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The Supreme Court upheld the constitutionality of R.A. 9262, which defines and criminalizes violence against women and their children (VAWC) by intimate partners. It dismissed the petitioner's claims of equal protection and due process violations, and affirmed the issuance of a protection order against him.
THE HONORABLE RAY ALAN T. DRILON, Presiding Judge, Regional Trial Court-Branch 41, Bacolod City, and ROSALIE JAYPE-GARCIA, for herself and in behalf of minor children, namely: JO-ANN, JOSEPH EDUARD, JESSE ANTHONE, all surnamed GARCIA, Respondents.
R.A. 9262 is a landmark legislation that defines and criminalizes acts of violence against women and their children (VAWC) perpetrated by women's intimate partners, i.e, husband; former husband; or any person who has or had a sexual or dating relationship, or with whom the woman has a common child. [5]
A concurring opinion in a petition for review on certiorari challenging the constitutionality of Republic Act No. 9262, the Anti-Violence Against Women and Their Children Act of 2004. The opinion argues that the test for equal protection should be intermediate scrutiny rather than rational basis, and that the issue of constitutionality should be raised at the earliest opportunity.
Jan 20, 2024 · The case involved a petition for prohibition challenging the constitutionality of R.A. 9262, the Anti-Violence Against Women and Their Children Act of 2004. The Court dismissed the petition and affirmed the law's validity, finding that it does not violate equal protection, due process, or family integrity.
Jun 25, 2013 · FACTS: Rosalie Jaype-Garcia (private respondent) filed, for herself and in behalf of her minor children, a verified petition before the RTC of Bacolod City for the issuance of a Temporary Protection Order (TPO) against her husband, Jesus C. Garcia (petitioner), pursuant to R.A. 9262.
G.R. No. 179267 - JESUS C. GARCIA, Petitioner, v. THE HONORABLE RAY ALAN T. DRILON, Presiding Judge, Regional Trial Court, Branch 41, Bacolod City, and ROSALIE JAYPE-GARCIA, for herself and in behalf of minor children, namely: JO-ANN, JOSEPH EDUARD, JESSIE ANTHONE, all surnamed "GARCIA," Respondents. Promulgated: . t/ . JUNE 25, 2013 ~('
