Is it feasible to use divorce law to address violence against women and their children?
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A screenshot of one YouTube user's comment after the brutal murder of a woman by the latter's live-in partner.
"Hailed as the bastion of Christianity in Asia, the Philippines boasts of 86.8 million Filipinos- or 93 percent of a total population of 93.3 million – adhering to the teachings of Jesus Christ.
Yet, the admonition for husbands to love their wives as their own bodies just as Christ loved the church and gave himself up for her failed to prevent, or even to curb, the pervasiveness of violence against Filipino women.
[G.R. No. 179267 June 25, 2013
JESUS C. GARCIA vs. DRILON et al.
For the years 2000-2003, "female violence comprised more than 90% of all forms of abuse and violence and more than 90% of these reported cases were committed by the women's intimate partners such as their husbands and live-in partners." (National Commission on the Role of Filipino Women [NCRFW], Report).
Thus, on March 8, 2004, after nine (9) years of spirited advocacy by women's groups, Congress enacted Republic Act (R.A.) No. 9262, entitled "An Act Defining Violence Against Women and Their Children, Providing for Protective Measures for Victims, Prescribing Penalties Therefor, and for Other Purposes." It took effect on March 27, 2004.
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.
The law provides for protection orders from the barangay and the courts to prevent the commission of further acts of VAWC; and outlines the duties and responsibilities of barangay officials, law enforcers, prosecutors and court personnel, social workers, health care providers, and other local government officials in responding to complaints of VAWC or requests for assistance.
TAKE NOTE:
In 2013, the Supreme Court (SC) upholds the constitutionality of R.A. 9262. In applying the Separation of Powers doctrine, the SC, through Justice PERLAS-BERNABE, states:
"It is settled that courts are not concerned with the wisdom, justice, policy, or expediency of a statute. Hence, we dare not venture into the real motivations and wisdom of the members of Congress in limiting the protection against violence and abuse under R.A. 9262 to women and children only."
"No proper challenge on said grounds may be entertained in this proceeding. Congress has made its choice and it is not our prerogative to supplant this judgment. The choice may be perceived as erroneous but even then, the remedy against it is to seek its amendment or repeal by the legislative."
"By the principle of separation of powers, it is the legislative that determines the necessity, adequacy, wisdom and expediency of any law. We only step in when there is a violation of the Constitution. However, none was sufficiently shown in this case."
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