GARCIA VS.

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