A.M. No. 04-10-11-SC
Rule on Violence Against Women and Their Children
Section 1. Applicability.This Rule shall apply to petitions for protection orders
in cases of violence against women and their children under
R.A.
No. 9262, otherwise known as the "Anti-Violence Against
Women and Their Children Act of 2004."
The Rules of Court shall
apply suppletorily.
Sec..2. Construction.This Rule shall be liberally construed to promote its objectives
pursuant to the principles of restorative
justice.
Sec. 3. Objectives.The objectives of this Rule are:
(a) To protect the rights
of the family and its members particularly women and children
from violence and threats to their personal safety and security;
(b) To enable the courts
to manage and monitor cases involving violence against women
and children and the members of their family or household;
(c) To prevent any disruption
in the daily lives of the offended parties and assist them
to regain control of their lives;
(d) To ensure that treatment
is provided for the offended parties and offenders; and
(e) To hold the offenders
accountable for their acts.
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 against a woman who is his
wife, former wife, or a woman with whom the person has or
had a dating or sexual relationship, or with whom he has
a common child, or against her child whether legitimate
or illegitimate, within or without the family abode, which
result in or is likely to result in physical, sexual, psychological
harm or suffering, or economic abuse including threats of
such acts, battery, assault, coercion, harassment or arbitrary
deprivation of liberty.
(b) “Children” refers to
persons below eighteen years of age or older but are unable
to fully take care of themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or
mental disability or condition. It includes the biological
children of the offended party and other children under
her care.
(c) “Members of the family”
shall include husband and wife, parents and children, the
ascendants or descendants, brothers and sisters, whether
of the full or half blood, whether living together or not.
(d) “Members of the household”
shall include:
(1) Spouses, common-law
spouses, former spouses, whether living together or not,
and their children;
(2) Relatives by consanguinity
or affinity up to the sixth civil degree, including stepparents
and stepchildren living together in the same house; and
(3) Domestic helpers
in the service of the employer, whose services are usually
necessary or desirable for the maintenance and enjoyment
of the home, who attend to the personal comfort and convenience
of the members of the household.
(e) “Battery” refers to an act of inflicting physical harm upon the woman or her child
resulting in physical and psychological or emotional distress.
(f) “Sexual violence” refers
to an act which is sexual in nature committed against a
woman or her child. It includes the following:
(1) rape, sexual harassment,
acts of lasciviousness, treating a woman or her child
as a sex object, making demeaning and sexually suggestive
remarks, physically attacking the sexual parts of the
victim's body, forcing the offended party to watch obscene
publications and indecent shows or to do indecent acts
or make films thereof, forcing the wife and mistress or
lover to live in the conjugal home or sleep together in
the same room with the abuser;
(2) acts causing or attempting
to cause the offended party to engage in any sexual activity
by force, threat of force, physical or other harm or threat
of physical or other harm or coercion; and
(3) prostitution
of the woman or her child.
(g) ”Psychological violence”
refers to acts or omissions causing or likely to cause mental
or emotional suffering of the offended party such as intimidation,
harassment, stalking, damage to property, public ridicule
or humiliation, repeated verbal abuse and marital infidelity.
It includes causing or allowing the offended party to witness
the physical, sexual or psychological abuse; of a member
of the family to which the offended party belongs, or to
witness pornography in any form or to witness abusive injury
to pets or to unlawful or unwanted deprivation of the right
to custody or visitation of common children.
(h) “Economic abuse” refers
to acts that make or attempt to make a woman financially
dependent which includes the following:
(1) withdrawing of financial
support or preventing the offended party from engaging
in any legitimate profession, occupation, business or
activity, except in cases where the other spouse or partner
objects on valid, serious and moral grounds as defined
in Article
73 of the Family Code;
(2) depriving
or threatening to deprive financial resources and the
right to the use and enjoyment of the conjugal, community
or property owned in common;
(3) destroying
household property; and
(4) controlling
the offended party's own money or property or solely controlling
the conjugal money or property.
