Facts
Sandra Jane Gagui Jacinto and Maria Eloisa Sarmiento Fouts were involved in a relationship that lasted for approximately 16 years. The two lived together in the Philippines and later in Hong Kong, where they cohabited as a couple until the relationship ended in December 2017.
Following the breakup, a violent incident allegedly occurred on January 14, 2018. According to Fouts, while she and Jacinto were inside a vehicle, Jacinto forcibly slammed the car door on her wrist, causing serious physical injuries. Fouts underwent surgery and physical therapy as a result of the injury. She later filed a criminal complaint against Jacinto for violation of Republic Act No. 9262, also known as the Anti-Violence Against Women and Their Children Act of 2004 (Anti-VAWC Act).
Jacinto filed a motion to quash the Information, claiming that RA 9262 does not apply to lesbian relationships. She argued that the law is intended to protect women only from male abusers in heterosexual relationships. She further contended that the Supreme Court’s prior ruling in Garcia v. Drilon (2013), which recognized that the Anti-VAWC Act could apply even outside a marital context, should be treated as mere obiter dictum when it comes to same-sex partnerships.
ISSUE: Does RA 9262 or the Anti-Violence Against Women and Children Law apply to lesbian relationships?
Ruling
Yes, RA 9262 (Anti-VAWC Act) applies to lesbian relationships.
Sec. 5(a) of RA 9262 provides, to wit:
SECTION 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; xxx
On the other hand, Section 3(a) thereof defines violence against women and their children as follows:
SECTION 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.
Making reference to its earlier pronouncement in Drilon vs. Garcia, the Supreme Court reaffirmed that RA 9262 is gender-neutral with respect to the perpetrator, to wit:
There is likewise no merit to the contention that R.A. 9262 singles out the husband or father as the culprit. As defined above, VAWC may likewise be committed “against a woman with whom the person has or had a sexual or dating relationship.” Clearly, the use of the gender-neutral word “person” who has or had a sexual or dating relationship with the woman encompasses even lesbian relationships. Moreover, while the law provides that the offender be related or connected to the victim by marriage, former marriage, or a sexual or dating relationship, it does not preclude the application of the principle of conspiracy under the Revised Penal Code (RPC).