Garcia v. Drilon, G.R. No.

179267, 25 June 2013

Facts: On March 23, 2006, the private respondent filed, for herself and in behalf of her minor
children, a verified petition before the Regional Trial Court of Bacolod City for the issuance of a
Temporary Protection Order against the petitioner pursuant to R.A. 9262. She 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. As a result of the said petition, the regional trial court issued a temporary
protection order against the petitioner. The petitioner is now questioning the constitutionality of
R.A. 9262 as being violative of the equal protection and due process clauses, and an undue
delegation of judicial power to barangay officials.

Issue: Whether or not R.A 9262 is in violation of the equal protection and due process clauses of
the constitution and an undue delegation of judicial power to barangay officials?

Held: No. First, RA 9262 does not violate the guaranty of equal protection of the laws since equal
protection simply requires that all persons or things similarly situated should be treated alike, both
as to rights conferred and responsibilities imposed. The guaranty of equal protection of the laws is
not a guaranty of equality in the application of the laws upon all citizens of the state. It is not,
therefore, a requirement, in order to avoid the constitutional prohibition against inequality, that
every man, woman and child should be affected alike by a statute. Second, R.A. 9262 is not
violative of the due process clause of the Constitution especially on the issuance of the protection
order. The purpose of the protection order is to safeguard the offended parties from further harm,
minimize any disruption in their daily life and facilitate the opportunity and ability to regain control
of their life. Last, there is no undue delegation of judicial power to barangay officials since the
preliminary investigation conducted by the prosecutor is, concededly, an executive, not a judicial,
function and that the same holds true with the issuance of a barangay protection order.