(i)
“Stalking” refers to an intentional act of knowingly and
without lawful justification, following the woman or her
child or placing the woman or her child under surveillance
directly or indirectly or through a combination thereof.
(j) “Sexual relationship”
refers to a single sexual act which may or may not result
in the bearing of a common child;
(k) “Program of intervention
for offended parties” refers to a specialized program that
provides advocacy, shelter, crisis intervention, social
services, treatment, counseling, education, or training.
(I) “Program of intervention
for offenders” refers to court-ordered treatment of offenders
given by agencies or persons who have demonstrated expertise
and experience in anger control, management of alcohol,
substance abuse; and other forms of intervention to stop
violence,
(m) “Safe Place or Shelter”
refers to any home or institution managed by the Department
of Social Welfare and Development (DSWD) or by any agency
or voluntary organization accredited by the DSWD or any
other suitable place the resident of which is willing to
receive the offended party temporarily.
(n) “Safety plan” refers
to a written plan of action prepared by a social worker
and approved by the court to secure the protection of the
offended party.
(o) “Protection order”
is an order issued by the court to prevent further acts
of violence against women and their children, their family
or household members, and to grant other necessary relief.
Its purpose is to safeguard the offended parties from further
harm, minimize any disruption in their daily life and facilitate
the opportunity and ability to regain control of their life.
(p) “Barangay protection
order” (BPO) refers to the protection order issued by the
Punong Barangay, or in his absence the Barangay Kagawad,
ordering the perpetrator to desist from committing acts
of violence against the family or household members particularly
women and their children under Sections
5a and 5b of R.A. No. 9262.
(q) “Temporary protection
order” (TPO) refers to the protection order issued by the
court on the filing of the application and after ex parte
determination of its need. It may also be issued in the
course of a hearing, motu proprio or upon motion.
(r) “Permanent protection
order” (PPO) refers to the protection order issued by the
court after notice and hearing.
(s) “Live-link television
testimony” refers to the testimony of a child, who is an
eyewitness or offended party in violence against women and
their children, taken in a room outside the courtroom and
televised to the courtroom by live-link television, as provided
for in Section
25 of the Rule on Examination of a Child Witness. It
may also refer to the live-link testimony of an adult female
victim of violence, which may be allowed at the discretion
of the court.
Sec. 5. Acts of violence against women and their children under R.A. No. 9262.
Violence against women and their children is committed through
any of the following acts:
(a) Causing, threatening
or attempting to cause physical harm to the woman or her
child;
(b) Placing the woman or
her child in fear of imminent physical harm;
(c) Attempting to compel
or compelling the woman or her child to engage in conduct
which the woman or her child has the right to desist from
or to desist from conduct which the woman or her child has
the right to engage in, or attempting to restrict or restricting
the woman's or her child's freedom of movement or conduct
by force or threat of force, physical or other harm or threat
of physical on other harm, or intimidation directed against
the woman or her child.
This shall include, but
is not limited to, the following acts committed with the
purpose or effect of controlling or restricting the movement
or conduct of the woman or her child:
(1) Threatening to deprive
or actually depriving the woman or her child of custody
or access to her/his family;
(2) Depriving or threatening
to deprive the woman or her children of financial support
legally due her or her family, or deliberately providing
the woman's children insufficient financial support;
(3) Depriving or threatening
to deprive the woman or her child of a legal right; and
(4) Preventing the woman
from engaging in any legitimate profession, occupation,
business or activity except in cases where the spouse
or partner on valid, serious and moral grounds, or controlling
the victim's own money or property, or solely controlling
the conjugal or common money or property;
(d) Inflicting or threatening
to inflict physical ham on oneself for the purpose of controlling
her actions or decisions;
(e) Causing or attempting
to cause the woman or her child to engage in any sexual
activity which does not constitute rape, by force or threat
of force, physical harm, or through intimidation directed
against the woman or her child or her/his immediate family;
(f) Engaging in purposeful,
knowing, or reckless conduct, personally or through another,
that alarms or causes substantial emotional or psychological
distress to the woman or her child.
