Substantial distinction

This case is about RA 9262, which involves a husband and father who raised the issue of whether he violates the guaranty of equal protection of the law, considering that it is intended to prevent and criminalize spousal and child abuse which could be committed by either the husband or the wife. Are the remedies under the law given only to women and children? This is the issue raised by Ernie.

Ernie was a successful businessman of Filipino-Chinese descent who owns and controls their family business in three corporations engaged in construction, trade and real estate. With his thriving business and lucrative earnings, Ernie found it quite easy and convenient to have romantic escapades with several women without getting married. In fact, he even begot a daughter with one of them, whom he named Naty and took custody and care of her.

But when he was 45 years old, he met Delia, 34, whose brains and beauty somehow captivated him until the two fell in love and got married. In fact, Delia even agreed to adopt Ernie’s natural daughter Naty. During their marriage they begot two sons, Rolly and Romy.

But as years passed, Delia discovered Ernie’s true personality. He was dominant, controlling and demanded absolute obedience from her and the children. He even felt insecure about Delia, who still catches the eyes of some men. Because of Delia’s beauty, Ernie deliberately isolated her from her friends. At one point, he even threatened to have any man eyeing her killed.

When Delia took up law and was already working part time in a law office, Ernie belittled her ambitions and prevailed upon her to stay at home even as he continued with his own profligate ways, dating other women.

Things turned for the worse when Ernie had an affair with the godmother of one of their sons who was a bank branch manager. His infidelity spawned a series of fights that left Delia physically and emotionally wounded. Their quarrels would usually result in serious injuries to Delia, like bruises, hematoma and bleeding lips. Ernie did not even spare their daughter Naty, whom he slapped and beat on the chest after blaming her for squealing on him. Indeed, when Delia threatened to leave Ernie, Naty prevailed upon her to stay for fear that if she leaves, Ernie would beat her up. Even their son Rolly was so enraged by his father’s cruelty that he resolved to beat him when he grows up.

Delia’s emotional turmoil drove her to commit suicide by cutting her wrist, resulting in her hospitalization for seven days. Ernie did not even visit, apologize or show pity on her during that time. In fact, he was not even the one who brought her to the hospital. When Delia threatened to file charges against the bank manager, Ernie decided to leave her for good.

Delia likewise decided to separate from Ernie. But she was afraid that if she would take her children, he would deprive her of support. So after more than four years of marriage, Delia filed for herself, and in behalf of her children, a Petition for Temporary Protection Order (TPO) against her husband pursuant to RA 9262.

The RTC granted the TPO until the hearing is finally terminated, ordering Ernie, among others, to remove all his personal belongings and leave their conjugal dwelling and family home; stay away from Delia and her children; not to harass or annoy them or communicate with them directly or indirectly; surrender all his firearms to the police; to give full financial support of P200,000 a month and one-month rental of P50,000 plus support in arrears amounting to P1,312,000. This TPO was affirmed by the Court of Appeals (CA).

Ernie questioned the TPO on the ground, among others, that RA 9262 on which it is based is discriminatory, unjust and violative of the equal protection clause of the Constitution. Was he correct?

No. The equal protection of the laws clause allows for valid classification. This means: (1) that the classification should be based on substantial distinctions which make for real differences; (2) that it must be germane to the purpose of the law; (3) that it must not be limited to existing conditions only and (4) that it must apply equally to each member of the class.

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 as it is based on substantial distinctions.

The distinction between men and women is likewise germane to the purpose of the law which is to address violence committed against women and children spelled out in the Declaration of Policy, where the State values the dignity of women and children and also guarantees full respect for human rights and recognizes the need to protect the family and its members, particularly women and children, from violence and threats to their personal safety and security (Sec. 2).

The application of RA 9262 is also not limited to existing conditions when it was promulgated but to future conditions as well, for as long as the safety and security of women and children are threatened by violence and abuse. It also applies equally to all women and children who suffer violence and abuse (Garcia vs. Drilon, G.R. 179267, June 25, 2013. 699 SCRA 352).