1) Overview: What “VAWC” Covers

Violence Against Women and Their Children (VAWC) refers to acts punishable under Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004). It covers any act or series of acts committed by a person against a woman who is his wife, former wife, or a woman with whom he has or had a sexual or dating relationship, or with whom he has a common child, or against her child, which results in or is likely to result in:

Physical violence (e.g., hitting, slapping, pushing, harming)
Sexual violence (e.g., rape, sexual abuse, coercion)
Psychological violence (e.g., threats, harassment, public humiliation, intimidation, controlling behavior, stalking, repeated verbal abuse)
Economic abuse (e.g., withholding financial support, controlling money, destroying property, preventing employment, deprivation of necessities)

Children under RA 9262 include the woman’s children—legitimate or illegitimate—and may include children under her care, depending on circumstances recognized by law and practice.

A key feature of RA 9262 is that it provides both criminal remedies (filing a case) and protective remedies (protection orders), including protection orders issued at the barangay level.

2) Why the Barangay Matters in VAWC

Filing at the barangay is commonly used for two urgent, practical reasons:

To request immediate protection through a Barangay Protection Order (BPO); and/or
To document the complaint and trigger referrals to the police, prosecutor, social worker, and health services.

However, the barangay is not the only venue and it is not always the correct first stop depending on the remedy sought. In VAWC, barangay action is primarily about protection and immediate intervention, not settlement.

3) The Core Rule on “Proper Venue”

A. Where a VAWC criminal complaint may be filed

For criminal prosecution under RA 9262, venue is generally proper in the place where any element of the offense occurred, including where the victim resides if the abusive act or its effects are felt there (particularly for psychological or economic abuse that may occur across places). Practically, a VAWC complaint can be initiated through:

Philippine National Police – Women and Children Protection Desk (WCPD)
Office of the City/Municipal Prosecutor
Barangay (for BPO and referrals; sometimes for assistance in executing affidavits and documentation)

B. Where a BPO may be requested

A Barangay Protection Order is requested in the barangay where the victim resides or is located (as a practical and safety-focused venue). The barangay’s role is immediate protective relief in the community.

C. Where TPO/PPO are filed (court-issued)

If stronger or longer protection is needed, the proper venue is the appropriate court (generally the Family Court/RTC designated as Family Court, or other court as provided by rules when no family court exists). Victims often file where they reside for safety and accessibility, subject to court rules and local practice.

4) Important: VAWC Is Not Subject to Mandatory Barangay Conciliation

Under the Katarungang Pambarangay system (barangay conciliation for certain disputes), some cases must pass through barangay settlement processes before going to court. VAWC cases are treated differently because they involve violence, coercion, and safety risks.

Practical legal consequence:

The barangay should not pressure the parties to “settle” a VAWC complaint through mediation/compromise.
The victim’s pursuit of criminal and protection remedies should not be blocked by demands for barangay conciliation.

In VAWC situations, “amicable settlement” can be unsafe and inconsistent with the protective purpose of the law, especially where there is fear, threats, power imbalance, or repeated abuse.

5) What You Can File at the Barangay

A. Barangay Protection Order (BPO)

A BPO is a short-term protection order intended to prevent further violence. It commonly includes directives such as:

Ordering the respondent to stop committing or threatening acts of violence
Prohibiting harassment, stalking, intimidation, or contacting the victim
Directing the respondent to stay away from the victim and certain places (home, workplace, school), within the order’s scope

Duration: A BPO is typically effective for a limited period (commonly 15 days), intended as immediate relief while the victim seeks further remedies (TPO/PPO) if needed.

Who issues it: The Punong Barangay (or, in practice, an authorized official acting in the PB’s stead under rules) issues it.

B. Incident reporting, referral, and documentation

Even if a BPO is not requested, the barangay can:

Record the complaint in barangay records/blotter
Assist in referrals to the PNP WCPD, DSWD, LGU social welfare office, or health facilities
Help coordinate immediate safety measures (safe transport, accompaniment, coordination with police)

6) Who May File at the Barangay

A VAWC complaint and BPO request is typically initiated by:

The victim-survivor herself; and in appropriate cases,
A parent or guardian on behalf of the child-victim; or
A representative/support person if the victim cannot personally file immediately due to danger, incapacity, or other urgent constraints—subject to barangay practice and later confirmation through sworn statements.

Because protective orders are urgent, barangays often accept reports even when documentation is incomplete, then formalize the record once the victim is safe.

7) Step-by-Step: Procedure for Filing at the Barangay

Step 1: Go to the proper barangay office (or the nearest safe barangay)

Go to the barangay where the victim is residing or currently located, especially for a BPO. If the victim is in immediate danger, approaching the nearest safe barangay first for urgent assistance is practical; formal venue issues can be addressed after safety is secured.

Step 2: Report to the Punong Barangay or Barangay VAW Desk (if present)

Many barangays have designated personnel handling women and child protection concerns. Make it clear that it is a VAWC complaint and specify whether you are requesting a BPO.

Step 3: Provide a narrative of incidents (chronology matters)

You will be asked for:

Relationship with the respondent (spouse/ex-spouse/dating/sexual relationship/common child)
Dates/timeline of abusive acts
Specific acts (physical injuries, threats, humiliation, stalking, deprivation of support, controlling behavior)
Presence of weapons, threats to kill, threats to take children, history of escalation
Any witnesses, messages, photos, medical findings, prior incidents

Step 4: Submit available proof (if any) — but lack of proof should not stop immediate action

Helpful items include:

Photos of injuries/damage
Medical certificate or hospital records (if available)
Screenshots of texts/chats, call logs, emails, social media threats
CCTV footage (if accessible)
Witness statements
Proof of financial withholding (remittance records, bank transfers, messages refusing support)

For a BPO, the emphasis is protection, so the barangay should act quickly even if supporting documents will follow.

