protection order

7/24/2019 Protection Order

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PROTECTION ORDER

Under Section 8 of RA 9262 denes “protection order” as anorder issued for the purpose of preventing further acts ofviolence against a woman or her children specied in Section and granting other necessar! relief"

#he provisions of the protection orders must $e enforced $! lawenforcement agencies"

#he three %inds of protection orders under RA 9262 are&

'" ()* +(aranga! )rotection *rder,-

2" #)* +#emporar! )rotection *rder, issued $! the court- and." ))* +)ermanent )rotection *rder, issued $! the court"

#he Regional #rial /ourt designated as a 0amil! /ourt hasoriginal and e1clusive urisdiction over cases of violence againstwomen and their children" 3n the a$sence of a 0amil! /ourt inthe place where the o4ense was committed5 the case can $eled in the Regional #rial /ourt where the crime or an! of itselements was committed5 at the option of the complainant"

#HE PURPOSES OF A PROTECTION ORDER;

#he reliefs granted under a protection order are for&

'7 safeguarding the victim from further harm5

27 minimiing an! disruption in the victims dail! life5 and

.7 providing the opportunit! and a$ilit! of the victim to

independentl! regain control over her life"

The reliefs or remedies under a protetion order are thefollo!in";

#he protection orders that ma! $e issued under Section 8 of RA9262 include an!5 some5 or all of the following reliefs&



a7 )rohi$ition of the respondent from threatening to commit orcommitting5 personall! or through another5 an! of the actsmentioned in Section of this Act-

$7 )rohi$ition of the respondent from harassing5 anno!ing5telephoning5 contacting or otherwise communicating with thepetitioner5 directl! or indirectl!-

c7 Removal and e1clusion of the respondent from the residenceof the petitioner5 regardless of ownership of the residence5either temporaril! for the purpose or protecting the petitioner5or permanentl! where no propert! rights are violated5 and if

respondents must remove personal e4ects from the residence5the court shall direct a law enforcement agent to accompan!the respondent has gathered his things and escort respondentfrom the residence-

d7 :irecting the respondent to sta! awa! from petitioner anddesignated famil! or household mem$er at a distance specied$! the court5 and to sta! awa! from the residence5 school5 placeof emplo!ment5 or an! specied place fre;uented $! the

petitioner and an! designated famil! or household mem$er-

e7 :irecting lawful possession and use $! petitioner of anautomo$ile and other essential personal e4ects5 regardless ofownership5 and directing the appropriate law enforcemento<cer to accompan! the petitioner to the residence of theparties to ensure that the petitioner is safel! restored to thepossession of the automo$ile and other essential personale4ects5 or to supervise the petitioners or respondents removal

of personal $elongings-

f7 =ranting temporar! or permanent custod! of a child orchildren to the petitioner-

g7 :irecting the respondent to provide support to the womanor her child if entitled to legal support" >otwithstanding other



laws to the contrar!5 the court shall order an appropriatepercentage of the income or salar! of the respondent to $ewithheld regularl! $! the respondents emplo!er for the sameto $e automaticall! remitted directl! to the woman"

0ailure to remit or withhold or an! dela! in the remittance ofsupport to the woman or her children without ustia$le causewill render the respondent or his emplo!er lia$le for indirectcontempt of court-

h7 )rohi$ition of the respondent from an! use or possession ofan! rearm or deadl! weapon and order him to surrender thesame to the court for appropriate disposition $! the court5

including revocation of license and dis;ualication to appl! forean! license to use or possess a rearm" 3f the o4ender is a lawenforcement agent5 the court shall order the o4ender tosurrender his rearm and shall direct the appropriate authorit!to investigate on the o4ender and ta%e appropriate action onthe matter-

i7 Restitution for actual damages caused $! the violencein?icted5 including $ut not limited to5 propert! damage5 medical

e1penses5 childcare e1penses and loss of income-

7 :irecting the :S@: or an! appropriate agenc! to providewhat the petitioner ma! need- and

