[The Application of the Anti-Violence Against Women Act to Lesbian Relationships in Philippine Jurisprudence]

The Supreme Court resolution in G.R. No. 250627 addresses a pivotal legal question: whether Republic Act No. 9262, the Anti-Violence Against Women and Their Children Act of 2004, applies to lesbian relationships. The case stemmed from a criminal charge filed by Maria Eloisa Sarmiento Fouts against her live-in partner, Sandra Jane Gagui Jacinto. The lower court denied Jacinto’s motion to quash the information, ruling that the protective mantle of RA 9262 extends to women in same-sex relationships. By taking the case on a petition for review, the Supreme Court signaled its intent to provide a definitive interpretation on the scope of the law, specifically whether the phrase “women and their children” includes women who are victims of violence perpetrated by another woman with whom they share an intimate partnership.

This legal issue carries profound social and mythological resonance, mirroring the ancient theme of the law’s domain and its power to name and protect relationships. In myth, laws are often delivered by gods to define the boundaries of civilized society and to protect the vulnerable from the tyranny of the strong. The petition in this case essentially questions whether the sanctuary of the law extends to a previously unnamed or unacknowledged group—lesbian partners. The Court’s task is akin to a hermeneutic exercise on a modern legal text, interpreting the legislative intent behind RA 9262 to decide if it covers the specific archetype of violence presented: not violence from a patriarchal figure, but from within a same-sex union. The resolution thus becomes a contemporary act of myth-making, where the judiciary defines which relationships are worthy of the state’s highest protection against violence.

The concurring opinion by Justice Singh suggests the Court’s deliberation involved nuanced legal philosophy. The final ruling, affirming the lower court’s stance, establishes a critical precedent. It mythologizes RA 9262 as a living instrument, capable of evolving to protect women from violence regardless of the perpetrator’s gender. This transforms the law from a mere statute into a broader protective principle, a shield for all women in intimate relationships. By doing so, the Court performs a literary and social function, expanding the narrative of protection and affirming that the evil sought to be remedied—violence in intimacy—is not confined to heterosexual paradigms. This resolution writes a new chapter in Philippine jurisprudence, ensuring that the legal system’s protection mirrors the complex realities of human relationships.

SOURCE: GR 250627; (December, 2022)