Agacid v. People
REITERATIONFacts
The Antecedents: Roselyn Agacid and Maria Alexandria Bisquerra were in a four-year lesbian relationship until their breakup in March 2014. On August 31, 2014, they met at a coffee shop in Ali Mall, Quezon City, for Bisquerra to return items to Agacid. When Bisquerra refused Agacid's attempts to reconcile, Agacid became angry, slapped Bisquerra, and stabbed her on the right forearm with a cutter, causing a laceration. Bisquerra sought medical treatment and filed a complaint at the Cubao Police Station. Procedural History: Agacid was charged with violation of Section 5(a) of Republic Act No. 9262 (RA 9262) before the Regional Trial Court (RTC) of Quezon City. Agacid filed a Motion to Quash the Information, arguing that as a woman, she could not be charged under RA 9262, which she claimed was intended only to protect women from men. The RTC denied the motion, citing the Supreme Court's pronouncements in Garcia v. Drilon. Agacid's motion for reconsideration was also denied. She then filed an Amended Petition for Certiorari under Rule 65 with the Court of Appeals (CA), which dismissed the petition on the ground that certiorari was the improper remedy. The Petition: Agacid filed a Petition for Review under Rule 45 before the Supreme Court. She argued that the Court of Appeals (CA) erred in affirming the Regional Trial Court (RTC) because the RTC relied on what she termed as 'obiter dictum' in Garcia v. Drilon. She contended that the legislative intent of RA 9262 was strictly to protect women from physically stronger men and that the law's references to 'husband and wife' and 'common child' imply a heterosexual context only.
Issue(s)
Whether a petition for certiorari is the proper remedy to challenge the denial of a motion to quash. Whether Republic Act No. 9262 (RA 9262) applies to lesbian relationships, allowing a woman to be charged as an offender.
Ruling
The Petition for Review is DENIED. The Decision of the Court of Appeals is AFFIRMED. The Regional Trial Court is ordered to proceed with the trial with utmost dispatch.
Ratio Decidendi
On Issue 1: A petition for certiorari is not the proper remedy to assail the denial of a motion to quash because such a denial is an interlocutory order. Under established procedural rules, the remedy against the denial of a motion to quash is for the accused to enter a plea, go to trial, and if the decision is adverse, reiterate the error on appeal from the final judgment. Certiorari under Rule 65 is an extraordinary remedy available only when there is grave abuse of discretion and no other plain, speedy, and adequate remedy in the ordinary course of law. In this case, Agacid failed to show that the Regional Trial Court (RTC) acted with grave abuse of discretion, as the court was merely performing its duty to resolve the motion in accordance with existing jurisprudence. The Court of Appeals (CA) correctly ruled that Agacid had the adequate remedy of participating in the trial and appealing any subsequent conviction. On Issue 2: Republic Act No. 9262 (RA 9262) clearly applies to lesbian relationships because the plain text of Section 3(a) defines the offense as being committed by 'any person.' The use of this gender-neutral term indicates that the law is not limited to male perpetrators when the violence occurs within a sexual or dating relationship. The Supreme Court (SC) in Garcia v. Drilon and Jacinto v. Fouts has already settled that the law encompasses lesbian relationships and that these pronouncements are not mere obiter dicta but essential resolutions of the law's scope and constitutionality. Violence against women is a power issue rooted in patriarchal culture, which some women can also internalize and manifest in intimate relationships. Excluding lesbians from the protective mantle of RA 9262 would create an arbitrary and privileged section of domestic violence exempt from prosecution, which contradicts the law's mandate to protect women from all forms of intimate partner abuse. Therefore, the identity of the perpetrator as a woman does not trigger an exemption from the law if the victim is a woman in a qualifying relationship.
Main Doctrine
Republic Act No. 9262 (RA 9262) or the Anti-Violence Against Women and Their Children Act (Anti-VAWC Act) is gender-neutral regarding the offender in the context of sexual or dating relationships. The law defines 'Violence against women and their children' as acts committed by 'any person' against a woman. This terminology intentionally includes lesbian relationships, as the core of the law is to protect women from intimate partner violence, which is characterized as a power issue rather than strictly a gender-based one. Consequently, a woman can be validly charged as a principal offender under RA 9262 if the victim is her female partner or former partner.