This shall include, but
is not limited to, the following acts:
(1) Stalking or following
the woman or her child in public or private places;
(2) Peering in the window
or lingering outside the residence of the woman or her
child;
(3) Entering or remaining
in the dwelling or on the property of the woman or her
child against her/his will;
(4) Destroying the property
and personal belongings or inflicting harm to animals
or pets of the woman or child; and
(5) Engaging in any form
of harassment or violence; or
(g) Causing mental or emotional
anguish, public ridicule or humiliation to the woman or
her child, including, but not limited to, repeated verbal
and emotional abuse, and denial of financial support or
custody of a minor child or denial of access to the woman's
child.
Sec. 6. Remedies of offended party. The offended party may file a separate petition for protection
order without claiming damages. The offended party may also
pursue other remedies in accordance with Part
II of this Rule by the filing of any of the following:
(a) Criminal action;
(b) Criminal action with
reservation of a separate civil action; or
(c) Civil action for damages.
Part I. Petition
for Protection Order
Sec. 7. Form of petition.A petition for protection order shall be in writing, signed
and verified by the petitioner. It shall be accompanied by
a certificate of non-forum shopping which the petitioner must
sign personally.
Sec. 8. Who may file petition. A petition for protection order may be filed by any of the
following:
(a) The offended party;
(b) Parents or guardians
of the offended party;
(c) Ascendants, descendants
or collateral relatives of the offended party within the
fourth civil degree of consanguinity or affinity;
(d) Officers or social
workers of the Department of Social Welfare and Development
(DSWD) or social workers of local government units (LGUs);
(e) Police officers, preferably
those in charge of women and children's desks;
(f) Punong Barangay or
Barangay Kagawad;
(g) Lawyer, counselor,
therapist or healthcare provider of the petitioner; or
(h) At least two concerned,
responsible citizens of the place where the violence against
women and their children occurred and who have personal
knowledge of the offense committed.
The filing of a petition
for protection order by the offended party suspends the right
of all other authorized parties to file similar petitions.
A petition filed by the offended party after the filing of
a similar petition by an authorized party shall not be dismissed
but shall be consolidated with the petition filed earlier.
Sec. 9. Where to file the petition. The verified petition
for protection order may be filed with the Family Court of
the place where the offended party resides. If there is no
existing Family Court, it may be filed with the regional trial
court, metropolitan trial court, municipal trial court in
cities, municipal trial court or municipal circuit trial court
with territorial jurisdiction over the place of residence
of the offended party.
Sec. 10. Contents of the petition.The petition filed by
the offended party shall contain the following:
(a) The
name, age and residence of the offended party;
(b) The name, age and residence
of the respondent;
(c) A description of the
relationship between the offended party and the respondent;
(d) A complete description
of the alleged act constituting violence including the date,
time and place of occurrence;
(e) A request for counsel
and the reasons for such;
(f) A request for waiver
of application fees;
(g) The relief from violence
prayed for, including protection orders to cover any designated
family or household member who consents to such relief.
If the petitioner is not
the offended party, the petition shall be accompanied by
an affidavit of the petitioner attesting to the following:
(a) facts
showing the authority of the petitioner to file the petition;
(b) circumstances
of the abuse suffered by the offended party; and
(c) circumstances
of consent given by or refusal to consent of the offended
party to file the petition.
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, the petitioner
shall attest that the offended party is residing in the municipality
or city over which the court has territorial jurisdiction,
and shall provide a mailing address for purposes of service
processing.
Sec.
