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Petitioner controls the family businesses involving mostly the construction of deep wells. He is the President of three corporations – 326 Realty Holdings, Inc., Negros Rotadrill Corporation, and J-Bros Trading Corporation – of which he and private respondent are both stockholders. In contrast to the absolute control of petitioner over said corporations, private respondent merely draws a monthly salary of ₱20,000.00 from one corporation only, the Negros Rotadrill Corporation. Household expenses amounting to not less than ₱200,000.00 a month are paid for by private respondent through the use of credit cards, which, in turn, are paid by the same corporation together with the bills for utilities.15 On the other hand, petitioner receives a monthly salary of ₱60,000.00 from Negros Rotadrill Corporation, and enjoys unlimited cash advances and other benefits in hundreds of thousands of pesos from the corporations.16 After private respondent confronted him about the affair, petitioner forbade her to hold office at JBTC Building, Mandalagan, where all the businesses of the corporations are conducted, thereby depriving her of access to full information about said businesses. Until the filing of the petition a quo, petitioner has not given private respondent an accounting of the businesses the value of which she had helped raise to millions of pesos.17 Action of the RTC of Bacolod City Finding reasonable ground to believe that an imminent danger of violence against the private respondent and her children exists or is about to recur, the RTC issued a TPO18 on March 24, 2006 effective for thirty (30) days, which is quoted hereunder: Respondent (petitioner herein), Jesus Chua Garcia, is hereby: a) Ordered to remove all his personal belongings from the conjugal dwelling or family home within 24 hours from receipt of the Temporary Restraining Order and if he refuses, ordering that he be removed by police officers from the conjugal dwelling; this order is enforceable notwithstanding that the house is under the name of 236 Realty Holdings Inc. (Republic Act No. 9262 states "regardless of ownership"), this is to allow the Petitioner (private respondent herein) to enter the conjugal dwelling without any danger from the Respondent. After the Respondent leaves or is removed from the conjugal dwelling, or anytime the Petitioner decides to return to the conjugal dwelling to remove things, the Petitioner shall be assisted by police officers when re-entering the family home. The Chief of Police shall also give the Petitioner police assistance on Sunday, 26 March 2006 because of the danger that the Respondent will attempt to take her children from her when he arrives from Manila and finds out about this suit. b) To stay away from the petitioner and her children, mother and all her household help and driver from a distance of 1,000 meters, and shall not enter the gate of the subdivision where the Petitioner may be temporarily residing. c) Not to harass, annoy, telephone, contact or otherwise communicate with the Petitioner, directly or indirectly, or through other persons, or contact directly or indirectly her children, mother and household help, nor send gifts, cards, flowers, letters and the like. Visitation rights to the children may be subject of a modified TPO in the future. d) To surrender all his firearms including a .9MM caliber firearm and a Walther PPK and ordering the Philippine National Police Firearms and Explosives Unit and the Provincial

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Garcia v. Drilon

Jurisprudence

Case number: G.R. No. 179267

Date of decision: Hun 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

: Geolocation 1

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Garcia v. Drilon

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