%7 )rovision of such other forms of relief as the court deemsnecessar! to protect and provide for the safet! of the petitionerand an! designated famil! or household mem$er5 providedpetitioner and an! designated famil! or household mem$er

consents to such relief"

An! of the reliefs provided a$ove shall $e granted even in thea$sence of a decree of legal separation or annulment ordeclaration of a$solute nullit! of marriage"



Is it onl# the !oman$%itim or her hildren !ho an as&for the issuane of a protetion order'

>o" iolence against women or their children is considered as a

pu$lic o4ense under Section 2 of RA 9262" Section 9 of RA9262 enumerates the persons5 $esides the woman or herchildren5 who can le the petition for a protection order" #hesepersons are&

• parents or guardians of the o4ended part!-

• ascendants5 descendants or collateral relatives within the

fourth civil degree of consanguinit! or a<nit!-

• o<cers or social wor%ers of the :S@: or social wor%ers oflocal government units +B=Us,-

• police o<cers5 prefera$l! those in charge of women and

childrens des%s-

• )unong (aranga! or (aranga! Cagawad-

• law!er5 counselor5 therapist or healthcare provider of the

petitioner- or

• at least two concerned responsi$le citiens of the cit! or

municipalit! where the violence against women and theirchildren too% place and who have personal %nowledge ofthe o4ense committed"

Proedures in appl#in" for a protetion order;Section '' of RA 9262 provides the steps in appl!ing for a

protection order&

#he application for a protection order must $e in writing5 signedand veried under oath $! the applicant"

3t ma! $e led as an independent action or as incidental reliefin an! civil or criminal case the su$ect matter or issues thereof



parta%es of violence as descri$ed in this Act"

A standard protection order application form5 written in Dnglishwith translation to the maor local languages5 is availa$le to

facilitate applications for protection order5 and contains5 amongothers5 the following information&

'7 names and addresses of the petitioner and respondent

27 description of relationships $etween petitioner andrespondent-

.7 a statement of the circumstances of the a$use-description

of the reliefs re;uested $! petitioner as specied in Section 8herein-

E7 re;uest for counsel and reasons for such-

7 re;uest for waiver of application fees until hearing- and

67 an attestation that there is no pending application for aprotection order in another court"

3f the applicant is not the victim5 the application must $eaccompanied $! an a<davit of the applicant certif!ing to +a,the circumstances of the a$use su4ered $! the victim and +$,the circumstances of consent given $! the victim for the lingof the application" @hen disclosure of the address of the victimwill pose danger to her life5 it must $e so stated in theapplication" 3n such a case5 the applicant shall attest that thevictim is residing in the municipalit! or cit! over which the court

has territorial urisdiction5 and must provide a mailing addressfor purpose of service processing"

An application for protection order led with a court is anapplication for $oth a #)* and ))*"

(aranga! o<cials and court personnel must assist applicants in



the preparation of the application" Baw enforcement agentsmust also e1tend assistance in the application for protectionorders in cases $rought to their attention"

Does the TPO or PPO ha%e %alid e(et onl# !ithin the )urisdition of the ourt !hih issued the order'

Section '2 of RA 9262 provides&“All #)*s and ))*s issuedunder this Act shall $e enforcea$le an!where in the )hilippinesand a violation thereof shall $e punisha$le with a ne rangingfrom 0ive #housand pesos +)5FFF"FF, to 0ift! #housand )esos+)F5FFF"FF, andGor imprisonment of si1 +6, months"”

*hat are the proedures in the issuane of a +aran"a#Protetion Order'

Section 'E of RA 9262 provides for the following procedures&

A )unong (aranga! who receives applications for a ()* shallissue the protection order to the applicant on the date of lingafter e1 parte determination of the $asis of the application"

'7 3f the )unong (aranga! is unavaila$le to act on theapplication for a ()*5 the application shall $e acted upon $!

an! availa$le (aranga! Cagawad"

27 3f the ()* is issued $! a (aranga! Cagawad5 the order must$e accompanied $! an attestation $! the (aranga! Cagawadthat the )unong (aranga! was unavaila$le at the time of theissuance of a ()*"

.7 ()*s shall $e e4ective for fteen da!s"

E7 3mmediatel! after the issuance of an e1 parte ()*5 the)unong (aranga! or (aranga! Cagawad shall personall! servea cop! of the same on the respondent5 or direct an! $aranga!o<cial to e4ect its personal service"

7 #he parties ma! $e accompanied $! a nonHlaw!er advocate



in an! proceeding $efore the )unong (aranga!"

