Professional Documents
Culture Documents
Introduction
To give emphasis on VAWC violation would always exist in a various manner and in
any type of persons. This problem which our country is facing in today’s generation- The
This country upholds the dignity of every citizen and the equal protection of law (1987
Philippine Constitution, Art III, Sec 1) as defined in R.A 9262 known as an act defining violence
against woman and their children, providing protective measures for victims, prescribing
The Philippine Government is just to show how right of every citizen especially women
and their children be valued. Our laws always to protect women and children but for people who
have a lesbian partner are they not afforded protection under VAWC just because it is not
recognized in the law as to which the Constitution would always advocate equal protection of
law.
1
Ecoben, Wenceslao., “R.A. 9262- Anti- Violence Against Women and Children”
2
Bernas, Joaquin G., SJ. (2009). The 1987 Philippine Constitution. Manila, Philippines: Rex Bookstore, Inc.
1
R.A 9262- or Anti Violation against Women and their Children (VAWC) was enacted to
law due to the effort of various groups advocating the elimination of violence against women
and their children to break their silence. The law recognized abuses committed against women
by their intimate partners as a violation of human rights. This marked the recognition of
domestic violence as a public offense. This is perpetrated not only against a private complainant
VAWC 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 sexual or
dating relationship or with whom he has a common child or against her child whether legitimate
of illegitimate with in 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. It includes but it is
not limited to the following acts: Physical violence includes bodily or physical harm. Sexual
violence refers to an act which is sexual in nature committed against a woman or her child.
Psychological happens when there are acts or omissions which cause perceptual or emotional
grief of the victim. Economic abuse refers to acts when there is removal of financial support,
denial of financial resources, abolishing household property and controlling the victim’s
personal money or possession or solely controlling the marital money or properties. It also
recognizes the battered woman syndrome as a legal defense. This must be punished according to
the rules provided under the Revised Penal Code depends on the gravity of the offense.3
Women may not be aware if there are certain defenses one can do in order to protect
3
Lobusta, Mikael S., et al “R.A. 9262: Anti- Violence Against Women and Children Law: An Assessment., 22 May 2014.
2
lesbian partner recently has been identified as an important social problem. Researchers have
Lesbian who abuse another women may do for some several reasons. Normally they
abuse partners to gain and maintain control. Lesbian batterers are motivated to avoid feelings of
loss and abandonment. Thus many violent incidents occur during threatened separations. This
may cause when lesbian batterers grew up in a violent household and where physically, sexually
This research seeks to examine R.A 9262: Anti Violence against Women and their
Children Law. Most particularly this research study aims to answer the following questions.
1. When could be the positive and negative effects of having a lesbian couple occur?
2. Can we limit VAWC as to male and female solely as provided by law nevertheless how
are those people who experienced abuse and suffering initiated by lesbian couple?
3. How can the abuse of women and children initiated by lesbian couple be lessened?
4
Rose, Suzana Ph.D., “ National Violence Against Women Prevention Research Center”
3
Objective of the Study
This research aims to amend the law implementation and effects of R.A 9262: Anti-
VAWC.
nevertheless there are people who experienced abuse and suffering initiated by
lesbian couple.
Significance of Study
There has been a long observation as to the existence of the abuse and suffering from a
lesbian couple that the lawmaker would not see these circumstances. The need to amend
For abused partners wanting security and protection. This study could assist them to
For counsels through the review of these cases will guide them on how to correlate
For the legal field this study could shed light to future researchers to briefly examine
what is happening to modern day society especially those people whose craving for rights and
justice.
4
Scope and Delimitation
The assessment on R.A 9262 is a research study to amend the implementation effect of it
in the respondent. It had been observed and analyzed the respondents’ awareness of law and
In this research study, the researcher limit to amend the law on lesbian subject solely.
