Issuance of Barangay Protection Order
WHAT IS A PROTECTION ORDER?
It is an order issued for the purpose of preventing further acts of violence against a woman or her child specified in R.A. 9262 (physical, sexual, and psychological violence, and economic abuse) and granting other necessary relief (Sec. 8, R.A. 9262)
- safeguarding the victim from further harm
- minimizing any disruption in the victim’s daily life
- facilitating the opportunity and ability of the victim to independently regain control over her life
- BPO – Barangay Protection Order
- TPO – Temporary Protection Order
- PPO – Permanent Protection Order
Barangay Protection Orders(BPOs)
- refer to the protection order issued by the barangay ordering the perpetrator/respondent to desist from committing the following acts: (a) causing physical harm to the woman or her child; and (b) threatening to cause the woman or her child physical harm (Sec. 13, IRR of R.A. 9262)
- Prohibition of the respondent from threatening to commit or committing, personally or through another, the above-mentioned acts
- Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise communicating with the victim-survivor, directly or indirectly (Sec. 13, IRR of R.A. 9262)
WHO MAY FILE THE PETITION FOR BARANGAY PROTECTION ORDER?
- The offended party;
- Parents or guardians of the offended party;
- Ascendants, descendants, or collateral relatives within the fourth civil degree of consanguinity or affinity;
- Officers or social workers of the DSWD or social workers of local government units (LGUs);
- Police officers, preferably those in charge of women and children’s desks;
- Punong Barangay or Barangay Kagawad;
- Lawyer, counselor, therapist or healthcare provider of the petitioner; or
- At least two (2) 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 (Sec. 9, R.A. 9262)
WHERE TO FILE
- In the barangay where the victim-survivor/ petitioner resides or is located (Sec. 15, IRR of R.A. 9262)
- Note: The place of residence or location of the victim-survivor/ petitioner may include the place where the victim-survivor temporarily resides or where she sought refuge/sanctuary to escape from and avoid continuing violence from the respondent.
HOW TO APPLY FOR A BPO
- The application for a BPO shall be in writing, signed by the victim-survivor/petitioner, and in a language understood by her/him. It shall beattested before the Punong Barangay who has jurisdiction over the application.
- The Punong Barangay or Kagawad must issue the BPO on the same day of application, immediately upon the conclusion of the ex parteproceedings (meaning: without notice and hearing to the respondent).
- The BPO shall state the:
- last known address of the respondent;
- date and time of issuance; and
- the protective remedies prayed for by the victim-survivor/petitioner.
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. In such a case, the order must be accompanied by an attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time of the issuance of the BPO.
Note: The Punong Barangay or kagawad, law enforcers and other government agencies shall not mediate or conciliate or influence the victim-survivor/petitioner for a protection order to compromise or abandon the relief sought.
Immediately after the issuance of an ex parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy of the same to the respondent, or direct any barangay official to effect its personal service.
How service is made:
- It is deemed served upon receipt thereof by the respondent or by any adult who received the BPO at the address of the respondent. OR
- In case the respondent or any adult at the residence of the respondent refuses to receive the BPO, it shall likewise be deemed served by leaving a copy of the BPO at the said address in the presence of at least two (2) witnesses.
NOTE: The BPOs shall be effective for fifteen (15) days.
Within 24 hours after a BPO is issued, the Punong Barangay, or in her/his absence or inability, any available Barangay Kagawad shall assist the victim-survivor/ petitioner in filing for an application for a TPO or PPO with the nearest court in the place of residence of the victim-survivor. If there is no Family Court or Regional Trial Court, the application may be filed in the Municipal Trial Court, the Municipal Circuit Trial Court or the Metropolitan Trial Court.
For indigent petitioner, the barangay shall ensure that transportation and other expenses are provided for in filing for an application for a protection order with the courts.
NOTE: The BPO shall be issued free of charge.
The Punong Barangay or Kagawad, or the Barangay Secretary, shall record all BPOs in a logbook specifically for cases of VAWC. They shall submit a quarterly report of all BPOs issued to the local office of the Department of the Interior and Local Government (DILG).
IMPORTANT REMINDER: The logbook is confidential and must be kept from the public especially the media.
All BPOs shall be enforceable within the barangay that issued the BPO. The Punong Barangay shall furnish a copy of all BPOs to the Philippine National Police-Women and Children Protection Desks (PNP-WCPD) who has jurisdiction in the city or municipality and shall be entered in a logbook for that purpose.
However, where a Temporary Protection has already been granted by any court, the barangay official may no longer issue a BPO.