A.M. No.

04-10-11-SC             October 19, 2004 SEC. 3. Objectives. - The objectives of this Rule are:

RE: RULE ON VIOLENCE AGAINST WOMEN AND THEIR (a) To protect the rights of the family and its members
CHILDREN particularly women and children from violence and
threats to their personal safety and security;
RESOLUTION
(b) To enable the courts to manage and monitor cases
Acting on the report of the Committee on Revision of the Rules of involving violence against women and children and the
Court submitting for this Court's consideration and approval the members of their family or household;
Proposed Rule on Violence Against Women and Their Children, the
Court Resolved to APPROVE the same. (c) To prevent any disruption in the daily lives of the
offended parties and assist them to regain control of
The Rule shall take effect on November 15, 2004 following its their lives;
publication in a newspaper of general circulation not later than
October 30, 2004. (d) To ensure that treatment is provided for the offended
parties and offenders; and
Davide, Jr., C.J., Puno, Panganiban, Quisumbing, Ynares-Santiago,
Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Morales, (e) To hold the offenders accountable for their acts.
Callejo, Sr., Tinga, Chico-Nazario, and Garcia, JJ., concur.
Azcuna, J., on leave. SEC. 4. Definitions. - As used in this Rule:

(a) "Violence against women and their children" refers to

any act or a series of acts committed by any person
RULE ON VIOLENCE AGAINST WOMEN AND THEIR CHILDREN against a woman who is his wife, former wife, or a
woman with whom the person has or had a dating or
SECTION 1. Applicability. - This Rule shall apply to petitions for sexual relationship, or with whom he has a common
protection orders in cases of violence against women and their child, or against her child whether legitimate or
children under R.A. No. 9262, otherwise known as the "Anti-Violence illegitimate, within or without the family abode, which
Against Women and Their Children Act of 2004." result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse
The Rules of Court shall apply suppletorily. including threats of such acts, battery, assault,
coercion, harassment or arbitrary deprivation of liberty.
SEC. 2. Construction. - This Rule shall be liberally construed to
promote its objectives pursuant to the principles of restorative (b) "Children" refers to persons below eighteen years of
justice. age or older but are unable to fully take care of
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themselves from abuse, neglect, cruelty, exploitation or (1) rape, sexual harassment, acts of
discrimination because of a physical or mental disability lasciviousness, treating a woman or her child as a
or condition. It includes the biological children of the sex object, making demeaning and sexually
offended party and other children under her care. suggestive remarks, physically attacking the
sexual parts of the victim's body, forcing the
(c) "Members of the family" shall include husband and offended party to watch obscene publications and
wife, parents and children, the ascendants or indecent shows or to do indecent acts or make
descendants, brothers and sisters, whether of the full or films thereof, forcing the wife and mistress or lover
half blood, whether living together or not. to live in the conjugal home or sleep together in
the same room with the abuser;
(d) "Members of the household" shall include:
(2) acts causing or attempting to cause the
(1) Spouses, common-law spouses, former offended party to engage in any sexual activity by
spouses, whether living together or not, and their force, threat of force, physical or other harm or
children; threat of physical or other harm or coercion; and

(2) Relatives by consanguinity or affinity up to the (3) prostitution of the woman or her child.
sixth civil degree, including stepparents and
stepchildren living together in the same house; (g) "Psychological violence" refers to acts or omissions
and causing or likely to cause mental or emotional suffering
of the offended party such as intimidation, harassment,
(3) Domestic helpers in the service of the stalking, damage to property, public ridicule or
employer, whose services are usually necessary or humiliation, repeated verbal abuse and marital
desirable for the maintenance and enjoyment of infidelity. It includes causing or allowing the offended
the home, who attend to the personal comfort and party to witness the physical, sexual or psychological
convenience of the members of the household. abuse; of a member of the family to which the offended
party belongs, or to witness pornography in any form
(e) "Battery" refers to an act of inflicting physical harm or .to witness abusive injury to pets or to unlawful or
upon the woman or her child resulting in physical and unwanted deprivation of the right to custody or
psychological or emotional distress. visitation of common children.

