The Supreme Court affirmed that Republic Act No. 9262 (RA 9262), also known as the Anti-Violence Against Women and Their Children Act, applies to lesbian relationships. This means that women in same-sex relationships are protected under the law from violence inflicted by their partners, just as women in heterosexual relationships are. The ruling clarifies that the law’s use of gender-neutral terms like ‘any person’ encompasses individuals regardless of sexual orientation, ensuring broader protection against domestic abuse.

When Love Turns to Harm: Does VAWC Protect Women in Lesbian Relationships?

This case, Sandra Jane Gagui Jacinto v. Maria Eloisa Sarmiento Fouts, arose from a dispute between two women who had been in a relationship for 16 years. Maria Eloisa Sarmiento Fouts (respondent) filed a complaint against Sandra Jane Gagui Jacinto (petitioner), alleging acts of violence and abuse. Jacinto, in turn, filed a Motion to Quash the Information, arguing that RA 9262 does not apply to lesbian relationships.

The Regional Trial Court (RTC) denied the motion, citing Section 3(a) of RA 9262 and the Supreme Court’s previous ruling in Garcia v. Drilon, which held that the law’s use of the gender-neutral term ‘person’ includes same-sex relationships. Jacinto then elevated the case to the Supreme Court, questioning whether the RTC erred in denying her motion to quash. She argued that the Garcia ruling was merely an obiter dictum (an opinion not essential to the judgment) and that applying RA 9262 to lesbian relationships would unfairly protect one woman while denying the other equal protection.

The Supreme Court denied the petition on two grounds: first, because a motion to quash is an interlocutory order and therefore not appealable, and second, because RA 9262 indeed applies to lesbian relationships. The court emphasized that the remedy against the denial of a motion to quash is to enter a plea, proceed to trial, and, if the decision is adverse, reiterate the challenge on appeal from the final judgment. To understand the court’s position, it is crucial to examine the relevant provisions of RA 9262.

Section 5(a) of RA 9262 identifies the acts of violence covered by the law:

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is committed through any of the following acts:

(a) Causing physical harm to the woman or her child; xxx

Section 3(a) defines ‘violence against women and their children’:

SECTION 3. Definition of Terms.- As used in this Act,

(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.

xxx

Building on this foundation, the Court addressed the petitioner’s argument that the reference to ‘any person’ in Section 3(a) could not include women in lesbian relationships. The Court reiterated its stance in Garcia v. Drilon, stating that the gender-neutral term ‘person’ encompasses lesbian relationships. This interpretation aligns with the legislative intent to protect women from violence, regardless of their sexual orientation.

The petitioner argued that the Garcia ruling was an obiter dictum. However, the Supreme Court clarified that the applicability of RA 9262 to lesbian relationships was not merely an incidental opinion but a direct response to the issue of whether the law unfairly discriminated against men. Therefore, the court’s statement in Garcia was a resolution of a central issue, not an obiter dictum.

Associate Justice Singh, in his concurring opinion, further emphasized that a contrary interpretation of the Anti-VAWC Act would discriminate against women in same-sex relationships. Such an interpretation would disregard the purpose of the law: to protect women from intimate partner violence, a protection that should not be conditioned on gender or sexual orientation.

Justice Singh highlighted the legislative intent behind the Anti-VAWC Act, referencing the Bicameral Conference Committee Meeting where the issue of including lesbian relationships was specifically addressed. During the meeting, legislators confirmed their intent to extend the law’s protection to women in lesbian relationships, ensuring that the term ‘any person’ would cover both men and women.

The Supreme Court’s interpretation is also consistent with the constitutional right to equal protection under the law. Excluding women in lesbian relationships from the protection of RA 9262 would create an unjustifiable distinction, as intimate partner violence is no less harmful in same-sex relationships. Protecting women from intimate partner violence is the purpose of the Anti-VAWC Act, and this protection must extend to all women, regardless of their sexual orientation.

The Court stated that:

…[T]he history of the women’s movement against domestic violence shows that one of its most difficult struggles was the fight against the violence of law itself. If we keep that in mind, law will not again be a hindrance to the struggle of women for equality but will be its fulfillment.

Therefore, the Supreme Court’s ruling underscores the importance of interpreting laws in a manner that promotes equality and protects vulnerable groups from violence and discrimination.

FAQs

What was the key issue in this case?	The key issue was whether the Anti-Violence Against Women and Their Children Act (RA 9262) applies to lesbian relationships. The petitioner argued it did not, while the respondent contended it did.
What did the Supreme Court rule?	The Supreme Court ruled that RA 9262 does apply to lesbian relationships, affirming that the law’s use of the term ‘any person’ encompasses individuals regardless of sexual orientation. This ensures women in same-sex relationships are protected from violence by their partners.
Why did the petitioner file a Motion to Quash?	The petitioner filed a Motion to Quash the Information, arguing that the facts charged did not constitute an offense under RA 9262 because she believed the law did not apply to lesbian relationships. She thought she could not be charged under that particular law.
What is an ‘obiter dictum,’ and why was it relevant in this case?	An ‘obiter dictum’ is a statement made by a court that is not essential to its decision and is therefore not binding as precedent. The petitioner argued that the Garcia v. Drilon ruling, which stated RA 9262 applies to lesbian relationships, was an obiter dictum, but the Supreme Court rejected this claim.
What is the significance of the term ‘any person’ in RA 9262?	The term ‘any person’ in RA 9262 is significant because it is gender-neutral. The Supreme Court interpreted this to include individuals of any gender or sexual orientation, ensuring that the law protects women from violence regardless of the perpetrator’s gender.
How does this ruling promote equality?	This ruling promotes equality by ensuring that women in same-sex relationships receive the same legal protections as women in heterosexual relationships. It prevents discrimination based on sexual orientation and recognizes that intimate partner violence can occur in any type of relationship.
What was the legislative intent behind RA 9262 regarding same-sex relationships?	The legislative intent, as discussed during the Bicameral Conference Committee Meeting, was to include lesbian relationships under the protection of RA 9262. Legislators clarified that the term ‘any person’ was intended to cover both men and women, ensuring comprehensive protection for women.
What is the effect of denying a Motion to Quash?	Denying a Motion to Quash is an interlocutory order, meaning it is not immediately appealable. The defendant must proceed to trial, and if convicted, can then raise the denial of the Motion to Quash as an error on appeal from the final judgment.

In conclusion, the Supreme Court’s decision in Jacinto v. Fouts solidifies the principle that RA 9262 protects all women from violence, regardless of their sexual orientation. This ruling aligns with the constitutional guarantee of equal protection and ensures that victims of domestic abuse receive the legal protections they deserve, fostering a more equitable and just society.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: SANDRA JANE GAGUI JACINTO, VS. MARIA ELOISA SARMIENTO FOUTS, G.R. No. 250627, December 07, 2022