Concurring Opinion of Justice Leonardo-De Castro in Garcia v.

Drilon
G.R. No. 179267 June 25, 2013

FACTS: Petitioner Jesus Garcia (husband) admitted having an affair with a bank manager. His
infidelity emotionally wounded private respondent which spawned several quarrels that left
respondent wounded. Petitioner also unconscionably beat up their daughter, Jo-ann.

The private respondent was determined to separate from petitioner. But she was afraid he would
take away their children and deprive her of financial support. He warned her that if she pursued
legal battle, she would not get a single centavo from him. After she confronted him of his affair,
he forbade her to hold office. This deprived her of access to full information about their
businesses. Hence, no source of income.

Thus, the RTC found reasonable ground to believe there was imminent danger of violence
against respondent and her children and issued a series of Temporary Protection Orders (TPO)
pursuant to RA 9262.

Republic Act No. 9262 is a landmark legislation that defines and criminalizes acts of violence
against women and their children (VAWC) perpetrated by women's intimate partners.

Petitioner hence, challenged the constitutionality of RA 9262 on making a gender-based

classification.

ISSUE: Whether or not RA 9262 is discriminatory, unjust, and violative of the equal protection
clause.

RULING: No. The equal protection clause in our Constitution does not guarantee an absolute
prohibition against classification. The non-identical treatment of women and men under RA
9262 is justified to put them on equal footing and to give substance to the policy and aim of the
state to ensure the equality of women and men in light of the biological, historical, social, and
culturally endowed differences between men and women.

RA 9262, by affording special and exclusive protection to women and children, who are
vulnerable victims of domestic violence, undoubtedly serves the important governmental
objectives of protecting human rights, insuring gender equality, and empowering women. The
gender-based classification and the special remedies prescribed by said law in favor of women
and children are substantially related, in fact essentially necessary, to achieve such objectives.
Hence, said Act survives the intermediate review or middle-tier judicial scrutiny. The gender-
based classification therein is therefore not violative of the equal protection clause embodied in
the 1987 Constitution.