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Female violence comprised more than 90% 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.73 Recently, the Philippine Commission on Women presented comparative statistics on violence against women across an eight-year period from 2004 to August of 2011 with violations under R.A. 9262 ranking first among the different VAW categories since its implementation in 2004,74 thus: Table 1. Annual Comparative Statistics on Violence Against Women, 2004 - 2011* Reported Cases 2004 2005 2006 2007 2008 2009 2010 2011 997 927 659 837 811 770 1,042 832 Incestuous Rape 38 46 26 22 28 27 19 23 Attempted Rape 194 148 185 147 204 167 268 201 Acts of Lasciviousness 580 536 382 358 445 485 745 625 3,553 2,335 1,892 1,505 1,307 1,498 2,018 1,588 53 37 38 46 18 54 83 63 RA 9262 218 924 1,269 2,387 3,599 5,285 9,974 9,021 Threats 319 223 199 182 220 208 374 213 62 19 29 30 19 19 25 15 121 102 93 109 109 99 158 128 RA 9208 17 11 16 24 34 152 190 62 Abduction /Kidnapping 29 16 34 23 28 18 25 22 Rape Physical Injuries Sexual Harassment Seduction Concubinage

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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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