(f) "Sexual violence" refers to an act which is sexual in (h) "Economic abuse" refers to acts that make or attempt
nature committed against a woman or her child. It to make a woman financially dependent which includes
includes the following: the following:

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 (1) withdrawing of financial support or preventing persons who have demonstrated expertise and
the offended party from engaging in any legitimate experience in anger control, management of alcohol,
profession, occupation, business or activity, substance abuse; and other forms of intervention to stop
except in cases where the other spouse or partner violence,
objects on valid, serious and moral grounds as
defined in Article 73 of the Family Code; (m) "Safe Place or Shelter" refers to any home or
institution managed by the Department of Social Welfare
(2) depriving or threatening to deprive financial and Development (DSWD) or by any agency or voluntary
resources and the right to the use and enjoyment organization accredited by the DSWD or any other
of the conjugal, community or property owned in suitable place the resident of which is willing to receive
common; the offended party temporarily.

(3) destroying household property; and (n) "Safety plan" refers to a written plan of action
prepared by a social worker and approved by the court
(4) controlling the offended party's own money or to secure the protection of the offended party.
property or solely controlling the conjugal money
or property. (o) "Protection order" is an order issued by the court to
prevent further acts of violence against women and their
(i) "Stalking" refers to an intentional act of knowingly children, their family or household members, and to
and without lawful justification, following the woman or grant other necessary relief. Its purpose is to safeguard
her child or placing the woman or her child under the offended parties from further harm, minimize any
surveillance directly or indirectly or through a disruption in their daily life and facilitate the
combination thereof. opportunity and ability to regain control of their life.

(j) "Sexual relationship" refers to a single sexual act (p) "Barangay protection order" (BPO) refers to the
which may or may not result in the bearing of a common protection order issued by the Punong Barangay, or in
child; his absence the Barangay Kagawad, ordering the
perpetrator to desist from committing acts of violence
(k) "Program of intervention for offended parties" refers against the family or household members particularly
to a specialized program that provides advocacy, shelter, women and their children under Sections 5a and 5b of
crisis intervention, social services, treatment, R.A. No. 9262.
counseling, education, or training.
(q) "Temporary protection order" (TPO) refers to the
(I) "Program of intervention for offenders" refers to court- protection order issued by the court on the filing of the
ordered treatment of offenders given by agencies or application and after ex parte determination of its need.
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 It may also be issued in the course of a hearing, motu physical on other harm, or intimidation directed against
proprio or upon motion. the woman or her child.

(r) "Permanent protection order" (PPO) refers to the This shall include, but is not limited to, the following
protection order issued by the court after notice and acts committed with the purpose or effect of controlling
hearing. or restricting the movement or conduct of the woman or
her child:
(s) "Live-link television testimony" refers to the testimony
of a child, who is an eyewitness or offended party in (1) Threatening to deprive or actually depriving the
violence against women and their children, taken in a woman or her child of custody or access to
room outside the courtroom and televised to the her/his family;
courtroom by live-link television, as provided for in
Section 25 of the Rule on Examination of a Child (2) Depriving or threatening to deprive the woman
Witness. It may also refer to the live-link testimony of an or her children of financial support legally due her
adult female victim of violence, which may be allowed at or her family, or deliberately providing the
the discretion of the court. woman's children insufficient financial support;

SEC. 5. Acts of violence against women and their children (3) Depriving or threatening to deprive the woman
under R.A. No. 9262. - Violence against women and their children or her child of a legal right; and
is committed through any of the following acts:
(4) Preventing the woman from engaging in any
(a) Causing, threatening or attempting to cause physical legitimate profession, occupation, business or
harm to the woman or her child; activity except in cases where the spouse or
partner on valid, serious and moral grounds, or
(b) Placing the woman or her child in fear of imminent controlling the victim's own money or property, or
physical harm; solely controlling the conjugal or common money
or property;
(c) Attempting to compel or compelling the woman or her
child to engage in conduct which the woman or her child (d) Inflicting or threatening to inflict physical ham on
has the right to desist from or to desist from conduct oneself for the purpose of controlling her actions or
which the woman or her child has the right to engage in, decisions;
or attempting to restrict .or restricting the woman's or
her child's freedom of movement or conduct by force or (e) Causing or attempting to cause the woman or her
threat of force, physical or other harm or threat of child to engage in any sexual activity which does not
constitute rape, by force or threat of force, physical
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harm, or through intimidation directed against the SEC. 6. Remedies of offended party. - The offended party may file
woman or her child or her/his immediate family; a separate petition for protection order without claiming damages.
The offended party may also pursue other remedies in accordance
(f) Engaging in purposeful, knowing, or reckless with Part II of this Rule by the filing of any of the following:
conduct, personally or through another, that alarms or
causes substantial emotional or psychological distress to (a) Criminal action;
the woman or her child.
(b) Criminal action with reservation of a separate civil
This shall include, but is not limited to, the following action; or
acts:
(c) Civil action for damages.
(1) Stalking or following the woman or her child in
public or private places; Part I

