ISSUE: Whether RA9262 is constitutional PETITIONER (Gelo)
RESPONDENT (Jiggs)
SUPREME COURT (Lem)
During the pendency of the
Trmporary Protection Order case in the RTC, petitioner filed before the Court of Appeals (CA) a petition for prohibition, with prayer for injunction and temporary restraining order, challenging (1) the constitutionality of R.A. 9262 for being violative of the due process and the equal protection clauses, and
It is the women who are
more vulnerable to domestic abuses by their partners. Per DSWD, female violence comprise more than 90% of all forms of abuse and violence more than 90% of these reported cases were committed by the womens intimate partners such as their husbands and live-in partners.
R.A. 9262 does not violate the
guaranty of equal protection of the laws.
(2) the validity of
modified TPO issued in civil case for being unwanted product of invalid law." (Relevant to topic in syllabus)
the the "an an the
Also, Petitioner contended
that by not allowing mediation, the law violated the policy of the State to protect and strengthen the family as a basic autonomous social institution.
RA9262 does not violate the
guaranty of equal protection of the laws because it rests on substantial distinctions, the classification is germane to the purpose of the law, and the classification is not limited to existing conditions only, and apply equally to all members.
R.A. 9262 rests on substantial
distinctions. 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. Violence against women (VAW) is deemed to be closely linked with the unequal power relationship between women and men otherwise known as genderbased violence. Men, who experience violence from their spouses are much less likely to live in fear of violence at the hands of their spouses, and much less likely to experience sexual assault. In fact, many cases of physical violence by a woman against aspouse are in selfdefense or the result of many years of physical or emotional abuse.76 While there are, indeed, relatively few cases of violence and abuse perpetrated against men in the Philippines, the same cannot render R.A. 9262 invalid. From the initial report to the police through prosecution, trial, and sentencing, crimes against women are often treated differently and less seriously than other crimes.
The classification is germane
to the purpose of the law. 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. The classification is not limited to existing conditions only, and apply equally to all members Moreover, the application of R.A. 9262 is not limited to the existing conditions when it was promulgated, but to future conditions as well, for as long as the safety and security of women and their children are threatened by violence and abuse.