This study was limited up to the extent of the researcher’s knowledge about the topic in
Definition of terms
1. Violence against women and their children (VAWC) – it 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,
2. Battery - it refers to an act of inflicting physical harm upon the woman or her child
5
3. Battered Woman Syndrome – it refers to a scientifically defined pattern of psychological
cumulative abuse.
4. Children - it refers to those below eighteen (18) years of age or older but are incapable of
taking care of themselves. It includes the biological children of the victim and other
Conceptual framework
Violation against women and their children (VAWC), the concept of violence does not limit
solely to physical violence but also sexual violence, psychological and economic abuse including threats.
The law penalizes any act 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.
Any violence can be present in all spheres of a woman's life due to the unjust aggressor
which happened to be her partner. As stated in the law only man can be the unjust aggressor
against his wife or partner but there are numerous cases found out that lesbian who happened to
be the partner inflicts pain and injury. People who has a lesbian partner are they not afforded
protection under VAWC just because it is not recognized in the law? This existing gap has
divulged to the existence of this kind of research to amend the law considering that lesbian could
also be an unjust aggressor. Lesbian partner could inflict physical, sexual, psychological and
6
economic abuse since they are acting and claiming that they are male and of superior to women.
Since many lesbian batterers grew up in violent households and were physically, sexually, or
verbally abused and/or witnessed their mothers being abused by fathers or stepfathers. Thus
prescribing penalties must be imposed according to R.A 9262 to protect the family and its
Summary of the
gathered information as
Legal Basis
to amend the application
INTERPRETATION
Data Collected of R.A 9262 if it would be
beneficial to those who
have a lesbian partner.
7
CHAPTER II
This Chapter presents the related literature and studies after the thorough and in -
depth search done by the researcher. It also includes ideas, finished thesis, generalization or
Related Literature
Lesbian Existence
The prevailing identification of Filipino lesbians is associated with the local use
positive image for Filipino lesbians (Lesbian Advocates Philippines 119). As local
literature suggests that the Philippine term “tomboy” produces a stereotype that
connotes financial and emotional instability(Ibid), the review opts to take on the
8
terms, lesbians and bisexual women throughout the review.With the continuing and
unfolding discussion on the Filipino LGBTQI identities, the review takes the general
The review adopts Adrienne Rich’s terms, “lesbian existence” and “lesbian
continuum” (Rich134) in lieu of lesbianism with the same reason that the last has a
clinical and limiting ring to it.Lesbian continuum includes a range – through each
the fact that a woman has had or consciously desired [genital] sexual experience with
another woman; it is through many forms of primary intensity between and among
women, including sharing of a rich inner life, the bonding against male tyranny, the
Lesbian existence comprises both the breaking of a taboo and the rejection of a
compulsory way of life. It is also a direct or indirect attack on male right of access to
women. But it is more than these, although we may first begin to perceive it as a form
point of the foregoing as the context of lesbians’ and bisexual women’s realities.
Though most profiled in the review do not reflect or outright manifest the above
characterization, the review shall illustrate how the above mentioned is implicated
along the discussion especially in the issues and experiences of lesbians and bisexual
9
Lesbian Love and Relationship
Three questions that should be priorities for future research on lesbian love and
relationships. The first question concerns the very definition of “lesbian relationship,”
childhood neglect and abuse on adult women's same-sex relationships, a topic that has
functioning. The third question concerns the potential downsides of legal marriage for
new found legal recognition of same-sex marriage in all 50 states. Although there are
research on these three questions has particularly strong potential to advance our
Dissolving Same-sex
Literature.https://www.academia.edu/594578/Lesbian_and_Bisexual_Women_in_the_Workplace_A_Review_of_Related_Liter
ature.
6
Diamond, Liza M., “Three Critical Questions for future research on lesbian relationship”,21 October 2016.
10
While prior research has compared same-sex to heterosexual relationships, very little
attention has been paid to the unique experiences of women dissolving same-sex relationships,
especially in the context of shifting legal and social policies. The current study examined the
experience of 20 women who dissolved their same-sex relationship between 2002 and 2014.
