The Rosalie Garcfia case: Attack on constitutionality of RA No. 9262 now in the Supreme Court
Update
25 July 2008
We filed our memorandum in the Supreme Court in the Rosalie Garcia case. Lawyers for Rosalie Garcia and minor children are: Rowena Guanzon of Gender Justice Network, Claire Lucson and Ame Nina Reyes-Gallos of Womenlead Foundation, Inc.
We would like to thank the following for their insights, encouragement, and help with our research: Aurora de Dios, Catherine Mackinnon, Sandra Fredman, Rangita de Silva, Indira Jaising, Asia Cause Laywers Network, Lawyers Collective (Women’s Rights Initiative), Ayesha C. ,Naina Kapur, Cheryl Thomas, Savitri Goonesekre, Sally Goldfarb and other who provided us with jurisprudence in the US, India and Africa.
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The Rosalie Garcia case is now in the Supreme Court .
Rosalie Garcia and her 3 minor children filed for protection order under RA No. 9262 in the Regional Trial Court (Family Court) of Bacolod City Branch 41, with Judge Ray Alan Drilon presiging. To strike down the temporary protection order (which granted Rosalie and children support and a stay away order) the husband of Rosalie Garcia went to the Court of Appeals on a petition for Injunction and Prohibition and questioned the constitutionality of RA No. 9262.
The husband also filed for Certiorari in the Supreme Court (SC) while the Court of Appeals case was pending. The SC, in a minute resolution, dismissed his petition, stating that he knows fully well that he has a pending case in the Court of Appeals on the same issue.
The Court of Appeals dismissed the husband’s petition and held that the constitutionality of the law cannot be attacked for the first time on appeal.
The estranged husband� went to the Supreme Court on Certiorari . Private respondents Rosalie Garcia et al (her 3 minor children) filed their Comment, due on Oct. 15, 2007. Co-counsel with Atty. Rowena Guanzon is Atty. Mae Nina Reyes of Womenlead Foundation, Inc. � Womenlead provided research support for the Comment.
This case has been reported to the Asia Cause Lawyers Network in its last meeting in New Delhi. Thanks to our colleagues in the Women’s Rights Initiative of the Lawyers’ Collective in New Delhi for materials and jurisprudence in India.
