SC: R.A. 9262 is not violative of the due process clause of the Constitution

 SC: R.A. 9262 is not violative of the due process clause of the Constitution; The grant of a Temporary Protection Order (TPO) ex parte cannot be challenged as violative of the right to due process.

A protection order is an order issued to prevent further acts of violence against women and their children, their family or household members, and to grant other necessary reliefs. 

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The victim of VAWC may already have suffered harrowing experiences at the hands of her tormentor, and possibly even death if notice and hearing were required before such acts could be prevented. The grant of a Temporary Protection Order (TPO) ex parte cannot, therefore, be challenged as violative of the right to due process. 

Just like a writ of preliminary attachment which is issued without notice and hearing because the time in which the hearing will take could be enough to enable the defendant to abscond or dispose of his property, in the same way, the victim of VAWC may already have suffered harrowing experiences in the hands of her tormentor, and possibly even death, if notice and hearing were required before such acts could be prevented. 

The essence of due process is to be found in the [reasonable opportunity] to be heard and submit any evidence one may have in support of one's defense. 

"To be heard" does not only mean verbal arguments in court; one may be heard also through pleadings. Where opportunity to be heard, either through oral arguments or pleadings, is accorded, there is no denial of procedural due process.

G.R. No. 179267 June 25, 2013

JESUS C. GARCIA vs. DRILON et al.

🧑‍⚖️ PERLAS-BERNABE, J. 

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