Republic Act No.

9262
(Anti-Violence Against Women
and their Children Act of 2004)

And the BARANGAY

PROTECTION ORDER
(BPO)
What is VAWC?
Anti – Violence Against Women and Their
Children Act of 2004 or otherwise known as
VAWC, is a law passed in the Philippines for
the protection of women and children from
violence. This law establishes the parameters
and guidelines, in keeping with the
fundamental freedoms guaranteed under the
Constitution and the Provisions of the
Universal Declaration of Human Rights, the
convention on the Elimination of all forms of
Discrimination Against Women, Convention on
the Rights of the Child and other international
human rights instruments of which the
Philippines is a party. (Section 2 of R.A. 9262)
Who is a CHILD?
A child refers to the child of the abused
woman, whether legitimate or illegitimate,
who is:

1. Below 18 years old, or

2. 18 years old and above who is
incapable of taking care one’s self.
Who are liable?

1. Husband
2. Former husband
3. Boyfriend or live-in partner
4. A man with whom a woman has a
common child
5. Anyone (e.g. lesbian) with whom a
woman has/had sexual or dating
relationship
 I am a lesbian and I have been in an abusive
relationship with another woman since 2009.
Can I file a case against her, even though she is a
woman?

Yes. Acts of violence covered by VAWC may be

committed by any person with whom the victim
has an intimate relationship with like the
woman’s husband, ex-husband, live-in partner,
ex-live-in partner, boyfriend, ex-boyfriend,
girlfriend, ex-girlfriend, etc. Thus, the offense
may be committed by a man or a woman with
whom the victim has or had a sexual
relationship with.*

*Atty. Ranier Mamangun

 I am a husband who had been mentally, verbally
and emotionally abused by my wife. Can I file a
case against my wife using VAWC?

No. VAWC has been primarily meant for the

protection of women and children. It cannot
be used by men to charge their wives or
partners.*

*Atty. Ranier Mamangun

What do
you see?
Forms of VIOLENCE:
1.Physical violence
2.Sexual violence
3.Psychological violence
4.Economic abuse
Kinds of POs:

1. Barangay Protection Order

(BPO)
2. Temporary Protection Order
(TPO)
3. Permanent Protection Order
(PPO)
BARANGAY PROTECTION ORDER
(BPO)

It is the Protection Order issued by

the Punong Barangay (PB) or
Barangay Kagawad (BK) (if PB is
not available) ordering offender to
DESIST from committing or
threatening PHYSICAL harm to
victim
Duties of PBs/BKs:

1.Receive written application or

request for BPO. It must be
under oath or attested before
the PB.

2.Conduct ex parte
determination of the basis for
the issuance of a BPO

3.Issue the BPO on the date of

filing
Duties of PBs/BKs:

4. If the PB is unavailable to act

on the application for BPO, it
shall be acted upon by any
available BK.

5. If the BPO is issued by a BK,

the order must be
accompanied by an attestation
by the BK that the PB was
unavailable at the time of the
issuance of the BPO.
Duties of PBs/BKs:

6. The BPO shall be effective for

fifteen (15) days. It is not
extendible.

7. Immediately after the issuance

of the BPO, the PB or BK shall
personally serve a copy of the
same on the respondent, or
direct any barangay official to
effect its personal service.
Other Duties of Barangay
Officials & Law Enforcers

1. Respond immediately to a call for help or

request for assistance or protection of the
victim with our without PO.

2. Confiscate any deadly weapon in the

possession of the perpetrator within plain
view.

3. Transport or escort the victim to a safe

place, clinic or hospital.
Other Duties of Barangay
Officials & Law Enforcers

4. Assist the victim in removing personal

belongings from the house.

5. Assist the barangay officials and other

government officers and employees who
respond to a call for help.

6. Ensure the enforcement of PO issued by

the PBs or by the courts.
Other Duties of Barangay
Officials & Law Enforcers

7. Arrest the suspected perpetrator pursuant

to the principle of warrantless arrest.

8. Immediately report the call for assessment

or assistance of the DSWD, CSWD or
accredited NGOs.

Penalty for failure to report the incident –

Fine of not exceeding P 10,000 or, if

applicable, criminal, civil or
administrative liability.
1. Mediation, arbitration and conciliation are
prohibited
2. Barangay officials can arrest the
perpetrator even without warrant
3. Medical certificate is not required in the
issuance of BPO
4. The barangay cannot decide cases
involving financial support. Only the
courts can.
5. A BPO is free of charge.
6. The PB or BK can file a complaint for
violation of the BPO in the Municipal Trial
Court in Cities (MTCC) – Butuan City.
7. Violation of a BPO is punishable by
imprisonment of 30 days, without
prejudice to appropriate civil or criminal
action that the offended party may file.
8. A BPO is enforceable within the issuing
barangay.
9. Records of VAWC cases are strictly
confidential. Penalties for violation are
imprisonment for one (1) year and fine of
not more than P 500,000
TEMPORARY PROTECTION ORDER
(TPO) & PERMANENT PROTECTION
ORDER
1. May be filed in the Family Court of
Butuan City.

2.There is a filing fee but payment may be

excused if the applicant is indigent or
the application needs to be acted upon
immediately.

3.A TPO is effective for 30 days, subject to

extension. A PPO is effective until
revoked by the court.
TEMPORARY PROTECTION ORDER
(TPO) & PERMANENT PROTECTION
ORDER

4. TPO and PPO are enforceable anywhere

in the Philippines.
5. Violation of TPO and PPO is punishable
with a fine ranging from P5,000 to
P50,000 and/or imprisonment of six (6)
months.