A protection order is 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 this Act and granting other necessary relief. The relief granted 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. [1]
There are three types of protection orders, the Barangay Protection Order, the Temporary Protection Order, and the Permanent Protection Order. All are issued upon application by the applicant and in the case of the PPO, after notice and hearing. A protection order, may, however, be issued by a trial court motu proprio, during the pendency of, or upon judgment, in a case for violation of a Barangay Protection Order. This is an exception to the general rule that a protection order is issued upon application.
Barangay Protection Order refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts under Section 5 (a) and (b) of the law. Section 5 (a) and (b) of the law penalizes the act of causing harm to the woman or her child and/or threatening to cause the woman or her child physical harm. Thus, a Barangay Protection Order by itself in limited in its application to physical violence caused, or threatened to be caused to a woman or her child. Its duration is also limited to 15 days from issuance of the protection order.[2]
Temporary Protection Order refers to the protection order issued by the court on the date of filing of the application after ex parte determination that such order should be issued. A court may grant a TPO in any, some or all of the reliefs mentioned in the law and shall be effective for thirty (30) days. The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. The court shall order the immediate personal service of the TPO on the respondent by the court sheriff who may obtain the assistance of law enforcement agents for the service. The TPO shall include notice of the date of hearing on the merits of the issuance of the PPO.[3]
Permanent Protection Orders refers to protection orders issued by the court after notice and hearing. On the date of hearing, the non-appearance of a respondent despite proper notice, or his lack of a lawyer, or the non-availability his lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO. If the respondent appears without counsel on the date of hearing on the PPO, the court shall appoint a lawyer for the respondent and immediately proceed with the hearing. In case the respondent fails to appear despite proper notice, the court shall allow ex parte presentation of the evidence by the applicant and render judgment on the evidence presented. The court shall allow the introduction of any history of abusive conduct of a respondent even if the same was not directed against the applicant or the person for whom the application is made. The court shall, to the extent possible, conduct the hearing on the merits of the issuance of the PPO in one (1) day. Where the court is unable to hearing within one (1) day and the TPO issued is due to expire, the court shall continuously extend or renew the TPO for a period of thirty (30) days at each particular time until final judgment is issued. The extended or renewed TPO may be modified by the court as may be necessary or applicable to address the needs of the applicant. The court may grant the any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO shall be effective until revoked by a court upon application of the person in whose favor the order was issued. The court shall ensure immediate personal service of the PPO on the respondent. The court shall not deny the issuance of a protection order on the basis of lapse of time between violence and the filing of the application. Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not the PPO shall become final. Even in a dismissal, a PPO shall be granted as long as there is no clear showing that the act from which the order might arise did not exist.[4]
Reliefs Available under a Protection Order. – The protection orders that may be issued under the law shall include any, some, or all of the following reliefs[5]:
a.) Prohibition of the respondent from threatening to commit or committing, personally or through another, any of the acts mentioned in Section 5 of the law;
b.) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise communicating with the petitioner, directly or indirectly;
c.) Removal and exclusion of the respondent from the residence of the petitioner, regardless of ownership of the residence, either temporarily for the purpose of protecting the petitioner, or permanently where no property rights are violated, and if respondent must remove personal effects from the residence, the court shall direct a law enforcement agent to accompany the respondent has gathered his things and escort respondent from the residence;
d.) Directing the respondent to stay away from the petitioner and designated family or household members at a distance specified by the court, and to stay away from the residence, school, place of employment, or any specified place, frequented by the petitioner and any designated family or household member;
e.) Directing lawful possession and use by petitioner of an automobile and other essential personal effects, regardless of ownership, and directing the appropriate law enforcement officer to accompany the petitioner to the residence of the parties to ensure that the petitioner is safely restored to the possession of the automobile and other personal effects, or to supervise the petitioner’s ir respondent’s removal of personal belongings;
f.) Granting a temporary or permanent custody of a child/children to the petitioner;
g) Directing the respondent to provide support to the woman and/or her child if entitled to legal support. Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or salary of the respondent to be withheld regularly by the respondent’s employer for the same to be automatically remitted directly to the woman. Failure to remit and/or withhold or any delay in the remittance of support to the woman and/or her child without justifiable cause shall render the respondent or his employer liable for indirect contempt of court;
h.) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order him to surrender the same to the court for appropriate disposition by the court, including the revocation of license and disqualification to apply for any license to use or possess firearm. If the offender is a law enforcement agent, the court shall order the offender to surrender his firearm and shall direct the appropriate authority to investigate on the offender and take appropriate action on the matter;
i.) Restitution for actual damages caused by the violence inflicted, including but not limited to, property damage, medical expenses, childcare expenses and loss of income;
j.) Directing the DSWD or any appropriate agency to provide petitioner any counselling she may need; and
k.) Provision of such other forms of relief as the court deems necessary to protect and provide for the safety of the petitioner and any designated family or household member, provided petitioner and designated family or household member consents to such relief.
