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84 Article 5(a), CEDAW. "The Rule on Violence Against Women and Their Children," Remarks delivered during the Joint Launching of R.A. 9262 and its Implementing Rules last October 27, 2004 at the Session Hall of the Supreme Court. 85 86 Supra note 49. 87 Article 15. 88 Article 16. 89 Supra note 49. 90 Supra note 49. 91 Estrada v. Sandiganbayan, 421 Phil 290, 351-352 (2001). 92 Petition, rollo, p. 35. 93 Estrada v. Sandiganbayan , supra note 91, at 352-353. 94 G.R. No. 168852, September 30, 2008, 567 SCRA 231. 95 Petition, rollo, p. 31. 96 Sec. 4 (o), A.M. No. 04-10-11-SC. 97 Supra note 49. 98 Sec. 7, A.M. No. 04-10-11-SC. 99 Supra note 49. 100 Id. 101 Supra note 85. 102 Cuartero v. CA, G.R. No. 102448, August 5, 1992, 212 SCRA 260, 265. Laguna Lake Development Authority v. Court of Appeals, G.R. No. 110120, March 16, 1994, 231 SCRA 292, 307, citing Pollution Adjudication Board v. Court of Appeals, G.R. No. 93891, March 11, 1991, 195 SCRA 112. 103 104 Sec. 15, A.M. No. 04-10-11-SC. 105 Sec. 16, A.M. No. 04-10-11-SC. 106 Sec. 20, A.M. No. 04-10-11-SC.

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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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Garcia v. Drilon

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