How to File a VAWC Case and Obtain a Protection Order in the Philippines (RA 9262)

This is a practical, plain-English guide to the Anti-Violence Against Women and Their Children Act of 2004 (Republic Act No. 9262). It covers what counts as VAWC, who is protected, the types of protection orders (BPO, TPO, PPO), how and where to file, what evidence helps, and what happens next. It is not a substitute for tailored legal advice; for urgent help, contact the nearest barangay, police Women and Children Protection Desk (WCPD), PAO/legal aid, or a trusted lawyer.

1) What RA 9262 Covers

Who is protected:

Women who are or were in an intimate relationship with the abuser: spouse, former spouse, live-in partner, former live-in partner, boyfriend/girlfriend in a dating relationship, or a person with whom she has a common child.
Her child/children (whether legitimate or illegitimate), including minors and those over 18 who are incapable of self-care due to a disability.

Who can be liable:

A person who commits acts of violence against a woman with whom he has or had the above relationship, or with whom he has a common child. (Other laws protect against violence by strangers or non-intimate relations.)

What counts as VAWC (illustrative):

Physical abuse: hitting, slapping, strangling, kicking, confinement, etc.
Sexual abuse: rape, coerced sex, sexual harassment within the relationship, forcing into sexual acts/prostitution.
Psychological abuse: threats, intimidation, stalking (including electronic/online), repeated verbal/emotional abuse, humiliation, isolation, controlling movements/communications, harming pets, destruction of belongings, exposing children to violence.
Economic abuse: withholding or controlling money, refusing necessary financial support, preventing the victim from working, destroying household property, depriving access to conjugal/common funds, or employment-related harassment.

Key definitions in practice:

A dating relationship is a romantic involvement over time on a continuing basis. A casual acquaintance or ordinary socialization is not enough.
VAWC is often treated as a continuing offense (relevant to venue and timing).

2) Two Tracks: Protection Orders vs. Criminal Case

You can pursue either or both at the same time:

Protection Orders (civil, preventive): fast, mainly to stop the abuse, keep distance, and secure immediate reliefs like custody, support, residence, and surrender of firearms.
Criminal Case (penal): to punish the abuser for the acts of violence with penalties under RA 9262 and related laws.

These tracks complement each other. A protection order can be issued even if no criminal case has yet been filed.

3) Protection Orders at a Glance

There are three levels of protection orders. You can start at any level that fits your situation; many begin with a BPO for immediate coverage, then apply for a TPO/PPO in court.

Type	Where issued	How fast	Duration	Typical scope
BPO (Barangay Protection Order)	Punong Barangay (or any Kagawad if the PB is unavailable)	Same day (summary/ex parte)	15 days	Stop threats/harassment; no-contact; stay-away from victim/child’s home, school, workplace.
TPO (Temporary Protection Order)	Family Court (RTC; where no Family Court, the RTC designated to hear family cases)	Ex parte; generally within 24 hours of filing	30 days	Broader: stay-away + removal/exclusion from home, temporary custody, support, use of vehicle/residence, surrender of firearms, counseling, payment of medical/other expenses, etc.
PPO (Permanent Protection Order)	Family Court (after hearing)	After summary hearing (before TPO lapses)	Continuous until revoked	Same as TPO, made enduring; court may refine custody/support/visitation and other long-term safeguards.

No mediation/conciliation. VAWC complaints must not be mediated or compromised at the barangay or in court. Safety—not settlement—is the priority.

4) Who May Apply for a Protection Order

The victim herself.
Parent/guardian of the victim.
Ascendants, descendants, or relatives within the 4th civil degree (e.g., grandparents, siblings, aunts/uncles, cousins).
Local social welfare officer/DSWD worker, barangay official, police, lawyer, or responsible citizens with personal knowledge of the abuse (often required to be two).
For a minor victim, authorized adults may file on her behalf.

Fees: Applications for protection orders are not subject to docket/filing fees. Courts must assist unrepresented petitioners in preparing forms.

5) How to Get a Barangay Protection Order (BPO)

Where to go: The barangay where you or the abuse occurred. Look for the VAWC Desk or the Punong Barangay.

Bring (if available; not all are required):

Any valid ID;
Brief sworn statement describing the abuse, relationship, and requested relief (the barangay can help draft);
Evidence (photos of injuries/damaged property, threatening texts/chats/screenshots, medical certificates, police blotter, witness details).

What happens:

You give a narrative of the abuse and your relationship to the respondent.
The barangay prepares or receives your sworn application for a BPO.
The Punong Barangay (or Kagawad) issues the BPO immediately (same day), typically ex parte.
The barangay serves the BPO on the respondent and forwards copies to the police/WCPD.
The BPO takes effect for 15 days and is enforceable nationwide.

What a BPO can order (typical):

No contact: no calls, texts, messages, tagging, or contact through others.
Stay-away: from you/your child and specified places (home, school, workplace, frequent areas), with a court-set buffer distance (often 100m or as specified).
Cease threats/harassment and acts of violence.

