Understanding the Scope of RA 9262 in the Philippines
In the Philippine legal landscape, Republic Act No. 9262, or the Anti-Violence Against Women and Their Children Act of 2004 (VAWC), is one of the most powerful tools for protecting women's rights. However, a common point of confusion arises when the alleged abuser is not a husband or a boyfriend, but a female relative—specifically, a sister.
Can a woman sue her own sister under the VAWC law? The short answer, based on the letter of the law and prevailing jurisprudence, is no.
1. The "Requisite Relationship"
The primary reason RA 9262 does not apply to sibling-on-sibling violence lies in the definition of the offender. Under Section 3 of the law, violence against women and children is committed by any person against a woman who is:
- His/her wife or former wife;
- A woman with whom the person has or had a sexual or dating relationship;
- A woman with whom he/she has a common child.
While the law uses gender-neutral language for the offender ("any person"), the relationship between the parties must be intimate or romantic in nature. A sibling relationship—whether brother-sister or sister-sister—is a familial bond, but it does not fall under the "dating" or "marital" categories required by RA 9262.
2. Why the Law is Specific
The intent of RA 9262 is to address Intimate Partner Violence (IPV). The law recognizes that women in romantic or sexual relationships often face a specific cycle of abuse and power imbalance that requires specialized legal remedies, such as Protection Orders (BPO, TPO, PPO).
Because the law is a "special penal law," it is interpreted strictly. Extending it to siblings would change the fundamental nature of the legislation from a protection against domestic/intimate partner abuse to a general family disputes law.
3. If not VAWC, then what?
Just because RA 9262 does not apply doesn't mean the abuse is legal or without remedy. If a female sibling is being physically, emotionally, or financially abusive, the victim should look toward the Revised Penal Code (RPC) and other civil laws:
| Type of Abuse | Applicable Law / Charge |
|---|---|
| Physical Violence | Physical Injuries (Slight, Less Serious, or Serious) under the RPC. |
| Verbal/Emotional Abuse | Slander, Grave Oral Defamation, or Unjust Vexation. |
| Threats | Grave or Light Threats. |
| Financial Abuse | Estafa, Theft, or Robbery (depending on the circumstances). |
Note on the Family Code: Article 203 of the Family Code emphasizes that no suit between members of the same family shall prosper unless it should appear from the verified complaint that earnest efforts toward a compromise have been made. However, this usually applies to civil cases, not criminal ones involving physical violence.
4. Key Jurisprudence
The Supreme Court has consistently maintained that for RA 9262 to apply, the element of an intimate relationship must be present. In cases where the conflict is between siblings, the courts typically dismiss VAWC petitions and advise the parties to file the appropriate criminal charges under the Revised Penal Code instead.
Summary
While the trauma of sibling abuse is real and devastating, RA 9262 is not the correct legal avenue for a dispute between sisters. The law is specifically tailored for women abused by their partners or those with whom they share a child. Victims of sibling abuse should instead coordinate with their local Barangay or the police to file charges for Physical Injuries or Unjust Vexation.
Would you like me to draft a summary of the differences between "Unjust Vexation" and "Psychological Violence" to help clarify which charge might fit a specific situation?