11. Reliefs available
to the offended party.The protection
order shall include any, some or all of the following reliefs:
(a) Prohibiting the respondent
from threatening to commit or committing, personally or
through another, acts of violence against the offended party;
(b) Prohibiting the respondent
from harassing, annoying, telephoning, contacting or otherwise
communicating in any form with the offended party, either
directly or indirectly;
(c) Removing and excluding
the respondent from the residence of the offended party,
regardless of ownership of the residence, either temporally
for the purpose of protecting the offended party, or permanently
where no property rights are violated. If the respondent
must remove personal effects from the residence, the court
shall direct a law enforcement agent to accompany the respondent
to the residence, remain there until the respondent has
gathered his things and escort him from the residence;
(d) Requiring the respondent
to stay away from the offended party and any designated
family or household member at a distance specified by the
court;
(e) Requiring the respondent
to stay away from the residence, school, place of employment
or any specified place frequented regularly by the offended
party and any designated family or household member;
(f) Directing lawful possession
and use by the offended party of an automobile and other
essential personal effects, regardless of ownership, and
directing the appropriate law enforcement officer to accompany
the offended party to the residence of the parties to ensure
that the offended party is safely restored to the possession
of the automobile and other essential personal effects;
(g) Ordering temporary
or permanent custody of the child/children with the offended
party, taking into consideration the best interests of the
child. An offended party who is suffering from Battered
Woman Syndrome shall not be disqualified from having custody
of her children. In no case shall custody of minor children
be given to the batterer of a woman who is suffering from
Battered Woman Syndrome;
(h) Directing the respondent
to provide support to the woman and/or her child, if entitled
to legal import. Notwithstanding other laws to the contrary,
the court shall order an appropriate percentage of the income
or salary of the respondent to be withheld regularly by
his employer and to automatically remit it directly to the
offended party. Failure to withhold, remit or any delay
in the remittance of support to the offended party without
justifiable cause shall render the respondent or his employer
liable for indirect contempt of court;
(i)
Prohibiting the respondent from carrying or possessing any
firearm or deadly weapon and ordering him to surrender the
same to the court for appropriate disposition, including
revocation of license and disqualification to apply for
any license to carry or possess a firearm. If the respondent
is .a law enforcement agent, the court shall order him to
surrender his firearm and shall direct the appropriate authority
to investigate him and take appropriate action thereon;
(j) Directing the DSWD
or any appropriate agency to prepare a program of intervention
for the offended party that provides advocacy, temporary
shelter, crisis intervention, treatment, therapy, counseling,
education, training and other social services that the offended
party may need;
(k) Requiring the respondent
to receive professional counseling from agencies or persons
who have demonstrated expertise and experience in anger
control, management of alcohol, substance abuse and other
forms of intervention to stop violence. The program of intervention
for offenders must be approved by the court. The agency
or person is required to provide the court with regular
reports of the progress and result of professional counseling,
for which the respondent may be ordered to pay; and
(I) Awarding the offended
party actual damages caused by the violence inflicted, including,
but not limited to, property damage, medical expanses, childcare
expenses and loss of income; and compensatory, moral, and
exemplary damages, subject to Sections
26a and 35 of this Rule.
The court may grant such
other forms of relief to protect the offended party and any
designated family or household member who consents to such
relief.
Sec. 12. Duties of the clerk of court. The clerk of court
shall assist the petitioner or the offended party by:
(a) Communicating in a
language understood by the petitioner;
(b) Providing the petitioner
with a standard petition form written in English with translation
into the major local dialects, including the instructions
for its accomplishment;
(c) Ensuring the privacy
of the offended party to the extent practicable while the
form is being accomplished;
(d) Advising the petitioner
on the availability of legal assistance from the Public
Attorney's Office of the Department of Justice or any public
legal assistance office;
(e) Advising the petitioner
on entitlement of support services from the DSWD and LGUs;
(f) Advising the petitioner
on the availability of an affidavit of indigency
in lieu of payment of the filing fee;
(g) Providing the offended
party with a certified copy of the protection order as well
as giving the necessary information regarding the process
for its service and enforcement;
(h) Making available informative
materials on violence against women and their children,
including their rights as victims; and
(i)
Informing the offended party that compensation is available
from the Department of Justice Board of Claims in accordance
with the provisions of R.A. No. 7309 (1992), otherwise known
as "An Act Creating a Board of Claims Under the Department
of Justice for Victims of Unjust Imprisonment or Detention
and Victims of Violent Crime and For Other Purposes."