(2) Peering in the window or lingering outside the PETITION FOR PROTECTION ORDER
residence of the woman or her child;
SEC. 7. Form of petition. - A petition for protection order shall be
(3) Entering or remaining in the dwelling or on the in writing, signed and verified by the petitioner. It shall be
property of the woman or her child against accompanied by a certificate of non-forum shopping which the
her/his will; petitioner must sign personally.

(4) Destroying the property and personal SEC. 8. Who may file petition. - A petition for protection order may
belongings or inflicting harm to animals or pets of be filed by any of the following:
the woman or child; and
(a) The offended party;
(5) Engaging in any form of harassment or
violence; or (b) Parents or guardians of the offended party;

(g) Causing mental or emotional anguish, public ridicule (c) Ascendants, descendants or collateral relatives of the
or humiliation to the woman or her child, including, but offended party within the fourth civil degree of
not limited to, repeated verbal and emotional abuse, and consanguinity or affinity;
denial of financial support or custody of a minor child or
denial of access to the woman's child. (d) Officers or social workers of the Department of Social
Welfare and Development (DSWD) or social workers of
local government units (LGUs);
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 (e) Police officers, preferably those in charge of women (c) A description of the relationship between the offended
and children's desks; party and the respondent;

(f) Punong Barangay or Barangay Kagawad; (d) A complete description of the alleged act constituting
violence including the date, time and place of
(g) Lawyer, counselor, therapist or healthcare provider of occurrence;
the petitioner; or
(e) A request for counsel and the reasons for such;
(h) At least two concerned, responsible citizens of the
place where the violence against women and their (f) A request for waiver of application fees;
children occurred and who have personal knowledge of
the offense committed. (g) The relief from violence prayed for, including
protection orders to cover any designated family or
The filing of a petition for protection order by the offended party household member who consents to such relief.
suspends the right of all other authorized parties to file similar
petitions. A petition filed by the offended party after the filing of a If the petitioner is not the offended party, the petition shall be
similar petition by an authorized party shall not be dismissed but accompanied by an affidavit of the petitioner attesting to the
shall be consolidated with the petition filed earlier. following:

SEC. 9. Where to file the petition. - The verified petition for (a) facts showing the authority of the petitioner to file the
protection order may be filed with the Family Court of the place petition;
where the offended party resides. If there is no existing Family Court,
it may be filed with the regional trial court, metropolitan trial court, (b) circumstances of the abuse suffered by the offended
municipal trial court in cities, municipal trial court or municipal party; and
circuit trial court with territorial jurisdiction over the place of
residence of the offended party. (c) circumstances of consent given by or refusal to
consent of the offended party to file the petition.
SEC. 10. Contents of the petition. - The petition filed by the
offended party shall contain the following: When disclosure of the address will pose danger to the life of the
offended party, it shall be so stated in the petition. In such a case,
(a) The name, age and residence of the offended party;' the petitioner shall attest that the offended party is; residing in the
municipality or city over which the court has territorial jurisdiction,
(b) The name, age and residence of the respondent; and shall provide a mailing address for purposes of service
processing.

