Jesus C. Garcia v. The Honorable Ray Alan T. Drilon, et. al.

G.R. No. 179267 | June 25, 2013

PERLAS-BERNABE, J.

Equal protection simply requires that all persons or things similarly situated should be
treated alike, both as to rights conferred and responsibilities imposed.

FACTS

This case is a petition for review on certiorari assailing the constitutionality of R.A. 9262 as being
violative of the equal protection and due process clauses.
Herein petitioner has abused his wife for a number of occasions
o He hit private respondent forcefully on the lips, causing bleeding.
o He hit private respondent on the chest and slapper her many times.
Things turned for the worse when petitioner took up an affair with a bank manager of
Robinson's Bank, Bacolod City, who is the godmother of one of their sons.
The trial court issued a Temporary Protection Order (TPO) in favor of the wife and children.
Petitioner argues that R.A. 9262, the Violence Against Women and Children Act, violates
equal protection.

ISSUES AND HOLDING

1. Whether R.A. 9262 violates the due process clause. No.

The issuance of a TPO is a preventive measure. Even though it is issued ex parte, the
court is obliged to order the immediate issuance and service of the notice upon the
respondent and require him to file an opposition within 5 days..
Clearly, the respondent of a TPO is informed of the charges against him and afforded
an opportunity to present his side.
The essence of due process is an opportunity to be heard.

2. Whether R.A. 9262 violates the equal protection clause. No.

The requisites of a valid classification are:

It must be based on substantial distinctions;
It must be germane to the purpose of the law;
It must not be limited to existing conditions only; and
It must apply equally to all members of the same class.
It rests on substantial distinctions because violence against women is a manifestation
of historically unequal power relations between men and women.
Most societies used to sanction violence against women because of patriarchy
the institutional rule of men.
The Roman concept of patria potestas allowed the husband to beat, or even kill,
his wife if she endangered his property right over her. Studies also showed that
1/5 to 1/3 of women will be physically assaulted by a partner or ex-partner
during their lifetime.

[YAP, K.] C2020 | 1

 Both physical and psychological abuse against women is common. Women are
the usual and most likely to be subject of violence, as shown by the Annual
Comparative Statistics on Violence Against Women.
Even an RTC judge used derogatory language against a complainant in a
petition for TPO.
The distinction between men and women is also germane to the purpose of RA 9262
which is to address violence against women and children. Furthermore, it is the States
effort to comply with the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW).
The law is not limited to present conditions only because for as long as the safety and
security of women and their children are threatened and abused, RA 9262 would apply.

WHEREFORE, the petition is DENIED for lack of merit.

[YAP, K.] C2020 | 2