In the Philippines, Republic Act No. 9262, or the Anti-Violence Against Women and Their Children Act of 2004 (VAWC), provides immediate legal remedies for victims of abuse. One of the most accessible and critical tools is the Barangay Protection Order (BPO).
Because legal processes can feel daunting, this guide breaks down the essential requirements and procedures to help victims secure immediate protection within their own community.
What is a Barangay Protection Order?
A Barangay Protection Order (BPO) is an order issued by the Punong Barangay (Barangay Captain) ordering the perpetrator to desist from committing or threatening to commit physical harm against the victim.
- Purpose: To provide immediate, localized protection and prevent further violence.
- Validity: It is effective for fifteen (15) days.
- Scope: It is generally limited to ordering the perpetrator to stay away and cease harrassment; it cannot grant child custody or permanent financial support (those require court-issued orders).
Who Can Apply for a BPO?
Under the law, the following individuals may file a petition for a BPO:
- The offended party (the victim).
- Parents or guardians of the offended party.
- Ascendants, descendants, or collateral relatives within the fourth degree of consanguinity or affinity.
- Social workers from the DSWD or local government units.
- Police officers responsible for the jurisdiction.
- At least two (2) concerned responsible citizens of the city or municipality where the violence occurred.
Requirements for Application
The process is designed to be "pro-victim," meaning it is informal and requires no filing fees. The primary requirements are:
- Application Form: Usually provided by the Barangay VAWC Desk. It must be signed and under oath.
- Testimony/Affidavit: A brief statement describing the acts of violence or the threat of violence.
- Evidence (Optional but helpful): Medical certificates, photos of injuries, or screenshots of threatening messages. Note: A medical certificate is not a prerequisite to filing; the threat of violence is enough.
The Step-by-Step Procedure
The law mandates that the BPO process must be prioritized. Here is the standard flow:
1. Filing the Application
The victim or petitioner goes to the Barangay Hall where the victim resides. If the victim has moved to escape the perpetrator, they may file in their new place of residence.
2. Ex-Parte Issuance
Upon filing, the Punong Barangay (or the Kagawad on duty if the Captain is unavailable) must evaluate the application. If there is an imminent danger of violence, the BPO must be issued on the same day of the application.
Important: This is an ex-parte proceeding, meaning the perpetrator does not need to be present or heard before the BPO is issued.
3. Service of the Order
The BPO is served to the perpetrator by the Barangay Tanods or local police. Once served, the perpetrator is legally bound to follow the stay-away orders.
4. Referral (If Necessary)
While the BPO is active, the Barangay may assist the victim in filing for a Temporary Protection Order (TPO) or Permanent Protection Order (PPO) in court, as the BPO expires after 15 days and is not extendable at the barangay level.
Prohibited Acts for the Barangay
To ensure the safety and dignity of the victim, the law strictly prohibits certain actions during the BPO process:
- No Mediation/Conciliation: The Barangay is strictly forbidden from mediating or "settling" a VAWC case. Violence is not a private matter to be compromised; it is a public crime.
- No Filing Fees: The application is free of charge.
- No Delay: The 15-day period begins the moment the order is issued, regardless of when it is served.
What Happens if the BPO is Violated?
A violation of a BPO is a criminal offense. The perpetrator can be arrested and may face:
- Imprisonment: Usually a period of 30 days (Sursum Corda).
- Contempt of Court: If the case is elevated to a judge.
- Criminal Prosecution: For the underlying acts of violence under RA 9262.
Summary Table: BPO Quick Facts
| Feature | Details |
|---|---|
| Issuing Authority | Punong Barangay / Barangay Captain |
| Duration | 15 Days |
| Cost | Free |
| Mediation | Prohibited |
| Key Relief | Order to stop threats and stay away from the victim |
Would you like me to draft a sample application letter or a checklist of evidence for a VAWC desk officer?