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Garcia v Roman

Facts: Rosalie Jaype-Garcia (private respondent) filed, for herself and in behalf of her minor
children, a petition before the Regional Trial Court (RTC) of Bacolod City for the issuance of a
Temporary Protection Order (TPO) against her husband, Jesus C. Garcia (petitioner), pursuant to
R.A. 9262. She claimed to be a victim of physical abuse; emotional, psychological, and economic
violence as a result of marital infidelity on the part of petitioner, with threats of deprivation of
custody of her children and of financial support. She also claimed that petitioner took up an affair
with a bank manager of Robinson's Bank, Bacolod City, who is the godmother of one of their sons.
Petitioner admitted to the affair when private respondent confronted him about it in 2004.
Private respondent is determined to separate from petitioner but she is afraid that he would take
her children from her and deprive her of financial support. Petitioner had previously warned her
that if she goes on a legal battle with him, she would not get a single centavo.
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 TPO on March 24, 2006
effective for thirty (30) days
During the pendency of Civil Case, petitioner filed before the Court of Appeals (CA) a petition for
prohibition with prayer for injunction and temporary restraining order, challenging the
constitutionality of R.A. 9262 for being violative of the due process and equal protection clauses.
ISSUE: Whether or not RA 9262 or the anti-violence against women and children law is violative
of the the equal protection and due process clause guaranteed by the constitution.
HELD: NO. RA 9262 does not violate the guaranty of the equal protection of the laws. The
guaranty of equal protection of the laws is not a guaranty of equality in the application of the laws
upon all citizens of the state. The Constitution does not require that things which are different in
fact be treated in law as though they were the same. The equal protection clause does not forbid
discrimination as to things that are different. The Constitution allows classification and since
women based on tradition and statistics are the usual and most likely victims of violence, the
laws very purpose is to put women on equal footing with men with regard to differences.
RA9262 is not violative of the due process clause of the Constitution. A protection
order is an order issued to prevent further acts of violence against women and their children, their
family or household members, and to grant other necessary reliefs. Its purpose is to safeguard the
offended parties from further harm, minimize any disruption in their daily life and facilitate the
opportunity and ability to regain control of their life. "The scope of reliefs in protection orders is
broadened to ensure that the victim or offended party is afforded all the remedies necessary to
curtail access by a perpetrator to the victim. This serves to safeguard the victim from greater risk
of violence; to accord the victim and any designated family or household member safety in the
family residence, and to prevent the perpetrator from committing acts that jeopardize the
employment and support of the victim since on cases like this, time is of the essence.