Barangay Protection Order: How to Get One
Legal and notarial · legal
Quick answer
A Barangay Protection Order is issued by the Punong Barangay on the date of filing, without a hearing, and is effective for 15 days. A court Temporary Protection Order runs 30 days, and a Permanent Protection Order is issued after notice and hearing. No lawyer is required.
Every figure on this page is from LawPhil Project's own published documents.
Last verified 1 source, listed below
Republic Act No. 9262, Anti-Violence Against Women and Their Children Act of 20041. PHGuides is independent and not affiliated with any agency.
Republic Act No. 9262, the Anti-Violence Against Women and Their Children Act, approved 8 March 2004, creates three protection orders. The first of them does not involve a court, a lawyer or a filing fee, and it is issued the same day you ask for it.
If you are in immediate danger, the barangay is the fastest route in the law.
The three orders
| Order | Issued by | Effective for | Hearing first? |
|---|---|---|---|
| BPO, barangay protection order | The Punong Barangay, or an available Barangay Kagawad | 15 days | No, issued ex parte on the date of filing |
| TPO, temporary protection order | The court | 30 days | No, issued ex parte on the date of filing |
| PPO, permanent protection order | The court | Permanent | Yes, after notice and hearing |
A BPO orders the perpetrator to desist from committing the acts in Section 5(a) and (b), that is causing physical harm and threatening to cause it. A TPO or PPO can grant far more, because the court may grant any, some or all of the reliefs in the Act.
Immediately after issuing a BPO, the Punong Barangay or Kagawad must personally serve a copy on the respondent, or direct a barangay official to do it.
What a protection order can order
Section 8 lists the reliefs. Among them:
- Prohibition of the respondent from committing or threatening to commit, personally or through another, any act under Section 5.
- Prohibition from harassing, annoying, telephoning, contacting or otherwise communicating with the petitioner, directly or indirectly.
- Removal and exclusion of the respondent from the petitioner’s residence, regardless of who owns it, either temporarily or permanently.
That third one is the provision people most often assume cannot be true. It is in the statute, and ownership of the house does not defeat it.
Who may file
You do not have to file it yourself. Section 9 allows eight categories.
| Who |
|---|
| The offended party |
| Parents or guardians of the offended party |
| Ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity |
| Officers or social workers of the DSWD, or social workers of local government units |
| Police officers, preferably those in charge of women and children’s desks |
| The Punong Barangay or a Barangay Kagawad |
| A lawyer, counselor, therapist or healthcare provider of the petitioner |
| At least two concerned responsible citizens of the city or municipality where the violence occurred |
The last row matters: neighbours who witness violence can start the process even when the victim cannot.
What counts as violence
Section 3 covers acts against a wife, former wife, a woman the person has or had a sexual or dating relationship with, a woman he has a common child with, or her child, whether legitimate or illegitimate, and within or without the family abode. There is no requirement that the parties be married or living together.
| Type | What it covers |
|---|---|
| Physical | Bodily or physical harm |
| Sexual | Acts sexual in nature, including treating a woman or her child as a sex object, demeaning and sexually suggestive remarks, forcing her to watch obscene material, and prostituting the woman or child |
| Psychological | Acts or omissions causing or likely to cause mental or emotional suffering |
| Economic | Withholding financial support legally due, deliberately providing insufficient support, preventing her from working, or solely controlling conjugal money or property |
Penalties
Physical acts are punished under the Revised Penal Code according to the injury caused. On top of whatever imprisonment applies, Section 6 adds two things for every conviction.
| Addition | Amount or requirement |
|---|---|
| Fine | Not less than ₱100,000.00, not more than ₱300,000.00 |
| Treatment | Mandatory psychological counseling or psychiatric treatment, with compliance reported to the court |
If the acts are committed while the woman is pregnant, or in the presence of her child, the penalty applied is the maximum period of the prescribed penalty.
Violating an order carries its own penalty, and the two differ.
| Violated | Penalty | Where filed |
|---|---|---|
| BPO | 30 days imprisonment | The MTC, MeTC or MCTC with territorial jurisdiction over the barangay that issued it |
| TPO or PPO | Fine of ₱5,000.00 to ₱50,000.00 and/or 6 months imprisonment | Enforceable anywhere in the Philippines |
Deadlines
| Clock | Period |
|---|---|
| Acts under Sections 5(a) to 5(f) prescribe in | 20 years |
| Acts under Sections 5(g) to 5(i) prescribe in | 10 years |
| Paid leave for the victim | Up to 10 days, extendible per the protection order |
Every period in the Act, in one table
| Period | What it governs | Section |
|---|---|---|
| 15 days | Effectivity of a barangay protection order | 14 |
| 30 days | Effectivity of a court temporary protection order | 15 |
| 30 days | Imprisonment for violating a BPO | 21 |
| 6 months | Imprisonment for violating a TPO or PPO | 12 |
| 10 days | Paid leave of absence for the victim | 43 |
| 20 years | Prescription for acts under Sections 5(a) to 5(f) | 24 |
| 10 years | Prescription for acts under Sections 5(g) to 5(i) | 24 |
Both protection-order clocks start on the date of filing, because both the BPO and the TPO are issued that day without a hearing. The 15 days and 30 days are therefore protection you have immediately, not after a wait.
