R.

A 9262, is an act defining violence against women and their children providing for protective
measures for victims prescribing penalties therefore, and for other purposes. The offenders of
these law are the following;
1. Husband
2. Former husband
3. Boyfriend or ex-boyfriend
4. Live-in partner or live-in partner
5. Person with whom the woman has a common child
6. Person with whom the woman has/had a sexual or dating relationship, which include
couples living together without the benefit of marriage, or has continuing romantic
involvement over time, with or without sexual intercourse
VAWC is not only committed by men alone. As enumerated above VAWC maybe likewise be
committed ‘against a woman with whom the person has or had a sexual or dating relationship’
Clearly, the use of the gender-neutral word ‘person’ who has or had a sexual or dating
relationship with woman encompasses even lesbian relationships.”
(Garcia v. Hon. Drilon, et al. GR No. 179267)
While the said provision provides that the offender be related or connected to the victim by
marriage, former marriage, or a sexual or dating relationship, it does not prelude the application
of the principle of conspiracy under the RPC. It must be further noted that Section 5 of R.A No.
9262 expressly recognizes that the acts of violence against women and their children may be
committed by an offender through another. (Go-Tan v. Spouses Tan, GR No. 168852)
RA 9262 protects the following persons enumerated below against various acts of violence,
whether taking place in or out of the home;
1. Women
 wife
 former wife
 a woman with whom the person has or had a sexual or dating relationship
 a woman with whom the offender has a common child
2. Children
 refers to those below eighteen (18) years of age or older but are incapable of
taking care of themselves as defined under Republic Act No. 7610, it includes the
biological children of the victim and other children under her care.
Reference:
“Republic Act No.9262”08 March 2004 https://www.officialgazette.gov.ph/2004/03/08/republic-
act-no-9262-s-2004/.

Yvanna Jean A. Roldan BFSCI 3