SECTION 17 SPECIAL LAWS AND RULES
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Revised Rules on Summary Procedure
I.
Applicability
Section 1. Scope. — This rule shall govern the summary
procedure in the Metropolitan Trial Courts, the Municipal
Trial Courts in Cities, the Municipal Trial Courts, and the
Municipal Circuit Trial Courts in the following cases falling
within their jurisdiction:
B. Criminal Cases:
(1) Violations of traffic laws, rules and regulations;chan
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(2) Violations of the rental law;chan robles virtual law library
(3) Violations of municipal or city ordinances;chan robles
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(4) All other criminal cases where the penalty prescribed
by law for the offense charged is imprisonment not
exceeding six months, or a fine not exceeding (P1,000.00),
or both, irrespective of other imposable penalties,
accessory or otherwise, or of the civil liability arising
therefrom: Provided, however, that in offenses involving
damage to property through criminal negligence, this Rule
shall govern where the imposable fine does not exceed ten
thousand pesos (P10,000.00).
This Rule shall not apply to a civil case where the plaintiffs
cause of action is pleaded in the same complaint with
another cause of action subject to the ordinary procedure;
nor to a criminal case where the offense charged is
necessarily related to another criminal case subject to the
ordinary procedure.chan robles virtual law library
Sec. 2. Determination of applicability. — Upon the filing of a
civil or criminal action, the court shall issue an order
declaring whether or not the case shall be governed by this
Rule. A patently erroneous determination to avoid the
application of the Rule on Summary Procedure is a ground
for disciplinary action.chan robles virtual l
Sec. 11. How commenced. — The filing of criminal cases
falling within the scope of this Rule shall be either by
complaint or by information: Provided, however, that in
Metropolitan Manila and in Chartered Cities. such cases
shall be commenced only by information, except when the
offense cannot be prosecuted de oficio.
law library
The complaint or information shall be accompanied by the
affidavits of the compliant and of his witnesses in such
number of copies as there are accused plus two (2) copies
for the court's files.If this requirement is not complied with
within five (5) days from date of filing, the care may be
dismissed.
Sec. 12. Duty of court. — chan robles virtual law library
(a) If commenced by compliant. — On the basis of the
compliant and the affidavits and other evidence
accompanying the same, the court may dismiss the case
outright for being patently without basis or merit and order
the release of the amused if in custody.
(b) If commenced by information. — When the case is
commenced by information, or is not dismissed pursuant to
the next preceding paragraph, the court shall issue an order
which, together with copies of the affidavits and other
evidence submitted by the prosecution, shall require the
accused to submit his counter-affidavit and the affidavits of
his witnesses as well as any evidence in his behalf, serving
copies thereof on the complainant or prosecutor not later
than ten (10) days from receipt of said order. The
prosecution may file reply affidavits within ten (10) days
after receipt of the counter-affidavits of the defense.
Sec. 13. Arraignment and trial. — Should the court, upon a
consideration of the complaint or information and the
affidavits submitted by both parties, find no cause or ground
to hold the accused for trial, it shall order the dismissal of the
case; otherwise, the court shall set the case for arraignment
and trial.
If the accused is in custody for the crime charged, he shall
be immediately arraigned and if he enters a plea of guilty,
he shall forthwith be sentenced.
Sec. 14. Preliminary conference. — Before conducting the
trial, the court shall call the parties to a preliminary
conference during which a stipulation of facts may be
entered into, or the propriety of allowing the accused to
enter a plea of guilty to a lesser offense may be considered,
or such other matters may be taken up to clarify the issues
and to ensure a speedy disposition of the case.However, no
admission by the accused shall be used against him unless
reduced to writing and signed by the accused and his
counsel.A refusal or failure to stipulate shall not prejudice
the accused.
Sec. 15. Procedure of trial. — At the trial, the affidavits
submitted by the parties shall constitute the direct
testimonies of the witnesses who executed the same.
Witnesses who testified may be subjected to cross-
examination, redirect or re-cross examination. Should the
affiant fail to testify, his affidavit shall not be considered as
competent evidence for the party presenting the affidavit,
but the adverse party may utilize the same for any
admissible purpose.
