Protecting Women and Children from Violence (Republic Act No. 9262)

Republic Act No. 9262, a law that punishes forms of violence against women and children

(VAWC), provides for an immediate and potent relief for women and children victims. Under

this law, a Protection Order may be obtained from the Barangay and from the court. A Protection Order is an order issued for the purpose of preventing further acts of violence against a woman or her child specified in Section 5 of this Act and granting other necessary

relief. 1 This order will safeguard the victim from further harm.

A Barangay Protection Order (BPO) is issued by the Barangay Captain of the Barangay where the victim is residing and is limited only to ordering the offending party to stop causing physical harm to the woman or her child and/or threatening to cause the woman or her child physical harm. The Barangay Captain must issue this Order within the same day that it is filed after determining that the application has enough basis. There is no need to invite the offending party to said investigation. If the Barangay Captain is unavailable, a Barangay Kagawad can conduct the investigation and issue the Order. The Order, once issued must be served personally by the Barangay Captain or Kagawad upon the offending party or he may direct any barangay official to do so. This Order is valid for a period of 15 days.

PROTECTING WOMEN AND CHILDREN FROM VIOLENCE (Republic Act No. 9262)

On the other hand, a Petition for Temporary Protection Order (TPO) and Permanent Protection Order (PPO) may be filed with either the Regional Trial Court or Municipal Trial Court with territorial jurisdiction over the place of residence of the petitioner but if a family court exists in the place of the petitioner, it must have to be filed with that family court.

A court issued protection order is more comprehensive in scope, as not only can it prohibit the offending party from doing or threatening to do the acts complained of, it can also include prohibitions against harassing, annoying, contacting the victim, removal of the offending party from the residence of the victim and directing the offending party to stay away from the victim, granting custody of children to the petitioner, and directing the offending party to provide support among others.

It must be noted that the law allows for the application for a protection order from the court even while an application for a BPO is pending or even if a BPO had already been issued. This is because of the short period of validity of the BPO. The reason here is obviously to prevent a gap between the validity of the BPO and the issuance of the protection order by

the court.

A protection order may be applied for by the victim, her parents or guardian, relatives, policemen, barangay officials or even strangers (2 concerned responsible citizens of the city or municipality where the violence occurred and has personal knowledge of the offense) at the Barangay Office where the victim is residing. If the applicant is not the victim, the application must be accompanied by an affidavit of the applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the circumstances of consent given by the victim for the filling of the application.

The application for a protection order must be in writing, signed and verified under oath by

the applicant. The applicant has only to fill up the following information:

(a) names and addresses of applicant and the offender;

(b) description of their relationship;

(c) a statement of the circumstances of the abuse;

(d) description of the reliefs requested by petitioner as specified in Section 8 herein;

(e) request for counsel and reasons for such;

(f) request for waiver of application fees until hearing; and

(g) an attestation that there is no pending application for a protection order in another court.

At the onset of violence or threats thereof, it is important for the victim to immediately apply

for a Barangay Protection Order.

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1 Section 8, RA 9262

2 Section 9

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