shall attest that the victim-survivor/petitioner is residing in the municipality or city over which court has territorial jurisdiction, and shall provide a mailing address for purposes of service processing. An application for protection order filed with a court shall be considered an application for both a TPO and a PPO. Barangay officials and court personnel shall assist applicants in the preparation of the application. Law enforcement agents shall also extend assistance in the application for protection orders in cases brought to their attention. Section 21. Where to Apply for Temporary and Permanent Protection Orders. – An application for a TPO or PPO may be filed in the Family Court or, if there is none, in the Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, Municipal Circuit Trial Court in the place of residence of the petitioner. The place of residence of the victim-survivor may include the place where she temporarily resides or where she sought refuge/ sanctuary to escape from and avoid continuing violence from the respondent. Section 22. Enforceability of Temporary and Permanent Protection Orders. – All TPOs and PPOs issued under the Act shall be enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging from Five Thousand Pesos (P5, 000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months. Section 23. Violation of Temporary and Permanent Protection Orders. – Violation of any provision of a TPO or a PPO issued under the Act 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. Section 24. Applicability of Temporary and Permanent Protection Orders to Criminal Cases. – The foregoing provisions on protection orders shall be applicable in criminal cases and/or shall be included in the civil actions deemed instituted with the criminal actions involving VAWC. Section 25. Legal Separation Cases. – In cases of legal separation where violence as specified in the Act is alleged, Article 58 of the Family Code shall not apply. The Court shall proceed on the main case and other incidents of the case as soon as possible. The hearing on any application for a protection order filed by the petitioner must be conducted within the mandatory period specified in the Act. Section 26. Bond to Keep the Peace. – The Court may order any person against whom a protection order is issued to give a bond to keep the peace, to present two (2) sufficient sureties who shall undertake that such person will not commit the violence sought to be prevented. Should the respondent fail to give the bond as required, he/ she shall be detained for a period which shall in no case exceed six (6) months, if he/she shall have been prosecuted for acts punishable under Section 5 (a) to 5(f) and not exceeding thirty (30) days, if for acts punishable under Section 5(g) to 5(i) of the Act.Section 27. Prohibited Acts – A Punong Barangay, Barangay Kagawad, or the court hearing an application for a protection order shall not order, direct, force or in any way unduly influence the applicant to compromise or abandon any of the reliefs sought in the application for protection order under the Act. Section 7 of the Family Courts Act of 1997 and Sections 410, 411, 412 and 413 of the Local Government Code of 1991 shall not apply in proceedings where relief is sought under the Act. Failure to comply with this Section shall render the official or judge administratively liable. Law enforcers and other government personnel shall not mediate or conciliate or influence the victim-survivor or applicant for a protection order to compromise or abandon the relief sought. Section 28. Notice of Sanction in Protection Orders. – The following statement must be printed in bold-faced type or in capital letters on the protection order issued by the Punong Barangay or court: “Violation of this order is punishable by law.” Section 29. Priority of Applications for Protection Orders. – Ex parte and adversarial hearings to determine the basis of applications for a protection order under the Act shall have priority over all other proceedings. Barangay officials and the courts shall schedule and conduct hearings on applications for a protection order under the Act above all other business and, if necessary, suspend other proceedings in order to hear applications for a protection order. Section 30. Mandatory Period for Acting on Applications for Protection Orders. – Failure to act on an application for a protection order within the reglementary period specified in the previous sections without justifiable cause shall render the official or judge administratively liable. Section 31. Protective Custody. – The DSWD, pursuant to Republic Act No. 7610, shall take protective custody of the abused child whether or not a protection order has been issued under the Act. Rule V Legal Remedies For VAWC Victim-Survivors Section 32. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts to be suffering from battered woman syndrome do not incur any criminal
Posted on: Wed, 08 Oct 2014 04:38:58 +0000
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