Dear PAO,

I went to the Women and Children’s Protection Desk (WCPD) of the police station near my residence to report the physical harm inflicted upon me by my former boyfriend with whom I have a common child. I was advised that my case is only physical injury and not for violation of Re public Act 9262 (Anti-Vio lence Against Women and their Children Act) because our relationship had already ceased, and that the violence was not related to or caused by our previous relationship Is that correct?

Odessa

Dear Odessa,

To address that concern, we refer you to the case of Karlo Angelo Dabalos v. RTC Branch 59, GR 193960, jan. 7, 2013, penned by Associate justice Estela Perlas-Bernabe, where the court explained:

“Notably, while it is required that the offender has or had a sexual or dating relationship with the offended woman, for RA 9262 to be applicable, it is not indispensable that the act of violence be a consequence of such relationship. Nowhere in the law can such limitation be inferred. Hence, applying the rule on statutory construction that when the law does not distinguish, neither should the courts, then, clearly, the punishable acts refer to all acts of violence against women with whom the offender has or had a sexual or dating relationship. As correctly ruled by the RTC, it is immaterial whether the relationship had ceased for as long as there is sufficient evidence showing the past or present existence of such relationship between the offender and the victim when the physical harm was committed.

Consequently, the Court cannot depart from the parallelism in Ang and give credence to petitioner’s assertion that the act of violence should be due to the sexual or dating relationship.

“Neither can the Court construe the statute in favor of petitioner using the rule of lenity because there is no ambiguity in RA 9262 that would necessitate any construction. While the degree of physical harm under RA 9262 and Article 266 of the Revised Penal Code are the same, there is sufficient justification for prescribing a higher penalty for the former. Clearly, the legislative intent is to purposely impose a more severe sanction on the offenders whose violent act/s physically harm women with whom they have or had a sexual or dating relationship, and/or their children with the end in view of promoting the protection of women and children.”

Viewed from the foregoing, it is clear that Republic Act (RA) 9262 or the “Anti-Violence Against Women and their Children Act” still applies to your case even after the cessation of your sexual or dating relationship with your former boyfriend. It is also important to stress that the acts of violence inflicted upon your person need not necessarily be linked or related to your previous relationship. It may be due to some other causes. Indeed, the purpose of the law is to impose a more severe sanction on offenders like your former boyfriend consistent with state policy of protecting women and their children from harm and violence.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts that you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.