Political Law: 1987 Philippine Constitution Hence, this Petition.

Topic: Declaration of Principles and State Policies

Issue:
Jesus C. Garcia v Honorable Ray Alan T. Drilon Whether or not in R.A. 9262 there is an
G.R. No. 179267, June 25, 2013 undue delegation of judicial power to the
Ponente: Justice Perlas-Bernabe barangay officials
Ruling/s:
Facts:
 NO, there is no undue delegation of judicial
 On March 23, 2006, Rosalie Jaype-Garcia power to the barangay officials
(private respondent) filed, for herself and on  Judicial power includes the duty of the courts
behalf of her minor children, a verified of justice to settle actual controversies
petition before the Regional Trial Court involving rights which are legally
(RTC) of Bacolod City for the issuance of a demandable and enforceable, and to
Temporary Protection Order (TPO) against determine whether or not there has been a
her husband, Jesus C. Garcia (petitioner), grave abuse of discretion amounting to lack
pursuant to R.A. 9262. or excess of jurisdiction on the part of any
 She claimed to be a victim of physical abuse; branch or instrumentality of the Government.
emotional, psychological, and economic  On the other hand, executive power "is
violence as a result of marital infidelity on the generally defined as the power to enforce
part of petitioner, with threats of deprivation and administer the laws. It is the power of
of custody of her children and of financial carrying the laws into practical operation and
support. enforcing their due observance.
 The RTC found reasonable ground to  The Court held that "(t)he mere fact that an
believe there was imminent danger of officer is required by law to inquire into the
violence against respondent and her children existence of certain facts and to apply the
and issued a series of TPO. law thereto in order to determine what his
 R.A. 9262 is a landmark legislation that official conduct shall be and the fact that
defines and criminalizes acts of violence these acts may affect private rights do not
against women and their children (VAWC) constitute an exercise of judicial powers."
perpetrated by women's intimate partners,  Assistance by barangay officials and other
i.e, husband; former husband; or any person law enforcement agencies is consistent with
who has or had a sexual or dating their duty to enforce the law and to maintain
relationship, or with whom the woman has a peace and order.
common child. 
 The law provides for protection orders from
Therefore, the Court, speaking thru Justice Makasiar,
the barangay and the courts to prevent the
denied the petition for lack of merit.
commission of further acts of VAWC; and
outlines the duties and responsibilities of
barangay officials, law enforcers,
prosecutors and court personnel, social
workers, health care providers, and other
local government officials in responding to
complaints of VAWC or requests for
assistance.
 A husband is now before the Court assailing
the constitutionality of R.A. 9262 as being
violative of the equal protection and due
process clauses, and an undue delegation of
judicial power to barangay officials.
 Petitioner contends that protection orders
involve the exercise of judicial power which,
under the Constitution, is placed upon the
"Supreme Court and such other lower courts
as may be established by law" and, thus,
protests the delegation of power to barangay
officials to issue protection orders.