GR 179267 garcia v drilon.doc

Garcia vs. J. Drilon and Garcia, G. R. No. 179267, 25 June 2013 Facts: Private respondent Rosalie fled a peon beore the RTC o Bacolod City a Temporary Protecon Order against her husband !esus pursuant to R"#" $%&% entled '#n #ct (efning )iolence #gainst *omen and Their Children Providing or Protecve +easures or )icms Prescribing Penales Thereor and or Other Purposes", -he claimed to be a vicm o physical physical emoonal psychological and economic violence being threatened o deprivaon o custody custody o her children and o fnancial support and also a vicm o marital infdelity on the part o peoner p eoner"" The TPO .as granted but the peoner ailed to aithully comply .ith the condions set orth by the said TPO private/respondent fled another applicaon or the issuance o a TPO e0 parte" The trial court issued a modifed TPO and e0tended the same .hen peoner ailed to comment on .hy the TPO should not be modifed" #1er the given me allo.ance to ans.er ans.er the peoner no longer submi2ed the re3uired comment as it .ould be an 'a0ercise in ulity", Peoner fled beore the C# a peon or prohibion .ith prayer or in4uncon and TRO on 3uesoning the constuonality constuonality o the R# $%&% or violang the due process and e3ual protecon clauses and the validity o the modifed TPO or being 'an un.anted product o an invalid la.", The C# issued a TRO on the enorcement o the TPO but ho.ever denied the peon or ailure to raise the issue o constuonality constuonality in his pleadings beore beore the trial court and the peon or prohibion to annul protecon orders issued by the trial court constuted collateral a2ac5 on said la." Peoner fled a moon or reconsideraon but .as denied" Thus this peon is fled" 6ssues: *O7 the C# erred in dismissing the peon on the theory that the issue o constuonality constuonality .as not raised at the earliest opportunity and that the peon constutes a collateral a2ac5 on the validity o the la." *O7 the C# commi2ed serious error in ailing to conclude that R# $%&% is discriminatory un4ust and violave o the e3ual protecon protecon clause" *O7 the C# commi2ed grave mista5e in not fnding that R# $%&% runs counter to the due process clause o the Constuon *O7 the C# erred in not fnding that the la. does violence to the policy o the state to protect the amily as a basic social instuon

*O7 the C# seriously erredin declaring R# $%&% as invalid and unconstuonal because it allo.s an undue delegaon o 4udicial po.er to Brgy" O8cials" (ecision: 9" Peoner contends that the RTC has limited authority and 4urisdicon inade3uate to tac5le the comple0 issue o constuonality" Family Courts have authority and 4urisdicon to consider the constuonality o a statute" The 3ueson o constuonality must be raised at the earliest possible me so that i not raised in the pleadings it may not be raised in the trial and i not raised in the trial court it may not be considered in appeal" %" R# $%&% does not violate the guaranty o e3ual protecon o the la.s" 3ual protecon simply re3uires that all persons or things similarly situated should be treated ali5e both as to rights conerred and responsibilies imposed" 6n Victoriano v. Elizalde Rope Workerkers’ Union, the Court ruled that all that is re3uired o a valid classifcaon is that it be reasonable .hich means that the classifcaon should be based on substanal disncons .hich ma5e or real di;erences< that it must be germane to the purpose o the la.< not limited to e0isng condions only< and apply e3ually to each member o the class" Thereore R#$%&% is based on a valid classifcaon and did not violate the e3ual protecon clause by avouring .omen over men as vicms o violence and abuse to .hom the -enate e0tends its protecon" =" R# $%&% is not violave o the due process clause o the Constuon" The essence o due process is in the reasonable opportunity to be heard and submit any evidence one may have in support o one>s deense" The grant o the TPO e0parte cannot be impugned as violave o the right to due process" ?" The non/reerral o a )#*C case to a mediator is 4usfed" Peoner>s contenon that by not allo.ing mediaon the la. violated the policy o the -tate to protect and strengthen the amily as a basic autonomous social instuon cannot be sustained" 6n a memorandum o the Court it ruled that the court shall not reer the case or any issue thero to a mediator" This is so because violence is not a sub4ect or compromise" @" There is no undue delegaon o 4udicial po.er to Barangay o8cials" !udicial po.er includes the duty o the courts o 4usce to se2le actual controversies involving rights .hich are legally demandable and enorceable and to determine .hether or not there has been a grave abuse o discreon amounng to lac5 or e0cess o 4urisdicon on any part o any branch o the Aovernment .hile e0ecuve po.er is the po.er to enorce and administer the la.s" The preliminary invesgaon conducted by the prosecutor is an e0ecuve not a 4udicial uncon" The same holds true .ith the issuance o BPO" #ssistance by Brgy" O8cials and other la. enorcement agencies is consistent .ith their duty e0ecuve uncon" The peon or revie. on cerorari is denied or lac5 o merit