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SEC. 11. Reliefs available to the offended party. - The protection appropriate law enforcement officer to accompany the
order shall include any, some or all of the following reliefs: offended party to the residence of the parties to ensure
that the offended party is safely restored to the
(a) Prohibiting the respondent from threatening to possession of the automobile and other essential
commit or committing, personally or through another, personal effects;
acts of violence against the offended party;
(g) Ordering temporary or permanent custody of the
(b) Prohibiting the respondent from harassing, annoying, child/children with the offended party, taking into
telephoning, contacting or otherwise communicating in consideration the best interests of the child. An offended
any form with the offended party, either directly or party who is suffering from Battered Woman Syndrome
indirectly; shall not be disqualified from having custody of her
children. In no case shall custody of minor children be
(c) Removing and excluding the respondent from the given to the batterer of a woman who is suffering from
residence of the offended party, regardless of ownership Battered Woman Syndrome;
of the residence, either temporally for the purpose of
protecting the offended party, or permanently where no (h) Directing the respondent to provide support 'o the
property rights are violated. If the respondent must woman and/or her child, if entitled to legal import.
remove personal effects from the residence, the court Notwithstanding other laws to the contrary, the court
shall direct a law enforcement agent to accompany the shall order an appropriate percentage of the income or
respondent to the residence, remain there until the salary of the respondent to be withheld regularly by his
respondent has gathered his things and escort him from employer and to automatically remit it directly to the
the residence; offended party. Failure to withhold, remit or any delay in
the remittance of support to the offended party without
(d) Requiring the respondent to stay away from the justifiable cause shall render the respondent or his
offended party and any designated family or household employer liable for indirect contempt of court;
member at a distance specified by the court;
(i) Prohibiting the respondent from carrying or
(e) Requiring the respondent to stay away from the possessing any firearm or deadly weapon and ordering
residence, school, place of employment or any specified him to surrender the same to the court for appropriate
place frequented regularly by the offended party and any disposition, including revocation of license and
designated family or household member; disqualification to apply for any license to carry or
possess a firearm. If the respondent is .a law
(f) Directing lawful possession and use by the offended enforcement agent, the court shall order him to
party of an automobile and other essential personal surrender his firearm and shall direct the appropriate
effects, regardless of ownership, and directing the
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 authority to investigate him and take appropriate action (a) Communicating in a language understood by the
thereon; petitioner;

(j) Directing the DSWD or any appropriate agency to (b) Providing the petitioner with a standard petition form
prepare a program of intervention for the offended party written in English with translation into the major local
that provides advocacy, temporary shelter, crisis dialects, including the instructions for its
intervention, treatment, therapy, counseling, education, accomplishment;
training and other social services that the offended party
may need; (c) Ensuring the privacy of the offended party to the
extent practicable while the form is being accomplished;
(k) Requiring the respondent to receive professional
counseling from agencies or persons who have (d) Advising the petitioner on the availability of legal
demonstrated expertise and experience in anger control, assistance from the Public Attorney's Office of the
management of alcohol, substance abuse and other Department of Justice or any public legal assistance
forms of intervention to stop violence. The program of office;
intervention for offenders must be approved by the
court. The agency or person is required to provide the (e) Advising the petitioner on entitlement of support
court with regular reports of the progress and result of services from the DSWD and LGUs;
professional counseling, for which the respondent may
be ordered to pay; and (f) Advising the petitioner on the availability of an
affidavit of indigency in lieu of payment of the filing fee;
(I) Awarding the offended party actual damages caused
by the violence inflicted, including, but not limited to, (g) Providing the offended party with a certified copy of
property damage, medical expanses, childcare expenses the protection order as well as giving the necessary
and loss of income; and compensatory, moral, and information regarding the process for its service and
exemplary damages, subject to Sections 26a and 35 of enforcement;
this Rule.
(h) Making available informative materials on violence
The court may grant such other forms of relief to protect the against women and their children, including their rights
offended party and any designated family or household member who as victims; and
consents to such relief.
(i) Informing the offended party that compensation is
SEC. 12. Duties of the clerk of court. - The clerk of court shall available from the Department of Justice Board of
assist the petitioner or the offended party by: Claims in accordance with the provisions of R.A. No.
7309 (1992), otherwise known as "An Act Creating a
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 Board of Claims Under the Department of Justice for ORDER, THE COURT SHALL NOT RESCHEDULE OR POSTPONE
Victims of Unjust Imprisonment or Detention and THE PRELIMINARY CONFERENCE AND HEARING BUT SHALL
Victims of Violent Crime and For Other Purposes." APPOINT A LAWYER FOR THE RESPONDENT AND IMMEDIATELY
PROCEED WITH SAID HEARING.
SEC. 13. Exemption from payment of docket fee and other
expenses. - If the offended party is an indigent or there is an "IF THE RESPONDENT FAILS TO APPEAR ON THE DATE OF THE
immediate necessity due to imminent danger or threat of danger to PRELIMINARY CONFERENCE AND HEARING ON THE MERITS
act on a petition for a protection order, the court shall accept the DESPITE PROPER NOTICE, THE COURT SHALL ALLOW EX PARTE
petition without payment of the filing fee and other fees and of PRESENTATION OF EVIDENCE BY THE PETITIONER AND RENDER
transcripts of stenographic notes. JUDGMENT ON THE BASIS OF THE PLEADINGS AND EVIDENCE
ON RECORD. NO DELEGATION OF THE RECEPTION OF EVIDENCE
SEC. 14. Raffle in multi-sala courts. - The petition filed in a multi- SHALL BE ALLOWED."
sala court shall be raffled without delay.
(c) The court shall likewise order the immediate issuance of a notice
If an action contains an application for a protection order, it shall be requiring the respondent to file an opposition within five days from
the subject of a special raffle. service. It shall further order service of (1) the notices to file
opposition and of dates of the preliminary conference and hearing,
SEC. 15. Ex parte issuance of temporary protection order. - (a) (2) the protection order, and (3) copy of the petition, upon the
If the court is satisfied from the verified allegations of the petition respondent by the court sheriff, or any person authorized by the
that there is reasonable ground to believe that an imminent danger court, who may obtain the assistance of law enforcement officers.
of violence against women and their children exists or is about to
recur, the court may issue ex parte a temporary protection order SEC. 16. Notice where no temporary protection order is issued
which shall be effective for thirty days from service on the party or ex parte. - Where no temporary protection order is issued ex parte,
person sought to be enjoined. the clerk of court shall forthwith issue the corresponding notice to
the respondent requiring him to file an opposition within five days.
(b) The temporary protection order shall include notice of the date of The date of the preliminary conference and hearing on the merits
the preliminary conference and hearing on the merits. The following shall be indicated on the notice.
statements must be printed in bold-faced type or in capital letters on
the protection order issued by the court: Where the notice could not be served personally or by substituted
service despite diligent efforts, Rule 14 of the Rules of Court shall
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW. apply as far as practicable.

