Can a Woman Be Charged with VAWC Against Another Woman?
TL;DR: Can a woman be criminally prosecuted for domestic violence against another woman in the Philippines? Absolutely. In the landmark En Banc decision of Roselyn Agacid y Dejanio v. People of the Philippines and Maria Alexandria Bisquerra y Nueva (G.R. No. 242133), the Supreme Court ruled that Republic Act No. 9262 (the Anti-VAWC Act) applies to lesbian and same-sex relationships. The law uses the gender-neutral term “any person” to define abusers, making it clear that a female partner who inflicts physical or emotional abuse cannot hide behind her gender to escape jail time.
A common misconception about Republic Act No. 9262, or the Anti-Violence Against Women and Their Children Act of 2004, is that it is a law exclusively designed to punish abusive men. Because the legislative history heavily references protecting women from male dominance, many assume that domestic abuse within the LGBTQI+ community falls outside the scope of criminal VAWC courts.
However, the Supreme Court shattered this assumption. The Court made it explicitly clear that intimate partner violence is a power issue, not just a gender issue—meaning the law protects all women, regardless of whether their abuser is a man or a woman.
The Story Behind the Case: A Starbucks Meeting Turned Violent
The case stems from a toxic breakup between two women, Maria Alexandria Bisquerra and Roselyn Agacid. The pair had been in a committed live-in relationship for four years until they parted ways in March 2014.
On August 31, 2014, they agreed to meet at a Starbucks in Ali Mall, Cubao, so Alexandria could return items Roselyn had given her during their time together. Roselyn arrived hoping to repair the relationship, but Alexandria stood firm on the breakup.
Furious, Roselyn lost her temper. She slapped Alexandria and stabbed her in the right forearm with a cutter. Alexandria fled, sought help from mall security guards, and received medical treatment for her lacerated arm before filing a criminal complaint at the police station.
The Quezon City Prosecutor’s Office officially charged Roselyn with physical abuse under Section 5(a) of R.A. No. 9262.
Roselyn fought back by filing a Motion to Quash the criminal charge. Her defense was straightforward: she argued that as a woman, she was legally incapable of violating the Anti-VAWC Act. She claimed the law’s text and legislative intent were solely designed to shield women from physically stronger male partners. Both the trial court and the Court of Appeals rejected her logic, prompting her to elevate the issue to the highest court.
The Supreme Court’s Doctrine: “Any Person” Means Exactly That
The Supreme Court denied Roselyn’s petition and affirmed that she must stand trial, establishing critical legal frameworks for how domestic violence applies to diverse relationships:
1. The Plain Text is Gender-Neutral for Offenders
The Supreme Court looked directly at the statutory language of Section 3(a) of R.A. No. 9262, which defines VAWC as acts committed “by any person” against a woman with whom they have or had a sexual or dating relationship.
The Court’s Textual Standard: Where the law is clear, there is no room for interpretation—only application. The phrase “any person” contains no qualifications regarding gender, gender expression, or sexual orientation. While the law uses pronouns like “his” when referencing traditional marriage structures (since same-sex marriage is not yet recognized in the Philippines), it purposefully shifts to gender-neutral language for dating and sexual relationships.
2. Abuse is a Matter of Power, Not Just Gender
The defense argued that the law was strictly built around the physical disparity between men and women. The Supreme Court countered this by explaining that portraying women only as helpless victims of men reinforces patriarchal stereotypes and renders empowered women invisible.
Violence within an intimate relationship is born from an imbalance of power, manipulation, and control. A lesbian partner who physically, psychologically, or economically maltreats her female lover exercises the exact same abusive dynamics as a male perpetrator.
3. Equal Protection Under the Law
The Court emphasized that withholding VAWC protections from women in lesbian relationships would be highly discriminatory. It would signal to the LGBTQI+ community that their relationships are less valid and deserve lesser protection from state authorities. Under the Equal Protection Clause of the Constitution, all women facing intimate partner violence are entitled to the exact same legal shields, regardless of who their partner is.
What This Means for Same-Sex Partners and the LGBTQI+ Community
This ruling serves as a vital legal anchor for domestic safety within non-traditional family structures in the Philippines:
- Gender is Not a Legal Loophole: A female abuser faces the exact same criminal liabilities, bail requirements, and potential prison sentences under R.A. No. 9262 as a male abuser.
- The Intent Was Explicit: The Supreme Court cited the original 2004 Bicameral Conference records, proving that lawmakers explicitly discussed and agreed that the transcript should state lesbian relationships are covered under “dating relationships”.
- Protection Follows the Victim: For a VAWC case to prosper, the only gender requirement that strictly matters is that the victim must be a woman or her child. The law remains completely blind to the gender of the person standing in the boxer’s box.
Frequently Asked Questions (FAQs)
Can a woman get a Barangay Protection Order (BPO) or Temporary Protection Order (TPO) against another woman?
Yes. Because the Supreme Court affirms that R.A. No. 9262 fully covers same-sex and lesbian relationships, any protection mechanisms under the law—including BPOs from the barangay or TPOs/PPOs from the family courts—are completely available to a female victim seeking to keep an abusive female partner away.
Does this mean a man can also file a VAWC case against a woman who abuses him?
No. The law is strictly gender-specific regarding the victim. The text explicitly dictates that VAWC is committed “against a woman… or against her child”. While an abusive female partner can be prosecuted if her victim is a woman, a man who is abused by a woman cannot file a case under R.A. No. 9262. Instead, a male victim must file traditional criminal charges under the Revised Penal Code, such as Physical Injuries, Slander, or Grave Coercion.
Can a trans woman be charged as an abuser, or seek protection as a victim under this law?
Yes. Based on the gender-neutral definition of an offender (“any person”), anyone can be charged as an abuser regardless of their gender identity. Furthermore, the law’s protective mandate applies to women in dating relationships. In line with the Court’s progressive view on human rights and protection from intimate partner violence, the focus remains on eliminating the dynamic of domestic abuse within vulnerable relationships.
Atty. Winston B. Chua