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Director of the PNP to cancel all the Respondent's firearm licenses. He should also be ordered to surrender any unlicensed firearms in his possession or control. e) To pay full financial support for the Petitioner and the children, including rental of a house for them, and educational and medical expenses. f) Not to dissipate the conjugal business. g) To render an accounting of all advances, benefits, bonuses and other cash he received from all the corporations from 1 January 2006 up to 31 March 2006, which himself and as President of the corporations and his Comptroller, must submit to the Court not later than 2 April 2006. Thereafter, an accounting of all these funds shall be reported to the court by the Comptroller, copy furnished to the Petitioner, every 15 days of the month, under pain of Indirect Contempt of Court. h) To ensure compliance especially with the order granting support pendente lite, and considering the financial resources of the Respondent and his threat that if the Petitioner sues she will not get a single centavo, the Respondent is ordered to put up a BOND TO KEEP THE PEACE in the amount of FIVE MILLION PESOS, in two sufficient sureties. On April 24, 2006, upon motion19 of private respondent, the trial court issued an amended TPO,20 effective for thirty (30) days, which included the following additional provisions: i) The petitioners (private respondents herein) are given the continued use of the Nissan Patrol and the Starex Van which they are using in Negros Occidental. j) The petitioners are given the continued use and occupation of the house in Parañaque, the continued use of the Starex van in Metro Manila, whenever they go to Manila. k) Respondent is ordered to immediately post a bond to keep the peace, in two sufficient sureties. l) To give monthly support to the petitioner provisionally fixed in the sum of One Hundred Fifty Thousand Pesos (Php 150,000.00) per month plus rental expenses of Fifty Thousand Pesos (Php 50,000.00) per month until the matter of support could be finally resolved. Two days later, or on April 26, 2006, petitioner filed an Opposition to the Urgent Ex-Parte Motion for Renewal of the TPO21 seeking the denial of the renewal of the TPO on the grounds that it did not (1) comply with the three-day notice rule, and (2) contain a notice of hearing. He further asked that the TPO be modified by (1) removing one vehicle used by private respondent and returning the same to its rightful owner, the J-Bros Trading Corporation, and (2) cancelling or reducing the amount of the bond from ₱5,000,000.00 to a more manageable level at ₱100,000.00. Subsequently, on May 23, 2006, petitioner moved22 for the modification of the TPO to allow him visitation rights to his children. On May 24, 2006, the TPO was renewed and extended yet again, but subject only to the following modifications prayed for by private respondent: a) That respondent (petitioner herein) return the clothes and other personal belongings of Rosalie and her children to Judge Jesus Ramos, co-counsel for Petitioner, within 24 hours

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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.

Geolocation 1

Latitude: 10.65916

Longitude: 122.967445

: Geolocation 1

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GARCIA V. DRILON.pdf
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Garcia v. Drilon

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