G.R. No. 242133, April 16, 2024
ROSELYN AGACID Y DEJANIO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES AND MARIA ALEXANDRIA BISQUERRA Y NUEVA, RESPONDENTS.

FACTS

This case involves a Petition where the petitioner, Roselyn Agacid, a woman, was charged with violating Section 5(a) of Republic Act No. 9262, the Anti-Violence Against Women and Their Children Act (Anti-VAWC Act). The petitioner’s appeal is anchored on the assertion that, as a woman, the charge against her should be quashed. She argues that: (1) the prior pronouncement in Garcia v. Drilon regarding the applicability of RA 9262 to lesbian relationships is a mere obiter dictum; and (2) the legislative intent of the law is only to protect women from the abusive acts of men, not from fellow women.

ISSUE

Whether a woman may be considered an offender under Republic Act No. 9262 in a case involving violence against another woman with whom she has or had a sexual or dating relationship.

RULING

Yes. The Petition is denied. The concurring opinion of Justice Singh, fully agreeing with the ponencia of Senior Associate Justice Leonen, reiterates that women may be offenders under RA 9262. The Court has previously ruled on this issue in Garcia v. Drilon and Jacinto v. Fouts, affirming that the law encompasses lesbian relationships. The plain meaning of the law under Section 3(a) uses the gender-neutral terms “any person” and “the person,” which pertain to a person without qualification as to gender, gender expression, or sexual preference. Furthermore, the legislative intent, as clearly recorded in the transcripts of the Bicameral Conference Committee meetings, confirms that Congress intended the Anti-VAWC Act to cover lesbian relationships and that the offender can be either a man or a woman. The law is a progressive piece of legislation designed to protect all women from intimate partner violence, regardless of the gender of the abuser.