Anti VAWC: Victim's Options BPO and TPO

Victim's Options BPO and TPO

Q : What is a Protection Order?

A : A Protection Order is an order issued under the Act for the purpose of preventing further acts of violence against a woman or her child specified in Section 7of the IRR and granting other necessary relief.

Q : What is a Barangay Protection Order or BPO?

A : A BPO refers to the Protection Order issued by the Punong Barangay (PB) or if the PB is unavailable, by kagawad ordering the offender to desist from committing or threatening physical harm to the victim. It is effective for 15 days and is not extendible.

Q : How does the victim get a BPO?

A : 1) She or her child can go to the Punong Barangay or if he/she is not available, to any kagawad, and apply for a Barangay Protection Order (BPO). The application must be in writing, signed and under oath. It shall be attested before the Punong Barangay who has jurisdiction over the application.

2) The PB or kagawad must issue the BPO on the same day of application, immediately upon the conclusion of the exparte proceedings.

Q : What is another option for the woman or her child?

A : With or without a BPO, she can apply for a Temporary Protection Order (TPO) from the Family Court in her place of residence, or if there is no Family Court, in Regional Trial Court, the Municipal Trial Court or Municipal Circuit Trial Court or Metropolitan Trial Court.

Q : Who may file/ apply for a protection order from the barangay or court?

A : The offended party; parents or guardians of the offended party; ascendants, descendants or collateral relatives within 4th civil degree of consanguinity or affinity, social workers of DSWD or social workers of local government units; police officers, Punong Barangay or Kagawad (for Temporary Protection Order in court); lawyer, counselor, therapist; healthcare provider of victim; or at least 2 citizens of the city who have personal knowledge of the commission of the crime.

Example: If the woman is unable to file for a protection order, her sister or first cousin can file for her, but the application must state that the woman consented.

Q : What should the Barangay Officials do when the victim applies for a BPO?

A : 1) Assist her in writing her application. If there is no notary public or it is an emergency, have the applicant take an oath before the PB that her statements are true.

2) Ask questions on the “salaysay” or statement of the applicant. Be sure the date of commission of the offense, place and specific circumstances are in the statement.

Q : Where do you file for a TPO or PPO?

A : An application for a TPO or PPO may be filed in the Family Court where the woman or her child resides. If there is no Family Court, file in the Regional Trial Court, Municipal Trial Court, Municipal Circuit Trial Court or Metropolitan Trial court where the woman or her child resides.

Q : Is there a filing fee for a Petition for TPO and PPO?

A : Yes, but if the petitioner is an indigent or there is an immediate necessity due to imminent danger or threat of danger to act on an application for a protection order, the court shall accept the application without payment of the filing fee and other fees and of transcript of stenographic notes.

 Q : What is a Bond to Keep the Peace for?

A : It is for the purpose of ensuring that the respondent will not violate the TPO or PPO. The amount of the bond is up to the judge. If the respondent violates the TPO or PPO , this bond will be forfeited.