QuestionsQuestions (NCRFW JOINT IAC-VAWC AND IRR COMMITTEE Resolution SERIES OF 2004)
It approves and promulgates the IRR of RA 9262 (Anti-Violence Against Women and Their Children Act of 2004) pursuant to Section 46 of the Act, with the purpose of prescribing guidelines and procedures to ensure victim-survivors’ effective access to justice, services, and programs, as minimum standards for service providers.
RA 9262 was signed on March 8, 2004 and took effect on March 27, 2004; this matters because Section 46 required the IRR to be promulgated within six (6) months from approval, showing compliance and implementation schedule.
It covers acts or series of acts by a person against a woman (wife/former wife or with whom there is/was a sexual or dating relationship, or common child) and against her child whether legitimate or illegitimate, within or without the family abode, resulting in or likely to result in physical, sexual, psychological harm/suffering, or economic abuse, including threats. It expressly includes battery, assault, coercion, harassment, or arbitrary deprivation of liberty.
A situation where parties live as husband and wife without marriage or are romantically involved over time and on a continuing basis. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship.
Violence against women and their children is considered a public offense that may be prosecuted upon filing of a complaint by any citizen having personal knowledge of the circumstances involving the commission of the crime.
Examples include: causing physical harm; threatening to cause physical harm; attempting to cause physical harm; placing the woman/child in fear of imminent physical harm; compelling or attempting to compel conduct the victim has the right to desist from or to desist from conduct the victim has the right to engage in; inflicting or threatening to inflict physical harm on oneself to control the victim; causing/attempting to cause sexual activity not constituting rape; and engaging in purposeful conduct alarming or causing substantial emotional/psychological distress.
For penalties, acts under Section 7(a) are tied to applicable Revised Penal Code penalties (with gradations depending on injury type) while Section 7(g)–(i) have specific penalty designations (e.g., prision mayor for 7(g), and 7(h)–7(i)). For prescription, acts under Sections 7(a) to 7(f) prescribe in 20 years, while those under 7(g) to 7(i) prescribe in 10 years.
This is the construction rule: the IRR must be liberally construed to promote protection and safety of victim-survivors, and any ambiguity is resolved in their favor consistent with the spirit and letter of the law.
A BPO is a protection order issued by the barangay ordering the respondent to desist from acts under Section 7(a) and (b) of the IRR—causing physical harm or threatening to cause physical harm. It also includes prohibition of harassment/communication with the victim.
The offended party; parents or guardians; ascendants/descendants/collaterals within the fourth civil degree; officers/social workers of DSWD or LGUs; police officers (preferably WCPD); Punong Barangay or Kagawad; lawyer/counselor/therapist/healthcare provider; and at least two (2) concerned responsible citizens with personal knowledge.
The application is in writing, signed by the petitioner and in a language understood, attested before the Punong Barangay. The Punong Barangay or Kagawad must issue the BPO on the same day immediately after the ex parte proceedings. It is granted ex parte without notice and hearing to the respondent.
A BPO is effective for fifteen (15) days. Immediately after issuance, it must be personally served by the Punong Barangay or Kagawad (or directed to a barangay official) to the respondent, and the BPO is deemed served upon receipt or upon leaving a copy with witnesses if refused.
It must be filed directly with any Municipal Trial Court, Metropolitan Trial Court, or Municipal Circuit Trial Court with territorial jurisdiction over the barangay that issued the BPO. It is initiated by the Punong Barangay or Kagawad who issued the BPO (or any barangay official if he/she is no longer in office or incapacitated).
A TPO is a court-issued protection order on the date of filing of the application after ex parte determination that it should be issued. It may grant any, some, or all reliefs under the Act and is effective for thirty (30) days.
The IRR provides that respondent’s non-appearance despite proper notice (or lack of lawyer/non-availability) is not a ground to postpone rescheduling; if the respondent appears without counsel, the court appoints counsel and proceeds with hearing. If respondent still fails to appear despite proper notice, the court allows ex parte presentation and renders judgment based on evidence presented.
Examples include: prohibition from threatening/committing acts under Section 7; prohibition from harassing/communicating; removal/exclusion from residence; stay-away directives; directing lawful possession and use of automobile and essential personal effects; temporary/permanent custody of children; support orders with employer withholding/remittance; firearm prohibition and surrender; restitution for actual damages; DSWD/agency temporary shelter and services; and other necessary reliefs with victim’s consent.
No. Regardless of conviction or acquittal, the court must determine whether the PPO should become final. Even if the criminal case is dismissed, a PPO shall be granted as long as there is no clear showing that the act from which the order might arise did not exist.
The Regional Trial Court designated as a Family Court has original and exclusive jurisdiction. In the absence of such court in the place where the offense was committed, the case is filed in the RTC where the crime or any of its elements was committed at the option of the complainant.