Limitations: A BPO cannot grant custody/support or eject the respondent from the home—those come with TPO/PPO.

6) How to Get a TPO and PPO in Court

Where to file:

Family Court (RTC) where you reside or where the abuse occurred. If there is no designated Family Court, file with the RTC that handles family cases in your area.

What to file: A Verified Petition for Protection Order (court can assist). Include:

Your identity and address (ask the court to keep addresses confidential if needed);
The respondent’s identity and last known address/workplace;
Your relationship (spouse, ex, dating partner, common child, etc.);
A detailed narration of the acts of abuse (dates/places if known);
The reliefs you seek (see list below);
Attachments (copies/screenshots/printouts of messages, medical certificates, photos, barangay BPO, police blotter, school letters, receipts, affidavits, etc.);
Verification and certification against forum shopping (standard form).

Reliefs you may request (tailor to your needs):

No-contact and stay-away terms (list people/places; propose a distance);
Removal/exclusion of respondent from the residence, even if the home is conjugal/co-owned;
Temporary custody of the children; supervised visitation for the respondent;
Child and/or spousal support (monthly amount; ask for interim support);
Surrender of firearms and licenses; suspension/cancellation of permit to carry;
Restitution/payment of medical, therapy, shelter, property damage;
Protection of employment (no workplace harassment, no interference with job);
Use/possession of vehicle, personal effects;
Participation in counseling/rehabilitation programs by the respondent;
Other measures necessary for safety (e.g., school pickup protocols, device/account safety, privacy safeguards).

Timeline:

TPO: Issued ex parte, generally within 24 hours after filing; effective 30 days. A hearing date for the PPO is set before the TPO expires.
PPO: Issued after summary hearing with both parties; remains effective until revoked. The court may later modify terms on motion.

Service & enforcement:

The sheriff or police serves the TPO/PPO. Keep certified copies with you (and at home/school/work). Orders are enforceable nationwide.

7) Filing the Criminal Case (RA 9262 Offenses)

You can file any time, even if you already have (or are still seeking) a protection order.

Where to start:

Police WCPD or Prosecutor’s Office (City/Provincial). For in-progress danger, call 911 or go to the nearest police station.

What to expect:

Blotter entry and sworn statement (police can help draft).
Medico-legal exam if there are physical/sexual injuries; obtain a medical certificate.
Evidence collection (see Section 8).
Inquest (if suspect was arrested) or preliminary investigation to determine probable cause.
If probable cause is found, the prosecutor files an Information in court; the case proceeds to arraignment and trial.

Penalties & related consequences (high level):

Penalties vary by act and may include imprisonment, fines, mandatory counseling, and civil damages.
Violation of a protection order is a separate criminal offense.
Courts may issue hold departure or related orders consistent with procedural rules.

No barangay conciliation prerequisite. VAWC cases are exempt from Katarungang Pambarangay mediation.

8) Evidence: What Helps and How to Gather It

Document abuse patterns, not just single events. Judges/prosecutors look for consistency, credibility, and detail.

Strong evidence (use what you have; you don’t need everything):

Digital: screenshots/printouts of texts, chats, emails, call logs, social media posts, threatening voice messages; export with timestamps and phone numbers/handles visible.
Physical: photos of injuries (different angles, with date reference), torn clothes, damaged items; keep receipts for repairs/replacements.
Medical: ER records, medico-legal certificate, therapy/psychological reports.
Official: barangay BPO, police blotter, prior complaints, school or HR incident reports.
Financial: bank statements, remittance slips, proof of withheld/irregular support, evidence of employment interference.
Witnesses: neighbors, relatives, co-workers, teachers, caregivers.
Children’s records: guidance counselor notes, teacher observations (handled sensitively; avoid coaching).

Tips:

Don’t delete digital messages; back them up (cloud/USB).
Keep a dated incident log (short entries: what happened, where, who saw/heard, any injuries/damages).
Share copies with a trusted person or your lawyer for safekeeping.
If the abuser has firearms, flag this in your petition and request immediate surrender and license suspension.

9) Custody, Support, Home & Work Protections

Custody: Courts prioritize the best interests of the child. TPO/PPO can grant temporary custody and arrange supervised visitation.
Support: You can seek interim child/spousal support in the TPO/PPO and in the criminal case’s civil aspect.
Residence: The court can exclude the respondent from the family home even if co-owned and grant you temporary possession.
Employment: RA 9262 grants 10 days of paid leave to employed victims, extendible when the protection order or the prosecutor/court deems it necessary. Ask HR; provide certification (e.g., barangay, police, prosecutor, or court).

10) What If the Respondent Violates a Protection Order?

Call the police immediately and show the BPO/TPO/PPO.
Warrantless arrest may be made when the violation is committed in the presence of law enforcers or falls within lawful warrantless arrest situations.
File a complaint for violation of the protection order (a separate crime) and consider a motion to cite in contempt in the issuing court.
Keep a violation log and evidence (screenshots, CCTV, witness statements).