#he ()* is limited to onl! the following reliefs or remedies&

a7 )rohi$ition of the respondent from threatening to commit orcommitting5 personall! or through another5 an! of the actsmentioned in Section of this Act-

$7 )rohi$ition of the respondent from harassing5 anno!ing5telephoning5 contacting or otherwise communicating with thepetitioner5 directl! or indirectl!"

If the ,aran"a# issued a +PO- !ill this pre%ent the!oman$%itim or her hildren from "oin" to ourt and

as&in" for a TPO or a PPO'

#he issuance of a (aranga! )rotection *rder or the pendenc! of an application for ()* does not prevent a petitioner fromappl!ing for5 or the court from granting a #)* or ))*"

*hat is a Temporar# Protetion Order .TPO/'

Section ' of RA 9262 denes a #)* as the protection orderissued $! the court on the date of ling of the application after

e1 parte determination that such order should $e issued"

D1 parte determination means that the o4ender does not needto $e notied of the hearing or to $e present during the hearingfor the issuance of a #)*"

*hat an the ourt pro%ide for in a TPO'

A court ma! grant in a #)* an!5 some or all of all the reliefsmentioned in Section 8 of RA 9262" #he #)* is e4ective for

thirt! da!s" #he court must schedule a hearing on the issuanceof a ))* on or $efore the date of the e1piration of the #)*"

#he court must order the immediate personal service of the #)* on the respondent $! the court sheri4 who ma! o$tain theassistance of law enforcement agents for the service" #he #)*



must include notice of the date of the hearing on the merits ofthe issuance of a ))*"

*hat is a Permanent Protetion Order .PPO/'

Section '6 of RA 9262 denes “)ermanent )rotection *rder”+))*, as the protection order issued $! the court after noticeand hearing"

@hile a #)* ma! $e decided e1 parte5 notice to the allegedo4ender and due hearing are necessar! for the issuance of a))*"

*hat if the o(ender refuses or fails to appear durin"the hearin" for the issuane of a PPO'

#he alleged o4ender cannot frustrate ustice $! refusing orfailing to appear during the hearing" RA 9262 provides for thefollowing&

'7 Respondents nonHappearance despite proper notice5 or hislac% of a law!er5 or the nonHavaila$ilit! of his law!er shall not$e a ground for rescheduling or postponing the hearing on themerits of the issuance of a ))*"

27 3f the respondent appears without counsel on the date ofthe hearing on the ))*5 the court shall appoint a law!er for therespondent and immediatel! proceed with the hearing"

.7 3n case the respondent fails to appear despite proper notice5the court shall allow e1 parte presentation of the evidence $!the applicant and render udgment on the $asis of the evidencepresented"

*hat are the proedures to ,e follo!ed ,# the ourt inthe hearin" for the issuane of a PPO'

RA 9262 provides for the following procedures&

'7 #he court shall allow the introduction of an! histor! of



a$usive conduct of a respondent even if the same was notdirected against the applicant or the person for whom theapplication is made"

27 #he court shall5 to the e1tent possi$le5 conduct the hearingon the merits of the issuance of a ))* in one da!"