Sec. 13. Exemption from payment of docket fee and other expenses. If the offended
party is an indigent or there is an immediate necessity due
to imminent danger or threat of danger to act on a petition
for a protection order, the court shall accept the petition
without payment of the filing fee and other fees and of transcripts
of stenographic notes.
Sec. 14. Raffle in multi-sala courts.The petition filed in a multi-sala
court shall be raffled without delay.
If an action contains an
application for a protection order, it shall be the subject
of a special raffle.
Sec. 15. Ex parte issuance of temporary protection order.
(a) If the court is satisfied
from the verified allegations of the petition that there
is reasonable ground to believe that an imminent danger
of violence against women and their children exists or is
about to recur, the court may issue ex parte a temporary
protection order which shall be effective for thirty days
from service on the party or person sought to be enjoined.
(b) The temporary protection
order shall include notice of the date of the preliminary
conference and hearing on the merits. The following statements
must be printed in bold-faced type or in capital letters
on the protection order issued by the court:
"VIOLATION OF THIS
ORDER IS PUNISHABLE BY LAW.
"IF THE RESPONDENT
APPEARS WITHOUT COUNSEL ON THE DATE OF THE PRELIMINARY CONFERENCE
AND HEARING ON THE MERITS ON THE ISSUANCE OF .A PERMANENT PROTECTION
ORDER, THE COURT SHALL NOT RESCHEDULE OR POSTPONE THE PRELIMINARY
CONFERENCE AND HEARING BUT SHALL APPOINT A LAWYER FOR THE
RESPONDENT AND IMMEDIATELY PROCEED WITH SAID HEARING.
"IF THE RESPONDENT
FAILS TO APPEAR ON THE DATE OF THE PRELIMINARY CONFERENCE
AND HEARING ON THE MERITS DESPITE PROPER NOTICE, THE COURT
SHALL ALLOW EX PARTE PRESENTATION OF EVIDENCE BY THE PETITIONER
AND RENDER JUDGMENT ON THE BASIS OF THE PLEADINGS AND EVIDENCE
ON RECORD. NO DELEGATION OF THE RECEPTION OF EVIDENCE SHALL
BE ALLOWED."
(c) The court shall likewise
order the immediate issuance of a notice requiring the respondent
to file an opposition within five days from service. It
shall further order service of (1) the notices to file opposition
and of dates of the preliminary conference and hearing,
(2) the protection order, and (3) copy of the petition,
upon the respondent by the court sheriff, or any person
authorized by the court, who may obtain the assistance of
law enforcement officers.
Sec. 16. Notice where no temporary protection order is issued ex parte. Where no temporary protection order is issued ex parte, the
clerk of court shall forthwith issue the corresponding notice
to the respondent requiring him to file an opposition within
five days. The date of the preliminary conference and hearing
on the merits shall be indicated on the notice.
Where the notice could not
be served personally or by substituted service despite diligent
efforts, Rule 14 of the Rules of Court shall apply as far
as practicable.
Sec. 17. Enforceability of protection order.The protection
order issued by the court shall be enforceable anywhere in
the Philippines. Violation of the protection order shall be punishable
by a fine ranging from Five Thousand (P5.000.00) Pesos to
Fifty Thousand (P50,000.00) Pesos or imprisonment of six months
or both.
Sec. 18. Duties of the law enforcement officer. Upon the
receipt of the protection order, the law enforcement officer
shall use all reasonable means to enforce the order and prevent
further violence, such as by:
(a) Taking any action necessary
to provide for the safety of the offended party;
(b) Taking custody of the
weapon used in the violence against women and their children;
(c)Transporting or obtaining
transportation for the offended party to a safe place;
(d) Assisting the offended
party in obtaining medical treatment, including transportation
to a medical clinic or hospital; and
(e) Assisting the offended
party in removing essential personal effects from the residence.
The law enforcement officer
shall submit a written report to the court within twenty-four
hours from receipt setting forth compliance with such order.
