
POLITICAL QUESTION; SEPARATION OF POWERS; VAWC
Author: 79467545 β’ 71 views β’ 2023-03-07 23:16:21
POLITICAL QUESTION; SEPARATION OF POWERS; Anti-Violence Against Women and Children Act of 2004
It is settled that courts are not concerned with the wisdom, justice, policy, or expediency of a statute. Hence, we dare not venture into the real motivations and wisdom of the members of Congress in limiting the protection against violence and abuse under R.A. 9262 to women and children only.
No proper challenge on said grounds may be entertained in this proceeding. Congress has made its choice and it is not our prerogative to supplant this judgment. The choice may be perceived as erroneous but even then, the remedy against it is to seek its amendment or repeal by the legislative.
By the principle of separation of powers, it is the legislative that determines the necessity, adequacy, wisdom and expediency of any law. We only step in when there is a violation of the Constitution. However, none was sufficiently shown in this case.
G.R. No. 179267Β Β June 25, 2013
JESUS C. GARCIA vs. DRILON et al.
π§ββοΈ PERLAS-BERNABE, J.
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https://lawphil.net/judjuris/juri2013/jun2013/gr_179267_2013.html
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