Garcia Vs Drilon
Garcia Vs Drilon
DRILON
GR. NO. 179267, JUNE 25, 2013
PERLAS-BERNABE, J.
Facts:
Rosalie Jaype- Garcia, private respondent filed for herself and in behalf of her minor children, a verified petition
for the issuance of a Temporary Restraining Order (TPO)
o Claims:
She was a victim of physical abuse
Emotional, psychological, and economic violence
As a result of marital infidelity
With threats of deprivation of custody of her children and of financial support
This was filed against Jesus C. Garcia, petitioner, pursuant to RA 9262
Private respondent’s claims:
o She was a dutiful and faithful wife
o Petitioner was a Filipino-Chinese descent was dominant, controlling, and demands absolute obedience
from his wife and children
o Forbade her to pray and isolated her from her friends
o Petitioner also tasked her to stay at home even during her part time job at a law office
o Petitioner had an affair with a Robinson’s Bank in Bacolod who was a godmother of their sons
He admitted this but excused that he was just using the woman due to their bank acconts
o They fought a lot which left her physically and emotionally wounded
o Sometimes their daughter would suffer the ire of the petitioner
o Private respondent sometime attempted suicide but petitioner did not visit her
o Petitioner left the private respondent after she informed the bank that she intends to file charges
against the mistress
o Petitioner controls the money as the President of several corporations
Several Temporary Restraining Orders were filed against Garcia
o Filed successively upon its expiration
o The last TPO had a clause that it would be renewed after 30 days (upon expiration) (automatic renewal)
Petitioner challenged the constitutionality of RA 9262 only on the CA level
o Violative of Equal Protection Clause and due process
Issue:
WON RA 9262 or the Violence Against Women and their Children Act is violative of the equal protection clause?-
Main Issue
WON the constitutionality of RA 9262 may be assailed in the Family Court having only specific jurisdiction?
Ruling:
No. there was no favoring of men or women as victims of violence and abuse whom the State extends its
protection
o The statute rests on substantial distinctions that women are more prone to be victims of violence than
men
o The accommodation of differences is the essence of true equality
o Women are more likely victims of violence
o Enactment of RA 9262 aims to address the discrimination brought about by biases and prejudices
against women
o RA 9262 applies equally to all women and children who suffer violence and abuse
RA 9262 was originally, although, against Anti-Domestic Violence, against all men, there were changes that
happened during the process of its legislation
Therefore, the argument that RA 9262 seeks to prevent spousal and child abuse which may be committed by
either husband or wife cannot stand
No. While family courts have original and exclusive jurisdiction to hear and decide cases of domestic violence
against women and children it is still possessed with its authority as a court of general jurisdiction to pass all
kinds of cases
o RTC has jurisdiction to decide the constitutionality of a statute