.7 @here the court is una$le to conduct the hearing within oneda! and the #)* issued is due to e1pire5 the court mustcontinuousl! e1tend or renew the #)* for a period of thirt! da!sat each particular time until a nal udgment is issued" #hee1tended or renewed #)* ma! $e modied $! the court as ma!$e necessar! or applica$le to address the needs of the

applicant"

E7 #he court ma! grant an!5 some or all of the reliefs speciedin Section 8 hereof in a ))*" A ))* is e4ective until revo%ed $!a court upon application of the person in whose favor the orderwas issued"

7 #he court must ensure immediate personal service of the))* on respondent"

67 #he court must not den! the issuance of protection order onthe $asis of the lapse of time $etween the act of violence andthe ling of the application"

I7 Regardless of the conviction or ac;uittal of the respondent5the /ourt must determine whether or not the ))* should$ecome nal" Dven in a dismissal5 a ))* must $e granted aslong as there is no clear showing that the act from which the

order might arise did not e1ist"*hat should the op# of the protetion order ontain'

Section 'I of RA 9262 provides that the following statementmust $e printed in $oldfaced t!pe or in capital letters on theprotection order issued $! the )unong (aranga! or /ourt&“3*BA#3*> *0 #J3S *R:DR 3S )U>3SJA(BD (K BA@”



*hat !ill happen if the ,aran"a# or the ourt fails too,ser%e the periods mentioned in RA 0121'

Section '8 provides that failure to act on an application for aprotection order within the prescri$ed period without ustia$le

cause will render the o<cial or udge administrativel! lia$le"

*hat if the ,aran"a# ounil or the )ud"es are ,us# !ithother matters'

Section 2F provides that application for a protection order musthave priorit!&

'7 (aranga! o<cials and the courts must schedule andconduct hearings on applications for a protection order underthis Act a$ove all other $usiness and5 if necessar!5 suspendother proceedings in order to hear applications for a protectionorder"

27 D1 parte and adversarial hearings to determine the $asis ofapplications for a protection order under RA 9262 must havepriorit! over all other proceedings"

*hat if the ,aran"a# issued a +PO ,ut the !oman3s

intimate partner %iolates it ,# in4itin" harm orthreatenin" the !oman and5or her hild'

Under Section 2'5 violation of a ()* is punisha$le $!imprisonment of thirt! da!s without preudice to an! othercriminal or civil action that the o4ended part! ma! le for an!of the acts committed"

'7 A complaint for a violation of a ()* issued under this Act

must $e led directl! with an! municipal trial court5metropolitan trial court5 or municipal circuit trial court that hasterritorial urisdiction over the $aranga! that issued the ()*"

27 A udgment of violation of a ()* ma! $e appealed accordingto the Rules of /ourt" :uring trial and upon udgment5 the trial



court ma! on its own issue a protection order as it deemsnecessar! without need of an application"

*hat are the onse6uenes if a TPO or a PPO is%iolated'

iolation of an! provision of a #)* or a ))* issued under thisAct constitutes contempt of court punisha$le under Rule I' ofthe Rules of /ourt5 without preudice to an! other criminal orcivil action that the o4ended part! ma! le for an! of the actscommitted"

*hat onse6uenes- if an#- are there if ,aran"a# orpolie o7ials refuse to at on a omplaint 8led ,# ana,used !oman or her hildren'

An! $aranga! o<cial or law enforcer who fails to report theincident is lia$le for a ne not e1ceeding ten thousand pesos orwhenever applica$le criminal5 civil or administrative lia$ilit!"

Are omplaints for %iolations of RA 0121 o%ered ,# the,aran"a# )ustie s#stem- or ,# mediation andoniliation'

>o" Section .. provides that the following are prohi$ited acts&

'7 A )unong (aranga!5 (aranga! Cagawad or the court hearingan application for a protection order must not order5 direct5force or in an! wa! undul! in?uence the applicant for aprotection order to compromise or a$andon an! of the reliefssought in the application for protection under RA 9262"

27 Section I of the 0amil! /ourts Act of '99I and Sections E'F5E''5 E'2 and E'. of the Bocal =overnment /ode of '99' do not

appl! in proceedings where relief is sought under RA 9262"

.7 0ailure to compl! with this Section will render the o<cial or udge administrativel! lia$le"