Participants were drawn from a longitudinal sample of same-sex and heterosexual couples and
were interviewed using a semi-structured protocol. Interviews focused on three primary research
questions: reasons for dissolution, emotional reactions, and role of legal status. While reasons
reactions and the role of legal status were both influenced by sexual minority-specific factors
related to minority stress and the recent societal changes pertaining to legal relationship
recognition. Results are interpreted in a framework of minority stress and the ongoing legacy of
Church Teaching
Since Building a Bridge, a book on ministering to lesbian, gay, bisexual and transgender
Catholics, was published, I have been asked—at Catholic parishes, retreat centers, colleges and
universities and conferences—a few questions that recur over and over. The most common are:
“What can we say to gay people who believe that God hates them?” “How can we help young
people who feel tempted to suicide because of their sexual orientation?” And “What can we say
to gay or lesbian Catholics who feel that their own church has rejected them?”
7
Balsam, Kimberly F., “Breaking up is hard to do: Women’s experience of dissolving their same sex relationship”, 7 September
2016
11
Another common question is about the church’s official teaching on homosexuality,
homosexual activity and same-sex marriage. Usually these questions are asked not by Catholics
who are unaware of the church’s teaching (for most Catholics know the teachings); rather they
are asked by Catholics who want to understand the basis for the church’s teachings on those
topics.
Building a Bridge intentionally steered clear of issues of sexual morality, since I hoped
to foster dialogue by focusing on areas of possible commonality; and the church hierarchy and
the majority of lesbian, gay, bisexual and transgender Catholics remain far apart on these issues.
It also makes little sense to begin a conversation with topics on which the two sides are the
farthest apart. Overall, the book was about dialogue and prayer, rather than moral theology. (As
a Catholic priest, I have also never challenged those teachings, nor will I.) But for a meaningful
encounter to occur between the church hierarchy and any community, it’s helpful if both groups
understand one another as much as possible. As I mentioned in the book, good bridges take
So it’s important to ask: What is the church’s official teaching on these issues? As an
aside, since the Catechism of the Catholic Church, a compendium of church teaching on various
topics, does not address bisexual or transgender persons but rather “homosexual persons,” I’ll
refer here to gay and lesbian people to be more precise. Church teaching at the most basic level
is contained in the Gospels and, even more basically, in the revelation of the Father’s love in
Jesus Christ. So the most fundamental of all church teachings about gay and lesbian people is
12
this: God loves them. They are beloved children of God, created by God and in need of God’s
At the heart of the claim that the Bible is clear "that homosexuality is forbidden by God"
is poor biblical scholarship and a cultural bias read into the Bible. The Bible says nothing about
biblical times. There are references in the Bible to same-gender sexual behavior, and all of them
are undeniably negative. But what is condemned in these passages is the violence, idolatry and
exploitation related to the behavior, not the same-gender nature of the behavior. There are
references in the Bible to different-gender sexual behavior that are just as condemning for the
same reasons. But no one claims that the condemnation is because the behavior was between a
These words were invented near the end of the 19th century when psychoanalysts began to
discover and understand sexuality as an essential part of the human personality in all of its
diversity. Consequently, it cannot be claimed that the Bible says anything at all about it. The
writers of the Bible had neither the understanding of it nor the language for it.
8
Martin, James S.J., “What is the official church teaching on homosexuality?”, 30 April 2018
13
There is only one reference to sexual behavior between women, and that is in Romans
1:26. The context of this reference has to do with Gentiles rejecting the true God to pursue false
gods; i.e., idolatry. And, the sexual behavior described is orgiastic, not that of a loving, mutual,
Sexuality is a wonderful gift from God. It is more than genital behavior. It's the way we
embody and express ourselves in the world. But we cannot love another person intimately
without embodying that love, without using our bodies to love. And that does involve genital
behavior. Sexual love is for the purpose of giving and receiving pleasure with our most intimate
partner. It is a means of deepening and strengthening the intimate union that exists. This can
only be healthy and good if our behavior is consistent with who we are and with whom we love,
How do I view God's position on "homosexuality?" I believe lesbian, gay and bisexual
people to be a part of God's wondrous creation, created to be just who they are, and completely
loved and treasured by God. I believe God does not intend for any one to be alone but to live in
companionship. And I believe God expects healthy loving relationships to include sexual love.
