Case Digest (G.R. No. 250627)
Facts:
Sandra Jane Gagui Jacinto v. Maria Eloisa Sarmiento Fouts, G.R. No. 250627, December 07, 2022, the Supreme Court Third Division, Inting, J., writing for the Court. Petitioner is Sandra Jane Gagui Jacinto; respondent is Maria Eloisa Sarmiento Fouts. The case rises from Branch 73, Regional Trial Court (RTC), Antipolo City, Criminal Case No. 18-60992.The criminal Information dated June 8, 2018 charged petitioner with violation of Section 5(a) in relation to the second paragraph of Section 6(a) of Republic Act No. 9262 (Anti-VAWC) and Section 5(k) of RA 8369, alleging that on January 14, 2018 petitioner assaulted respondent — her live-in partner of some 16 years — causing injuries (fractured left wrist and other harms) that required medical attention and incapacitated the victim for less than 30 days. The factual background, as alleged by respondent, included an earlier December 2017 breakup in Hong Kong, disputes over credit-card debts, threats by petitioner to burn the house, respondent’s hospitalization for chest pains, petitioner’s alleged forced administration of Rivotril, and taking of nude photos; petitioner’s narrative described the events as provocations by respondent and an accidental fall.
Petitioner filed a Motion to Quash the Information in the RTC on the ground that RA 9262 does not apply to lesbian relationships; the RTC denied the motion in an Order dated July 24, 2019, holding that Section 3(a)’s use of the gender-neutral term “any person” covers lesbian relationships and relying on Garcia v. Drilon (712 Phil. 44 (2013)). Petitioner’s motion for reconsideration was denied by the RTC in an Order dated November 28, 2019.
Petitioner sought relief from the Supreme Court by filing a Petition for Review on Certiorari under Rule 45 with a prayer for temporary restraining order and/or writ of preliminary injunction, asking the Court to set aside the RTC Orders insofar as they found RA 9262 applicable to lesbian relationships. Respondent opposed the petition, arguing among other th...(Pro-only)
Issues:
- Was a petition under Rule 45 the proper remedy to challenge the RTC’s interlocutory denial of petitioner’s motion to quash?
- Does RA 9262 (Anti-VAWC) apply to violence committed within lesbian (female same-sex intimate...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)