"IF THE RESPONDENT APPEARS WITHOUT COUNSEL ON THE SEC. 17. Enforceability of protection order. - The protection
DATE OF THE PRELIMINARY CONFERENCE AND HEARING ON order issued by the court shall be enforceable anywhere in the
THE MERITS ON THE ISSUANCE OF .A PERMANENT PROTECTION Philippines. Violation of the protection order shall be punishable by
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a fine ranging from Five Thousand (P5.000.00) Pesos to Fifty centers and private entities rendering appropriate social
Thousand (P50,000.00) Pesos or imprisonment of six months or services;
both.
(b) Formulating a safety plan which shall be approved by
SEC. 18. Duties of the law enforcement officer. - Upon the the court; and
receipt of the protection order, the law enforcement officer shall use
all reasonable means to enforce the order and prevent further (c) Monitoring the measures indicated in the protection
violence, such as by: order.

(a) Taking any action necessary to provide for the safety SEC. 20. Opposition to petition. - (a) The respondent may file an
of the offended party; opposition to the petition which he himself shall verify. It must be
accompanied by the affidavits of witnesses and shall show cause
(b) Taking custody of the weapon used in the violence why a temporary or permanent protection order should not be
against women and their children; issued.

(c) Transporting or obtaining transportation for the (b) Respondent shall not include in the opposition any counterclaim,
offended party to a safe place; cross-claim or third-party complaint, but any cause of action which
could be the subject thereof may be litigated in a separate civil
(d) Assisting the offended party in obtaining medical action.
treatment, including transportation to a medical clinic
or hospital; and SEC. 21. Effect of failure to file an opposition. - If the
respondent fails to file an opposition to the petition within the period
(e) Assisting the offended party in removing essential above provided, the court, motu proprio or on motion of the
personal effects from the residence. petitioner, shall issue the corresponding order as may be warranted
by the facts alleged in the petition.
The law enforcement officer shall submit a written report to the court
within twenty-four hours from receipt setting forth compliance with SEC. 22. Prohibited pleadings and motions. - The following
such order. pleadings, motions or petitions shall not be allowed:

SEC. 19. Duties of social worker. - The social worker assigned by (a) Motion to dismiss the petition except on the ground
the court shall assist the petitioner seeking a protection order by: of lack of jurisdiction over the subject matter or over the
parties;
(a) Preparing a case study and a program of intervention
for the offended party, including her children, and (b) Motion for extension of time to file opposition,
referring them to DSWD havens, crisis intervention affidavit, position paper and other pleadings;
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 (c) Dilatory motion for postponement; (c) Nature and purpose.—The court shall consider:

(d) Motion for a bill of particulars; (1) The propriety of issuing a protection order. The
court shall not deny the issuance of a protection
(e) Third-party complaint; order due to the lapse of time between the act of
violence and the filing of the petition, subject to
(f) Reply; Section 24, R.A. No. 9262. The issuance of a
barangay protection order or the pendency of an
(g) Motion to declare the respondent in default; application for a barangay protection order shall
not preclude a petitioner from applying for, or the
(h) Intervention; court from granting, a protection order;

(i) Memorandum; (2) The simplification of the issues; and

(j) Petition for certiorari, mandamus or prohibition (3) Such other matters as may aid in the prompt
against any interlocutory order issued by the court; disposition of the petition.

(k) Motion for new trial, or for reconsideration of a The court shall not refer the case or any issue thereof to
protection order, or for reopening of trial; and a mediator,

(I) Petition for relief from judgment. (d) Prohibited compromise.—The court shall not allow
compromise on any act constituting the crime of
SEC. 23. Preliminary conference. - violence against women and their children and other
prohibited matters, such as the following:
(a) When conducted. - A preliminary conference, which
is mandatory, shall be held on the date indicated in the (1) The civil status of persons;
notice.
(2) The validity of a marriage, declaration of nullity
(b) Notice.—The notice shall be served the parties, or annulment of a marriage or of a legal
including the offended party, who shall be required to separation;
notify their respective counsels, if any. The parties shall
appear in person at the preliminary conference and (3) Any ground for declaration of nullity or
submit their position papers setting forth the law and annulment of a marriage or of legal separation;
the facts relied upon by them.
(4) Future support;
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 (5) The jurisdiction of courts; and SEC. 25. Order for further hearing. - In case the court determines
the need for further hearing, it may issue an order containing the
(6) Future legitime. following:

(e) Effect of failure to appear.— (a) Facts undisputed and admitted;

(1) If the petitioner fails to appear personally, the (b) Factual and legal issues to be resolved;
petition shall be dismissed unless the counsel or a
duly authorized representative of the petitioner (c) Evidence, including objects and documents that have
appears in court and gives a justifiable reason for been marked and will be presented;
the non-appearance of the petitioner; however, if
the petition is filed by a person other than the (d) Names of witnesses who will be ordered to present
offended party, it shall not be dismissed if the their direct testimonies in the form of affidavits; and
offended party is present and does not agree to its
dismissal. (e) Schedule of the presentation of evidence by both
parties which shall be done in one day, to the extent
(2) If the respondent appears without counsel, the possible, within the 30-day period of the effectivity of the
court shall not reschedule or postpone the temporary protection order issued.
conference but shall appoint a lawyer for the
respondent and immediately proceed therewith; SEC. 26. Hearing. -
and
(a) Rule applicable. - The Revised Rule on Summary
(3) If the respondent has filed his opposition but Procedure shall apply as far as practicable.
fails to appear despite proper notice; the petitioner
shall be allowed to present evidence ex parte. The (b) Period to hear petition.—The court shall, to the
court shall then render judgment on the basis of extent possible, endeavor to conduct in one day the
the pleadings and evidence on record. hearing en the merits for the issuance of a permanent
protection order. Where the court is unable to finish the
SEC. 24. Protection order issued after preliminary conference. - hearing within one day and the temporary protection
Within five days after the termination of the preliminary conference, order issued is due to expire, it may extend or renew the
the court may issue a protection order, based on the pleadings and temporary protection order for a period of thirty days
stipulations or admissions made by the parties. each time until final judgment is rendered. The court
may modify the extended or renewed temporary
protection order as may be necessary to meet the needs
of the parties.
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 (c) Evidence of history of abusive conduct.—The court procedure involved in the actual taking of the testimony shall be
may allow the introduction of any evidence of history of followed as provided for in Section 25 of the Rule on Examination of
abusive conduct of a respondent even if the same was a Child Witness.
not directed against the victim, provided the same is
relevant. (b) The testimony of an adult female, victim of violence, may likewise
be taken by live-link television, if it appears that she would suffer
(d) Exclusion of persons from courtroom.—The court trauma if she were to testify in the presence of the; offender or
may order the exclusion from the courtroom of all perpetrator.
persons who do not have a direct interest in the case.
Such an order may be made if the court determines on SEC. 29. Period to decide. - (a] The court shall decide the petition
the record that requiring a party to testify in open court: within thirty days after termination of the hearing on the merits.

