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Tessa Prieto has initiated a lawsuit against her former girlfriend for allegations of physical abuse. Does the anti-violence against women and children law extend to lesbian relationships?
MANILA, Philippines – Tessa Prieto, a prominent socialite and internet figure, has filed a complaint under the Anti-Violence Against Women and Children (VAWC) Act, also known as Republic Act (RA) 9262, against her ex-girlfriend, Angel Chua.
As reported by PEP.ph, Prieto submitted her complaint-affidavit to the Makati Prosecutor’s Office in July 2024.
In her interview with PEP.ph, Prieto detailed incidents where Chua displayed violent behavior towards her, with the most alarming confrontation reportedly occurring in July 2023.
Prieto recounted how their arguments escalated from verbal insults to physical confrontations. “I didn’t want to aggravate her because I could see that our disputes were becoming increasingly violent,” she stated.
Another incident highlighted by Prieto involved her usually being capable of calming Chua during outbursts, but on this occasion, she was unsuccessful. Prieto described how Chua seized her phone and began filming while attacking her. During the confrontation, Prieto claimed Chua pinned her down, choked her, and forced her fingers into her mouth while the camera was still rolling.
Are Lesbian Relationships Covered by Anti-VAWC Law?
Despite knowing that the anti-VAWC law in the Philippines primarily addresses violence perpetrated by men against women, Prieto decided to pursue the case against Chua.
Significantly, in May 2023, the Supreme Court confirmed that the anti-VAWC law is applicable to lesbian relationships. This ruling was solidified when the High Court’s Third Division dismissed a petition for review by Sandra Jane Gagui Jacinto, who was contesting charges of violating the anti-VAWC law.
Jacinto faced allegations of assault against her live-in partner, Maria Eloisa Sarmiento Fouts, leading to the filing of the case in 2018.
The VAWC law defines violence as “any act or series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom he 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 outside the family home, that results in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse.”
In rejecting Jacinto’s motion to dismiss, the Supreme Court referred to principles from the 2013 Garcia v. Drilon case. It underscored the inclusive use of the term “person” within the law, indicating that the only requirement is that the victim must be female, without specification of the gender of the perpetrator.
The ruling stated, “VAWC may likewise be committed against a woman with whom the person has or had a sexual or dating relationship.” This explicitly encompasses lesbian partnerships.
According to the Philippine Commission on Women, a person found guilty of VAWC may face imprisonment ranging from one month and one day to 20 years, along with potential damages between P100,000 to P300,000, and mandatory psychological counseling or psychiatric treatment.
As of September 2024, the Makati Prosecutor’s Office formally charged Chua with violating Section 5a of RA 9262 for causing physical harm to Prieto, with the recorded video evidence being critical to the case.
As of January 30, per PEP.ph, a petition to review the prosecutor’s decision to charge Chua remains pending.