The Bible doesn't say this, of course. But neither does it deny it. I believe this to be true not only
because of the Bible's emphasis on the goodness of God's creation and the supreme value of
love, but because of the greater understanding of human nature that we have available to us
today. I do not believe that God intends us to live in the small world of ancient biblical culture,
14
but rather in God's larger evolving world informed by science, reason and experience.9
A woman or young woman who forms her primary loving and sexual relationships with
other women; a woman or young woman who has a continuing affectional, emotional, romantic,
and/or erotic attraction to someone of the same sex. Some lesbians prefer to call themselves
“lesbian” and they use the term “gay” to refer to gay men; others use the term “gay” to refer to
Lesbian feminism presented one way for women to free themselves from both male
domination and heterosexism. Its analysis of society was based on two central claims. The first
was an assertion that heterosexuality encompassed much more than a form of sexual desire, that
it also functioned as an institution that supported male supremacy and female subordination.
Romantic love, familial structures, traditional gender roles, making it compulsory and leaving
its putative normalcy unquestioned. At the same time that heterosexuality helped perpetuate the
subordination of women, it reinforced the benefits that women could gain from participation in
partnerships with men, which gave them added status and economic privileges. The threat of
losing those advantages kept women from challenging the status quo and acting in ways that
might jeopardize their status. As one of the first lesbian feminist groups, the Radicalesbians,
argued in a 1970 essay, “The Woman-Identified Woman,” women were called lesbians
(pejoratively), regardless of their preferred partners, when they dared to act as if they were equal
to men. Fear of being labeled a lesbian acted as a powerful deterrent against women’s push for
9
Creech, Jimmy., “What the bibile says about homosexuality?”(2019)
10
Kort, Joe., “Lesbian terms and definition”,
http://www.joekort.com/articles.htm/Gay_Affirmative_Psychotherapy/articles21.htm
15
equality as well as constraining the development of solidarity among women.11
The issues that arise in lesbian- and gay-parented families are a function of two things:
One is the rich variety of family constellations they comprise, and the other is the fact that they
are living in a society which does not yet value rich variety. The tension created by this situation
generates unique needs for the approximately 5 million gay and lesbian parents in this country1
whenever they present themselves to the legal system, the educational system, the mental health
profession, religious organizations, the medical profession, or the insurance industry - to name
just a few.
To begin with, it is important to know that family constellations among lesbian- and gay-
parented families are largely quite different from the heterosexually-parented nuclear family.
Our conventional notion of a parenting family contains many presumptions: that there will be
two parents, that they will be one of each gender, that they will be romantic partners of one
another, they will live under one roof, that they will both be biologically related to the children
they raise, and that they will be recognized legally as a family. This Mom-and-Dad nuclear
family is not merely the baseline model in our culture against which all other models are
deviant, but it is also assumed by most to be an optimal structure for child development,
compared to which all other constellations are viewed as having deficiencies which must be
overcome.
11
https://www.britannica.com/topic/lesbian-feminism/Contemporary-issues
16
This is a model, however, which applies to no lesbian and gay parented families. Gay
and lesbian parents are heading families with one, two, three, or even four parents. Sometimes
there are no men among the parents, sometimes there are no women. Sometimes there are men
and women but they are not romantic partners of each other. Some families intentionally
comprise more than one household. Sometimes both biological parents are included in the
family and sometimes not. Often there is a biological parent who is not a family member at all.