Except in rebuttal or surrebuttal, no witness shall be allowed
to testify unless his affidavit was previously submitted to the
court in accordance with Section 12 hereof.chan robles
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However, should a party desire to present additional
affidavits or counter-affidavits as part of his direct evidence,
he shall so manifest during the preliminary conference,
stating the purpose thereof. If allowed by the court, the
additional affidavits of the prosecution or the counter-
affidavits of the defense shall be submitted to the court and
served on the adverse party not later than three (3) days
after the termination of the preliminary conference. If the
additional affidavits are presented by the prosecution, the
accused may file his counter-affidavits and serve the same
on the prosecution within three (3) days from such service.
Sec. 16. Arrest of accused. — The court shall not order the
arrest of the accused except for failure to appear whenever
required. Release of the person arrested shall either be on
bail or on recognizance by a responsible citizen
acceptable to the court.
Sec. 17. Judgment. — Where a trial has been conducted,
the court shall promulgate the judgment not later than thirty
(30) days after the termination of trial.
IV.
COMMON PROVISIONS
Sec. 18. Referral to Lupon. — Cases requiring referral to the
Lupon for conciliation under the provisions of Presidential
Decree No. 1508 where there is no showing of compliance
with such requirement, shall be dismissed without prejudice
and may be revived only after such requirement shall have
been complied with. This provision shall not apply to
criminal cases where the accused was arrested without a
warrant.chan robles virtual law library
Sec. 19. Prohibited pleadings and motions. — The following
pleadings, motions or petitions shall not be allowed in the
cases covered by this Rule:chan robles virtual law library
(a) Motion to dismiss the complaint or to quash the
complaint or information except on the ground of lack of
jurisdiction over the subject matter, or failure to comply with
the preceding section;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a
judgment, or for opening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits
or any other paper;chan robles virtual law library
(f) Memoranda;
(g) Petition for certiorari, mandamus, or prohibition against
any interlocutory order issued by the court;
(h) Motion to declare the defendant in default;chan robles
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(i) Dilatory motions for postponement;
(j) Reply;
(k) Third party complaints;
(l) Interventions.
Sec. 20. Affidavits. — The affidavits required to be
submitted under this Rule shall state only facts of direct
personal knowledge of the affiants which are admissible in
evidence, and shall show their competence to testify to the
matters stated therein.
A violation of this requirement may subject the party or the
counsel who submits the same to disciplinary action, and
shall be cause to expunge the inadmissible affidavit or
portion thereof from the record.chan robles virtual law library
Sec. 21. Appeal. — The judgment or final order shall be
appealable to the appropriate regional trial court which
shall decide the same in accordance with Section 22
of Batas Pambansa Blg. 129. The decision of the regional
trial court in civil cases governed by this Rule, including
forcible entry and unlawful detainer, shall be immediately
executory, without prejudice to a further appeal that may
be taken therefrom. Section 10 of Rule 70 shall be deemed
repealed.
Sec. 22. Applicability of the regular rules. — The regular
procedure prescribed in the Rules of Court shall apply to the
special cases herein provided for in a suppletory capacity
insofar as they are not inconsistent herewith. chan robles
virtual law library
Sec. 23. Effectivity. — This revised Rule on Summary
Procedure shall be effective on November 15, 1991.chan
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Cases Where there can be Summary Procedure
 Violations of traffic rules and regulations
 Violations of rental law
 Violations of city or municipal ordinances
 All other criminal cases where:
o penalty is imprisonment not exceeding 6
months and/or
o Fine not exceeding P1000
 Irrespective of imposable accessory
penalties or civil liability
o Damage to property through criminal
negligence where imposable fine does not
exceed P10,000
How commenced
 By filing information or a complaint
o Except in Metro Manila or Chartered Cities
where it is only through information. But does
not apply if case cannot be prosecuted de
oficio
o Information or complaint must
accompanied by
 Affidavits of complainants or witnesses;
no. of copies equal to that of accused,
plus 2 copies for court files
 Non-compliance may lead the case to
dismissal
Preliminary Conference
 Stipulations of facts by the parties
 Accused may be allowed to plea for guilty for a elsser
offense
 No admission of accused in prelim conference may be
used against him unless reduced in writing signed by
the accused and his counsel.
Arrest
o Arrest is not ordered unless for failure to appear
whenever required.
o In case of arrest, bail or recognizance may be
availed of
Judgment
o Promulgated not later than 30 days from
termination of trial.ry
Referral to lupon
 If it is a case mentioned in PD 1508, if referral to Lupon is
not complied with, case shall be dismissed, but without
prejudice to revive the case upon compliance.
 Does not apply to warrantless arrests.
