LSaF

Question

Yari is a lesbian who had a romantic relationship with Malou. Yari financially supported Malou and her brother Bobby, and even rented a condominium unit for them. After five years, Malou broke up with Yari because she is longing the affection from a real man. Yari suffered mental and emotional anguish because of the separation. Later, Yari learned through friends that Malou is flaunting her boyfriend in social media. Yari discovered that Bobby is Malou's long-time boyfriend, and that they just pretended to be siblings. Yari filed a criminal complaint for violation of Republic Act No. 9262 or the Anti-Violence Against Women and their Children Act of 2004 (Anti-VAWC) against Malou and Bobby. As supporting evidence, Yari submitted a medical report which diagnosed her with major depressive disorder with symptoms of psychosis. At the trial, Malou argued that she is not criminally liable because the Anti-VAWC law is inapplicable to homosexual relationships. On the other hand, Bobby contended that the law is inapplicable to him because he is not in a relationship with Yari. Are Malou and Bobby criminally liable for violation of the Anti-VAWC law? Explain. (2024 BAR)

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