Julius Molina Baltazar – JD1

Subject: Criminal Law 2 The Violence Against Women and their Children Act (RA 9262) applies to same-
Title: Dejanio vs. People of the Philippines sex relationships, meaning a woman can be charged under the law if she
commits acts of violence against her female partner, reaffirming that the
SECTION 5. Acts of Violence Against Women and Their Children. - The crime of protection of the law is triggered by the victim being a woman in an intimate
violence against women and their children is committed through any of the partner relationship regardless of the gender of the perpetrator; essentially
following acts: stating that the law is not meant to perpetuate gender stereotypes and women
can be held accountable for their actions against other women.
(a) Causing physical harm to the woman or her child;
G.R. No. 242133 Date: April 16, 2024
Ponente: LEONEN, SAJ. Notes!
TOPIC: Republic Act No. 9262 “Anti-Violence Against Women and Their Children Act of The Court of Appeals limited its discussion on the propriety of the remedy of certiorari. In
2004" ultimately dismissing the Petition, it found that petitioner still had the plain, speedy, and
SUMMARY: The case involved a woman named Roselyn Agacid who was accused of adequate remedy of entering a plea of not guilty during arraignment, participating in the trial,
physically abusing her partner, Maria Alexandria Bisquerra. Agacid argued that and if convicted, appealing the judgment.41 Furthermore, petitioner failed to show that the
the law did not apply to her because she was a woman and the law was Regional Trial Court acted with grave abuse of discretion, when in truth, all it did was "to abide by
intended to protect women from men. its duty to evaluate and resolve the motion to quash and the subsequent motion for
The Supreme Court ruled in favor of the prosecution, finding that the law reconsideration in accordance with procedural rules.
applies to women victims of intimate partner violence regardless of the gender
of the perpetrator. The court noted that the law is gender-neutral in its use of From the plain text of the law, it is clear that the offense may be committed "by any person"
language and that it recognizes women's free will and capacity for independent against a woman or her child. The law uses a gender-neutral term when referring to offenders.
action. Thus, the Office of the Solicitor General correctly pointed out that further interpretation and
FACTS: Roselyn Agacid and Maria Alexandria Bisquera were in a lesbian relationship determination of legislative intent are not necessary because there is no ambiguity in the law.
until they Their break-up in 2014. After their break-up, they met for purposes of
Maria returning to Roselyn the things the latter gave to her during their Contrary to petitioner's submission that the foregoing disquisition in Garcia was a mere obiter
relationship. However, during their meetup, Roselyn slapped and stabbed dictum, the Court notes that one of the issues raised in Garcia is the supposed discriminatory and
Maria. Thereafter, Maria filed a VAWC case against Roselyn. Roselyn then filed unjust provisions of [Republic Act No.] 9262 which are likewise violative of the equal protection
a motion to quash the information filed against her on the ground that Maria clause. The foregoing discussion of the Court as to the applicability of the law to lesbian
has no cause of action because VAWC is only applicable in men and women relationships is clearly a resolution of the particular issue raised in Garcia and not a mere obiter
relationships. Roselyn further argued that the decision in Garcia vs Drilon which dictum or an opinion of the Court. The statement of the Court that "[t]here is likewise no merit to
stated that VAWC is applicable in lesbian relationships was merely an obiter the contention that [Republic Act No.] 9262 singles out the husband or father as the culprit"
dictum. further amplifies that the issue of whether [Republic Act No.] 9262 only applies to male
ISSUE/S: Whether or not RA 9262 is applicable in lesbian relationships. perpetrators was indeed raised in the said case. (Citation omitted)
RULING: Yes. Section 3(a) of RA 9262 defines “Violence against women and their
Thus, when Jacinto said that the law likewise applies to lesbian relationships, this was in response
children” as any act or a series of acts committed by any person against a
to the petition in Garcia as it shows that the law is indeed not discriminatory.
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
The purpose of [Republic Act No.] 9262 is to protect and rescue women and their children from
or against her child whether legitimate or illegitimate, within or without the
distinct and unique forms of violence known as [Violence Against Women and Their Children]. It is
family abode, which result in or is likely to result in physical, sexual,
the distinctiveness and uniqueness of [Violence Against Women and Their Children] that sets it
psychological harm or suffering, or economic abuse including threats of such
apart from other crimes. [Violence Against Women and Their Children] owes its distinctiveness to
acts, battery, assault, coercion, harassment or arbitrary deprivation or liberty.
the domestic, private, hidden and invisible relationships from which these forms of violence
DOCTRINE: "Violence against women and their children" refers to any act or a series of acts
emanate and gain significant uniqueness.
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
A lesbian who maltreats . . . her female partner physically, psychologically. economically cannot
relationship, or with whom he has a common child or against her child whether
be any different from a male perpetrator of [Violence Against Women and Their Children] or a
legitimate or illegitimate, within or without the family abode, which result in or
mother-in-law who conspires with her daughter-in-law's partner to commit [Violence Against
is likely to result in physical, sexual, psychological harm or suffering, or
Women and Their Children] against her. The same object of [Republic Act No.] 9262's protective
economic abuse including threats of such acts, battery, assault, coercion,
mandate is given succor—the woman.
harassment or arbitrary deprivation or liberty.
The violence is as distinctive and unique as those that make [Violence Against Women and Their
0
Children committed by men] deserving of this special attention. Indeed, to exclude lesbians from
RATIO: From the plain text of the law, it is clear that the offense may be committed "by
the protective mantle of [Republic Act No.] 9262 would . . . create an artificially and arbitrarily
any person" against a woman or her child. The law uses a gender-neutral term
privileged section or domestic violence that is exempt from scrutiny when other facets or
when referring to offenders. Thus, the Office of the Solicitor General correctly
domestic violence somehow similarly situated would otherwise be ordinarily prosecuted as such.
pointed out that further interpretation and determination of legislative intent
are not necessary because there is no ambiguity in the law.
To be sure, while intersectionality would better inform, the distinctiveness and uniqueness of
lesbian relationships, the same impunity, invisibility, and imbalanced power relationships that
characterize [Violence Against Women and. their Children committed by men] and [what Republic
Act No.] 9262 aims to eradicate also infect and afflict lesbian relationships. As experts have put it,
abusive tactics can be used in any relationship, regardless of gender.