Substantial distinction

This case is about RA 9262, which involves a husband and father who raised the issue of whether he violates the guaranty of equal protection of the law, considering that it is intended to prevent and criminalize spousal and child abuse which could be committed by either the husband or the wife.

Are the remedies under the law given only to women and children? This is the issue raised by Ernie.

Ernie was a successful businessman of FilipinoChinese descent who owns and controls their family business in three corporations engaged in construction, trade and real estate. With his thriving business and lucrative earnings, Ernie found it quite easy and convenient to have romantic escapades with several women without getting married. In fact, he even begot a daughter with one of them, whom he named Naty and took custody and care of her.

But when he was 45 years old, he met Delia, 34, whose brains and beauty somehow captivated him until the two fell in love and got married. In fact, Delia even agreed to adopt Ernie's natural daughter Naty.

During their marriage they begot two sons, Rolly and Romy.

But as years passed, Delia discovered Ernie's true personality. He was dominant, controlling and demanded absolute obedience from her and the children.

He even felt insecure about Delia, who still catches the eyes of some men. Because of Delia's beauty, Ernie deliberately isolated her from her friends. At one point, he even threatened to have any man eyeing her killed.

When Delia took up law and was already working part time in a law office, Ernie belittled her ambitions and prevailed upon her to stay at home even as he continued with his own profligate ways, dating other women.