This is a case about Republic Act 9262 or the law on violence against women and children, which usually involves a husband committing violence against his wife. The issue resolved here is whether said law applies to lesbian relationships.
This is the case of Sarah and Lisa, who have been in a relationship for 16 years until they broke up while celebrating Christmas in Hong Kong. When they got back to the country, Sarah would come to their house to get her belongings then leave to spend the night with her lover.
Sarah then asked Lisa to stop using her credit card, because Lisa still owed her P3 million.
Later, Sarah demanded that Lisa leave the house and forced her to sign a Deed of Sale over the said house. Lisa refused to leave and sign the Deed of Sale. Because of Lisa’s continued refusal, Sarah became angry and violent, threatening to break everything and burn down the house.
These threats caused Lisa to suffer chest pain and difficulty in breathing, forcing her to seek medical treatment in a hospital where she was confined.
Sarah visited Lisa in the hospital and tried to make amends. When they went home, Lisa said that Sarah forced her to take a drug that caused her to feel weak and lose consciousness.
Two days later when she regained consciousness, she was already naked, with Sarah on top of her taking photos and videos of her. Lisa begged Sarah to delete the photos, fearing that Sarah might kill her or have her killed.
Lisa followed Sarah to her car but Sarah repeatedly crushed her hand with the door of the car, causing her to fall to the floor and suffer fracture of the left wrist that required surgery and physical therapy.
So Lisa filed a complaint against Sarah for violation of RA 9262 for willfully, unlawfully and feloniously attacking, assaulting and employing violence upon her.
For her part, Sarah filed a Motion to Quash, alleging that the complaint was filed against her only to seek leverage for the complaint she filed against Lisa for reconveyance, annulment of title in the Regional Trial Court (RTC). She insisted that she alone purchased and built the house and that Lisa merely stayed there after their breakup.
She further alleged that after Lisa was discharged from the hospital, Lisa seduced her to have sex with her and asked her to take pictures of them while they were naked. She also claimed that the facts charged in the information do not constitute an offense because RA 9262 does not apply to a lesbian relationship.
The RTC, however, denied the Motion to Quash on the ground that any person could be liable, whether the violator is a man or woman. Was the RTC correct?
Yes, in a petition for Certiorari filed by Sarah before the Supreme Court (SC) questioning said order, the SC ruled that there is no merit in Sarah’s contention that RA 9262 does not apply to a lesbian relationship.
Violence against women and 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 had a sexual or dating relationship or with whom she has a common child, or against the child, whether legitimate or illegitimate, within or outside the family abode, which result in physical, sexual or psychological harm or economic abuse, including threats of such acts, battery or assault, coercion, harassment or arbitrary deprivation of liberty. (Section 3 (a) RA 9262).
Clearly, the use of the gender-neutral word “person” who has a had sexual or dating relationship with a woman with whom the person has a dating or sexual relationship encompasses even lesbian relationships.
So Sarah’s petition is denied (Jacinto vs. Fouts, G.R No.250627, Dec. 7, 2022).
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