Rule On Violence Against Women And Their Children

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

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

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

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.