Section 8 of RA 9262 denes “protection order” as an order issued for the

purpose of preventing further acts of violence against a woman or her



children specied in Section and granting other necessar! relief"

#he provisions of the protection orders must $e enforced $! law enforcement

agencies"

*hat are the di(erent &inds of protetion orders under RA 0121'

#he three %inds of protection orders under RA 9262 are&

E" ()* +(aranga! )rotection *rder,-

" #)* +#emporar! )rotection *rder, issued $! the court- and

6" ))* +)ermanent )rotection *rder, issued $! the court"

*hat ourt has )urisdition o%er RA 0121 ases'

#he Regional #rial /ourt designated as a 0amil! /ourt has original and

e1clusive urisdiction over cases of violence against women and their

children"

3n the a$sence of a 0amil! /ourt in the place where the o4ense was

committed5 the case can $e led in the Regional #rial /ourt where the crime

or an! of its elements was committed5 at the option of the complainant"

*hat are the purposes of a protetion order'

#he reliefs granted under a protection order are for&

'7 safeguarding the victim from further harm5

27 minimiing an! disruption in the victims dail! life5 and

.7 providing the opportunit! and a$ilit! of the victim to independentl!

regain control over her life"

*hat are the reliefs or remedies under a protetion order'

#he protection orders that ma! $e issued under Section 8 of RA 9262 include

an!5 some5 or all of the following reliefs&



a7 )rohi$ition of the respondent from threatening to commit or committing5

personall! or through another5 an! of the acts mentioned in Section of this

Act-

$7 )rohi$ition of the respondent from harassing5 anno!ing5 telephoning5

contacting or otherwise communicating with the petitioner5 directl! or

indirectl!-

c7 Removal and e1clusion of the respondent from the residence of the

petitioner5 regardless of ownership of the residence5 either temporaril! for

the purpose or protecting the petitioner5 or permanentl! where no propert!

rights are violated5 and if respondents must remove personal e4ects from

the residence5 the court shall direct a law enforcement agent to accompan!

the respondent has gathered his things and escort respondent from the

residence-

d7 :irecting the respondent to sta! awa! from petitioner and designated

famil! or household mem$er at a distance specied $! the court5 and to sta!

awa! from the residence5 school5 place of emplo!ment5 or an! specied

place fre;uented $! the petitioner and an! designated famil! or household

mem$er-

e7 :irecting lawful possession and use $! petitioner of an automo$ile and

other essential personal e4ects5 regardless of ownership5 and directing the

appropriate law enforcement o<cer to accompan! the petitioner to theresidence of the parties to ensure that the petitioner is safel! restored to the

possession of the automo$ile and other essential personal e4ects5 or to

supervise the petitioners or respondents removal of personal $elongings-

f7 =ranting temporar! or permanent custod! of a child or children to the

petitioner-

g7 :irecting the respondent to provide support to the woman or her child if

entitled to legal support" >otwithstanding other laws to the contrar!5 the

court shall order an appropriate percentage of the income or salar! of therespondent to $e withheld regularl! $! the respondents emplo!er for the

same to $e automaticall! remitted directl! to the woman"

0ailure to remit or withhold or an! dela! in the remittance of support to the

woman or her children without ustia$le cause will render the respondent or

his emplo!er lia$le for indirect contempt of court-



h7 )rohi$ition of the respondent from an! use or possession of an! rearm

or deadl! weapon and order him to surrender the same to the court for

appropriate disposition $! the court5 including revocation of license and

dis;ualication to appl! fore an! license to use or possess a rearm" 3f the

o4ender is a law enforcement agent5 the court shall order the o4ender to

surrender his rearm and shall direct the appropriate authorit! to investigate

on the o4ender and ta%e appropriate action on the matter-

i7 Restitution for actual damages caused $! the violence in?icted5 including

$ut not limited to5 propert! damage5 medical e1penses5 childcare e1penses

and loss of income-

7 :irecting the :S@: or an! appropriate agenc! to provide what the

petitioner ma! need- and

%7 )rovision of such other forms of relief as the court deems necessar! to

protect and provide for the safet! of the petitioner and an! designated famil!