Usually there is at least one parent who has no biological relation to the child. And perhaps most
important, there is almost always a parent-child relationship that the law does not recognize or
protect.12
While this line of comparison with heterosexual couples has been useful in elucidating
what is, and is not, unique about lesbian relationships, a major problem is that this mindset of
inquiry is very much rooted in a heterosexist norm, where heterosexual couples essentially
function as the control group and lesbian couples are the “other.” More recently, as in many of
the articles in this special issue, research on lesbian relationships has evolved from a between-
group comparison model to a within-group model. For example, we can now ask the question:
within lesbian relationships, what are the factors that differentiate happy, well-functioning
relationships from those that are struggling? In this issue, Lavner uses the vulnerability-stress-
adaptation model to provide a comprehensive review of the various individual, couple, and
external factors that have been found to be associated with lesbian relationship satisfaction.
Melanie Brewster and Rachel Farr hone in on how specific aspects of relationship functioning
12
Martin, April PhD., “Issues for Lesbian and Gay Parented Families”, https://parenthood.library.wisc.edu/Martin/Martin.html
17
(household labor division and adoptive parenting, respectively) contribute to relationship
satisfaction and stability. This type of within-group exploration is allowing the field to form a
much deeper understanding of the range of experiences found among lesbian relationships.13
Related Study
In the study conducted by Frost (2011), it resulted that lesbian, gay and bisexual who are
in a romantic relationship experience stigma prejudice and discrimination leads to same sex
relationship devaluation. Similarly, in the current study, the environment affects the relationship
of same-sex couples, where on the side of lesbian relationship the acceptance was also based in
their family and peers while the gay couple do adjustment in their society in order for them to
get accepted.14
and gay individuals as a couple and also the factors that affect LG couples which is similar to
the current study. The researcher found out that as lesbian couples started their relationship, they
encountered hurdles and they were not easily accepted by the people around them . Through
this, the researchers identified the factors that affect the relationship.15
13
Holley, Sarah R., “Perspective on Contemporary Lesbian Relationships”, 21 October 2016
14
Frost, D. M. (2011). Stigma and intimacy in same sex relationships: A narrative approach. Journal of Family Psychology, 25
(1),1.
15
Whitehead, A. L. (2013). Religious organizations and homosexuality: The Acceptance of Gays and Lesbians in American
Congregations.Review of Religious Research, 552(2), 297-317.
18
The study of Whitam (2013) resulted into six tentative cultural invariability and one of
the findings that emerged from the analysis is that social standards do not interfere about the
emergence of homosexual orientation, in contrast with the forenamed study, it focused not only
in the individual homosexual but with the same-sex relationship which stated that the perception
of the same-sex couples depends on their connection with the gay or lesbian person.16
Hence, skinner (2009) pointed out that the perception about the positive relationship
traits in gay and lesbian couple were exposed. Consequently, in the current study, perception of
the same-sex relationship depends on their connection with the subject where perception of
people close to lesbian relationship experience normal treatment while in gay tends to be
subjective.
In addition, Foe (2014) conducted a study where gays and lesbians have high tolerance
here in the Philippines due to the support of the government. However, the Cathoilic Church is
against with the same-sex activities. While, in the aforementioned study, it was also interpreted
that the environment also affects the relationship of same-sex couples a show they were treated
On the other findings that were shown from the study of Rostosky, Riggle, Dudley, and
Wright (2017), one of the domains that described the same-sex couple long term relationship is
from the personal and relationship values and ideas, which is the same to the current study
16
Whitam, F. L. (2013). Cultural invariable properties of male homosexuality: Tentative conclusions from cross-cultural
research . Archives of sexual behaviour, 12(3), 207-226.
