OFFICE OF LEGAL AID

UNIVERSITY OF BOHOL

Dear Madam;

Greetings!

This is in response to your legal concern during our interview dated September 21, 2018. As far
as our conversation and information being recorded, I come up with the understanding of your
case and the possible legal remedies attach to it. I humbly submit my recommendation to you,
though humbly I asked for your consideration to the extent of the legal service and advice I can
offer. May this serve as your guide for your future decision as to the case involved.
FACTS:
You’re married to Dave Loquias, for eight years. He worked as an OFW in Taiwan as a factory
worker. During your married life you are blessed with two children age 8 and 6 respectively.
While your spouse is working abroad you and your children resides at your in-laws residence in
Dauis, Bohol. You received a monthly allowance of P20,000.00 for personal/family expenses.
Your husband return once every year from Singapore and barely stay for a month.
You said that your husband is unfaithful and having an affair with ano ther woman. You have
noticed that his love and affection turned cold as time goes by. On his Facebook (FB) account you
saw pictures of him with a certain woman together with inappropriate gestures. You confronted
him but he will just ignore you and such confrontation leads to misunderstanding and fight
among the two of you. Sometimes, during your online communication and during his return visit
from abroad he will tell you that you are ugly and not good looking anymore (literally in your
face) , by that you felt humiliated and somehow being disrespected as a woman. At times, he lost
his interest to communicate with you and often try to make excuses for the sake of cutting the
communication.
You said that he was also untrue when he is hiding his real monthly statement or monthly
amount of salary. He even didn’t tell you the company whom he worked nor the agency that
recruited him.
Further, you mentioned that you had a cold relationship with your in-laws, preferably with Josie
Refamonte, and Nora Loquias. Two years ago you had a heated argument with them to the point
that they dumped your belongings outside the house. You received also bruises and wounds out
of that incident. Aside from that, your in-laws will tell you to leave your kids and just stay away if
you want to leave the house, they also brainwashed your children that you are not a good
mother. Interviews and confession from your children indicates that they are doing it for quite
some time. The reason for misunderstanding with your in-laws was their alleged cover up of your
husband’s infidelity and in addition to monetary consideration when the time that your husband
sends money to them for you and your kids.
On September of this year 2018. Josie Refamonte verbally humiliated, mock, threaten, and
challenged you to a fist fight for some reasons. Later, you just knew that a certain vendor
malignly gave information to her which is all untrue. However, during the said verbal attack you
did respond and you just let things past by to avoid commotion. As a result you felt humiliated
and wanted to know the appropriate legal action against your in-laws and your husband’s work
condition.

MY LEGAL ADVICE:

AS TO YOUR HUSBAND’S INFIDELITY

A case may be file to your husband if you suffer the effects of his infidelity or cheating. Under
the law a on VAWC – which means “Anti Violence against Women and Their Children Act of 2004”
(Republic Act 9262) A psychological violence or abuse you have receive from your husband is a
ground for filing a case. The law states that any acts or omissions causing or likely to cause
mental or emotional suffering of the victim such as but not limited to intimidation, harassment,
public ridicule or humiliation, repeated verbal abuse and mental infidelity and the acts of your
husband of cheating that causes you mental and emotional suffering is a strong ground for the
filing of a case. Since your husband belittled you as to your physical appearance such as saying
“maota naman kag nawong” during your online/ personal conversations, time and time again,
you suffered a mental abuse.
Regarding the pictures of the alleged cheating of your husband with another woman just keep
them if you still have because it can be use as your evidence during trial.
As to the privacy of your husband using social media, though generally spouses should be open
to each other, however, the law protects individual’s or person’s privacy and that’s include the
right to have personal access in using his or her social media without the interference by other
people and that includes a family member even a spouse. (Article 26 of the Civil Code of the
Philippines).
As to the custody of your children in case you will file a VAWC case, you are entitled to the custody
of your two children. The law says the woman victim of violence shall be entitled to the custody
and support of her child/children. Children below seven (7) years old or older with mental or
physical disabilities shall automatically be given to the mother, with right to support, unless the
court finds compelling reasons to order otherwise. (Section 28 of the R.A. 9262).
Under the law also (Art. 213 of the Civil Code) No children under seven years of age shall be
separated from the mother unless the court finds compelling reasons to order otherwise.

AS TO THE WORK OF YOUR HUSBAND

My best advice is to ask the assistance of Philippine Overseas Employment Administration (POEA)
in there website “ www. poea.gov.ph” it offers assistance such as verifying the names/s of a
recruitment agency. I searched the agency of whom you last heard about your husband which is
the “2000 miles Placement Agency, Inc.” and they are a govt. registered agency. I would suggest
that you go to the nearest POEA satellite office in our area the nearest one is in Insular Bldg.,
General Maxilom Avenue cor. Gorordo Ave. Cebu City, 6000 Cebu. I believe they have the access
of your husband data if ever still he is under the above mentioned agency.
As to the amount of his salary, the contract of his employment is the best reference as to his
gross salary. I encouraged you to ask assistance to the above mentioned government office/s or
to the person who has an acquaintance with your husband in Taiwan. Try also if you can find one
at home some old documents of your husband’s contract.

AS TO YOUR IN-LAWS
You can file a case of simple slander (oral defamation) under Art. 359 of the Revised Penal Code
when Josie Refamonte used defamatory words against you and provoked you to a fist fight inside
the UB campus. The penalty of such is from 1 month and 1 day to 6 months. However, same
individuals living within the same barangay should go first to the barangay for a mandatory
conciliation as provided by the local government code. You also need a witness in this type of
cases.
You can file a case of unjust vexation under Art. 287 of Revised Penal Code when Josie Refamonte
humiliated you in front of other people and that as a result it cause torment, distress and
disturbance in your part. A penalty if found guilty is imprisonment of 1 to 30 days or fine from 5
to 200 pesos.
As to the 2016 incident between you and your in-laws which cause you injuries such as bruises
and wounds curable without the assistance of a doctor as mentioned. I might say that the crime
was already prescribe. As I look at it, it was a slight physical injury and filing of such case is only
within a limited prescribe time. So adding it to the case to your in-laws will not prosper.
Since your in-laws mentioned you from time to time to leave the children and brainwashed your
children that you are not a good parent. A case can be file to them on child abuse. R.A No. 7610
states that a child abuse refers to the maltreatment, whether or habitual or not, of the child
which includes psychological and physical abuse and emotional maltreatment. A penalty if
convicted is given and imprisonment from not less than 3 months but not more than 3 years or
a fine of P1,000.00 pesos to P10,000.00 pesos or both at discretion of the court.