2016 (Political Law) Bar Exam Questions: Question 8

[Answer/discuss the question below, or see 2016 bar exam Political Law Instructions; 2016 Political Law Questions: 1, 2, 3, 4, 5, 6, 79, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20; See also 2016 Bar Exam: Information, Discussions, Tips, Questions and Results]

-VIII-

A law is passed intended to protect women and children from all forms of violence. When a woman perceives an act to be an act of violence or a threat of violence against her, she may apply for a Barangay Protection Order (BPO) to be issued by the Barangay Chairman, which shall have the force and effect of law. Conrado, against whom a BPO had been issued on petition of his wife, went to court to challenge the constitutionality of the law. He raises the following grounds:

[a] The law violates the equal protection clause, because while it extends protection to women who may be victims of violence by their husbands, it does not extend the same protection to husbands who may be battered by their wives. (2.5%)

[b] The grant of authority to the Barangay Chairman to issue a Barangay Protection Order (BPO) constitutes an undue delegation of judicial power, because obviously, the issuance of the BPO entails the exercise of judicial power. (2.5%)

Rule on the validity of the grounds raised by Conrado, with reasons.

2 comments

  1. Conrado’s petition must fail.
    He law does not violat the equal protection clause as there are substantial distinctions between women and men.moreover, the distinction is germane to the purpose of the law which is to protect women pursuant to the avowed policy of the state for the protection of the welfare of women.

    His 2nd ground must also fail.
    Judicial power is the power of the courts of justice to adjudicate the rigs of parties and under the expanded power tosettle controversies which are legally demandable and enforceable. The issuance of. BPO does not entail such power but merely i volves the xercise of its law enforcement powers to maintain peace and order in the community.

  2. Both grounds raised by Conrado are invalid.

    (a) The law created to protect women and children does not violate the equal protection clause as it is based on a valid classification. For a classification to meet the requirements of constitutionality, it must include all person who belong to the class which this law satisfies. The classification is reasonable and pass the following requisites (1) it is based on substantial distinctions (2) germane to the purpose of the law (3) not limited to existing conditions only and (4) apply equally to all members of the class.

    (b) There is no undue delegation of judicial power to the Barangay Chairman because such function of issuing Barangay Protection Order (BPO) is purely executive in nature in pursuance to his duty under the law. The main purpose is maintaining peace and order in the community which in this case prevents the husband from causing physical harm or threatening to cause physical harm to his wife.

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