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Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. 179267 June 25, 2013 JESUS C. GARCIA, Petitioner, vs. THE HONORABLE RAY ALAN T. DRILON, Presiding Judge, Regional Trial Court-Branch 41, Bacolod City, and ROSALIE JAYPE-GARCIA, for herself and in behalf of minor children, namely: JO-ANN, JOSEPH EDUARD, JESSE ANTHONE, all surnamed GARCIA, Respondents. DECISION PERLAS-BERNABE, J.: Hailed as the bastion of Christianity in Asia, the Philippines boasts of 86.8 million Filipinos- or 93 percent of a total population of 93.3 million – adhering to the teachings of Jesus Christ.1 Yet, the admonition for husbands to love their wives as their own bodies just as Christ loved the church and gave himself up for her2 failed to prevent, or even to curb, the pervasiveness of violence against Filipino women. The National Commission on the Role of Filipino Women (NCRFW) reported that, for the years 2000-2003, "female violence comprised more than 90o/o of all forms of abuse and violence and more than 90% of these reported cases were committed by the women's intimate partners such as their husbands and live-in partners."3 Thus, on March 8, 2004, after nine (9) years of spirited advocacy by women's groups, Congress enacted Republic Act (R.A.) No. 9262, entitled "An Act Defining Violence Against Women and Their Children, Providing for Protective Measures for Victims, Prescribing Penalties Therefor, and for Other Purposes." It took effect on March 27, 2004.4 R.A. 9262 is a landmark legislation that defines and criminalizes acts of violence against women and their children (VAWC) perpetrated by women's intimate partners, i.e, husband; former husband; or any person who has or had a sexual or dating relationship, or with whom the woman has a common child.5 The law provides for protection orders from the barangay and the courts to prevent the commission of further acts of VAWC; and outlines the duties and responsibilities of barangay officials, law enforcers, prosecutors and court personnel, social workers, health care providers, and other local government officials in responding to complaints of VAWC or requests for assistance. A husband is now before the Court assailing the constitutionality of R.A. 9262 as being violative of the equal protection and due process clauses, and an undue delegation of judicial power to barangay officials. The Factual Antecedents On March 23, 2006, Rosalie Jaype-Garcia (private respondent) filed, for herself and in behalf of her minor children, a verified petition6 (Civil Case No. 06-797) before the Regional Trial Court (RTC) of Bacolod City for the issuance of a Temporary Protection Order (TPO) against her husband, Jesus C. Garcia (petitioner), pursuant to R.A. 9262. She claimed to be a victim of physical abuse; emotional,

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Garcia v. Drilon

Jurisprudence

Case number: G.R. No. 179267

Date of decision: Jun 25, 2013

Year of decision: 2013

GBV Case Type

Anti-Violence Against Women and their Children Act of 2004 (VAWC)

Nature of the case: A married woman, 45 years of age who belongs to the middle-class women, together with her 17 years old girl child, 6 years old and 3 years old boy children were abused by the accused who is the husband and the father of the victims respectively, physically, emotionally, psychological and economically and thus the private complainant for herself and in behalf of her children filed a verified petition before the RTC of Bacolod for the issuance of a Temporary Protection Order (TPO) against her husband as result of marital infidelity on the part of the accused with threats of deprivation of custody of her children and of financial support. Meanwhile, the accused belatedly questioned the constitutionality of RA 9262 or the Anti-Violence Against Women and Children Act of 2004 of which the Supreme Court outrightly denied for the reason that the said law does not violate the equal protection clause of Article III of the Constitution nor is violative of the due process clause of the Constitution. Therefore, the TPO was then renewed and extended for 30 days and the Petition for Review on Certiorari filed by the accused challenging the validity / constitutionality of RA 9262 was denied for lack of merit.

Summary of outcome: Re: Temporary Protection Order: The same is renewed and extended for thirty (30) days. Re: Review on Certiorari (Challenging the validty / constitutionality of RA 9262: Denied for lack of merit.

Ration: No concrete evidence and convincing arguments were presented by petitioner to warrant a declaration of the unconstitutionality of R.A. 9262. In reiteration of Justice Puno's obsevation that "the history of the women's movement against domestic violence shows that one of its most difficult struggles was the fight against the violence of law itself. If we keep that in mind, law will not again be a hindrance to the struggle of women for equality but will be its fulfillment." Hence, the constitutionality of RA 9262 is sustained.

Observatory: Gender-Based Violence

Affected Sector

Women

Ponente: PERLAS-BERNABE, J.

Long title: JESUS C. GARCIA, Petitioner, vs. THE HONORABLE RAY ALAN T. DRILON, Presiding Judge, Regional Trial Court-Branch 41, Bacolod City, and ROSALIE JAYPE-GARCIA, for herself and in behalf of minor children, namely: JO-ANN, JOSEPH EDUARD, JESSE ANTHONE, all surnamed GARCIA, Respondents.

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Latitude: 10.65916

Longitude: 122.967445

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Primary Documents

GARCIA V. DRILON.pdf
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