11) Confidentiality, Safety, and Practical Supports

Courts and agencies can keep addresses confidential; ask for in camera (closed-door) proceedings when appropriate.
The barangay/police should escort you to retrieve belongings if needed.
Request non-disclosure of school/work addresses in the order.
Government and NGO shelters, counseling, and legal aid exist; for indigent litigants, PAO assists.
If you must relocate, ask the court for school/work transfer safeguards and ensure copies of the order are with new administrators.

12) Common Pitfalls (and How to Avoid Them)

Waiting for a “big” incident. Patterns of threats/harassment or economic control are already VAWC. Act early.
Relying on mediation. Not allowed. Go straight to a BPO and/or TPO/PPO.
Incomplete petitions. Be specific: dates/places (even approximations), exact words in threats, prior incidents. Attach what you have.
No copies on hand. Carry a copy of your order; leave copies with school, HR, building guards.
Digital evidence without context. Save whole message threads with timestamps/IDs; don’t crop away the header info.

13) FAQs

Q: I’m just a girlfriend; we never lived together. Can I file under RA 9262? A: Yes, if it was a dating relationship (romantic involvement over time). A casual acquaintance is not enough.

Q: The abuse is mostly online (threats, stalking). Covered? A: Yes. Electronic harassment/stalking and psychological abuse are recognized forms of VAWC.

Q: Can a man use RA 9262 as a victim? A: RA 9262 protects women and their children. Male victims can pursue remedies under other laws (e.g., Revised Penal Code, Safe Spaces Act, Anti-Cyberbullying, etc.) and can seek regular protection orders in appropriate cases.

Q: Can foreigners be respondents? A: Yes, if the court has jurisdiction (e.g., abuse occurred in the Philippines or the respondent is within reach of the court/order).

Q: Do I need a lawyer to get a BPO/TPO? A: Not required, but helpful—especially for PPO, custody, and support issues. The court must assist self-represented petitioners.

14) Step-by-Step Checklists

A) Immediate Safety & BPO

If in danger, call 911 or go to the nearest police/WCPD.
Proceed to the barangay (victim’s or place of incident).
Give a sworn statement; request a BPO with no-contact and stay-away terms.
Ask for service of the BPO on the respondent and forwarding to police.
Keep copies; note the 15-day effectivity.

B) Court TPO/PPO

Go to the Family Court/RTC (residence or place of abuse).
File a Verified Petition with attachments; request ex parte TPO and list reliefs.
Receive the TPO (target: within 24 hours); coordinate service.
Attend the PPO hearing; bring witnesses/evidence.
Keep copies of the PPO; provide to school, HR, security, and police.

C) Criminal Case

Report to WCPD or Prosecutor; give a detailed sworn statement.
Obtain medical/medico-legal if injured.
Submit evidence (digital/physical/witnesses).
Cooperate in inquest/prelim investigation; monitor status with the prosecutor.

15) Simple Templates (You Can Paraphrase)

A) Sworn Statement (Barangay/Police) – Sample Points

Your name, age, address; respondent’s name, relationship.

Short timeline of incidents (dates/places if known).

Exact words of threats or samples of harassment; attach screenshots.

Effects on you/your child (fear, anxiety, missed work/school, costs).

What you need immediately (no-contact, stay-away, police escort).

“I am executing this statement to support my request for a protection order and for filing appropriate charges under RA 9262.”

B) Petition for TPO/PPO – Core Headings

Parties & Relationship (spouse/ex/dating/common child).

Jurisdiction & Venue (residence/where abuse occurred).

Material Facts (narrative of abuse; attach BPO, medical, screenshots).

Reliefs Sought (no-contact, stay-away, removal from home, custody, support, surrender firearms, restitution, counseling, employment safeguards, confidentiality).

Prayer (grant TPO ex parte; set PPO hearing; other just/ equitable reliefs).

Verification/Certification (signed, with ID).

16) Quick Reference

BPO: Barangay; same day; 15 days; no-contact/stay-away.
TPO: Family Court/RTC; within 24 hours ex parte; 30 days; broad reliefs.
PPO: After hearing; effective until revoked; broad, long-term reliefs.
VAWC Leave: 10 days paid, extendible.
Violation of Order: Call police; possible warrantless arrest; separate offense.

17) Final Notes

Keep multiple copies of any order; one on you at all times.
Update your child’s school and your HR with copies and contact protocols.
Consider a safety plan (emergency contacts, exit routes, go-bag with IDs, meds, cash, chargers, copies of orders).
Laws, rules, and jurisprudence evolve. For complex custody/support/property questions, or if the respondent lives abroad, consult counsel or PAO.

You’ve got options and rights. If you’d like, tell me where you are in the process (e.g., barangay, court filing, or evidence gathering), and I can help you craft the exact language for your affidavit or petition next.