or household mem$er5 provided petitioner and an! designated famil! or

household mem$er consents to such relief"

An! of the reliefs provided a$ove shall $e granted even in the a$sence of a

decree of legal separation or annulment or declaration of a$solute nullit! of

marriage"

Is it onl# the !oman$%itim or her hildren !ho an as& for the

issuane of a protetion order'

>o" iolence against women or their children is considered as a pu$lic

o4ense under Section 2 of RA 9262" Section 9 of RA 9262 enumerates the

persons5 $esides the woman or her children5 who can le the petition for a

protection order" #hese persons are&

• parents or guardians of the o4ended part!-

• ascendants5 descendants or collateral relatives within the fourth civil

degree of consanguinit! or a<nit!-

• o<cers or social wor%ers of the :S@: or social wor%ers of local

government units +B=Us,-



• police o<cers5 prefera$l! those in charge of women and childrens

des%s-

• )unong (aranga! or (aranga! Cagawad-

• law!er5 counselor5 therapist or healthcare provider of the petitioner- or

• at least two concerned responsi$le citiens of the cit! or municipalit!

where the violence against women and their children too% place and

who have personal %nowledge of the o4ense committed"

*hat are the proedures in appl#in" for a protetion order'

Section '' of RA 9262 provides the steps in appl!ing for a protection order&

#he application for a protection order must $e in writing5 signed and veried

under oath $! the applicant"

3t ma! $e led as an independent action or as incidental relief in an! civil or

criminal case the su$ect matter or issues thereof parta%es of violence as

descri$ed in this Act"

A standard protection order application form5 written in Dnglish with

translation to the maor local languages5 is availa$le to facilitate applications

for protection order5 and contains5 among others5 the following information&

'7 names and addresses of the petitioner and respondent

27 description of relationships $etween petitioner and respondent-

.7 a statement of the circumstances of the a$use-description of the reliefs

re;uested $! petitioner as specied in Section 8 herein-

E7 re;uest for counsel and reasons for such-

7 re;uest for waiver of application fees until hearing- and

67 an attestation that there is no pending application for a protection order

in another court"

3f the applicant is not the victim5 the application must $e accompanied $! an

a<davit of the applicant certif!ing to +a, the circumstances of the a$use



su4ered $! the victim and +$, the circumstances of consent given $! the

victim for the ling of the application" @hen disclosure of the address of the

victim will pose danger to her life5 it must $e so stated in the application" 3n

such a case5 the applicant shall attest that the victim is residing in the

municipalit! or cit! over which the court has territorial urisdiction5 and must

provide a mailing address for purpose of service processing"

An application for protection order led with a court is an application for $oth

a #)* and ))*"

(aranga! o<cials and court personnel must assist applicants in the

preparation of the application" Baw enforcement agents must also e1tend

assistance in the application for protection orders in cases $rought to their

attention"

Does the TPO or PPO ha%e %alid e(et onl# !ithin the )urisdition ofthe ourt !hih issued the order'

Section '2 of RA 9262 provides&“All #)*s and ))*s issued under this Act

shall $e enforcea$le an!where in the )hilippines and a violation thereof shall

$e punisha$le with a ne ranging from 0ive #housand pesos +)5FFF"FF, to

0ift! #housand )esos +)F5FFF"FF, andGor imprisonment of si1 +6, months"”

*hat are the proedures in the issuane of a +aran"a# Protetion

Order'

Section 'E of RA 9262 provides for the following procedures&

A )unong (aranga! who receives applications for a ()* shall issue the

protection order to the applicant on the date of ling after e1 parte

determination of the $asis of the application"

'7 3f the )unong (aranga! is unavaila$le to act on the application for a ()*5

the application shall $e acted upon $! an! availa$le (aranga! Cagawad"

27 3f the ()* is issued $! a (aranga! Cagawad5 the order must $e

accompanied $! an attestation $! the (aranga! Cagawad that the )unong

(aranga! was unavaila$le at the time of the issuance of a ()*"

.7 ()*s shall $e e4ective for fteen da!s"

E7 3mmediatel! after the issuance of an e1 parte ()*5 the )unong (aranga!



or (aranga! Cagawad shall personall! serve a cop! of the same on the

respondent5 or direct an! $aranga! o<cial to e4ect its personal service"

7 #he parties ma! $e accompanied $! a nonHlaw!er advocate in an!

proceeding $efore the )unong (aranga!"