What happens at the PPO hearing
Section 16 removes the delaying tactics that would otherwise stall a permanent order. The respondent’s non-appearance despite proper notice, his lack of a lawyer, or the non-availability of his lawyer are none of them a ground for rescheduling or postponing the hearing.
If he appears without counsel, the court appoints a lawyer for him and proceeds immediately. If he fails to appear despite proper notice, the court allows ex parte presentation of evidence by the applicant and rules on that basis. The court may also admit any history of abusive conduct by the respondent even where it was not directed at the applicant.
Two defences, one of which does not work
Battered woman syndrome works. Section 26 provides that victim-survivors found by the courts to be suffering from it do not incur any criminal and civil liability, even where the elements of self-defence under the Revised Penal Code are absent. Courts are assisted by expert psychiatrists or psychologists.
Intoxication does not. Section 27 states plainly that being under the influence of alcohol, any illicit drug or any other mind-altering substance shall not be a defense under the Act.
Where the case is heard
Section 7 gives original and exclusive jurisdiction to the Regional Trial Court designated as a Family Court. Where there is no such court in the place the offence was committed, the case is filed in the Regional Trial Court where the crime or any of its elements was committed, at the complainant’s option.
Your rights as a victim
Section 35 lists them: to be treated with respect and dignity; to legal assistance from the Public Attorney’s Office of the DOJ or any public legal assistance office; to support services from the DSWD and LGUs; to all legal remedies under the Family Code; and to be informed of your rights and available services, including the right to apply for a protection order. Section 36 entitles a victim to actual, compensatory, moral and exemplary damages.
What this page does not cover
RA 9262 sets no filing fee for a BPO and this page states none. The Act does not publish the barangay’s application form, the DSWD’s intake procedure, shelter locations, or the operating hours of a women and children’s desk, so none of those appears here. This page is not legal advice and does not assess any particular situation.
One note on the source. The LawPhil transcription of Section 5(e)(4) contains a
stray token, mon4ey, where the statute reads “money”. The provision is quoted
here with the intended word.
Related
The small claims guide covers money claims and expressly excludes family cases, the annulment guide covers legal separation, whose first listed ground is repeated physical violence, and the solo parent ID guide covers the status a parent may hold afterwards. The warrant of arrest guide covers what happens on the criminal track, including arrest without a warrant.
Frequently asked questions
- How do I get a barangay protection order?
- Apply at the barangay. The Punong Barangay issues the BPO to the applicant on the date of filing, after an ex parte determination of the basis of the application, which means there is no hearing and the respondent is not heard first. If the Punong Barangay is unavailable, any available Barangay Kagawad acts on it and attests to that unavailability.
- How long does a BPO last?
- 15 days. A court Temporary Protection Order lasts 30 days, and the court must schedule the hearing for a Permanent Protection Order before or on the date the TPO expires.
- Do I need a lawyer?
- No. RA 9262 says the parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay. In court, if you request counsel because you lack the economic means to hire one, Section 13 directs the court to the Public Attorney's Office.
- Can someone else file for me?
- Yes. Section 9 lets eight categories file, including parents or guardians, relatives within the fourth civil degree, DSWD or LGU social workers, police officers, the Punong Barangay or a Kagawad, your lawyer, counselor, therapist or healthcare provider, and at least two concerned responsible citizens of the city or municipality where the violence happened.
- What happens if the respondent violates the order?
- Violating a BPO is punishable by 30 days imprisonment, and the complaint is filed directly with the municipal, metropolitan or municipal circuit trial court that has territorial jurisdiction over the barangay that issued it. Violating a TPO or PPO carries a fine of ₱5,000.00 to ₱50,000.00 and/or 6 months imprisonment.
- Is economic abuse covered?
- Yes. Section 5(e) covers depriving or threatening to deprive the woman or her children of financial support legally due, deliberately providing insufficient support, depriving her of a legal right, preventing her from engaging in a legitimate profession or business, and controlling her own money or property or solely controlling conjugal money or property.
- How long do I have to file a case?
- Section 24 gives 20 years for acts under Sections 5(a) to 5(f) and 10 years for acts under Sections 5(g) to 5(i). Separately, this is a public offense under Section 25, so any citizen with personal knowledge of the circumstances can file the complaint.
- Can I take time off work?
- Section 43 entitles a victim to a paid leave of absence of up to 10 days, on top of other paid leaves under the Labor Code and Civil Service rules, extendible when necessary as specified in the protection order. An employer who prejudices that right is penalised.