Sec. 19. Duties of social worker. The social worker assigned
by the court shall assist the petitioner seeking a protection
order by:
(a) Preparing a case study
and a program of intervention for the offended party, including
her children, and referring them to DSWD havens, crisis
intervention centers and private entities rendering appropriate
social services;
(b) Formulating a safety
plan which shall be approved by the court; and
(c) Monitoring the measures
indicated in the protection order.
Sec. 20. Opposition to petition.
(a) The respondent may
file an opposition to the petition which he himself shall
verify. It must be accompanied by the affidavits of witnesses
and shall show cause why a temporary
or permanent protection order should not be issued.
(b) Respondent shall not
include in the opposition any counterclaim, cross-claim
or third-party complaint, but any cause of action which
could be the subject thereof may be litigated in a separate
civil action.
Sec. 21. Effect of failure to file an opposition. If the
respondent fails to file an opposition to the petition within
the period above provided, the court, motu proprio or on motion
of the petitioner, shall issue the corresponding order as
may be warranted by the facts alleged in the petition.
Sec. 22. Prohibited pleadings and motions.The following
pleadings, motions or petitions shall not be allowed:
(a) Motion to dismiss the
petition except on the ground of lack of jurisdiction over
the subject matter or over the parties;
(b) Motion for extension
of time to file opposition, affidavit, position paper and
other pleadings;
(c) Dilatory motion for
postponement;
(d) Motion for a bill of
particulars;
(e) Third-party complaint;
(f) Reply;
(g) Motion to declare the
respondent in default;
(h) Intervention;
(i)
Memorandum;
(j) Petition for certiorari,
mandamus or prohibition against any interlocutory order
issued by the court;
(k) Motion for new trial,
or for reconsideration of a protection order, or for reopening
of trial; and
(I) Petition for relief
from judgment.
Sec. 23. Preliminary conference.
(a) When conducted. A preliminary
conference, which is mandatory, shall be held on the date
indicated in the notice.
(b) Notice. The notice shall be served the parties, including the offended
party, who shall be required to notify their respective
counsels, if any. The parties shall appear in person at
the preliminary conference and submit their position papers
setting forth the law and the facts relied upon by them.
(c) Nature and purpose.
The court shall consider:
(1) The propriety of
issuing a protection order. The court shall not deny the
issuance of a protection order due to the lapse of time
between the act of violence and the filing of the petition,
subject to Section
24, R.A. No. 9262. The issuance of a barangay protection
order or the pendency of an application for a barangay
protection order shall not preclude a petitioner from
applying for, or the court from granting, a protection
order;
(2) The simplification
of the issues; and
(3) Such other matters
as may aid in the prompt disposition of the petition.
The court shall not refer
the case or any issue thereof to a mediator,
(d) Prohibited compromise.The court shall not allow compromise on any act constituting
the crime of violence against women and their children and
other prohibited matters, such as the following:
(1) The civil status
of persons;
(2) The validity of a
marriage, declaration of nullity or annulment of a marriage
or of a legal separation;
(3) Any ground for declaration
of nullity or annulment of a marriage or of legal separation;
(4) Future support;
(5) The jurisdiction
of courts; and
(6) Future legitime.
(e) Effect of failure to
appear.
(1) If the petitioner
fails to appear personally, the petition shall be dismissed
unless the counsel or a duly authorized representative
of the petitioner appears in court and gives a justifiable
reason for the non-appearance of the petitioner; however,
if the petition is filed by a person other than the offended
party, it shall not be dismissed if the offended party
is present and does not agree to its dismissal.
(2) If the respondent
appears without counsel, the court shall not reschedule
or postpone the conference but shall appoint a lawyer
for the respondent and immediately proceed therewith;
and
(3) If the respondent
has filed his opposition but fails to appear despite proper
notice; the petitioner shall be allowed to present evidence
ex parte. The court shall then render judgment on the
basis of the pleadings and evidence on record.
Sec. 24. Protection order issued after preliminary conference. Within five days after the termination of the preliminary conference,
the court may issue a protection order, based on the pleadings
and stipulations or admissions made by the parties.