17
Gecolea, J. M., Rainbow Love, A unique kind of love: A case study on lesbian and gay couples
.https://www.academia.edu/37142129/RAINBOW_LOVE_A_UNIQUE_KIND_OF_LOVE_A_CASE_STUDY_ON_LESBIAN_AND_GA
Y_COUPLES_IN_THE_CITY_OF_CABUYAO_LAGUNA. Visited 9 November 2019.
19
stating that a healthy relationship will be achieved knowing that the partner possess traits which
Synthesis
interpretation of gathered data with respect to the couple who has a lesbian partner. The lived
experienced that were derived from the shared responses of the participants present that almost
all the experiences started with hardships and later become accepted. They all stated their
different experiences while they undergo to this kind of relationship. Acceptance from their
respective families and peer influence is very essential in constituting same-sex relationship. In
disagreement of these peers, it would result and largely affect the relationship bond of the same-
sex couple. Moreover, it is not only these peers that affect the same-sex relationship but also the
connection bond between the couple. Healthy relationship will always be achieved knowing that
the partner possesses traits which give them reason to stay in a relationship and feel the
satisfaction.
18
Rostosky, S. S., Riggle, E. D., Dudley, M. G., & Wright, M. L. C. (2006). Commitment in same-sex relationships: A qualitative
analysis of couples’ conversations. Journal Homosexuality, 51(3), 199-223.
20
CHAPTER III
This chapter describes the methodology of research study, data analysis techniques,
study design, including collection of data, validation of instruments and analytical treatment of
the data.
Research Method
determined by the nature of the research question and the subject being investigated. As a result
the research format used in an investigation should be seen as a tool to answer the research
question.
A qualitative research approach for this study was chosen because qualitative methods
are especially useful since the field of study involves analyzing, studying and scrutinizing a law
in relation to its constitutional and other legal implications especially in discovering the
The qualitative method of research design embraces the descriptive method, a general
procedure employed in the studies that have for its chief purpose the description of the
phenomena in contract to ascertain what causes them or to access their value and significance. It
21
involves the collection of data in order to test the hypothesis or answer the questions regarding
The descriptive research method is used in gathering the needed information for this
study. This method enables the researchers to interpret the theoretical meaning of the findings
The researcher uses a holistic approach where all parts of the problem are explored. It
looks at the larger picture and begins with a search for understanding of the whole. The research
looks at relationships within a system or culture which, in the present study, entails the
exploration of lesbian couple relationship constituting violence against the partner. The research
approach is personal. In this study the personal experiences of the researcher and by means of
collecting data which is relevant in this study. The focus is on understanding the problem under
investigation instead of making predictions about it. It also focuses on understanding in a given
social setting, not necessarily on making predictions about that setting. It also requires the
researcher to become the research instrument. It incorporates room for description of the
For the purposes of this research the researcher applied two methods of data collection
techniques: Primary and Secondary sources. This was done in order to collect adequate and
22
relevant data to address the research objectives of this study. Nonetheless, the researcher used
qualitative research method. They were derived from the provision of 1987 Philippine
Constitution, Art III, Sec 1 as defined in R.A 9262 known as an act defining violence against
woman and their children, providing protective measures for victims, prescribing penalties
therefore and for other purposes (VAWC) and other related laws and jurisprudence.
In addition, to arrive at a factual finding for the research, the author utilized researches,
articles, books and the use of internet in discussing matters related to topic with caution about
the credibility of the cited sources. The researcher cautiously piled up relevant data according to
the degree of relativity and importance to the study. The researcher also conducted study of
documents and in-formations from the internet he has collected since it was deemed necessary
for a research.
Validation of Instrument
Validation of the instruments was also made by the researcher to ensure the quality of the
results, making the final output a reflection of the true findings of the study. Validation is the
23
The data and necessary information collected were carefully sorted and analyze to arrive
at conclusive and appropriate findings. The data were analyzed according to its degree of
importance and relevance to the research topic. Materials gathered were carefully scrutinized by
answering the statement of the problem. Careful analysis has been rendered using all the
24