Dear Attorney,

I hope this letter finds you in good spirits. I am writing to seek legal advice regarding a distressing situation I am currently facing. My boyfriend’s former spouse recently filed a case against both of us, alleging emotional violence. A subpoena was sent to us, and I find myself in an extremely challenging predicament. I recently gave birth to a baby, and I am unable to prepare and submit the necessary evidence immediately due to my circumstances. Despite my best efforts to maintain peace, it appears that his ex-wife is intent on causing us continued stress.

Previously, she explicitly told me that it would be acceptable for me and my boyfriend to live together because, as she put it, she was ready to let him go. However, after giving what seemed like her consent, she has now turned around and filed emotional violence complaints against us. I am deeply troubled by the stress this has brought upon me, especially since I am still recovering and caring for a newborn.

Moreover, she publicly labeled me a “kabit” on social media, even though there was an understanding between us that she had already parted ways with my boyfriend. Her accusations and posts have not only caused me emotional turmoil but have also resulted in my losing my job. Now I am considering possible countercharges or legal remedies, given that I believe her actions have harmed me in many ways. I worry about the continuing impact on my emotional well-being and my ability to care for my newborn child.

May I kindly request your guidance as to what legal remedies I can pursue against her? I find the constant threats and public shaming truly burdensome. Since she agreed in the past that she would let my boyfriend go, it seems unjust that she is now weaponizing emotional violence charges against us. I look forward to your advice, as it is critical for me to protect my family, especially my infant, from further harassment and potential legal complications.

Thank you for your time and understanding in this matter. Any information or resources you could provide would be greatly appreciated.

Truly yours,
A Distressed Partner

A COMPREHENSIVE LEGAL ARTICLE ON EMOTIONAL VIOLENCE AND RELATED REMEDIES IN PHILIPPINE LAW

This legal article is intended to provide an overview of the laws, rules, and potential remedies surrounding alleged emotional or psychological violence in the Philippines, particularly in the context of romantic relationships, spousal disagreements, and claims under the relevant statutes. Given the scenario in which an ex-spouse has instituted charges under an emotional violence claim, this discussion will delve into critical provisions of Republic Act No. 9262 (the Anti-Violence Against Women and Their Children Act of 2004), libel or cyberlibel possibilities, as well as potential countermeasures such as the filing of criminal or civil actions against false or malicious accusations.

Disclaimer: This article is for general informational purposes. It does not establish an attorney-client relationship, nor should it be construed as specific legal advice. Consult directly with a qualified legal professional to address unique circumstances.

1. Overview of Republic Act No. 9262 (Anti-VAWC)

Republic Act No. 9262, commonly referred to as the Anti-Violence Against Women and Their Children Act (Anti-VAWC), was enacted in 2004 to address violence committed by a person against women and their children. Although frequently invoked in cases involving physical abuse, it also covers psychological and emotional violence.

1.1. Who Can File a Case Under R.A. 9262?

The law primarily covers women and their children who are or have been in a relationship with the offender, whether through marriage, dating, or cohabitation. It also extends to those with whom the alleged offender has a common child. Ex-wives commonly invoke the provisions of this law in circumstances where they claim to suffer emotional or psychological abuse from a husband or ex-husband, a boyfriend, or even the new partner of the husband or ex-husband, if it can be alleged that such a relationship has resulted in some form of violence covered by the statute.

1.2. What Constitutes Emotional or Psychological Violence?

According to R.A. 9262, “psychological violence” refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim. Examples may include intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse, and marital infidelity-related acts that cause emotional suffering. In some cases, an ex-spouse may claim that the new partner’s presence or alleged interference in her relationship with her former husband (especially if there are children involved) is a form of emotional violence. However, it should be emphasized that not all personal disputes automatically qualify as psychological violence under the law. The complainant must demonstrate specific acts that fall under the statutory definitions.

1.3. Evidentiary Considerations

When faced with a complaint for emotional or psychological violence, documentary and testimonial evidence are critical. A complainant must usually show that the actions of the accused indeed inflicted mental or emotional distress. Evidence may include:

Text messages, emails, or social media posts allegedly constituting harassment.
Sworn affidavits of the alleged victim describing the distressing behavior.
Medical or psychological evaluations if the emotional distress has manifested in a clinically measurable way, such as a diagnosis of depression or anxiety triggered by the alleged acts of violence.

Should you find yourself wrongly accused, you have a right to refute these claims by presenting communications or other evidence showing that the ex-wife explicitly consented to certain arrangements or statements that are inconsistent with her present allegations. If she told you before that she had “let him go,” and there is proof (such as text messages) verifying that she consented to your relationship, such evidence can be relevant. It may demonstrate a contradiction between her earlier stance and her current complaint.

