Dear Atty. Maan,

My aunt has been in a committed relationship with her same-sex partner for some time now. Recently, I’ve noticed troubling behavior that suggests there may be abuse occurring, and she often comes to us visibly distressed. I’m aware that there’s a law in place, the Anti-Violence Against Women and Their Children Act, that protects women in abusive situations. Does this protection still apply if the person causing harm is also a woman?

Sheila

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Dear Sheila,

Yes, the Supreme Court has declared that hat violations of the law on Anti-Violence against Women and their Children (VAWC) can be committed not only by men but also by women in lesbian relationships. In the case of Jacinto v. Fouts, G.R. No. 250627, [7 December 2022], the Supreme Court reiterated its ruling in the landmark case of Garcia v. Drilon, G.R. No. 179267, [25 June 2013] to wit:

RA 9262 applies to lesbian relationships.

“There is likewise no merit to the contention that RA 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). Xxx”

Further in the recently decided case of Agacid vs. People of the Philippines, G.R. No. 242133, [16 April 2024] the Supreme Court has unanimously ruled that Republic Act 9262, or the Anti-Violence Against Women and Their Children Act of 2004 (Anti-VAWC Act), grants protection to women-victims not only from men, but also from women, with whom they are in an intimate relationship. To wit:

“In this light, it may be said that violence in the context of intimate relationships should not be seen and encrusted as a gender issue; rather, it is a power issue.[49] (Citations omitted)

Thus, understanding women’s struggle only as a gender issue might present a simplistic understanding as it fails to paint a complete picture of why this phenomenon occurs. The oppression of women is a result of the patriarchal view that women are proper subjects of dominance. Their oppression is not simply because they are women and that their oppressors are always men. Some women, because gender is a cultural issue, can also imbibe the patriarchal culture that other women are reduced to weak objects when they are in intimate relationships. That a woman is subjected to violence because of this view, no matter the identity the perpetrator is sufficient to trigger the law’s protection.”

Hope this helps.

Atty. Mary Antonnette Baudi