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Equal protection simply requires that all persons or things similarly situated should be
treated alike, both as to rights conferred and responsibilities imposed.
FACTS
This case is a petition for review on certiorari assailing the constitutionality of R.A. 9262 as being
violative of the equal protection and due process clauses.
Herein petitioner has abused his wife for a number of occasions
o He hit private respondent forcefully on the lips, causing bleeding.
o He hit private respondent on the chest and slapper her many times.
Things turned for the worse when petitioner took up an affair with a bank manager of
Robinson's Bank, Bacolod City, who is the godmother of one of their sons.
The trial court issued a Temporary Protection Order (TPO) in favor of the wife and children.
Petitioner argues that R.A. 9262, the Violence Against Women and Children Act, violates
equal protection.
The issuance of a TPO is a preventive measure. Even though it is issued ex parte, the
court is obliged to order the immediate issuance and service of the notice upon the
respondent and require him to file an opposition within 5 days..
Clearly, the respondent of a TPO is informed of the charges against him and afforded
an opportunity to present his side.
The essence of due process is an opportunity to be heard.