NOTES:
constitutionality must be raised at the
 A constitutional provision is self-executing if
the nature and extent of the right conferred
and the liability imposed are fixed by the
Constitution itself, so that they can be
determined by an examination and
construction of its terms, and there is no
language indicating that the subject is
referred to the legislature for action [Manila
Prince Hotel v. GSIS, G.R. No. 122156,
February 03, 1997].
 YNOT VS IAC
- The protection of the general welfare is
the particular function of the police
power which both restraints and is
restrained by due process. The police
power is simply defined as the power
inherent in the State to regulate liberty
and property for the promotion of the
general welfare
- Judicial power authorizes this; and when
the exercise is demanded, there should
be no shirking of the task for fear of
retaliation, or loss of favor, or popular
censure, or any other similar inhibition
unworthy of the bench, especially this
Court.
 GARCIA V. DRILON
- the petition for failure of petitioner to
raise the constitutional issue in his
pleadings before the trial court in the
civil case, which is clothed with
jurisdiction to resolve the same.
Secondly, the challenge to the validity
- A temporary protection order (TPO)
under Anti-VAWC Law having been
issued against Garcia, his legal
challenge that such law is
unconstitutional as it is against the equal
protection clause must fail because
there is a substantial distinction between
men and women, that is, there are
statistical likelihood of female domestic
abuse victims as opposed to male
victims.
As a general rule, the question of
earliest opportunity so that if not raised
in the pleadings, ordinarily it may not be
raised in the trial, and if not raised in the
trial court, it will not be considered on
appeal.39 Courts will not anticipate a
question of constitutional law in advance
of the necessity of deciding it.40
In defending his failure to attack the
constitutionality of R.A. 9262 before the
RTC of Bacolod City, petitioner argues
that the Family Court has limited
authority and jurisdiction that is
"inadequate to tackle the complex issue
of constitutionality."41
We disagree.
Family Courts have authority and
jurisdiction to consider the
constitutionality of a statute.
At the outset, it must be stressed that
Family Courts are special courts, of the
same level as Regional Trial Courts.
Under R.A. 8369, otherwise known as
the "Family Courts Act of 1997," family
courts have exclusive original
jurisdiction to hear and decide cases of
domestic violence against women and
children.42 In accordance with said law,
the Supreme Court designated from
among the branches of the Regional
Trial Courts at least one Family Court in
each of several key cities identified.43
To achieve harmony with the first
mentioned law, Section 7 of R.A. 9262
now provides that Regional Trial Courts
designated as Family Courts shall have
original and exclusive jurisdiction over
cases of VAWC defined under the latter
law,