Dear PAO,

My live-in partner has been physically and verbally abusing me ever since I gave birth to our firstborn child. He told me that I cannot file a case against him for violence against women as I am his mistress. Do I have any legal basis for relief, even if I am basically considered as a mistress?

Miranda

Dear Miranda,

Please be informed of Section 3 (a) of Republic Act 9262, or the “Anti-Violence Against Women and Their Children Act of 2004,” which states that:

“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 of liberty. x x x”

As provided under Section 3 (a) of the aforementioned law, women with whom the person has or had a sexual or dating relationship, or with whom he has a common child, are covered under the protection of the law. The law did not mention that such a woman must be the legal wife, nor did it exclude women in illicit relationships. The latest pronouncement of the Supreme Court in the case of XXX vs. AAA, BBB and MINOR CCC (GR 187175, July 6, 2022, Ponente: Associate Justice Marvic Mario Victor Leonen), also supports this conclusion, wherein it held that:

“Petitioner argues that although Republic Act 9262 applies to a woman whom one has or had a sexual or dating relationship, this should be interpreted to mean a relationship ‘without any legal impediment to marry each other’ which, therefore, excludes AAA whom he alluded to as his ‘mistress or paramour.’ Allegedly, AAA cannot take protection from a law that is intended to safeguard the legitimate family. x x x

“Unmistakably, as petitioner’s live-in partner to whom petitioner has children, AAA falls under the coverage of Republic Act No. 9262. The law protects women and their children from various forms of violence and abuse committed within a setting of an intimate relationship. There is nothing in the law pointing to the limitation advanced by petitioner. Thus, when the law does not make any distinction, then it follows that neither should the courts.”

Hence, even if you are considered as a mistress, the Anti-Violence Against Women and Their Children Act of 2004 will protect you from violence and abuse committed within a setting of an intimate or dating relationship, as the law does not distinguish between a woman who is a mistress and a legal wife.

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

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]