My son-in-law has been repeatedly abusing my daughter physically and psychologically. My daughter already filed a complaint for violation of Republic Act 9262 against her husband before the Prosecutor’s Office. She was already issued a barangay (village) protection order but it is valid only for 15 days. Can we ask for a protection order to permanently prevent my son-in-law from getting near my daughter and further hurting her?
Victims of violence as defined under Republic Act (RA) 9262 may be granted a protection order to safeguard them from further harm, minimize any disruption in their daily life and facilitate the opportunity and ability of the victims to independently regain control over their life. The protection orders that may be issued under RA 9262 are the barangay protection order (BPO), temporary protection order (TPO) and permanent protection order (PPO).
Your daughter may be issued a permanent protection order by filing an application before the Family Court of the place where she is residing (Section 10, RA 9262). The application for a protection order must be in writing, signed and verified under oath by the applicant. It may be filed as an independent action or as incidental relief in any civil or criminal case the subject matter or issue thereof partakes of violence as described under RA 9262 (Section 11, RA 9262).
Petitions for protection orders may be filed by any of the following persons: 1) the offended party; 2) parents or guardians of the offended party; 3) ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity; 4) officers or social workers of the Department of Social Welfare and Development (DSWD) or social workers of local government units (LGUs); 5) police officers, preferably those in charge of women and children’s desks; 6) Punong Barangay or Barangay Kagawad; 7) lawyer, counselor, therapist or healthcare provider of the petitioner; or 8) 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, RA 9262). If 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 filing 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 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. An application for protection order filed with a court shall be considered an application for both a TPO and PPO (Section 11, RA 9262).
All temporary and permanent protection orders issued pursuant to RA 9262 shall be enforceable anywhere in the Philippines. Any person who violates the same shall be punished 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 (Section 12,RA 9262).
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts that 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 email@example.com