Any of the reliefs provided under Section 8 shall be granted even in the absence of a decree of legal separation or annulment or declaration of absolute nullity of marriage. The issuance of a BPO or the pendency of application for BPO shall not preclude a petitioner from applying for, or the court for granting a TPO or PPO.
Mandatory Notice in Protection Orders – The following statement must be printed in bold-face or in capital letters on the protection orders issued by the Punong Barangay or court:[6]
“VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW”
Legal Separation and Protection Orders – In cases of legal separation, where violence as specified in the Act is alleged, Section 58 of the Family Code shall not apply. The court shall proceed on the main case and other incidents of the case as soon as possible. The hearing on any application for a protection order filed by the petitioner must be conducted within the mandatory period specified in this Act.[7]. Section 58 of the Family Code, which the act ordered set aside in cases where violence is alleged in a petition for legal separation case, pertains to the cooling-off period of six months where a case for legal separation shall not be tried before six months shall have elapsed since the filing of the petition, in order for the parties to be given a chance to reconcile. It must be noted that some of the grounds[8] in a case for legal separation involve physical, sexual, or psychological violence precisely proscribed by the Act. Thus, a party suffering under some of the grounds for legal separation may apply for a protection order. The two remedies are not mutually exclusive, but are in fact complementary. Thus, a petition for legal separation may include an application for issuance of a protection order, if the grounds include one of the remedies provided for issuance of a protection order. However, the legal effects of a petition for legal separation and an application for protection order are separate and distinct from each other.
Violation of Protection Orders – Aside from the reliefs granted under a protection order, violation of the protection order itself is a ground for criminal action. However, only violations of barangay protection orders maybe filed as a criminal case before the appropriate municipal trial court, metropolitan trial court or municipal trial court that has jurisdiction over the barangay that issued the BPO. A judgment of violation of the BPO may be appealed to the higher courts under the Rules of Court. During the pendency of the case for violation of the BPO, or upon judgment, the trial court may issue a protection order as it deems necessary without need of an application. A judgment of conviction on a violation of a BPO carries with it a penalty of imprisonment punishable by thirty (30) days, without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed. Thus, since the acts covered by a BPO fall under Section 5 (a) and (b) of the law, any of the acts committed under those sections in violation of the BPO constitute separate and distinct acts from the violation of the BPO that may give rise to civil or criminal liability.
On the other hand, a violation of any provision of a TPO or PPO issued under the Act shall constitute contempt of court punishable under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed.[9] Where a trial court issues a protection order motu proprio in a case for violation of barangay protection order, a violation of the said protection order issued motu proprio shall also be punishable as contempt of court under Rule 71 of the Rules of Court.
Persons who may apply for a protection order. – A petition for issuance of a permanent or protection order may be filed by any of the following[10]:
a.) The offended party;
b.) The parents or guardians of the offended party;
c.) Ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity;
d.) Officers or social workers of the DSWD or social workers of local government units (LGUs);
e.) Police officers, preferably those in charge of women and children’s desks;
f.) Punong Barangay or Barnagay Kagawad;
g.) Lawyer, counselor, therapist or healthcare provider of the petitioner;
h.) At least two concerned responsible citizens of the city or municipality where the violence against women and their children occurred and who has personal knowledge of the offense committed.
