
Dear PAO,
I filed a complaint for violation of RA 9262 against my former live-in partner before the prosecutor’s office. However, he is still going to our house and is always threatening to harm me.
Is there a way where I can immediately ask for protection from him? Court proceedings usually take long and I really fear for my safety.
GS
Dear GS,
Women who are victims of violence may ask for Protection Order to prevent the further commission of acts of violence against them. A protection order is one that is issued under Republic Act (RA) No. 9262 for the purpose of preventing further acts of violence against a woman or her child and granting other necessary relief. The relief granted under a protection order serves 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. The protection orders that may be issued under this Act are the barangay protection order (BPO), temporary protection order (TPO) and permanent protection order (PPO) (Section 8, RA No. 9262).
To immediately prevent your former live-in partner from going to your house and from threatening you with further harm, you may ask for a BPO from your barangay. Unlike the other protection orders, a barangay protection order is issued on the same day of its application (Section 14, Rules and Regulations Implementing the Anti-Violence Against Women and their Children Act of 2004).
Your application for BPO shall be in writing, signed and written in a language you understood, and attested by your Punong Barangay. The application for BPO shall be ex-parte, that is, without notice and hearing to the respondent, and shall have priority over all proceedings. The Punong Barangay or Kagawad must issue the BPO on the same day of application, immediately upon the conclusion of the ex-parte proceedings, free of charge. The BPO shall be effective for fifteen days and shall be enforceable within the barangay that issued it. Immediately after the issuance of an ex-parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy of the same to your former live-in partner, or direct any barangay official to effect its personal service. The Punong Barangay shall furnish a copy of all BPOs to the Philippine National Police-Women and Children Protection Desks who has jurisdiction in the city or municipality. The issuance of a BPO or the pendency of an application for a BPO shall not preclude you from applying for a TPO or a PPO to our courts (Section 14, Rules and Regulations Implementing the Anti-Violence Against Women and their Children Act of 2004).
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to
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