(1) would not enhance the ascertainment of truth; (b) Where no hearing has been conducted, the court shall decide the
petition within ten days after the termination of the preliminary
(2) would cause the party psychological harm or conference.
inability to effectively communicate due to
embarrassment, fear or timidity; SEC. 30. Judgment. - If the court finds the petition meritorious, it
shall render judgment granting the offended party permanent
(3) would violate the right of a party to privacy; or protection against acts of violence and such other necessary reliefs
provided in Section 11 of this Rule. The court shall not deny the
(4) would be offensive to decency or public morals. issuance of a permanent protection order due to the lapse of time
between the act of violence and the filing of the petition, subject to
SEC. 27. Prohibited acts. - The court hearing a petition for a Section 24, R.A. No. 9262. The judgment shall be immediately
protection order shall not order, direct, force or in any way unduly executory.
influence the applicant for a protection order to compromise or
abandon any of the reliefs sought in the petition for protection under SEC. 31. Appeal. - Any aggrieved party may appeal by filing a notice
the law and this Rule. Failure to comply with this section shall of appeal with the court that rendered the final order or judgment
render the judge administratively liable. within fifteen days from notice and serving a copy thereof upon the
adverse party. The appeal shall not stay the enforcement of the final
SEC. 28. Availability of live-link television to eyewitnesses or order or judgment.
victims. - (a) The testimony of a child, as an eyewitness or an
offended party in an act of violence against women and their
children, may be taken by live-link television. The application for an
order for live-link testimony, the factors to be considered by the
court in granting or denying the use of live-link television and the
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 Part II SEC. 35. Prosecution of civil action for damages. - The civil
action for damages shall be governed by the 1997 Rules of Civil
APPLICATION FOR PROTECTION ORDER AS AN INCIDENT Procedure. However, the offended party cannot recover the same
IN A CRIMINAL OR CIVIL ACTION AND OTHER REMEDIES damages twice for the same act or omission.

SEC. 32. Applicability to applications for protection orders SEC. 36. Prosecution of criminal action. - An act of violence
filed as incidents in civil or criminal cases. - The foregoing covered by R.A. No. 9262 constituting a criminal offense shall
provisions shall also apply to applications for protection orders filed subject the offender to criminal proceedings, which shall be governed
as incidents in criminal or civil actions. by the Revised Rules of Criminal Procedure.

SEC. 33. When petition may proceed separately from or be Where the judgment of conviction declares that the guilt of the
deemed instituted with criminal action. - (a) An offended party accused has been proved beyond reasonable doubt, the permanent
may file a petition for protection order ahead of a criminal action protection order shall issue as a matter of course.
arising from the same act. The same shall proceed separately from
the criminal action and shall require only a preponderance of Where the judgment of acquittal declares that the quantum of
evidence. Upon motion of the petitioner, the court may consolidate evidence is not enough to sustain a conviction beyond reasonable
the petition with the criminal action. doubt, the court shall determine whether or not to issue a
permanent protection order.
(b) Where the offended party chooses to file a criminal action, the
petition for protection order is deemed instituted with the criminal Where the judgment of acquittal expressly declares that the basis of
action, unless the offended party reserves the right to institute it the offender's criminal liability did not exist, a permanent protection
separately. order shall not issue. A temporary protection order that may have
been earlier issued shall be dissolved.
SEC. 34. When petition may proceed separately from or be
deemed instituted with the civil action for damages. - (a) An SEC. 37. Bond to keep the peace. - The court may also order any
offended party may file a petition for protection order ahead of a civil person, against whom a permanent protection order is issued, to give
action for damages arising from the same act. The same shall a bond to keep the peace. It shall be the duty of said person to
proceed separately from the civil action and shall require only a present two sufficient sureties who shall undertake that such person
preponderance of evidence. Upon motion of the petitioner, the court will not commit the violence sought to be prevented, and that in case
may consolidate the petition with the civil action. such violence is committed they will pay the amount determined by
the court in its judgment. The court in its discretion shall fix the
(b) Where the offended party chooses to file a civil action for duration of the bond.
damages, the petition for protection order is deemed instituted with
the civil action.

