Pagkagulat: Isang Pinay – ISANG BATA PA NA BABAE ang MATAGAL NANG INAABUSO ng KANYANG ASAWA, AT ANG KALALABASAN AY ISANG MADUGONG PAGHIHIGANTI – PINATAY NIYA ANG ASAWA AT BUONG PAMILYA NITO./TH

According to the testimony of Mrs. Illuminada Hinosa, her son Ben was loving and thoughtful. He was always there whenever you had a problem. And if you ask his friends, they would describe him as one of the happiest people they knew. Their simple family lived in the town of Bilwang, located in the province of Leyte.

Illuminada shared that they did everything to provide their children with a good life. To achieve this, they prioritized sending them to school. The Hinosa family was said to be like many other Filipinos—though not wealthy, they did everything to rise from poverty.

Illuminada had many dreams for her children—hoping that at least one of them would lift the family out of hardship. Her children graduated from elementary school, and she breathed a sigh of relief when they eventually finished high school. But the prosperity she hoped for didn’t come.

Because one by one, they got married. Ben reportedly married a young woman named Marivic, who lived in the same barangay in Bilwang. The two had known each other for a long time—not only were they classmates, but they also lived next door. Their relationship gradually developed as they often spent time together during fiestas in their small town and even attended fiestas in neighboring barangays.

Their frequent bonding deepened their relationship. While Ben was already working, Marivic was able to go to college and earned a Bachelor of Science in Business Administration. When she got her diploma, Ben formally asked for her hand in marriage. Although Marivic’s parents didn’t want her to marry, they had no choice.

Their wedding took place on November 19, 1983, in Ormoc City, attended by many guests from different barangays. But because they spent all their money on the wedding, the newlyweds lived with Ben’s parents in Isabel, Leyte.

However, what was supposed to be a joyful new beginning quickly became a challenge. Aside from them, Ben’s brother Alex and his wife were also living in the same house. Though Marivic didn’t like the situation, she had no choice since her husband didn’t earn enough to rent an apartment.

Despite the crowded household, the couple was blessed with two children: John Morvin and Earl Pierre. But like in many special occasions, their happiness didn’t last long. Around the same time, Ben’s brother’s wife also gave birth.

So imagine the scenario—three families under one roof. That chaotic setup frequently led to arguments between Ben and Marivic. But Marivic had no choice but to stay silent since her husband still couldn’t afford to move out, especially with their growing expenses.

When their children no longer needed constant care, Marivic found work and was hired as a secretary to the point manager in Ormoc City. Eventually, the couple saved enough, and by 1995, after more than a decade, they happily moved into their own apartment along with their two sons.

Their new home wasn’t far from Ben’s parents, as it was still within Isabel town. People were happy for the couple—for the first time, Marivic and Ben could live independently and make decisions for their family.

The couple worked hard to provide their children a better life. They were saving up to buy their own house and lot. But on November 15, 1995, their lives changed forever. Secretary Marivic was arrested and charged with parricide for allegedly killing her husband Ben.

People were shocked because at the police station, Marivic confessed to killing her husband. While some were stunned, others thought that because she had admitted it, the case would be open-and-shut and quickly resolved—but that wasn’t the case.

Not only did the case reach the Court of Appeals, but it also made history in the Philippines, as Marivic became the reason a new law was passed. To understand how it all happened, we need to go back to the time of the trial.

Marivic’s legal team tried to reduce her sentence by arguing that she acted in self-defense. As expected, Ben’s family stood united against Marivic, determined to get justice for their loved one. They took the witness stand one by one to defend Ben and destroy Marivic’s reputation.

First was Ben’s mother, Illuminada. She said they never approved of the relationship between Ben and Marivic because they were actually cousins—third cousins, to be exact. Fearing what others in their barangay would say, both families initially opposed the relationship. But the more they tried to stop them, the closer Ben and Marivic became.

Ben became increasingly protective of Marivic while she was in college. If any other man tried to get close to her, Ben made sure to scare them off. Eventually, both families accepted the relationship. Illuminada said that things started off well between the couple, but over time, the relationship became toxic. She claimed Marivic was demanding and violent.

She told the court that when Marivic gave birth to their first child, she stabbed Ben in the left hand during an argument. In November 1994, she struck Ben on the forehead, and the object even hit his eye. A third violent incident occurred in 1995 when Ben broke a bone and had to be taken to the clinic.

