Dear PAO,
My ex-boyfriend, Jose, keeps on abusing me even after we ended our relationship. I told him to stop calling and sending demeaning or threatening messages; otherwise, I will file a case for VAWC against him. He just laughed and claimed that such law will not apply since we are already separated. He claims that VAWC finds application to a man and a woman who are in a current relationship. Is he correct?
Cassandra
Dear Cassandra,
Calling or sending threatening or demeaning messages against a former girlfriend may also be considered as abuse. This may fall under Section 5 (h)(5) of Republic Act (RA) 9262 or “Anti-Violence Against Women and Their Children Act of 2004,” which states:
“SECTION 5. Acts of Violence Against Women and Their Children. – The crime of violence against women and their children is committed through any of the following acts:xxx
“(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts:xxx
“(5) Engaging in any form of harassment or violence;”
The afore-stated kind of abuse is also referred to as violence against women through harassment. Its elements were enumerated in Sedenio v. People of the Philippines, GR 276927, Jan. 19, 2026, where the Supreme Court, speaking through Associate Justice Ricardo Rosario, stated that:
“Pursuant to Section 5(h)(5) of Republic Act No. 9262, the elements of violence against women through harassment are: (1) the offender has or had a sexual or dating relationship with the offended woman; (2) the offender, by themselves or through another, commits an act or series of acts of harassment against the woman; and (3) the harassment causes her alarm or substantial emotional or psychological distress.
“In other words, one element of violence against women through harassment is either a present or past sexual or dating relationship with the offended woman. Thus, as long as at the time the alleged crime was committed, the offender and the offended woman either were or used to be in a sexual or dating relationship, the foregoing element is present.”
Applying the above-quoted decision to your situation, one of the elements of violence against women is the existence of a relationship, whether in the past or present. So, it is enough to establish that the abuser and the woman were either in a sexual or dating relationship or used to be in a sexual or dating relationship. It is immaterial if the acts were committed after they were separated.
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