Sec. 25. Order for further hearing. In case the court determines the need for further
hearing, it may issue an order containing
the following:
(a) Facts undisputed and
admitted;
(b)Factual and legal issues
to be resolved;
(c) Evidence, including
objects and documents that have been marked and will be
presented;
(d) Names of witnesses
who will be ordered to present their direct testimonies
in the form of affidavits; and
(e) Schedule of the presentation
of evidence by both parties which shall be done in one day,
to the extent possible, within the 30-day period of the
effectivity of the temporary protection
order issued.
Sec. 26. Hearing.
(a)
Rule applicable.The Revised Rule on Summary Procedure shall
apply as far as practicable.
(b) Period to hear petition.The
court shall, to the extent possible, endeavor to conduct
in one day the hearing en the merits for the issuance of
a permanent protection order. Where the court is unable
to finish the hearing within one day and the temporary protection
order issued is due to expire, it may extend or renew the
temporary protection order for a period of thirty days 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.
(c) Evidence of history
of abusive conduct.The court may
allow the introduction of any evidence of history of abusive
conduct of a respondent even if the same was not directed
against the victim, provided the same is relevant.
(d) Exclusion of persons
from courtroom.The court may order
the exclusion from the courtroom of all persons who do not
have a direct interest in the case. Such an order may be
made if the court determines on the record that requiring
a party to testify in open court:
(1) would
not enhance the ascertainment of truth;
(2) would
cause the party psychological harm or inability to effectively
communicate due to embarrassment, fear or timidity;
(3) would
violate the right of a party to privacy; or
(4) would
be offensive to decency or public morals.
Sec. 27. Prohibited acts.The court hearing a petition for a protection order shall
not order, direct, force or in any way unduly influence the
applicant for a protection order to compromise or abandon
any of the reliefs sought in the petition for protection under
the law and this Rule. Failure to comply with this section
shall render the judge administratively liable.
Sec. 28. Availability of live-link television to eyewitnesses or 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 procedure involved in the actual taking
of the testimony shall be followed as provided for in Section
25 of the Rule on Examination of a Child Witness.
(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
trauma if she were to testify in the presence of the offender
or perpetrator.
Sec. 29. Period to decide.
(a] The court shall decide the petition within
thirty days after termination of the hearing on the merits.
(b) Where no hearing has
been conducted, the court shall decide the petition within
ten days after the termination of the preliminary conference.
Sec. 30. Judgment. If the court finds the petition meritorious,
it shall render judgment granting the offended party permanent
protection against acts of violence and such other necessary
reliefs provided in Section 11
of this Rule. The court shall not deny the 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 Section
24, R.A. No. 9262. The judgment shall be immediately executory.
Sec. 31. Appeal. Any aggrieved party may appeal by filing a notice of appeal with
the court that rendered the final order or judgment within
fifteen days from notice and serving a copy thereof upon the
adverse party. The appeal shall not stay the enforcement of
the final order or judgment.
Part II. Application for Protection
Order as an Incident in a Criminal or Civil Action and Other
Remedies
Sec. 32. Applicability to applications for protection orders filed as incidents
in civil or criminal cases. The foregoing
provisions shall also apply to applications for protection
orders filed as incidents in criminal or civil actions.
Sec. 33. When petition may proceed separately from or be deemed instituted with
criminal action. (a) An offended
party may file a petition for protection order ahead of a
criminal action arising from the same act. The same shall
proceed separately from the criminal action and shall require
only a preponderance of evidence. Upon motion of the petitioner,
the court may consolidate the petition with the criminal action.
(b) Where the offended party
chooses to file a criminal action, the petition for protection
order is deemed instituted with the criminal action, unless
the offended party reserves the right to institute it separately.
Sec. 34. When petition may proceed separately from or be deemed instituted with
the civil action for damages.
(a) An offended party may
file a petition for protection order ahead of a civil action
for damages arising from the same act. The same shall proceed
separately from the civil action and shall require only
a preponderance of evidence. Upon motion of the petitioner,
the court may consolidate the petition with the civil action.
