VAWC application

Dear Atty. Kathy,

I want to help my sister, S. She was in a romantic relationship with another woman, W, until they broke up early this year. When W went to our house to get her things, W pleaded to get back with S, but S was already decided in ending things between them. W got violent with S, and as a result, S suffered physical injuries. This is not the first time that W hurt S, so I warned W that we will file a case for violence against women and their children (VAWC) against her, but she said this is not applicable to her since the anti-VAWC law is only applicable if the offender is a man. Is W’s claim true?

Josh

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Dear Josh,

According to Republic Act 9262 (RA 9262), or the Anti-Violence Against Women and Their Children Act of 2004, Section 3(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 or liberty.

RA 9262 clearly states that the offense or the violence may be committed “by any person.” The use of the gender-neutral word “person” means any person, regardless of gender, may be the offender, such that, lesbian relationships are also covered. Therefore, W’s claim that the Anti-VAWC Act is not applicable to her and is only applicable if the offender is a man, is incorrect.

Further, according to jurisprudence, abusive acts can be used in any relationship, regardless of gender. Hence, a lesbian who maltreats her female partner within the purview of RA 9262 cannot be any different from a male perpetrator, as it is the object of RA 9262 to protect women and children from violence and threats to their personal safety and security.

In sum, as ruled by the Supreme Court in the case of Roselyn Agacid y Dejanio vs.People of the Philippines, et al. (G.R. 242133, 16 April 2025), RA 9262 or the Anti-Violence Against Women and Their Children Act of 2004 also applies even if the perpetrator is a woman, so long as the victim is a woman.

Atty. Kathy Larios