Dear PAO,

I have a child born out of wedlock. Since I gave birth, the father of my child left me. After several years, I had a relationship with a woman and we planned to live together. However, when we had a heated argument about our finances, she became physically violent. I thought this was only an isolated incident but she would always be physically violent whenever we have an argument about money. I want to know whether I could file a VAWC case against my partner.|

Sarah

Dear Sarah,

First and foremost, we should define violence against women and children. As defined by Section 3 (a) of Republic Act (RA) 9262 or the Anti-Violence Against Women and Their Children Act:

“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.”

One of the acts punishable under this act is physical violence committed against women and their children, viz.:

“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; x x x”

The question now is who may be punished under this Act. It is clearly stated under Section 3(a) of the said act that violence against women and/or their children may be committed by “any person.” Moreover, in the case of Sandra Jane Gagui Jacinto vs. Maria Eloisa Sarmiento Fouts, G.R. No. 250627, 07 December 2022, the Supreme Court, through Associate Justice Henri Jean Paul Inting, ruled that RA 9262 applies to lesbian relationships:

“However, this issue was already settled in the case of Garcia in this wise:

“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.”

Based on the above-quoted decision, the violence against women and their children may be committed by “any person.” In other words, it may be committed by a man or a woman against their woman partner and/or the latter’s children.

In your case, since you have a relationship with your partner, and the latter committed acts of physical violence, you may file a VAWC case against your partner since the law is clear that “any person” could commit violence against women and their children.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

We appreciate your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]