ALBORNOZ, MARIA ISABEL C.

1-H

JESUS C. GARCIA VS. HON. RAY ALAN T. DRILON

G.R. NO. 179267 JUNE 25, 2013
PERLAS-BERNABE, J.

FACTS: On March 23, 2006, Rosalie Jaype-Garcia filed, for herself and her three minor children,
namely Jo-Ann J. Garcia, Jessie Anthone J. Garcia and Joseph Edurad J. Garcia, a case against her
husband, Jesus C. Garcia, in pursuance of RA 9262 or Violence Against Women and Children,
before the Regional Trial Court. The husband was guilty of infidelity and physical and emotional
abuse against his wife and children. The RTC was able to issue several Temporary Protection
Orders against the husband, however the provisions of said TPO’s were not complied by the latter.
Jesus Garcia, herein, petitioner, challenged the constitutionality of RA 9262, alleging that said law
is violative of the due process and equal protection clause of the Constitution.

ISSUE: Whether or not RA 9262 or Violence Against Women and Children violates the equal
protection clause embodied in The Constitution for having a gender-based classification

RULING: No, RA 9262 does not violate the equal protection clause of The Constitution because
said clause guarantees equality and 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 allows classification. And the enactment of RA 9262 aims to address the
discrimination brought about by biases and prejudices against women, because there have been
unequal power relations between men and women since historic times which led to domination
over discrimination against women by men. Hence, the gender-based classification and special
remedies provided by law under RA 9262 should be sustained.