The Rule on Writ of Amparo
Section 1. Petition. - The petition for a writ of amparo is a
remedy available to any person whose right to life, liberty
and security is violated or threatened with violation by an
unlawful act or omission of a public official or employee, or
of a private individual or entity.
The writ shall cover extralegal killings and enforced
disappearances or threats thereof.
Sec. 2. Who May File. - The petition may be filed by the
aggrieved party or by any qualified person or entity in the
following order:
1. Any member of the immediate family, namely: the
spouse, children and parents of the aggrieved party;
2. Any ascendant, descendant or collateral relative of the
aggrieved party within the fourth civil degree of
consanguinity or affinity, in default of those mentioned in the
preceding paragraph; or
be
3. Any concerned citizen, organization, association or
institution, if there is no known member of the immediate
family or relative of the aggrieved party.
The filing of a petition by the aggrieved party suspends the
right of all other authorized parties to file similar petitions.
Likewise, the filing of the petition by an authorized party on
behalf of the aggrieved party suspends the right of all
others, observing the order established herein.
Sec. 3. Where to File. - The petition may be filed on any day
and at any time with the Regional Trial Court of the place
where the threat, act or omission was committed or any of
its elements occurred, or with the Sandiganbayan, the Court
of Appeals, the Supreme Court, or any justice of such courts.
The writ shall be enforceable anywhere in the Philippines.
When issued by a Regional Trial Court or any judge thereof,
the writ shall be returnable before such court or judge.
When issued by the Sandiganbayan or the Court of Appeals
or any of their justices, it may be returnable before such
court or any justice thereof, or to any Regional Trial Court of
the place where the threat, act or omission was committed
or any of its elements occurred.
When issued by the Supreme Court or any of its justices, it
may be returnable before such Court or any justice thereof,
or before the Sandiganbayan or the Court of Appeals or any
of their justices, or to any Regional Trial Court of the place
where the threat, act or omission was committed or any of
its elements occurred.
Sec. 4. No Docket Fees. - The petitioner shall be exempted
from the payment of the docket and other lawful fees when
filing the petition. The court, justice or judge shall docket the
petition and act upon it immediately.
Sec. 5. Contents of Petition. - The petition shall be signed
and verified and shall allege the following:
1. The personal circumstances of the petitioner;
2. The name and personal circumstances of the respondent
responsible for the threat, act or omission, or, if the name is
unknown or uncertain, the respondent may be described by
an assumed appellation;
3. The right to life, liberty and security of the aggrieved party
violated or threatened with violation by an unlawful act or
omission of the respondent, and how such threat or violation
is committed with the attendant circumstances detailed in
supporting affidavits;
4. The investigation conducted, if any, specifying the
names, personal circumstances, and addresses of the
investigating authority or individuals, as well as the manner
and conduct of the investigation, together with any report;
5. The actions and recourses taken by the petitioner to
determine the fate or whereabouts of the aggrieved party
and the identity of the person responsible for the threat, act
or omission; and
6. The relief prayed for.
The petition may include a general prayer for other just and
equitable reliefs.
Sec. 6. Issuance of the Writ. - Upon the filing of the petition,
the court, justice or judge shall immediately order the
issuance of the writ if on its face it ought to issue. The clerk of
court shall issue the writ under the seal of the court; or in
case of urgent necessity, the justice or the judge may issue
the writ under his or her own hand, and may deputize any
officer or person to serve it.
The writ shall also set the date and time for summary
hearing of the petition which shall not be later than seven
(7) days from the date of its issuance.
Sec. 7. Penalty for Refusing to Issue or Serve the Writ. - A
clerk of court who refuses to issue the writ after its
allowance, or a deputized person who refuses to serve the
same, shall be punished by the court, justice or judge for
contempt without prejudice to other disciplinary actions.
Sec. 8. How the Writ is Served. - The writ shall be served
upon the respondent by a judicial officer or by a person
deputized by the court, justice or judge who shall retain a
copy on which to make a return of service. In case the writ
cannot be served personally on the respondent, the rules on
substituted service shall apply.