2. Potential Criminal and Civil Liabilities of the Accuser

In the situation you described, the ex-wife allegedly posted defamatory statements on social media, labeling you a “kabit.” Depending on the exact content of her posts and the manner in which they were disseminated, you may explore filing a complaint under the Revised Penal Code, specifically for libel, or under Republic Act No. 10175 for cyberlibel, if such statements were made online.

2.1. Libel and Cyberlibel

Libel, under Article 353 of the Revised Penal Code, is defined as a public and malicious imputation of a crime, or of a vice or defect (real or imaginary), or any act, omission, condition, status, or circumstance tending to cause dishonor, discredit, or contempt of a natural or juridical person. The essential elements are:

Imputation of a discreditable act or condition.
Publication of the imputation.
Identity of the person defamed.
Malice.

When this imputation is done through computer systems, such as social media platforms like Facebook, Instagram, Twitter, or YouTube, cyberlibel under R.A. 10175 may apply, provided the post is accessible to the general public or a sufficient number of people. Each statement and the context in which it was published must be evaluated to ascertain the presence of malicious intent.

Important Note: The Supreme Court has noted that truth alone does not exonerate a person from liability in libel cases if malice in fact is proven. However, if there is good faith, or if the statements constitute fair comment on matters of public interest, then that might be a valid defense. In your case, if the ex-wife’s statements are patently false (e.g., claiming you are a “kabit” when the ex-wife had already severed ties and consented to your current relationship), such falsehood may strengthen a libel or cyberlibel complaint.

2.2. Slander

If defamatory statements were made verbally and in the presence of others, it could constitute slander under Article 358 of the Revised Penal Code. Should she have verbally accused you of wrongdoing in public, thereby tainting your reputation, you may consider a criminal complaint for oral defamation.

2.3. Civil Actions for Damages

The Civil Code of the Philippines provides the potential to claim for moral damages if one suffers mental anguish, fright, serious anxiety, and other forms of emotional distress due to malicious actions of another. If the ex-wife’s conduct caused you to lose your job, you might further explore potential compensation for loss of income or opportunities under civil law. To succeed in a civil suit for damages, you must demonstrate:

The existence of a right violated or a legal injury inflicted by the defendant.
An act or omission constituting fault or negligence.
A causal link between the injury and the defendant’s act or omission.
Damages suffered as a result.

3. Defenses Against Emotional Violence Accusations

If a complaint has been filed against you under R.A. 9262, immediate steps to consider include:

Consultation with Counsel: Engage a lawyer at the earliest opportunity. You need professional advice on how best to respond to the subpoena and how to gather exculpatory evidence.
Filing a Counter-Affidavit: In preliminary investigations, you have the right to submit a Counter-Affidavit refuting the accusations. This should include your evidence—documented communications, screenshots, and sworn statements from witnesses, if any—to show that the allegations lack factual or legal basis.
Prescription and Jurisdiction: Understand the time limits and where the case will be filed. Emotional violence under the Anti-VAWC law often goes through the Regional Trial Court (Family Court) if an information is eventually filed.
Evidence of Non-Participation or Justification: The ex-wife must prove your specific acts or omissions that allegedly caused her emotional distress. If she cannot substantiate her claims with credible proof, the complaint may be dismissed.
Proof of Consent or Agreement: If the ex-wife previously expressed that she was fine with you and your boyfriend living together, and you have proof of such communication, this may contradict her allegations and reduce her credibility.

4. Strategies for Responding to Harassment and Unfounded Accusations

Given your situation—where you are caring for a newborn, facing potential legal action, and dealing with defamatory statements on social media—you might wish to take the following measures:

Preserve Evidence: Keep digital records (screenshots, emails, messages, social media posts). Save every piece of documentation that may prove her earlier consent or contradictory statements.
Seek Protection Orders if Necessary: Under R.A. 9262, a woman can apply for a Protection Order, but the accused or the new partner might also seek remedies if there is undue harassment. In certain circumstances, if threats are made against you, consult your lawyer about whether a Protection Order is applicable for your protection. While it is not typical for a man or his new partner to seek it under R.A. 9262, you may explore other legal avenues if you feel genuinely threatened.
Communicate Through Counsel: If she continues to harass you, instruct your counsel to formally communicate with her or her lawyer, demanding that she ceases defamatory statements and malicious prosecution.
Counter-Charge for Malicious Prosecution or Perjury: If you can establish that the ex-wife acted in bad faith, knowingly filed a baseless case, or submitted false statements, you may consider filing charges for malicious prosecution or perjury, provided there is a clear showing of falsehood in her allegations.

5. The Importance of Legal Representation and Proper Documentation

When facing legal challenges that impact your reputation, livelihood, and peace of mind, representation by an experienced counsel is paramount. A lawyer can help you with:

Drafting and filing pleadings: Ensure you respond formally to legal notices, particularly the subpoena, within the given deadline.
Strategy and negotiation: Weigh the possibility of settlement or an amicable resolution. Sometimes, compromise or a mediated approach reduces the emotional toll on all parties.
Evidentiary organization: Compile your evidence systematically. A lawyer can help identify what is beneficial or detrimental to your defense.
Court appearances: If the case proceeds, you will need representation in hearings to ensure that your rights are safeguarded at every step.