#he ()* is limited to onl! the following reliefs or remedies&

a7 )rohi$ition of the respondent from threatening to commit or committing5

personall! or through another5 an! of the acts mentioned in Section of this

Act-

$7 )rohi$ition of the respondent from harassing5 anno!ing5 telephoning5

contacting or otherwise communicating with the petitioner5 directl! or

indirectl!"If the ,aran"a# issued a +PO- !ill this pre%ent the !oman$%itim or

her hildren from "oin" to ourt and as&in" for a TPO or a PPO'

#he issuance of a (aranga! )rotection *rder or the pendenc! of an

application for ()* does not prevent a petitioner from appl!ing for5 or the

court from granting a #)* or ))*"

*hat is a Temporar# Protetion Order .TPO/'

Section ' of RA 9262 denes a #)* as the protection order issued $! the

court on the date of ling of the application after e1 parte determination that

such order should $e issued"

D1 parte determination means that the o4ender does not need to $e notied

of the hearing or to $e present during the hearing for the issuance of a #)*"

*hat an the ourt pro%ide for in a TPO'

A court ma! grant in a #)* an!5 some or all of all the reliefs mentioned in

Section 8 of RA 9262" #he #)* is e4ective for thirt! da!s" #he court must

schedule a hearing on the issuance of a ))* on or $efore the date of thee1piration of the #)*"

#he court must order the immediate personal service of the #)* on the

respondent $! the court sheri4 who ma! o$tain the assistance of law

enforcement agents for the service" #he #)* must include notice of the date

of the hearing on the merits of the issuance of a ))*"



*hat is a Permanent Protetion Order .PPO/'

Section '6 of RA 9262 denes “)ermanent )rotection *rder” +))*, as the

protection order issued $! the court after notice and hearing"

@hile a #)* ma! $e decided e1 parte5 notice to the alleged o4ender and duehearing are necessar! for the issuance of a ))*"

*hat if the o(ender refuses or fails to appear durin" the hearin" for

the issuane of a PPO'

#he alleged o4ender cannot frustrate ustice $! refusing or failing to appear

during the hearing" RA 9262 provides for the following&

'7 Respondents nonHappearance despite proper notice5 or his lac% of a

law!er5 or the nonHavaila$ilit! of his law!er shall not $e a ground for

rescheduling or postponing the hearing on the merits of the issuance of a

))*"

27 3f the respondent appears without counsel on the date of the hearing on

the ))*5 the court shall appoint a law!er for the respondent and immediatel!

proceed with the hearing"

.7 3n case the respondent fails to appear despite proper notice5 the court

shall allow e1 parte presentation of the evidence $! the applicant and render

udgment on the $asis of the evidence presented"

*hat are the proedures to ,e follo!ed ,# the ourt in the hearin"

for the issuane of a PPO'

RA 9262 provides for the following procedures&

'7 #he court shall allow the introduction of an! histor! of a$usive conduct of

a respondent even if the same was not directed against the applicant or the

person for whom the application is made"

27 #he court shall5 to the e1tent possi$le5 conduct the hearing on the meritsof the issuance of a ))* in one da!"

