What is a protection order under Republic Act 9262?
The law defines a protection order as an order issued under RA 9262 for the purpose of preventing further acts of violence against a woman or her child specified in Section 5 of the law and granting other reliefs. The relief under a protection order serve the purpose of safeguarding the victim from further harm, minimizing any disruption in the victim’s daily life, and facilitating the opportunity and ability of the victim to independently regain control over her life.
There are three kinds of protection orders, the Barangay Protection Order, the Temporary Protection Order, and the Permanent Protection Order. The temporary and protection orders are issued by the courts upon compliance with substantial and procedural requirements, while a Barangay protection order is issued by the Barangay having jurisdiction over the victim’s residence.
This post limits itself to protection orders issued by the Barangay (BPO)
The law specifically empowers the barangays to prevent acts of violence against women and their children by giving them the power to issue barangay protection orders, enforcing them, and penalizing the respondent for violation of the provisions of the barangay protection order. It specifically enjoins the Barangay to act with despatch in preventing violence against women through physical harm, the recurrence thereof, and the threat of imminent physical harm to the woman or her child or children.
Does the grant of issuance of barangay protection order constitute an undue delegation of judicial power to the Barangay?
In one case, the Supreme Court ruled that there was no undue delegation of judicial power to the barangay of the law, in violation of the Constitution, thus:
“Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. On the other hand, executive power “is generally defined as the power to enforce and administer the laws. It is the power of carrying the laws into practical operation and enforcing their due observance.
As clearly delimited by the afore-quoted provision, the BPO issued by the Punong Barangay or, in his unavailability, any any available Barangay Kagawad, merely orders the perpetrator to desist from (a) causing physical harm to the woman or her child; and (2) threatening to cause the woman or her child physical harm. Such function of the Punong Barangay, is thus, purely executive in nature, in pursuance of his duty under the Local Government Code to “enforce all laws and ordinances,” and to “maintain public order in the barangay”.
We have held that “(t)he mere fact that an office is required by law to inquire into the existence of certain facts and to apply the law thereto in order to determine what his official conduct shall be and the fact that these acts may affect private rights do not constitute an exercise of judicial powers.
In the same manner as the public prosecutor ascertains through a preliminary inquiry or proceeding “whether there is reasonable ground to believe that an offense has been committed and the accused is probably guilty thereof,“ the Punong Barangay must determine reasonable ground to believe that an imminent danger of violence against the woman or her child exists or is about to recur that would necessitate the issuance of a BPO. The preliminary investigation conducted by the prosecutor is, concededly, an executive, not a judicial function. The same holds true with the issuance of a BPO”. (G.R. NO. 179267, JUNE 25, 2013, Garcia vs Drilon, et al.)
A Barangay Protection Order is a protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts under Section 5 (a) and (b) of RA 9262. Thus, the perpetrator is ordered to desist from causing physical harm to the woman or her and/or threatening to cause the woman or her child physical harm. A Barangay protection order is more limited in scope than that granted by the courts, presupposing that it is recurring or imminent physical harm towards the victim that should be averted. The application and/or grant of a Barangay protection order does not preclude the filing of a temporary or a permanent protection order with the court.
Procedure
Applications for Barangay protection orders should comply with the rules on venue under Section 409 of the Local Government Code of 1991, thus; (a) disputes between persons actually residing in the same barangay shall be brought for amicable settlement before the lupon of said barangay while those involving actual residents of different barangays within the same city or municipality shall be brought in the barangay where the respondent or any of the respondents actually resides, at the election of the complaint.
Applications for and hearing for the grant of protection order shall have precedence over all other business of the barangay.
A Punong Barangay who receives an application for a BPO shall issue the protection order to the applicant on the date of filing of after ex party determination of the basis of the application. If the Punong Barangay is unavailable to act on the application for a BPO, the application shall be acted upon by any available Barangay Kagawad. If the BPO is issued by a Barangay Kagawad the order must be accompanied by an attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time for the issuance of the BPO.
A Barangay Protection Order is effective for fifteen (15) days. The ex party BPO shall, upon issuance, be immediately and personally served upon the respondent by the Punong Barangay, the Barangay Kagawad, or he may direct any barangay officer to effect its personal service to the respondent. In any proceeding before the barangay, the parties may be accompanied by a non-lawyer advocate.
A Barangay protection order shall contain in printed form in capital letters the notice:
“VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW.”
A violation of the barangay protection order must be filed directly with any municipal trial court, metropolitan trial court or municipal trial having territiorial jurisdiction over the barangay that issued the protection order. Violation of BPO shall be punishable by imprisonment of thirty (30) days without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed. A respondent who wish to appeal on a judgment for violation of BPO may appeal according to the Rules of Court. The trial court hearing the case for violation of a BPO may issue a protection order moot proprio as it deems necessary without need of an application.
In conclusion, a barangay protection order is the most immediate relief that a woman victim of violence can resort to, but for a more effective and comprehensive protection against violence, the petitioner should resort to the court for relief. After all, the court has broader power to grant relief under the law.
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