Rule On Violence Against Women And Their Children

Sec 41

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

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

(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

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

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.