Constitutionality of RA 9262 " Anti-Violence Against
Women and Their Children Act of 2004"
JESUS
C. GARCIA vs.THE HONORABLE RAY ALAN T. DRILON
G.R.
No. 179267, June
25, 2013
LEONARDO-DE
CASTRO, J.:
FACTS:
Petitioner
Jesus Garcia (husband) appears to have inflicted violence against private
respondent (wife and daughter). Petitioner admitted having an affair with a bank manager. He
callously boasted about their sexual relations to the household help. His
infidelity emotionally wounded private respondent. Their quarrels left her with
bruises and hematoma. Petitioner also unconscionably beat up their daughter,
Jo-ann, whom he blamed for squealing on him.
All
these drove respondent Rosalie Garcia(wife) to despair causing her to attempt
suicide on December 17, 2005 by slitting her wrist. Instead of taking her to
the hospital, petitioner left the house. He never visited her when she was
confined for seven (7) days. He even told his mother-in-law that respondent
should just accept his extramarital affair since he is not cohabiting with his
paramour and has not sired a child with her.
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.
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) ordering petitioner, among other things, to surrender
all his firearms including a .9MM caliber firearm and a Walther PPK.
Petitioner challenges the constitutionality of RA 9262 for
1.
making a gender-based classification, thus, providing
remedies only to wives/women and not to husbands/men.
2. He
claims that even the title of the law, "An Act Defining Violence Against
Women and Their Children" is already sex-discriminatory because it means
violence by men against women.
3.
The law also does not include violence committed by women
against children and other women.
4.
He adds that gender alone is not enough basis to deprive the
husband/father of the remedies under it because its avowed purpose is to curb and
punish spousal violence. The said remedies are discriminatory against the
husband/male gender.
5.
There being no reasonable difference between an abused
husband and an abused wife, the equal
protection guarantee is violated.
Important
and Essential Governmental Objectives:
1.
Safeguard Human Rights,
2.
Ensure Gender Equality and
3.
Empower Women
International Laws
By
constitutional mandate, the Philippines is committed to ensure that human
rights and fundamental freedoms are fully enjoyed by everyone.
1. It
was one of the countries that voted in favor of the Universal Declaration of
Human Rights (UDHR). In addition, the Philippines is a signatory to many United
Nations human rights treaties such as the
2. Convention
on the Elimination of All Forms of Racial Discrimination,
3. the
International Covenant on Economic, Social and Cultural Rights, the
International Covenant on Civil and Political Rights, the
4. Convention
Against Torture, and the
5. Convention
on the Rights of the Child, among others.
UDHR
As
a signatory to the UDHR, the Philippines pledged itself to achieve the
promotion of universal respect for and observance of human rights and
fundamental freedoms, keeping in
mind the standards under the Declaration. Among the standards under the UDHR
are the following:
Article 1. All human beings are born
free and equal in dignity and
rights. They are endowed with reason and conscience and should act towards one
another in a spirit of brotherhood.
x
x x x
Article 7. All are equal before the law
and are entitled without any
discrimination to equal protection of the law. All are entitled to equal
protection against any discrimination in violation of this Declaration and
against any incitement to such discrimination.
Article 8. Everyone has the right to an
effective remedy by the competent
national tribunals for acts violating the fundamental rights granted him by the
constitution or by law.
Declaration of Policy in RA 9262
·
enunciates the purpose of the said law, which is
to fulfill the government’s obligation to safeguard the dignity and human
rights of women and children by providing effective remedies against domestic
violence or physical, psychological, and other forms of abuse perpetuated by
the husband, partner, or father of the victim.
·
The said law is also viewed within the context
of the constitutional mandate to ensure
gender equality, which is quoted as follows:
Section 14. The State recognizes the
role of women in nation-building, and shall ensure the fundamental equality
before the law of women and men.
