SC upholds constitutionality of domestic violence act

MANILA, Philippines - The Supreme Court (SC) has upheld the constitutionality of Republic Act 9262 or the Anti-Violence Against Women and Children Act of 2004.

In a unanimous decision penned by Associate Justice Estela Perlas-Bernabe, the high court dismissed the petition filed by a man separated from his family after allegedly beating his wife in Bacolod.

The SC junked the allegations of petitioner Jesus Garcia that RA 9262 is “violative of the equal protection and due process clauses, and an undue delegation of judicial power to barangay officials” based on the application of the law on the case filed against him in a Bacolod regional trial court.

The case stemmed from a complaint filed against Garcia on March 23, 2006 by his wife, who sought issuance of a temporary protection order (TPO) from the court. She claimed she was physically and emotionally abused by her husband.

The lower court granted the petition after a month and issued the TPO, which required Garcia to leave their conjugal dwelling, stay away from his wife and her children from a distance of 1,000 meters and to pay full financial support to his wife and three children, including house rental, educational and medical expenses.

Garcia elevated the case to the Court of Appeals and questioned the constitutionality of RA 9262. The appellate court then dismissed his petition, prompting him to bring the case before the SC.

Garcia also claimed before the SC that the law violated his right to due process after the court issued a TPO preventing him from getting near his wife and their children.

But the SC stressed he was given five days to appeal the TPO issued by the lower court.

“The respondent of a petition for protection order is apprised of the charges imputed to him and afforded an opportunity to present his side. Where opportunity to be heard, either through oral arguments or pleadings, is accorded, there is no denial of procedural due process,” the high court said.

The high tribunal also held there was no undue delegation of judicial power when a barangay chief issued an order asking Garcia to stop harming or threatening to harm his wife and children.

“Such function of the Punong Barangay is thus purely executive in nature,” the SC pointed out.

On Garcia’s argument that RA 9262 is violative of equal protection and due process, the SC ruled that the assailed law does not violate the equal protection clause by favoring women over men as victims of violence and abuse.