Dear PAO,
My live-in partner, with whom I have two children, has been physically assaulting and verbally abusing me for the past five years. But considering that we have kids together, I am still hesitant to file a criminal action against him. In that case, can I still apply for barangay protection in the absence of a pending criminal action for VAWC?
Angela
Dear Angela,
Please be informed of Section 14 of Republic Act 9262 or the “Anti-Violence Against Women and Their Children Act of 2004,” which states:
“SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. – Barangay Protection Orders (BPOs) 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 this Act. A Punong Barangay who receives applications for a BPO shall issue the protection order to the applicant on the date of filing after ex parte determination of the basis of the application. 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. If the BPO is issued by a Barangay Kagawad, the order must be accompanied by an attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time for the issuance of the BPO. BPOs shall be effective for fifteen (15) days. Immediately after the issuance of an ex parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy of the same on the respondent, or direct any barangay official to effect his personal service.
“The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay.”
In relation thereto, the violation of the BPO has a corresponding penalty, and a criminal action to that effect may likewise be filed as provided under Section 21 of the same law, viz:
“SECTION 21. Violation of Protection Orders. – A complaint for a violation of a BPO issued under this Act must be filed directly with any municipal trial court, metropolitan trial court, or municipal circuit trial court that has territorial jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be punishable by imprisonment of thirty (30) days without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed.
“A judgment of violation of a BPO may be appealed according to the Rules of Court. During trial and upon judgment, the trial court may motu proprio issue a protection order as it deems necessary without need of an application.
“Violation of any provision of a TPO or PPO issued under this 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.”
Given the foregoing, the victim under the said law, who may either be the woman or her child, may apply for a barangay protection order (BPO) even in the absence of a pending criminal action for VAWC for their temporary relief against physical harm or threats to commit physical harm. This BPO shall only be effective for fifteen (15) days. Consequently, you may file for a BPO even if you have not and will not file a VAWC case against your live-in partner. Said BPO is effective to protect you, as violating such an order may result in criminal liability with corresponding imprisonment of 30 days, without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed.
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 on.
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