ISSUE: WON R.A. NO. 9262 IS DISCRIMINATORY, UNJUST, AND VIOLATIVE OF THE EQUAL PROTECTION CLAUSE.
HELD:
RA
9262 is NOT UNCONSITUTIONAL.
1.
RA 9262 - compliance
with the CEDAW
It
has been acknowledged that "gender-based
violence is a form of discrimination that seriously inhibits women's ability to
enjoy rights and freedoms on a basis of equality with men." RA
9262 can be viewed therefore as the Philippines’ compliance with the CEDAW, which is committed to condemn
discrimination against women and directs its members to undertake, without
delay, all appropriate means to eliminate discrimination against women in all
forms both in law and in practice.
CEDAW
Known
as the International Bill of Rights of Women, the
CEDAW is the central and most comprehensive document for the advancement of
the welfare of women. The CEDAW, in its preamble, explicitly acknowledges
the existence of extensive discrimination against women, and emphasized that
such is a violation of the principles of equality
of rights and respect for human dignity.
2.
Philippine’s
obligation as state-party to CEDAW
The
Philippines is under legal obligation to ensure their development and
advancement for the improvement of their position from one of de jure as well as de facto equality with men. The CEDAW, going beyond the concept of
discrimination used in many legal standards and norms, focuses on
discrimination against women, with the emphasis that women have suffered and
are continuing to suffer from various forms of discrimination on account of
their biological sex.
The
governmental objectives of protecting human rights and fundamental freedoms,
which includes promoting gender equality and empowering women, as
mandated not only by our Constitution,
but also by commitments we have made in the international sphere, are undeniably important and essential.
RA 9262 provides the widest range of
reliefs for women and children who are victims of violence, which are often
reported to have been committed not by strangers, but by a father or a husband
or a person with whom the victim has or had a sexual or dating relationship.
3.
The
Gender-Based Classification in RA 9262 is Substantially Related to the
Achievement of Governmental Objectives
Historical Perspective:
·
A foreign history professor noted that:
"from the earliest civilizations on, the subjugation of women, in the
form of violence, were facts of life,
·
Judeo-Christian religious ideas; Greek
philosophy; and the Common Law Legal Code: all "assumed patriarchy
as natural; that is, male domination stemming from the view of male
superiority."
·
18th century legal expert William Blackstone, reflected the theological assumption that: husband
and wife were ‘one body’ before God; thus "they were ‘one person’ under
the law, and that one person was the husband," a concept that evidently
found its way in some of our Civil Code provisions prior to the enactment of
the Family Code.
·
Society and tradition dictate that the culture
of patriarchy continues. Men are expected to take on the dominant roles both in
the community and in the family. This perception naturally leads to men gaining
more power over women – power, which must necessarily be controlled and
maintained. Violence against women is one of the ways men control women to
retain such power.
·
In ancient
western societies, women whether slave, concubine or wife, were
under the authority of men. In law, they were treated as property.
·
The Roman
concept of patria potestas
allowed the husband to beat, or even kill, his wife if she endangered his
property right over her.
·
Judaism,
Christianity and other religions oriented towards the
patriarchal family strengthened the male dominated structure of society.
·
English
feudal law reinforced the tradition of male control over women.
·
However, in the late 1500s and through the
entire 1600s, English common law
began to limit the right of husbands to chastise their wives. Thus,
common law developed the rule of thumb, which allowed husbands to beat their
wives with a rod or stick no thicker than their thumb.
Statistics:
The
enactment of RA 9262 was in response to the undeniable numerous cases involving
violence committed against women in the Philippines.
·
In 2012, the Philippine National Police (PNP)
reported that 65% or 11,531 out
of 15,969 cases involving violence against women were filed under RA 9262.
