VAWC Act Applies to Lesbian Relationships: Women Can Be Held Liable as Offenders

The Supreme Court has settled a significant question under Republic Act No. 9262, the Anti-Violence Against Women and Their Children Act of 2004: can a woman be held criminally liable for abusing her female partner? In Agacid v. People (G.R. No. 242133, April 16, 2024), the Court ruled that the law applies even when the perpetrator is a woman, so long as the victim is a woman. This decision clarifies that the protection of the VAWC Act extends to all women, regardless of the gender of their abuser.

The Facts of the Case

In August 2014, Maria Alexandria Bisquerra filed a complaint against her former partner, Roselyn Agacid. The two had been in a four-year relationship that ended in March 2014. On the day of the incident, they met at a coffee shop in Quezon City so Bisquerra could return items Agacid had given her during their relationship.

According to the complaint, Agacid became angry when Bisquerra insisted on the breakup. Agacid allegedly slapped Bisquerra and stabbed her on the right forearm with a sharp object, causing a laceration. Bisquerra sought help from mall guards, had her wound treated at a hospital, and then filed a complaint with the police.

Agacid was charged with violation of Section 5(a) of Republic Act No. 9262 before the Regional Trial Court of Quezon City.

The Issue Raised

Agacid moved to quash the Information, arguing that a woman cannot be charged under the VAWC Act. She claimed the law was intended to protect women from the abusive acts of men, not from other women. She pointed to phrases in the law like "husband and wife" and argued that the law only covers heterosexual relationships.

The trial court denied her motion, relying on the Supreme Court's earlier ruling in Garcia v. Drilon (712 Phil. 44 [2013]). Agacid then went to the Court of Appeals, which also denied her petition. She elevated the case to the Supreme Court.

The Supreme Court's Ruling

The Supreme Court denied Agacid's petition and affirmed that the VAWC Act applies to lesbian relationships. The Court looked at the plain text of the law, specifically Section 3(a), which defines violence against women and their children as acts "committed by any person" against a woman. The phrase when defining who may commit violence against women and their children.

• The victim's gender is what matters. The law's protection is triggered when a woman is the victim of intimate partner violence, regardless of the abuser's gender.
• Prior rulings support this interpretation. Garcia v. Drilon and Jacinto v. Fouts both recognized that the VAWC Act applies to lesbian relationships.
• The law addresses power dynamics, not just gender. Violence in intimate relationships is treated as a power issue, and the law protects all women from such abuse.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.