Dear PAO,
My ex-boyfriend and I broke up last month. He told me that he needed to focus on his career and he had no time for romance. I begged him to stay and promised that I will be understanding, but he was certain in choosing career over love. This break up has caused me emotional distress, anxiety, and depression. Can I file a VAWC case against him?
-Queenie
Dear Queenie,
Based on your narration, a VAWC case against your boyfriend may not prosper.
Section 3(a) of Republic Act 9262 (RA 9262), otherwise known as Anti-Violence Against Women and their Children Act of 2004, enumerates certain abuses against women which are punishable by the law, to wit:
“(a) Violence against women and their children refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts:
"A. "Physical Violence" refers to acts that include bodily or physical harm;
"B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her child. xxx;
"C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim xxx;
"D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent xxx.”
You may be opting to anchor your complaint to the psychological effects of your recent break up, as per your narration. However, in Calipio vs. People of the Philippines (G.R. No. 228741, April 23, 2025, Ponente: Associate Justice Alfredo Benjamin S. Caguioa), the Supreme Court emphasized that a bad break-up does not automatically translate to a crime of psychological violence under RA 9262, to wit:
“Truly, ending a relationship is heartbreaking and causes one to experience, among others, emotional distress, anxiety, and depression. However, that the woman experiences mental or emotional distress in a relationship does not automatically translate to a crime of psychological violence and criminal liability under Republic Act No. 9262. Emotional anguish and mental distress experienced in intimate relationships is not the gravamen of the crime. What gives rise to criminal liability under Republic Act No. 9262 is the offender's act of deliberately and willfully causing a woman mental or emotional anguish, public ridicule, or humiliation, which the prosecution failed to prove in this case.”
Thus, the fact that your ex-boyfriend broke up with you to focus on his career does not automatically translate to a crime of psychological violence which may give rise to criminal liability under RA 9262. The gravamen of the law is the offender’s act of deliberately and willfully causing a woman mental or emotional anguish, public ridicule, or humiliation, not breaking up with a girlfriend in pursuit of career growth. Sometimes, we just have to face the struggles of life and tend a broken heart without the aid of the law.
We hope that we were able to answer your queries. This advice was based solely 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.
