2015 Remedial Law, Q3

Juliet invoking the provisions of the Rule on Violence Against Women and their Children filed with the RTC designated as a Family Court a petition for issuance of a Temporary Protection Order (TPO) against her husband, Romeo. The Family Court issued a 30-day TPO against Romeo. A day before the expiration of the TPO, Juliet filed a motion for extension. Romeo in his opposition raised, among others, the constitutionality of R.A. No. 9262 (The VAWC Law) arguing that the law authorizing the issuance of a TPO violates the equal protection and due process clauses of the 1987 Constitution. The Family Court judge, in granting the motion for extension of the TPO, declined to rule on the constitutionality of R.A. No. 9262. The Family Court judge reasoned that Family Courts are without jurisdiction to pass upon constitutional issues, being a special court of limited jurisdiction and R.A. No. 8369, the law creating the Family Courts, does not provide for such jurisdiction. Is the Family Court judge correct when he declined to resolve the constitutionality of R.A. No. 9262? (3%)

Quick check

Do Family Courts created under R.A. No. 8369 have jurisdiction to resolve constitutional issues?

What is the landmark case where the Supreme Court upheld the constitutionality of R.A. No. 9262?

Why does R.A. No. 9262 not violate the Equal Protection Clause of the 1987 Constitution?

Does the ex parte issuance of a Temporary Protection Order under R.A. No. 9262 violate procedural due process?

What should a trial court judge do when the constitutionality of a statute is properly raised as lis mota?

Learn more about these topics

1. Family Court Jurisdiction
Under Republic Act No. 8369, Family Courts are designated Regional Trial Courts possessing jurisdiction over family cases. Designation as a special court does not diminish or divest a Regional Trial Court of its inherent judicial authority under the Constitution. A Family Court retains the full judicial power of a Regional Trial Court, including the authority to pass upon constitutional questions when properly raised by a party during litigation. Declining jurisdiction over constitutional issues on the ground of being a special court is legally erroneous.

2. Judicial Review Power
The power of judicial review is vested in the Supreme Court and all lower courts, including Regional Trial Courts. When the constitutionality of a statute, such as Republic Act No. 9262, is directly challenged as a defense in a case, trial courts are bound to resolve the constitutional issue if it is the very lis mota of the controversy. Courts cannot evade resolving constitutional challenges properly brought before them simply because the law involved falls under a specialized subject matter.

3. Constitutionality of VAWC
In Garcia v. Drilon, the Supreme Court squarely upheld the constitutional validity of Republic Act No. 9262, ruling that the law does not violate the equal protection or due process clauses of the Constitution. Gender-based statutory protection is based on substantial distinctions, as women and children are historically more vulnerable to domestic violence. Furthermore, the ex parte issuance of temporary protection orders is a valid exercise of state police power designed to prevent further harm.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026