Valid classification

This case is about RA 9262 protecting women and children against violence and abuse. The case involves a husband and father who raised the issue of whether it violates the guaranty of equal protection of the laws considering that it is intended to prevent and criminalize spousal and child abuse which could very well be committed by either the husband or the wife. So why are the remedies under the law given only to women and children? This is the issue raised by Eddie here.

Eddie 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, Eddie 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 Gina and just took custody and care of her.

But when he was already 45 years old, he met Bella, 34 years old, whose brains and beauty somehow captivated him until the two fell in love with each other and got married. In fact, Bella even agreed to adopt Eddie’s natural daughter, Gina. During their marriage they begot two sons Ronnie and Randy.

But as years passed, Bella discovered Eddie’s true personality. He was dominant, controlling and demands absolute obedience from her and the children. He even felt insecure about Bella who still catches the eye of some men because of her beauty that he deliberately isolated her from her friends. At one point he even threatened to have any man eying her killed. When Bella took up law and was already working part time in a law office, Eddie 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 Eddie had an affair with the godmother of one of their sons who was a bank branch manager in their place. But his infidelity spawned a series of fights that left Bella physically and emotionally wounded. Their quarrels would usually result in serious injuries to Bella, like bruises, hematoma and bleeding lips. Eddie didn’t even spare their daughter Gina whom he slapped and beat on the chest after blaming her for squealing on him. Indeed when Bella threatened to leave Eddie, Gina prevailed upon her to stay for fear that if she leaves, Eddie would beat her up. Even their son Randy was so enraged by his father’s cruelty that he resolved to beat him when he grows up.

Bella’s emotional turmoil even drove her to commit suicide by cutting her wrist resulting in her hospitalization for 7 days. Eddie did not even visit, apologized and showed pity on her during that time and in fact was not even the one who brought her to the hospital. And when Bella threatened to file charges against the bank manager, Eddie decided to leave her for good.

Bella was likewise determined to separate from Eddie but she was afraid that she would take her children and deprive her of support. So after more than four years of marriage, Bella 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, as subsequently affirmed by the Court of Appeals (CA) granted the TPO until the hearing is finally terminated, ordering Eddie, among others, to remove all his personal belongings and leave their conjugal dwelling and family home; stay away from Bella 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 P1,312,000.00.

Eddie 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 for real differences justifying 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 in the Declaration of Policy where the “State values the dignity of women and children and guarantees full respect for human rights” as well as “recognizes the need to protect the family and its members particularly women and children, from violence and threats in 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).

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