·
From 2004 to 2012, violations of RA. 9262 ranked
first among the different categories of violence committed against women. The
number of reported cases showed an increasing trend from 2004 to 2012,
·
The law recognizes, with valid factual
support based on statistics that women and children are the most vulnerable
victims of violence, and therefore need legal intervention. On the other hand,
there is a dearth of empirical basis to anchor a conclusion that men need legal
protection from violence perpetuated by women.
4.
Different
treatment of women and men based on biological, social, and cultural
differences
The
persistent and existing biological, social, and cultural differences between
women and men prescribe that they be treated differently under particular
conditions in order to achieve substantive equality for women. Thus, the
disadvantaged position of a woman as compared to a man requires the special
protection of the law, as gleaned from the following recommendations of the CEDAW Committee:
·
The Convention requires that women be given an
equal start and that they be empowered by an enabling environment to achieve
equality of results. It is not enough to
guarantee women treatment that is identical to that of men. Rather, biological
as well as socially and culturally constructed differences between women and
men must be taken into account. Under certain circumstances, non-identical
treatment of women and men will be required in order to address such
differences. Pursuit of the goal of substantive equality also calls for an
effective strategy aimed at overcoming under representation of women and a
redistribution of resources and power between men and women.
·
Equality of results is the logical corollary of de facto or substantive equality. These
results may be quantitative and/or qualitative in nature; that is, women
enjoying their rights in various fields in fairly equal numbers with men,
enjoying the same income levels, equality in decision-making and political
influence, and women enjoying freedom from violence.
The
government’s commitment to ensure that the status of a woman in all spheres of
her life are parallel to that of a man, requires the adoption and
implementation of ameliorative measures, such as RA 9262. Unless the woman is
guaranteed that the violence that she endures in her private affairs will not
be ignored by the government, which is committed to uplift her to her rightful
place as a human being, then she can neither achieve substantive equality nor
be empowered.
5.
RA 9262
justified under the Constitution
The
Constitution abundantly authorize Congress or the government to actively
undertake ameliorative action that would remedy existing inequalities and
inequities experienced by women and children brought about by years of
discrimination. The equal protection clause when juxtaposed to this provision
provides a stronger mandate for the government to combat such discrimination.
Indeed, these provisions order Congress to "give
highest priority to the enactment of measures that protect and enhance the
right of all the people to human dignity, reduce social, economic, and
political inequalities and remove cultural inequities."
RA 9262 is “THE” ameliorative action
·
In enacting R.A. 9262, Congress has taken an ameliorative
action that would address the evil effects of the social model of
patriarchy, a pattern that is deeply embedded in the society’s subconscious, on
Filipino women and children and elevate their status as human beings on the same level as the father or the
husband.
·
R.A. 9262 aims to put a stop to the cycle of
male abuses borne of discrimination against women. It is an ameliorative
measure, not a form of "reverse discrimination" against. Ameliorative
action "is not an exception to equality, but an expression and
attainment of de facto equality, the
genuine and substantive equality which the Filipino people themselves enshrined
as a goal of the 1987 Constitution." Ameliorative measures are necessary
as a redistributive mechanism in an unequal society to achieve substantive
equality.
Ameliorative measures to achieve
substantive equality
In
the context of women’s rights, substantive equality has been
defined by the Convention on the Elimination of all forms of Discrimination
Against Women (CEDAW) as equality which requires that women be given an equal
start and that they be empowered by an enabling environment to achieve equality
of results. It is not enough to guarantee women treatment that is identical to
that of men. Rather, biological as well as socially and culturally
constructed differences between women and men must be taken into account. Under
certain circumstances, non-identical
treatment of women and men will be required in order to address such
differences.
Women’s
struggle for equality with men has evolved under three models:
1. Formal
equality - women and men are to be regarded and treated as the same.
But this model does not take into account biological and socially constructed
differences between women and men. By failing to take into account these
differences, a formal equality approach may in fact perpetuate discrimination
and disadvantage.
2. Protectionist
model – this recognizes differences between women and men but considers
women’s weakness as the rationale for different treatment. This approach reinforces the inferior
status of women and does not address the issue of discrimination of women on
account of their gender.
