You are on page 1of 2

GARCIA vs.

DRILON (General Principles and State Policies)


ISSUE: Whether RA9262 is constitutional
PETITIONER (Gelo)

RESPONDENT (Jiggs)

SUPREME COURT (Lem)

During the pendency of the


Trmporary Protection Order
case in the RTC, petitioner
filed before the Court of
Appeals (CA) a petition for
prohibition, with prayer for
injunction and temporary
restraining
order,
challenging
(1)
the
constitutionality of R.A. 9262
for being violative of the due
process
and
the
equal
protection clauses, and

It is the women who are


more vulnerable to domestic
abuses by their partners. Per
DSWD, female violence
comprise more than 90% of
all forms of abuse and
violence more than 90% of
these reported cases were
committed by the womens
intimate partners such as
their husbands and live-in
partners.

R.A. 9262 does not violate the


guaranty of equal protection
of the laws.

(2) the validity of


modified TPO issued in
civil case for being
unwanted product of
invalid law." (Relevant to
topic in syllabus)

the
the
"an
an
the

Also, Petitioner contended


that
by
not
allowing
mediation, the law violated
the policy of the State to
protect and strengthen the
family
as
a
basic
autonomous
social
institution.

RA9262 does not violate the


guaranty of equal protection
of the laws because it rests
on substantial distinctions,
the classification is germane
to the purpose of the law,
and the classification is not
limited to existing conditions
only, and apply equally to all
members.

R.A. 9262 rests on substantial


distinctions.
The
unequal
power relationship between
women and men; the fact
that women are more likely
than men to be victims of
violence; and the widespread
gender bias and prejudice
against women all make for
real differences justifying the
classification under the law.
Violence
against
women
(VAW) is deemed to be
closely
linked
with
the
unequal power relationship
between women and men
otherwise known as genderbased violence.
Men, who experience violence
from their spouses are much
less likely to live in fear of
violence at the hands of their
spouses, and much less likely
to experience sexual assault.
In fact, many cases of
physical violence by a woman
against aspouse are in selfdefense or the result of many
years of physical or emotional
abuse.76
While there are, indeed,
relatively
few
cases
of
violence
and
abuse
perpetrated against men in
the Philippines, the same
cannot render R.A. 9262
invalid.
From the initial report to the
police through prosecution,
trial, and sentencing, crimes
against women are often
treated differently and less
seriously than other crimes.

The classification is germane


to the purpose of the law.
The distinction between men
and women is germane to the
purpose of R.A. 9262, which is
to
address
violence
committed against women
and children.
The classification is not
limited to existing conditions
only, and apply equally to all
members
Moreover,
the
application of R.A. 9262 is not
limited
to
the
existing
conditions
when
it
was
promulgated, but to future
conditions as well, for as long
as the safety and security of
women and their children are
threatened by violence and
abuse.