Overview

Yes. Under Philippine law, a husband (or any intimate partner, regardless of sex) may apply for a Barangay Protection Order (BPO) against his wife or partner if he is a victim of violence covered by the Anti-Violence Against Women and Their Children Act of 2004 (RA 9262) or other applicable laws.

However, the legal basis matters. BPOs are a remedy specific to RA 9262, so whether a husband can get a BPO depends on whether he qualifies as a protected petitioner under that statute, or whether another violence-related law provides a similar barangay-level remedy.

This article explains who can apply, when a husband can apply, what the process is, and the practical/legal limits in the Philippine context.

1. What Is a Barangay Protection Order (BPO)?

A Barangay Protection Order is a protection order issued by the Punong Barangay (or, in his/her absence, any available Barangay Kagawad) to prevent further acts of violence.

Key features:

Issuance is summary (rapid, based on the complaint and assessment).
Valid for 15 days.
Designed for immediate safety, not long-term adjudication.
It typically orders the respondent to:
- Stop the violence or threats
- Stay away from the victim
- Avoid harassing or contacting the victim
- Leave the home if necessary (in some cases, depending on circumstances)

BPOs are the lowest, fastest protection-order layer, ahead of Temporary Protection Orders (TPOs) and Permanent Protection Orders (PPOs) issued by courts.

2. The Legal Basis: RA 9262 (VAWC)

2.1 Who is Protected Under RA 9262?

RA 9262 protects:

Women who are victims of violence committed by their husbands, former husbands, boyfriends, former boyfriends, or anyone with whom they have/had a dating or sexual relationship, or with whom they have a common child.
Children of these women (legitimate, illegitimate, or adopted) who are victims of violence in the same setting.

So the statute is gender-specific by design: it addresses violence against women and their children.

2.2 Who May File a BPO Under RA 9262?

A BPO may be filed by:

The woman victim herself
Her children
Any of the following, on her behalf (if she is incapacitated or otherwise unable):
- parents or guardians
- ascendants, descendants, or relatives within the 4th civil degree
- DSWD or social workers
- police officers
- barangay officials
- lawyers, counselors, health providers
- at least two responsible citizens with personal knowledge of the violence

The law does not list a male intimate partner as a protected petitioner when he is the victim—because RA 9262 is not written to cover men as primary victims.

3. So Can a Husband Get a BPO Against His Wife Under RA 9262?

Short answer:

As a rule, no—if the husband is the direct victim and is filing for his own protection under RA 9262.

Because:

RA 9262 defines the protected victim as a woman (and/or her child).
The available protection orders within RA 9262—including BPOs—are legally framed for VAWC victims.

But there are important exceptions and scenarios:

4. Situations Where a Husband Can Use the BPO Mechanism

4.1 If the Intended Protected Party Is the Child (or a Woman)

A husband can apply for a BPO on behalf of:

his child, if the child is the victim of violence by the mother, and
the violence is connected to a VAWC context (i.e., child is abused within the intimate/family relationship setting)

Example:

A wife is physically abusing their child.
The husband may seek a BPO for the child’s protection.

Even though the statute centers women victims, it explicitly includes children as protected parties, and it allows certain individuals—including parents—to file on their behalf.

4.2 If the Wife Is the Victim but the Husband Files for Her

This is less common but legally possible if:

the wife is a victim of violence (for instance, by another partner or household member), and
the husband files on her behalf, consistent with the list of representatives allowed by RA 9262.

This is not a case of the husband being the victim; rather, he acts as a representative.

5. What If the Husband Is the Victim?

If a husband is being harmed by a wife or female partner, other legal remedies apply, because RA 9262 BPOs aren’t the correct vehicle for him as a direct victim.

5.1 File a Regular Criminal Complaint

Depending on the acts, he may file cases under:

Revised Penal Code (e.g., physical injuries, grave threats, coercion)
Special laws if applicable (e.g., cyber harassment, stalking-type conduct under other statutes)

Barangay conciliation (Katarungang Pambarangay) may also be required unless the case is exempt (like cases involving imminent danger, serious offenses, or when protection orders are needed).

5.2 Seek Court-Issued Remedies

A husband may request:

Protection orders or restraining orders under other legal grounds (not RA 9262), depending on the specific cause of action.
Civil remedies (damages, custody-related protective terms, etc.)

5.3 Use Barangay Processes for Immediate Safety

Even without a BPO, the barangay can still:

take a blotter entry
call both parties for intervention (if safe)
coordinate with the police for immediate action
help the victim access shelters or services

But these are not RA 9262 BPOs.

6. Why the Law Is Structured This Way (Key Doctrine)

RA 9262’s gender-specific structure has been repeatedly upheld as constitutional. The policy rationale:

Violence against women is historically pervasive and structurally unequal.
Women and children are seen as needing special protection due to power imbalances in intimate relationships.

Courts have treated RA 9262 as a valid protective classification, not discriminatory against men, because it addresses a documented social harm.

Therefore:

Men are not left without remedy,
but they obtain protection through general criminal/civil laws, not through RA 9262’s BPO track.

7. Practical Guidance at the Barangay Level

In real practice:

Some barangays may initially accept a husband’s request for a “BPO” out of urgency or misunderstanding.
But legally, the barangay’s authority to issue a true BPO flows from RA 9262, so:
- if the husband is the victim, barangay officials should redirect him to proper remedies,
- or assist him in filing a police report and appropriate case.

If a barangay issues a “BPO” for a husband as victim, it may be challenged as ultra vires (beyond authority).

8. What a Husband Should Do If He Needs Immediate Protection

If he fears harm:

Go to the barangay immediately
- Request blotter entry and urgent intervention.
Proceed to the PNP Women and Children Protection Desk (WCPD)
- They handle domestic and family violence, including male victims.
Seek a medical report
- If physical harm occurred.
Consult a lawyer or PAO
- To identify the correct criminal/civil cases and possible court orders.
If a child is at risk, request a BPO for the child
- And/or file child-abuse-related complaints.

9. Common Misconceptions

Misconception 1: “BPOs are for any domestic violence victim.”

Not exactly. BPOs are specifically a RA 9262 remedy, so they track VAWC coverage.

Misconception 2: “A husband can’t get any protection.”

False. He can, but through:

criminal cases,
barangay intervention,
and court remedies under other laws.

Misconception 3: “If a woman harms a husband, RA 9262 applies equally.”

It doesn’t, because RA 9262 is not gender-neutral in defining its protected victims.

10. Bottom Line

A husband generally cannot apply for a BPO for himself against his wife or female partner, because BPOs are issued under RA 9262, which protects women and their children.
He can apply for a BPO on behalf of their child (or on behalf of a woman victim) when RA 9262 conditions are met.
If he is the victim, he should use other criminal, civil, and barangay remedies, and seek court protection through the appropriate legal route.

Disclaimer

This article is for general information in the Philippine legal context and is not a substitute for a lawyer’s advice. For urgent danger or specific strategies, consult the Public Attorney’s Office (PAO), a private lawyer, or the nearest PNP WCPD.