Sec. 9. Return; Contents. - Within seventy-two (72) hours
after service of the writ, the respondent shall file a verified
written return together with supporting affidavits which shall,
among other things, contain the following:
1. The lawful defenses to show that the respondent did not
violate or threaten with violation the right to life, liberty and
security of the aggrieved party, through any act or omission;
2. The steps or actions taken by the respondent to
determine the fate or whereabouts of the aggrieved party
and the person or persons responsible for the threat, act or
omission;
3. All relevant information in the possession of the
respondent pertaining to the threat, act or omission against
the aggrieved party; and
4. If the respondent is a public official or employee, the
return shall further state the actions that have been or will
still be taken:
1. to verify the identity of the aggrieved party;
2. to recover and preserve evidence related to the death or
disappearance of the person identified in the petition which
may aid in the prosecution of the person or persons
responsible;
3. to identify witnesses and obtain statements from them
concerning the death or disappearance;
4. to determine the cause, manner, location and time of
death or disappearance as well as any pattern or practice
that may have brought about the death or disappearance;
5. to identify and apprehend the person or persons involved
in the death or disappearance; and
6. to bring the suspected offenders before a competent
court.
The return shall also state other matters relevant to the
investigation, its resolution and the prosecution of the case.
A general denial of the allegations in the petition shall not
be allowed.
Sec. 10. Defenses not Pleaded Deemed Waived. - All
defenses shall be raised in the return, otherwise, they shall
be deemed waived.
Sec. 11. Prohibited Pleadings and Motions. - The following
pleadings and motions are prohibited:
1. Motion to dismiss;
2. Motion for extension of time to file return, opposition,
affidavit, position paper and other pleadings;
3. Dilatory motion for postponement;
4. Motion for a bill of particulars;
5. Counterclaim or cross-claim;
6. Third-party complaint;
7. Reply;
8. Motion to declare respondent in default;
9. Intervention;
10. Memorandum;
11. Motion for reconsideration of interlocutory orders or
interim relief orders; and
12. Petition for certiorari, mandamus or prohibition against
any interlocutory order.
Sec. 12. Effect of Failure to File Return. - In case the
respondent fails to file a return, the court, justice or judge
shall proceed to hear the petition ex parte.
Sec. 13. Summary Hearing. - The hearing on the petition
shall be summary. However, the court, justice or judge may
call for a preliminary conference to simplify the issues and
determine the possibility of obtaining stipulations and
admissions from the parties.
The hearing shall be from day to day until completed and
given the same priority as petitions for habeas corpus.
Sec. 14. Interim Reliefs. - Upon filing of the petition or at
anytime before final judgment, the court, justice or judge
may grant any of the following reliefs:
(a) Temporary Protection Order. - The court, justice or judge,
upon motion or motu proprio, may order that the petitioner
or the aggrieved party and any member of the immediate
family be protected in a government agency or by an
accredited person or private institution capable of keeping
and securing their safety. If the petitioner is an organization,
association or institution referred to in Section 3(c) of this
Rule, the protection may be extended to the officers
involved.
The Supreme Court shall accredit the persons and private
institutions that shall extend temporary protection to the
petitioner or the aggrieved party and any member of the
immediate family, in accordance with guidelines which it
shall issue.
The accredited persons and private institutions shall comply
with the rules and conditions that may be imposed by the
court, justice or judge.
(b) Inspection Order. - The court, justice or judge, upon
verified motion and after due hearing, may order any
person in possession or control of a designated land or other
property, to permit entry for the purpose of inspecting,
measuring, surveying, or photographing the property or any
relevant object or operation thereon.
The motion shall state in detail the place or places to be
inspected. It shall be supported by affidavits or testimonies
of witnesses having personal knowledge of the enforced
disappearance or whereabouts of the aggrieved party.
If the motion is opposed on the ground of national security
or of the privileged nature of the information, the court,
justice or judge may conduct a hearing in chambers to
determine the merit of the opposition.
The movant must show that the inspection order is
necessary to establish the right of the aggrieved party
alleged to be threatened or violated.
The inspection order shall specify the person or persons
authorized to make the inspection and the date, time, place
and manner of making the inspection and may prescribe
other conditions to protect the constitutional rights of all
parties. The order shall expire five (5) days after the date of
its issuance, unless extended for justifiable reasons.
(c) Production Order. - The court, justice or judge, upon
verified motion and after due hearing, may order any
person in possession, custody or control of any designated
documents, papers, books, accounts, letters, photographs,
objects or tangible things, or objects in digitized or
electronic form, which constitute or contain evidence
relevant to the petition or the return, to produce and permit
their inspection, copying or photographing by or on behalf
of the movant.
The motion may be opposed on the ground of national
security or of the privileged nature of the information, in
which case the court, justice or judge may conduct a
hearing in chambers to determine the merit of the
opposition.