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 Part III Part IV

COMMON PROVISIONS BARANGAY PROTECTION ORDER

SEC. 38. Reproduction of evidence. - An order granting the SEC. 41. Venue. - Applications for barangay protection orders shall
issuance of a permanent protection order is without prejudice to a observe the following rules on venue:
trial on the merits of the criminal or civil action involving violence
against women and their children. The evidence adduced during the (a) where the parties reside, in the same barangay, the
hearing for the issuance of a permanent protection order may, upon dispute shall be brought for settlement in said barangay;
motion, be reproduced in the criminal or civil action without
prejudice to the cross-examination of witnesses and presentation of (b) where the parties reside in different barangays in the
additional evidence. same city or municipality, the dispute shall be settled in
the barangay where the respondent or any one of the
SEC. 39. Jurisdiction and venue for criminal actions or civil respondents actually resides, at the choice of the
actions. - The Family Court shall have original and exclusive complainant;
jurisdiction over cases of violence against women and their children
regardless of the amount of damages claimed. The action may also (c) disputes arising at the workplace where the
be filed with the appropriate regional trial courts in places where contending parties are employed or at the institution
there are no Family Courts, at the option of the offended party. where such parties are enrolled for study, shall be
brought in the barangay where such workplace or
SEC. 40. Privacy and confidentiality of proceedings. - All institution is located; and
hearings of cases of violence against women and their children shall
be conducted in a manner consistent with the dignity of women and (d) any objection relating to venue shall be raised before
their children and respect for their privacy. the Punong Barangay during the proceedings before
him. Failure to do so shall be deemed a waiver of such
Records of the cases shall be treated with utmost confidentiality. objections.
Whoever publishes or causes to be published, in any format, the
name, address, telephone number, school, business address, SEC. 42. Where to file complaint for violation of a barangay
employer or other identifying information of the parties or an protection order. - A complaint for violation of a barangay
immediate family or household member, without their consent or protection order may be filed with any metropolitan trial court,
without authority of the court, shall be liable for contempt of court municipal trial court in cities, municipal trial court or municipal
and shall suffer the penalty of one year imprisonment and a fine of circuit trial court that has territorial jurisdiction over the barangay
not more than Five Hundred Thousand (P500,000.00) Pesos. which issued the said protection order.

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SEC. 43. Procedure. - (a) The complaint shall be accompanied by SEC. 45. Effectivity. - This Rule shall take effect on the 15th day of
affidavits and other evidence proving the alleged violation; November 2004 following its publication in a newspaper of general
circulation not later than 30 October 2004.
(b) Upon receipt of the complaint, the court shall issue an order
requiring the accused to submit within five days his counter-
affidavit, the affidavits of his witnesses and other evidence in his
behalf;

(c) If the court, upon a consideration of the complaint, the counter-

affidavits of the accused and other evidence submitted by the
parties, finds no cause or ground to hold the accused for trial, it
shall order the dismissal of the case; otherwise, it shall set the case
for arraignment and trial;

(d) Violation of a barangay protection order shall be punishable by

imprisonment of thirty days without prejudice to any other criminal
or civil action that the offended party may file for any of the acts
committed; and

(e) A judgment of violation of a barangay protection order may be

appealed to the regional trial court whose decision shall be final. An
appeal from a judgment of violation of a barangay protection order
shall not stay the enforcement of a protection order that might have
been issued by the trial court during the trial.

SEC. 44. Issuance of protection order when warranted;

contempt of court for violation. - During trial or upon judgment,
the trial court may motu proprio issue a protection order when
warranted. Violation of any protection order issued under this
Section 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.

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