SC: Anti-VAWC law covers lesbian relationships

MANILA, Philippines — Violence committed in lesbian relationships is covered by Republic Act 9262 or the Anti-Violence Against Women and their Children (VAWC) Act of 2004, the Supreme Court (SC) ruled in a case that saw a woman accused of physically harming her partner try to have the case dismissed due to their sexual orientation.

In a 10-page resolution dated Dec. 7, 2022, the SC’s Third Division junked the petition to dismiss the case.

Based on court records, the partner had been hospitalized several times following their breakup. The pair, however, remained in contact over an alleged debt worth P3 million that the defendant owed her partner as well as a dispute over their house.

The defendant allegedly verbally abused her partner, drugged her to photograph and film her naked and crushed her wrist using a car door during an argument.

The charges were filed before the Antipolo City regional trial court (RTC) in 2018, prompting the accused to file a motion to quash that was subsequently denied.

The accused then raised the case to the SC, alleging that the RTC erred in denying her motion to dismiss the case.

“Petitioner’s main contention is that the facts charged in the information filed against her in the RTC do not constitute an offense because RA 9262 does not apply to lesbian relationships,” the SC decision read.

In ruling against the accused, the SC cited its previous ruling in Garcia vs. Drilon in 2013 – also cited by the Antipolo RTC – which states that “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,” the 2013 decision stated.

The Garcia vs. Drilon ruling added that “while the law provides that the offender be related or connected to the victim by marriage, former marriage, or a sexual or dating relationship, it does not preclude the application of the principle of conspiracy under the Revised Penal Code.”