Where and How To Apply For Protection Orders. – The law recognizes that the offended party may or may not file the petition for protection order, out of fear, intimidation, lack of capacity and any other reason that vitiates the will of the offended party, thus, it designated other persons who may file the same in her or his behalf. Thus, if the applicant is not the victim, the application must be accompanied by an affidavit of the applicant attesting to the circumstances of the abuse suffered by the victim and, the circumstances of the consent given by the victim for the filing of the petition. When disclosure of the application application will pose danger to her life, it shall be so stated in the application. In such a case, the applicant shall attest that the victim is residing in the municipality over which the court has territorial jurisdiction, and shall provide a mailing address for purposes of service processing.[11]
Application for BPO shall follow the rules on venue under Section 409 of the Local Government Code and its implementing rules and regulations. An application for TPO or PPO may be filed in the regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial court with territorial jurisdiction over the place of residence of the petitioner; provided, however, that if a Family Court exists in the place of residence of the petitioner, the application shall be filed with that court.[12] The application for protection order must be in writing, signed and verified under oath by the applicant. It may be filed as an independent action or as an incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a violence as described in the Act. A standard protection order application form, written in English with translation to the major local languages, shall be available to facilitate applications for protection orders, and shall contain, among others, the following information: [13]
a.) names and addresses of the petitioner;
b.) description of relationships between petitioner and respondent;
c.) 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.
An application for protection order filed with the court shall be considered as an application for both a TPO and a PPO. Barangay officials and personnel shall assist applicants in the preparation of the application. Law enforcement agents shall also extend assistance in the application for protection orders in cases brought to their attention.
If the woman or her child requests in the application for a protection order for the appointment of counsel because of lack of economic means to hire a counsel de parte, the court shall immediately direct the Public Attorneys Office (PAO) to represent the petitioner in the hearing of the application. If the PAO determines that the applicant can afford to hire the services of a counsel de parte, it shall facilitate the legal representation of the petitioner by a counsel de parte. The lack of access to family or conjugal resources by the applicant, such as when the same are controlled by the perpetrator, shall qualify the petitioner to legal representation by the PAO. However, a private counsel offering free legal service is not barred from representing the petitioner.[14]
Enforceability of Protection Orders; Bond to keep the peace – All TPOs and PPOs under the law shall be enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months.[15] The Court may order any person against whom a protection order is issued to give a bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the violence sought to be prevented. Should the respondent fail to give the bond as required, he shall be detained for a period which shall not exceed six months, if he shall have been prosecuted for acts punishable under Section 5(a) to 5(f) and not exceeding thirty days, if for acts punishable under Section 5(g) to 5(i).[16]
[1] Sec. 8, RA 9262
[2] Sec. 14, RA 9262
[3] Sec. 15, RA 9262
[4] Sec. 16, RA 9262
[5] Sec. 8, RA 9262
[6] Sec. 17, RA 9262
[7] Sec. 19, RA 9262
[8] Art. 55 of the Family Code of the Philippines provides that a petition for legal separation may be filed on any of the following grounds: a) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner; b) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation; c) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement; d) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned; e) Drug addiction or habitual alcoholism of the respondent; f) Lesbianism or homosexuality of the respondent; g) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad; h) Sexual infidelity or perversion; i) Attempt by the respondent against the life of the petitioner; or j) Abandonment of petitioner by respondent without justifiable cause for more than one year.
[9] Sec. 21, RA 9262
[10] Sec. 9, RA 9262
[11] Sec. 11, RA 9262
[12] Sec. 10, RA 9262
[13] Sec. 11, RA 9262
[14] Sec. 13, RA 9262
[15] Sec. 12, RA 9262
[16] Sec. 23.