VAWC applies to harassment in previous relationships

Can an accused be held liable under Republic Act 9262 (Anti-Violence Against Women and Their Children Act of 2004) for harassment even if this was committed after his relationship with the aggrieved party had ended?

In one case, the accused sent mocking and derogatory texts to a woman with whom he had a previous relationship. This was triggered when he found out the woman was maintaining a relationship with another man. The trial court convicted him under that law. The appellate court sustained the conviction. And so he brought up the matter to the Supreme Court.

As to whether the harassment constituted a Violence Against Women and Children (VAWC) violation even when committed after the relationship had ended, this is what the Highest Court had to say:

“Pursuant to Section 5(h)(5) of Republic Act 9262, the elements of violence against women through harassment are: (1) the offender has or had a sexual or dating relationship with the offended woman; (2) the offender, by themselves or through another, commits an act or series of acts of harassment against the woman; and (3) the harassment causes her alarm or substantial emotional or psychological distress.

“In other words, one element of violence against women through harassment is either a present or past sexual or dating relationship with the offended woman. Thus, as long as at the time the alleged crime was committed, the offender and the offended woman either were or used to be in a sexual or dating relationship, the foregoing element is present.

“Here, the Information clearly stated that at the time of the commission of the crime, petitioner and AAA were in a dating relationship, and that petitioner personally sent threatening and derogative text messages to the latter, causing her alarm and substantial emotional or psychological distress.

“Whether he and AAA were still in a dating relationship at the time the Information was filed is immaterial. Section 5(h)(5) of Republic Act 9262 provides one of the ways by which violence against women may be committed, 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: (h) engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child.

“This shall include, but not be limited to, the following acts: (5) engaging in any form of harassment or violence. Thus, as discussed, the elements of violence against women through harassment are: (1) the offender has or had a sexual or dating relationship with the offended woman; (2) the offender, by themselves or through another, commits an act or series of acts of harassment against the woman; and (3) the harassment causes her alarm or substantial emotional or psychological distress.

“As applied to the present case, first, it is undisputed that petitioner and AAA were in a sexual or dating relationship. As noted by the CA, both petitioner and AAA testified that they were in a clandestine romantic relationship for about two years despite being married to other people.

“Second, as previously discussed, the prosecution sufficiently established through AAA’s testimony — as well as petitioner’s judicial admission — that petitioner sent AAA multiple text messages constituting harassment from around July to August 2012. As stated by petitioner before the trial court, he sent AAA such ‘humiliating [and] threatening words’ because he felt hurt by the fact that she was living with another man and he was often drunk when texting her.

“As aptly added by the CA: It should be stressed that what is penalized under the law is the act of engaging in purposeful, knowing, or reckless conduct that alarms or causes substantial emotional or psychological distress to a woman or her child.

“In other words, what constitutes the crime is the commission of acts that cause psychological harm to a woman or her child. Here, accused-appellant admitted to sending text messages designed to produce mental anguish to private complainant. What is material is that accused-appellant, by his admission of authorship, knowingly and purposefully sent text messages that harassed private complainant, causing her psychological or emotional distress.

“Finally, as to the third element, We agree with the finding that the harassment inflicted upon AAA by petitioner caused her alarm or substantial emotional or psychological distress. Under Republic Act 9262, psychological violence refers to acts or omissions that cause or are likely to cause the victim’s mental or emotional suffering. One such form of psychological violence is harassment.

“In Araza v. People, the Court categorically held that in cases of psychological violence, proof that the victim became psychologically ill as a result of the psychological violence sustained by her is not required. Thus, to prove emotional anguish or mental suffering, for instance, jurisprudence only requires that the testimony of the victim be presented in court, as their experiences are personal to them.

“Similarly, whether a victim experienced alarm or substantial emotional or psychological distress as a result of the harassment inflicted upon her is an experience that is particular to her. Hence, her testimony — if found credible by the court — is sufficient to establish the element of alarm or substantial emotional or psychological distress.

“Based on the foregoing, We agree with the finding that AAA experienced alarm or substantial emotional or psychological distress at the hands of petitioner. Thus, all the elements of a violation of Section 5(h)(5) of Republic Act 9262 are present in the instant case.”

The facts and redacted quoted portion of the decision are from SC G.R. 276927 (19 January 2026).