.7 @here the court is una$le to conduct the hearing within one da! and the

#)* issued is due to e1pire5 the court must continuousl! e1tend or renew the

#)* for a period of thirt! da!s at each particular time until a nal udgment

is issued" #he e1tended or renewed #)* ma! $e modied $! the court as



ma! $e necessar! or applica$le to address the needs of the applicant"

E7 #he court ma! grant an!5 some or all of the reliefs specied in Section 8

hereof in a ))*" A ))* is e4ective until revo%ed $! a court upon application

of the person in whose favor the order was issued"

7 #he court must ensure immediate personal service of the ))* on

respondent"

67 #he court must not den! the issuance of protection order on the $asis of

the lapse of time $etween the act of violence and the ling of the

application"

I7 Regardless of the conviction or ac;uittal of the respondent5 the /ourt

must determine whether or not the ))* should $ecome nal" Dven in adismissal5 a ))* must $e granted as long as there is no clear showing that

the act from which the order might arise did not e1ist"

*hat should the op# of the protetion order ontain'

Section 'I of RA 9262 provides that the following statement must $e printed

in $oldfaced t!pe or in capital letters on the protection order issued $! the

)unong (aranga! or /ourt& “3*BA#3*> *0 #J3S *R:DR 3S )U>3SJA(BD (K

BA@”

*hat !ill happen if the ,aran"a# or the ourt fails to o,ser%e theperiods mentioned in RA 0121'

Section '8 provides that failure to act on an application for a protection order

within the prescri$ed period without ustia$le cause will render the o<cial

or udge administrativel! lia$le"

*hat if the ,aran"a# ounil or the )ud"es are ,us# !ith other

matters'

Section 2F provides that application for a protection order must have priorit!&

'7 (aranga! o<cials and the courts must schedule and conduct hearings on

applications for a protection order under this Act a$ove all other $usiness

and5 if necessar!5 suspend other proceedings in order to hear applications for

a protection order"

27 D1 parte and adversarial hearings to determine the $asis of applications



for a protection order under RA 9262 must have priorit! over all other

proceedings"

*hat if the ,aran"a# issued a +PO ,ut the !oman3s intimate

partner %iolates it ,# in4itin" harm or threatenin" the !oman

and5or her hild'

Under Section 2'5 violation of a ()* is punisha$le $! imprisonment of thirt!

da!s without preudice to an! other criminal or civil action that the o4ended

part! ma! le for an! of the acts committed"

'7 A complaint for a violation of a ()* issued under this Act must $e led

directl! with an! municipal trial court5 metropolitan trial court5 or municipal

circuit trial court that has territorial urisdiction over the $aranga! that issued

the ()*"

27 A udgment of violation of a ()* ma! $e appealed according to the Rules

of /ourt" :uring trial and upon udgment5 the trial court ma! on its own issue

a protection order as it deems necessar! without need of an application"

*hat are the onse6uenes if a TPO or a PPO is %iolated'

iolation of an! provision of a #)* or a ))* issued under this Act constitutes

contempt of court punisha$le under Rule I' of the Rules of /ourt5 without

preudice to an! other criminal or civil action that the o4ended part! ma! le

for an! of the acts committed"

*hat onse6uenes- if an#- are there if ,aran"a# or polie o7ials

refuse to at on a omplaint 8led ,# an a,used !oman or her

hildren'

An! $aranga! o<cial or law enforcer who fails to report the incident is lia$le

for a ne not e1ceeding ten thousand pesos or whenever applica$le criminal5

civil or administrative lia$ilit!"

Are omplaints for %iolations of RA 0121 o%ered ,# the ,aran"a#

)ustie s#stem- or ,# mediation and oniliation'

>o" Section .. provides that the following are prohi$ited acts&

'7 A )unong (aranga!5 (aranga! Cagawad or the court hearing an

application for a protection order must not order5 direct5 force or in an! wa!

undul! in?uence the applicant for a protection order to compromise or

a$andon an! of the reliefs sought in the application for protection under RA



9262"

27 Section I of the 0amil! /ourts Act of '99I and Sections E'F5 E''5 E'2

and E'. of the Bocal =overnment /ode of '99' do not appl! in proceedings

where relief is sought under RA 9262"

.7 0ailure to compl! with this Section will render the o<cial or udge

administrativel! lia$le"

protection order

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