Step 5: Issuance of the BPO (if requested and supported by the report)

The Punong Barangay evaluates the complaint and issues the BPO. The order should identify:

Parties (victim and respondent)
Prohibited acts (violence, harassment, contact)
Areas to avoid (home/work/school) as applicable
Duration/effectivity
Warning on consequences for violation

Step 6: Service of the BPO and coordination with police if needed

Barangay officials coordinate to serve the BPO to the respondent. If service is risky or the respondent is hostile, the barangay may coordinate with the PNP.

Step 7: Documentation and referral for next steps

Because BPOs are temporary, barangays should advise and refer the victim for:

Temporary Protection Order (TPO) and/or Permanent Protection Order (PPO) from the court
Filing of the criminal complaint with the prosecutor and/or police
Medico-legal examination and medical care
Psychosocial services through social welfare offices and NGOs

8) What the Barangay Should Not Do

A. Force mediation or “settlement”

VAWC is not a simple neighborhood dispute. Mediation can expose the victim to pressure, retaliation, or coercion.

B. Require the victim to face the respondent as a precondition to help

A victim may request assistance without confronting the respondent.

C. Delay urgent protection due to “lack of IDs” or paperwork

While identification and sworn statements are important, immediate safety takes priority. Documentation can be completed once the victim is secure.

D. Disclose the victim’s location or personal details unnecessarily

Confidentiality and safety planning are essential in VAWC situations.

9) Special Venue and Jurisdiction Scenarios

A. If the victim and respondent live in different barangays/cities

For a BPO, the victim can approach her current barangay (where she is staying or residing).
For criminal filing, venue generally lies where the abuse occurred or where elements/effects occurred; coordination between police and prosecutors may be required.

B. If the abuse is mostly online or via messages

Psychological violence and threats delivered electronically may still be actionable. Preserve evidence (screenshots with dates, backup copies). Venue issues can involve where the victim received the threats and suffered the effects.

C. If the respondent is a barangay official or influential community member

The victim may:

Seek assistance from another barangay where she is staying,
Go directly to the PNP WCPD or prosecutor, and/or
Seek help from social welfare offices or women’s desks at the city/municipal level.

Safety planning and documentation become especially important.

10) Interaction with the Police and Medical/Forensic Steps

Even when starting at the barangay, it is often critical to involve the police and medical services:

Immediate danger / fresh injury: go to a hospital/clinic; request medical documentation.
Physical assault: report to the PNP WCPD; request assistance for medico-legal documentation.
Threats and stalking: document messages, note dates/times/locations, and report patterns of behavior.

Barangay records can support later filings by establishing a timeline of reporting and protective action.

11) After the Barangay: Court Protection Orders (TPO and PPO)

A BPO is temporary. Victims commonly pursue:

Temporary Protection Order (TPO): short-term court order that may include broader relief
Permanent Protection Order (PPO): longer-term protection with continuing directives

Court-issued orders can include stronger measures, such as:

Stay-away orders with defined distances
Removal/exclusion of the respondent from the residence (subject to legal standards)
Custody-related protective terms
Support-related directives
Prohibitions on firearm possession where applicable
Other relief tailored to safety and stability

12) Common Practical Mistakes to Avoid (for Complainants and Officials)

For complainants

Not preserving evidence: back up messages, take photos, keep medical papers
Underreporting threats: threats often escalate; record them precisely
Delaying medical consultation: documentation is strongest when timely
Not planning for safety after service of the BPO: anticipate retaliation; arrange safe places and contacts

For barangay handling

Treating VAWC as a “misunderstanding” rather than a safety issue
Requiring “appearance” of both parties as a condition for action
Failing to refer promptly for TPO/PPO and criminal filing
Poor confidentiality (gossip, unnecessary disclosures)

13) What Happens if the Respondent Violates the BPO

Violation of a protection order can lead to:

Police intervention
Arrest or criminal liability, depending on circumstances and applicable rules
Stronger justification for court-issued protection orders and additional charges

Victims should record the violation (messages, sightings, witnesses) and report immediately to barangay and police.

14) Relationship Requirement: Who Can Be Charged Under RA 9262

RA 9262 applies when the respondent is:

The woman’s husband or former husband
A person with whom the woman has or had a dating or sexual relationship
A person with whom the woman has a common child

This relationship element is important at the barangay because it clarifies whether the complaint falls under VAWC and supports issuance of a BPO under the statute.

15) Practical Checklist for a Barangay Filing

Bring if available (not all are required for immediate assistance):

Government ID (or any proof of identity)
Proof of relationship (marriage certificate, child’s birth certificate, photos/messages showing relationship—if available)
Evidence of abuse (photos, screenshots, medical docs)
Names/contacts of witnesses (if any)
Written chronology (dates, what happened, where, what was said)

Safety items:

A trusted companion
Emergency contacts
Plan for where to stay after the report if retaliation is likely

16) Key Takeaways

The barangay is a critical first-access point for immediate protection and documentation, chiefly through the Barangay Protection Order (BPO).
Proper venue for BPO is generally the barangay where the victim resides or is currently located for safety.
VAWC cases should not be routed through barangay conciliation/settlement mechanisms in a way that blocks protective and criminal remedies.
A BPO is temporary; victims often need court protection orders (TPO/PPO) and may proceed with criminal complaints through police/prosecutor channels.
Barangay handling should prioritize safety, confidentiality, prompt issuance/serving of the BPO, and referral to appropriate agencies.