Garcia v.
Drilon
G.R. No. 173267, 25 June 2013
FACTS: R.A. 9262 entitled, “An Act Defining Violence Against Women and Their Children,
Providing for Protective Measures for Victims, Prescribing Penalties Therfor, and for Other
Purposes”, which took effect on 27 March 2004, is a landmark legislation that defines and
criminalizes acts of violence against women and their children (VAWC) perpetrated by women's
intimate partners, i.e, husband; former husband; or any person who has or had a sexual or dating
relationship, or with whom the woman has a common child. The law provides for protection orders
from the barangay and the courts to prevent the 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.
Private Respondent, Rosalie Garcia, claimed to be a victim of physical abuse; emotional,
psychological, and economic violence as a result of marital infidelity on the part of petitioner, with
threats of deprivation of custody of her children and of financial support. All the emotional and
psychological turmoil drove private respondent to the brink of despair. On December 17, 2005,
while at home, she attempted suicide by cutting her wrist. Private respondent is determined to
separate from petitioner but she is afraid that he would take her children from her and deprive her
of financial support. Petitioner had previously warned her that if she goes on a legal battle with
him, she would not get a single centavo. Finding reasonable ground to believe that an imminent
danger of violence against the private respondent and her children exists or is about to recur, the
RTC Bacolod issued a Temporary Protection Order (TPO).
ISSUE: Whether or not R.A. 9262 is discriminatory, unjust, and violative of the equal protection
clause.
HELD: No. The enactment of R.A. 9262 aims to address the discrimination brought about by
biases and prejudices against women. As emphasized by the CEDAW Committee on the
Elimination of Discrimination against Women, addressing or correcting discrimination through
specific measures focused on women does not discriminate against men. The distinction between
men and women is germane to the purpose of R.A. 9262, which is to address violence committed
against women and children. Equal protection simply requires that all persons or things similarly
situated should be treated alike, both as to rights conferred and responsibilities imposed. Equality
of operation of statutes does not mean indiscriminate operation on persons merely as such, but on
persons according to the circumstances surrounding them. It guarantees equality, not identity of
rights. The Constitution does not require that things which are different in fact be treated in law as
though they were the same. The equal protection clause does not forbid discrimination as to things
that are different. It does not prohibit legislation which is limited either in the object to which it is
directed or by the territory within which it is to operate.
The equal protection of the laws clause of the Constitution allows classification. Classification in
law, as in the other departments of knowledge or practice, is the grouping of things in speculation
or practice because they agree with one another in certain particulars. A law is not invalid because
of simple inequality. The very idea of classification is that of inequality, so that it goes without
saying that the mere fact of inequality in no manner determines the matter of constitutionality. 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; that it must not be limited to existing conditions only; and that it must
apply equally to each member of the class. The Court has held that the standard is satisfied if the
classification or distinction is based on a reasonable foundation or rational basis and is not palpably
arbitrary. R.A. 9262 is based on a valid classification and did not violate the equal protection clause
by favoring women over men as victims of violence and abuse to whom the State extends its
protection.