Next to testify was Alex, Marivic’s brother-in-law, who lived in the same house with them. He agreed that Marivic was violent and said she would often leave her family, only to return when Ben begged her to come back. Their toxic cycle continued.

He shared a story where he came home to find Ben bleeding while Marivic held a bottle. They took Ben to the clinic, but were shocked when the couple got back together again. Alex believed Ben took Marivic back because she begged him.

Neighbors testified as well, saying the couple often had loud, violent fights. But Marivic’s lawyer disagreed with the allegations.

To defend herself, Marivic testified in court. She admitted that they often fought, but claimed the statements made by her in-laws were incomplete. She said that things were only good at the beginning. But once they moved in with Illuminada, her husband and mother-in-law ganged up on her.

Instead of helping, Illuminada always sided with Ben without knowing her side of the story. Marivic also revealed that Ben was an alcoholic who spent his salary on booze. When she asked for help from her mother-in-law, she was scolded and accused of controlling Ben.

Marivic felt that instead of having an ally in her mother-in-law, she had another enemy. Frequent drinking led to more arguments. She clarified that Ben was the aggressor in the relationship and that she only defended herself.

On the night Ben died, they fought again—Marivic said it was the fifth time she had tried to leave him, but Ben always begged her to stay. Out of shame, she always took him back.

Two months before the crime, the barangay captain testified that Marivic had come to his office at 8 PM seeking help because Ben was abusing her. But since other barangay officials were unavailable that night, he asked her to return the next day—she never did.

What no one knew was that the abuse continued. Ben’s alcoholism worsened, and he also got addicted to gambling. When his salary ran out, he would pawn their belongings just to keep betting.

Marivic’s cousin, Esel Arano, said Marivic often begged to sleep at her place because she feared being beaten whenever Ben drank or lost money. One night when she stayed at their apartment, she woke up to Ben’s loud yelling. Marivic rushed to the other room with their kids, afraid Ben might hurt them too.

Dr. Dino Kaing also testified for Marivic, saying he had treated her many times and presented medical records showing her injuries. Their relationship worsened further when Marivic discovered Ben had another woman.

On the night of November 15, 1995, their pent-up anger exploded. Ben came home drunk and started another fight. Their neighbors heard them shouting. Marivic said it wasn’t just shouting—it turned physical. She claimed Ben punched, kicked, and dragged her for two hours.

Exhausted, she packed a bag to leave. But Ben stopped her, and in trying to defend herself, she hit him with a pipe. Ben retaliated by slashing her with a bolo knife. Fearing she wouldn’t survive or see her children again, Marivic grabbed Ben’s gun and shot him.

The prosecution asked—if it was truly self-defense, why did Marivic flee to Manila after the murder? Not only did she run away, but she also rented a room and applied for work.

Her lawyer explained she fled because she was pregnant at the time and feared Ben’s relatives would kill her. She wanted to give birth safely.

Despite their defense, the judge found Marivic guilty of parricide and sentenced her to death. But her lawyer didn’t give up, believing she suffered from battered woman syndrome.

Her team appealed the decision, and by 2000, Ben’s body was exhumed. Forensic expert Dr. Raquel Fortun confirmed Ben died from a gunshot to the head—not from being hit with a pipe. Dr. Daya, a clinical psychologist, testified that Marivic fit the profile of a battered woman—submissive, self-blaming, and afraid to leave.

Dr. Daya added that abusers often come from broken or dysfunctional homes. Despite the toxic relationship, Marivic may have stayed because she blamed herself or believed Ben would change—or didn’t want their kids to grow up in a broken home.

Despite the overwhelming evidence, the Court of Appeals upheld the guilty verdict, citing Marivic’s own testimony. She said that after Ben dropped the bolo, she hit him with a pipe and ran. But when she felt her blood pressure rise, fearing for her life and her unborn child’s life, she thought: If we’re going to die, I might as well take him with me. So she shot him.

The judge expressed sympathy but said, The law is the law. However, instead of the death penalty, he reduced the sentence to six years and one day. Since Marivic had already served her time, she was released.

Her case left a lasting impact. It became the basis for the swift passage of Republic Act 9262, also known as the Anti-Violence Against Women and Children Act of 2004. The law states that if a woman commits a crime as a result of prolonged abuse, she cannot be imprisoned.