3. Substantive
equality model – this assumes that women are "not vulnerable by
nature, but suffer from imposed disadvantage" and that "if
these imposed disadvantages were eliminated, there was no further need for
protection." Thus, the substantive equality model gives prime importance
to women’s contexts, realities, and experiences, and the outcomes or
results of acts and measures directed, at or affecting them, with a view to
eliminating the disadvantages they experience as women.
6.
The
gender-based classification of RA 9262 does not violate the Equal Protection
Clause (application of the substantive
equality model)
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.
Justice
Brion: As traditionally viewed, the constitutional provision of equal
protection simply requires that similarly situated persons be treated in the
same way. It does not connote identity of rights among individuals, nor does it
require that every person is treated identically in all circumstances. It acts
as a safeguard to ensure that State-drawn distinctions among persons are based
on reasonable classifications and made pursuant to a proper governmental
purpose. In short, statutory classifications are not unconstitutional when
shown to be reasonable and made pursuant to a legitimate government objective.
R.A. No. 9262 as a measure intended to strengthen the family. Congress found that
domestic and other forms of violence against women and children contribute to
the failure to unify and strengthen family ties, thereby impeding the State’s
mandate to actively promote the family’s total development. Congress also
found, as a reality, that women and
children are more susceptible to domestic and other forms of violence due
to, among others, the pervasive bias and prejudice against women and the stereotyping
of roles within the family environment that traditionally exist in Philippine
society. On this basis, Congress found it necessary to recognize the
substantial distinction within the family between men, on the one hand, and
women and children, on the other hand. This recognition, incidentally, is not
the first to be made in the laws as our law on persons and family under the
Civil Code also recognize, in various ways, the distinctions between men and
women in the context of the family.
Justice
Leonen: It may be said that violence in the context of intimate
relationships should not be seen and encrusted as a gender issue; rather, it is
a power issue.
By
concurring with these statements I express a hope: that the normative
constitutional requirements of human dignity and fundamental equality can
become descriptive reality. The socially constructed distinctions between women
and men that have afflicted us and spawned discrimination and violence should
be eradicated sooner. Power and intimacy should not co-exist.
The intimate spaces created by our human
relationships are our safe havens from the helter skelter of this world. It is
in that space where we grow in the safety of the special other who we hope will
be there for our entire lifetime. If that is not possible, then for such time
as will be sufficient to create cherished memories enough to last for eternity.
I
concur in the ponencia. Against abominable acts, let this law take its full
course.
Justice
Abad: RA 9262 is a historic step in the Filipino women's long struggle
to be freed from a long-held belief that men are entitled, when displeased or
minded, to hit their wives or partners and their children. This law
institutionalizes prompt community response to this violent behavior through
barangay officials who can command the man to immediately desist from harming
his home partner and their children. It also establishes domestic violence as a
crime, not only against its victims but against society as well. No
longer is domestic violence lightly dismissed as a case of marital dispute that
law enforcers ought not to get into.
Chief Justice Puno on Expanded Equal protection
and Substantive Equality
Chief
Justice Reynato S. Puno espouses that the equal protection clause can no longer
be interpreted as only a guarantee of formal equality but of substantive equality. "It
ought to be construed in consonance with social justice as ‘the heart’
particularly of the 1987 Constitution—a transformative covenant in which the
Filipino people agreed to enshrine asymmetrical
equality to uplift disadvantaged groups and build a genuinely egalitarian
democracy." This means that the weak, including women in relation to
men, can be treated with a measure of bias that they may cease to be weak.
Chief
Justice Puno goes on: "The Expanded Equal Protection Clause,
anchored on the human rights rationale, is designed as a weapon against the
indignity of discrimination so that in the patently
unequal Philippine society, each person may be restored to his or her
rightful position as a person with equal moral status."
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