to let your lawyer handle public statements or to respond only in official legal channels.
c. Prioritize Mental Health
In stressful legal disputes, personal well-being can be overlooked. Seek counseling or therapy if needed, especially since you are also dealing with the responsibilities of caring for a newborn.
Steps to File a Complaint or Countersuit
If you decide to file a complaint or countersuit (for instance, for libel or for damages under the Civil Code), the process generally involves the following:
Consult a Lawyer: Present all evidence and discuss the merits of your claim.
Draft a Complaint Affidavit: Outline the facts, attach relevant evidence (screenshots, messages, etc.), and state the laws allegedly violated.
File with the Prosecutor’s Office (for criminal cases) or the appropriate court (for civil suits).
Undergo Preliminary Investigation (for criminal cases): Submit supporting affidavits and respond to counter-affidavits from the opposing party.
Wait for Prosecutor’s Resolution: If probable cause is found, an information is filed with the court; if dismissed, you may consider appealing.
For Civil Cases: After filing the complaint, the court issues summons to the defendant, who then answers. Parties go through pre-trial, discovery, and trial before final judgment.
Possible Outcomes and Penalties

Criminal Conviction for VAWC: Depending on the severity of the offense, imprisonment and monetary fines may be imposed on the accused if found guilty.
Criminal Conviction for Libel or Cyber Libel: Penalties can include imprisonment and/or fines.
Protective Orders: Courts may issue Protection Orders under R.A. 9262, preventing the accused from contacting or approaching the victim, or awarding temporary custody of children.
Damages in Civil Cases: Defendants found liable may be ordered to pay moral damages, exemplary damages, and attorney’s fees.

Mitigating or Aggravating Factors
a. Good Faith: If you can show that any alleged communications were made in good faith and did not intend malice, it may mitigate liability.
b. Proof of Malice: For the ex-wife’s part, if it can be shown that she deliberately intended to harm you and made false accusations, it could aggravate her liability in a defamation suit.
c. Existence of Prior Agreements or Understandings: Evidence that the ex-wife consented to or at least acknowledged the relationship could cast doubt on the genuineness of her claims.
Practical Tips for Resolution
a. Attempt Mediation: In many family or civil disputes, courts may require or encourage mediation to settle issues amicably, especially if there are children involved who may benefit from reduced conflict.
b. Maintain Composure: Emotional outbursts during hearings or on social media can weaken your position. Maintaining a respectful demeanor helps the court see you in a favorable light.
c. Document Everything: Keep all relevant evidence, including any attempts to communicate or settle.
d. Stay Informed: Regularly communicate with your attorney and stay updated on the progress of your case or any new legal developments.
Conclusion
The legal landscape surrounding emotional violence, defamation, and harassment in the Philippines is complex. Whether you are a respondent in a complaint filed under R.A. 9262 or a party aggrieved by cyber libel and defamatory social media posts, you possess rights that can be asserted through the proper legal channels. It is crucial to promptly address subpoena requirements, gather and preserve evidence, and seek competent legal representation. Failing to respond or ignoring the legal process can have detrimental consequences, while a timely and well-prepared defense can protect your rights and ensure a fair resolution.

Ultimately, the best strategy involves a combination of legal vigilance, responsible online behavior, and consideration for the emotional toll that such disputes inflict on everyone involved—especially in situations where a newborn child is part of the family dynamic. Upholding one’s legal rights does not preclude attempts at conciliatory measures, but neither does it require acceptance of malicious and baseless accusations. By balancing these concerns, aggrieved parties can work toward a resolution that respects their dignity, protects their interests, and upholds the rule of law.

Disclaimer: This article is for informational purposes only and does not create an attorney-client relationship. The information provided herein may not reflect the most current legal developments. Consult a licensed Philippine attorney for personal legal advice suited to your specific circumstances.