Rule On Violence Against Women And Their Children

Sec 7

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

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

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

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

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 'o 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 expenses, child care 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

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

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

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

(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 boldfaced 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

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

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

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

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

(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

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

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

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 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

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

(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

(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

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

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.