Mom can apply for protection order for abused daughter

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Persida Acosta

Persida Acosta

Dear PAO,
My daughter, Marian married Nestor in 2012. I know that my son-in-law always inflicts physical injuries on my daughter whenever he gets drunk, because this is being relayed to me by their neighbor who is a distant relative of mine.

Nestor prohibits Marian to leave the house and he always accuses her of having an illicit relationship with another man. Marian intends to file a case and apply for a protection order against her husband; however, she cannot do it personally, because Nestor is always following her every time she leaves their house. Considering the situation of my daughter, can I apply for the protection order on her behalf?
Jenny

Dear Jenny,
Section 8 of Republic Act (R.A.) No. 9262, otherwise known as the Anti-Violence Against Women and their Children (VAWC) Act of 2004,defines Protection Order as “an order issued under this act 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 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 provisions of the protection order shall be enforced by law enforcement agencies. 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)”.

A petition for protection order may be filed by any of the following: (a) The offended party; (b) 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 Department of Social Welfare and Development (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 Barangay Kagawad; (g) Lawyer, counselor, therapist or healthcare provider of the petitioner; and (h) At least two (2) concerned responsible citizens of the city or municipality where the violence against women and their children occurred and who have personal knowledge of the offense committed (Section 9, Ibid.).


Based on the provision of law mentioned in the immediately preceding paragraph, you can file a protection order on behalf of your daughter. In relation to this, Section 10 of the same law provides that:

“Xxx xxxIf 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. When disclosure of the address of the victim 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 or city over which court has territorial jurisdiction, and shall provide a mailing address for purpose of service processing”.

Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to enlighten you on the matter.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net

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