6. Step-by-Step Guide for Someone in Your Position

Below is a concise roadmap to help you respond to the allegations:

Read the Subpoena Carefully
- Take note of the deadlines. Missing any deadline might result in the prosecutor deciding the case based solely on the complainant’s evidence.
Consult Immediately with a Lawyer
- Provide them with all relevant details, including screenshots of conversations where the ex-wife allegedly gave her consent or said she “let go” of the relationship.
Prepare a Counter-Affidavit
- In your affidavit, state the facts chronologically. Attach relevant documentary evidence (screenshots, records, even hospital or medical records if her harassment caused you significant stress).
- If you recently gave birth, you might want to mention that undue stress may also affect your nursing and postpartum health.
Address Her Social Media Posts
- Present them to your lawyer as potential grounds for counter-suits (libel or cyberlibel).
- Check if she mentioned you specifically by name or used details that unequivocally point to you. This is important in establishing “identifiability” for libel claims.
Evaluate a Defamation Case
- If the posts are public or visible to a significant number of her contacts, and they contain malicious false statements, a cyberlibel complaint under R.A. 10175 may be warranted.
Keep a Calm, Professional Demeanor
- Do not engage in retaliatory name-calling or threats on social media. Any negative reaction might be twisted against you.
Monitor All Relevant Deadlines and Court Dates
- Court processes can be tedious and lengthy. Missing or overlooking any date can weaken your position.

7. Possible Outcomes

Depending on the evidence each side presents, the following outcomes are possible:

Dismissal of the Complaint: If the prosecutor or judge finds that the allegations are unsubstantiated, your case may be dismissed for lack of probable cause.
Elevation to Trial: Should probable cause be found, the matter could proceed to full-blown trial, where the strength of each side’s evidence is tested.
Amicable Settlement: In many cases, especially those involving familial relationships, courts may encourage settlement or mediation, particularly if children are involved.
Counter-Case: If you decide to file for libel, cyberlibel, or malicious prosecution, and you can demonstrate that you suffered damages, the ex-wife may face criminal and/or civil liability.

8. Protecting Your Interests While Respecting Legal Boundaries

It is essential to advocate for your rights without overstepping legal boundaries. Here are a few reminders:

Resist the Urge to Counter-Defame
- Even if the other party is resorting to name-calling or false accusations, do not defame them in return. Respond through formal legal channels.
Respect Court Processes
- Abide by all rules of procedure, file your pleadings on time, and avoid ex-parte communications with the judge or prosecutor.
Maintain Dignity and Composure
- Trials or investigations can become personal. Keep your focus on presenting factual evidence and legal arguments.
Ensure Child’s Welfare
- If children are involved, whether hers or yours, their best interests are paramount. If shared custody or visitation rights are at stake, approach these issues carefully with proper legal guidance.

9. Insights on Filing Your Own Complaint

If you choose to move forward with your own legal action:

Consultation and Drafting: Work closely with your lawyer. Facts must be presented coherently, and the relevant laws should be cited.
Filing Fees: Prepare for possible filing fees in civil cases, unless you qualify for an exemption (e.g., if you are an indigent litigant).
Supporting Affidavits: Secure statements from witnesses who can attest to the ex-wife’s actual statements or social media conduct.
Venue: Ensure that your complaint is filed in the proper venue, typically where the defamatory act was committed or accessed, or where the parties reside.

10. Conclusion and Key Takeaways

Being named in an emotional violence complaint—especially when you recently gave birth and are navigating postpartum challenges—can be overwhelming. Nonetheless, you have various legal defenses and remedies at your disposal under Philippine law. The case filed under R.A. 9262 must be substantiated by the complainant with specific evidence of emotional or psychological abuse. Absent such proof, the complaint may be dismissed.

Meanwhile, the ex-wife’s public accusations of you being a “kabit,” especially if baseless, could expose her to criminal or civil liability for defamation. You have every right to protect yourself, your family, and your new child’s well-being from harassment and malicious prosecution.

Staying calm and proactive is critical. Consult immediately with a legal professional who can offer personalized counsel. Gather and preserve all forms of evidence, respond promptly to subpoenas, and consider filing your own case if you have sufficient grounds for defamation or malicious prosecution. Through diligent legal strategy, careful documentation, and proper representation, you can assert your rights while minimizing further stress.

This article aims to provide a detailed, general overview of the issues surrounding emotional violence complaints, defamation, and countersuits under Philippine law. For a personalized legal consultation and a robust defense strategy, please seek assistance from a duly licensed attorney.