The Barangay Officials CANNOT Mediate or Conciliate VAWC

Q : Can the barangay officials mediate or conciliate?

A : No. Conciliation and mediation of acts of violence against women and their children are not allowed under this law (Sec. 33, RA 9262). R.A.9262 amended Secs. 410-413 of the Local Government Code.

The barangay officials, police or social workers should not attempt to mediate or influence the woman to give up her legal action or application for a BPO, TPO or PPO.



The Barangay Officials CANNOT Mediate or Conciliate VAWC

Q : What are the duties of barangay officials and law enforcers?

A : 1) enter the house of the victim if necessary, whether or not a BPO or Temporary Protection Order has been issued and ensure the safety of the victims;

2) confiscate any deadly weapon in the possession of the perpetrator or within plain view;

3) arrest the offender even without a warrant when the act is being committed, or they have personal knowledge that the abuse has just been committed;

4) transport or escort the victim to a safe place of their choice or to a clinic or hospital;

5) assist victim in getting personal belongings from the house; and ensure the enforcement of Protection Orders issued by the barangay or by the courts.

Q : Can barangay officials arrest the perpetrator without a warrant?

A : Yes. Arrest him or her when any of the acts under R.A. 9262 is occurring, or when the barangay official has personal knowledge that any act of abuse has just been committed and there is imminent danger to the life or limb of the victim. Any citizen or law enforcer can also arrest the perpetrator if the situation also falls under the Rules on Warrantless Arrests, or when they have personal knowledge that any act of abuse has just been committed and in the presence of imminent danger to the life or limb of the victim-survivor.

Q : Can barangay officials, police, social workers or private individuals be sued for trespassing if they enter the house of the victim?

A : No. They are exempt from civil, criminal or administrative liability. Even private individuals, including foreigners who intervene to help the victim are exempt from civil and criminal liability.

Q : What are the rights of victims under this law?

A : 1) to be treated with respect and dignity

2) legal assistance from the Public Attorney’s office or any public legal assistance, including from the local government unit.

3) support services from DSWD and local government

4) to be informed of their rights and services available, including their right to a protection order

5) if the victim is an indigent, or even if she is not but there is an immediate necessity to act on the protection order, the victim can file for a protection order in court without payment of court fees.