(b) Where the offended
party chooses to file a civil action for damages, the petition
for protection order is deemed instituted with the civil
action.
Sec. 35. Prosecution of civil action for damages. The
civil action for damages shall be governed by the 1997 Rules
of Civil Procedure. However, the offended party cannot recover
the same damages twice for the same act or omission.
Sec. 36. Prosecution of criminal action. An act of violence covered by R.A. No.
9262 constituting a criminal offense shall subject the offender
to criminal proceedings, which shall be governed by the Revised
Rules of Criminal Procedure.
Where the judgment of conviction
declares that the guilt of the accused has been proved beyond
reasonable doubt, the permanent protection order shall issue
as a matter of course.
Where the judgment of acquittal
declares that the quantum of evidence is not enough to sustain
a conviction beyond reasonable doubt, the court shall determine
whether or not to issue a permanent protection order.
Where the judgment of acquittal
expressly declares that the basis of the offender's criminal
liability did not exist, a permanent protection order shall
not issue. A temporary protection order that may have been
earlier issued shall be dissolved.
Sec. 37. Bond to keep the peace. The court may also order
any person, against whom a permanent protection order is issued,
to give a bond to keep the peace. It shall be the duty of
said person to present two sufficient sureties who shall undertake
that such person will not commit the violence sought to be
prevented, and that in case such violence is committed they
will pay the amount determined by the court in its judgment.
The court in its discretion shall fix the duration of the
bond.
Part III. Common Provisions
Sec. 38. Reproduction of evidence. An order granting the issuance of a permanent
protection order is without prejudice to a trial on the merits
of the criminal or civil action involving violence against
women and their children. The evidence adduced during the
hearing for the issuance of a permanent protection order may,
upon motion, be reproduced in the criminal or civil action
without prejudice to the cross-examination of witnesses and
presentation of additional evidence.
Sec. 39. Jurisdiction and venue for criminal actions or civil actions. The Family
Court shall have original and exclusive jurisdiction over
cases of violence against women and their children regardless
of the amount of damages claimed. The action may also be filed
with the appropriate regional trial courts in places where
there are no Family Courts, at the option of the offended
party.
Sec. 40. Privacy and confidentiality of proceedings. All hearings of cases of violence
against women and their children shall be conducted in a manner
consistent with the dignity of women and their children and
respect for their privacy.
Records of the cases shall
be treated with utmost confidentiality. Whoever publishes
or causes to be published, in any format, the name, address,
telephone number, school, business address, employer or other
identifying information of the parties or an immediate family
or household member, without their consent or without authority
of the court, shall be liable for contempt of court and shall
suffer the penalty of one year imprisonment and a fine of
not more than Five Hundred Thousand (P500,000.00)
Pesos.
Part IV. Barangay Protection Order
Sec. 41. Venue. Applications for barangay protection orders shall observe the following
rules on venue:
(a) where
the parties reside in the same barangay, the dispute shall
be brought for settlement in said barangay;
(b
where the parties reside in different barangays
in the same city or municipality, the dispute shall be settled
in the barangay where the respondent or any one of the respondents
actually resides, at the choice of the complainant;
(c) disputes arising at
the workplace where the contending parties are employed
or at the institution where such parties are enrolled for
study, shall be brought in the barangay where such workplace
or institution is located; and
(d) any
objection relating to venue shall be raised before the Punong
Barangay during the proceedings before him. Failure to do
so shall be deemed a waiver of such objections.
Sec. 42. Where to file complaint for violation of a barangay protection order.
A complaint for violation of a barangay protection order may
be filed with any metropolitan trial court, municipal trial
court in cities, municipal trial court or municipal circuit
trial court that has territorial jurisdiction over the barangay
which issued the said protection order.
Sec. 43. Procedure.
(a) The complaint shall
be accompanied by affidavits and other evidence proving
the alleged violation;
(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.
Sec. 45. Effectivity. This Rule shall take effect on
the 15th day of November 2004 following its publication in
a newspaper of general circulation not later than 30
October 2004.
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