7.

Constitutionality of RA 9262

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, JOSEPHEDUARD, JESSE ANTHONE, all surnamed GARCIA, Respondents.
PERLAS-BERNABE, J.:
G.R. No. 179267 June 25, 2013

FACTS:
Respondent Rosalie, having been a victim of abuse, filed a petition before the RTC a Temporary
Protection Order (TPO) against Jesus Garcia, her abusive husband in view of RA No. 9262 (An Act
Defining Violence Against Women and Their Children). The temporary restraining order was granted but
Garcia was not able to comply with conditions set forth by said protection order. As a result, she filed
another application for Temporary Protection Order ex parte.
Garcia filed a petition before the CA questioning the constitutionality of RA 9262 for violating due
process and equal protection clauses, and also the validity of the modified TPO for being unwanted
product of an invalid law.
The CA denied the petition for failure to raise the issue of constitutionality in his pleadings before
the trial court and the petition for prohibition to annul protection orders issued by the trial court
constituted collateral attack on said law. Petitioner filed a motion for reconsideration but was denied.
Thus, this petition is filed.

ISSUE:
1. Whether or not the CA committed serious error in failing to conclude that RA 9262 is
discriminatory, unjust and violative of the equal protection clause.
2. Whether or not the CA committed grave mistake in not finding that RA 9262 runs counter to the
due process clause of the Constitution

RULING:
1. NO. CA did not commit an error in failing to conclude that RA 9262 is discriminatory, unjust and
violative of the equal protection clause.
RA 9262 does not violate the guaranty of equal protection of the laws. Equal protection
simply requires that all persons or things similarly situated should be treated alike, both as to
rights conferred and responsibilities imposed. In Victoriano v. Elizalde Rope Workerkers’
Union,  the Court ruled that all that is required of a valid classification is that it be reasonable,
which means that the classification should be based on substantial distinctions which make for
real differences; that it must be germane to the purpose of the law; not limited to existing
conditions only; and apply equally to each member of the class.
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. As Justice
McIntyre succinctly states, "the accommodation of differences... is the essence of true equality.
Therefore, RA9262 is based on a valid classification and did not violate the equal protection
clause by favouring women over men as victims of violence and abuse to whom the Senate
extends its protection.
2. NO. CA did not commit a mistake in not finding that RA 9262 runs counter to the du e process
clause of the constitution
RA 9262 is not violative of the due process clause of the Constitution. The essence of
due process is in the reasonable opportunity to be heard and submit any evidence one may have
in support of one’s defense. The grant of the TPO ex parte cannot be impugned as violative of
the right to due process.
 Just like a writ of preliminary attachment which is issued without notice and hearing
because the time in which the hearing will take could be enough to enable the defendant to
abscond or dispose of his property, in the same way, the victim of VAWC may already have
suffered harrowing experiences in the hands of her tormentor, and possibly even death, if notice
and hearing were required before such acts could be prevented. It is a constitutional
commonplace that the ordinary requirements of procedural due process must yield to the
necessities of protecting vital public interests, among which is protection of women and children
from violence and threats to their personal safety and security.