The court, justice or judge shall prescribe other conditions to
protect the constitutional rights of all the parties.
(d) Witness Protection Order. - The court, justice or judge,
upon motion or motu proprio, may refer the witnesses to the
Department of Justice for admission to the Witness
Protection, Security and Benefit Program, pursuant to
Republic Act No. 6981.
The court, justice or judge may also refer the witnesses to
other government agencies, or to accredited persons or
private institutions capable of keeping and securing their
safety.
Sec. 15. Availability of Interim Reliefs to Respondent. - Upon
verified motion of the respondent and after due hearing, the
court, justice or judge may issue an inspection order or
production order under paragraphs (b) and (c) of the
preceding section.
A motion for inspection order under this section shall be
supported by affidavits or testimonies of witnesses having
personal knowledge of the defenses of the respondent.
Sec. 16. Contempt. - The court, justice or judge may order
the respondent who refuses to make a return, or who makes
a false return, or any person who otherwise disobeys or
resists a lawful process or order of the court to be punished
for contempt. The contemnor may be imprisoned or
imposed a fine.
Sec. 17. Burden of Proof and Standard of Diligence Required.
- The parties shall establish their claims by substantial
evidence.
The respondent who is a private individual or entity must
prove that ordinary diligence as required by applicable
laws, rules and regulations was observed in the
performance of duty.
The respondent who is a public official or employee must
prove that extraordinary diligence as required by
applicable laws, rules and regulations was observed in the
performance of duty.
The respondent public official or employee cannot invoke
the presumption that official duty has been regularly
performed to evade responsibility or liability.
Sec. 18. Judgment. - The court shall render judgment within
ten (10) days from the time the petition is submitted for
decision. If the allegations in the petition are proven by
substantial evidence, the court shall grant the privilege of
the writ and such reliefs as may be proper and appropriate;
otherwise, the privilege shall be denied.
Sec. 19. Appeal. - Any party may appeal from the final
judgment or order to the Supreme Court under Rule 45. The
appeal may raise questions of fact or law or both.
The period of appeal shall be five (5) working days from the
date of notice of the adverse judgment.
The appeal shall be given the same priority as in habeas
corpus cases.
Sec. 20. Archiving and Revival of Cases. - The court shall not
dismiss the petition, but shall archive it, if upon its
determination it cannot proceed for a valid cause such as
the failure of petitioner or witnesses to appear due to threats
on their lives.
A periodic review of the archived cases shall be made by
the amparo court that shall, motu proprio or upon motion by
any party, order their revival when ready for further
proceedings. The petition shall be dismissed with prejudice
upon failure to prosecute the case after the lapse of two (2)
years from notice to the petitioner of the order archiving the
case.
The clerks of court shall submit to the Office of the Court
Administrator a consolidated list of archived cases under
this Rule not later than the first week of January of every
year.
Sec. 21. Institution of Separate Actions. - This Rule shall not
preclude the filing of separate criminal, civil or
administrative actions.
Sec. 22. Effect of Filing of a Criminal Action. - When a
criminal action has been commenced, no separate petition
for the writ shall be filed. The reliefs under the writ shall be
available by motion in the criminal case.
The procedure under this Rule shall govern the disposition of
the reliefs available under the writ of amparo.
Sec. 23. Consolidation. - When a criminal action is filed
subsequent to the filing of a petition for the writ, the latter
shall be consolidated with the criminal action.
When a criminal action and a separate civil action are filed
subsequent to a petition for a writ of amparo, the latter shall
be consolidated with the criminal action.
After consolidation, the procedure under this Rule shall
continue to apply to the disposition of the reliefs in the
petition.
Sec. 24. Substantive Rights. - This Rule shall not diminish,
increase or modify substantive rights recognized and
protected by the Constitution.
Sec. 25. Suppletory Application of the Rules of Court. - The
Rules of Court shall apply suppletorily insofar as it is not
inconsistent with this Rule.
Sec. 26. Applicability to Pending Cases. - This Rule shall
govern cases involving extralegal killings and enforced
disappearances or threats thereof pending in the trial and
appellate courts.
Sec. 27. Effectivity. - This Rule shall take effect on October
24, 2007, following its publication in three (3) newspapers of
general circulation
Writ of Amparo
 Protection against violation or threat to right to life
liberty or property
o By a private person or public official or
entity
 Also covers extralegal killings or enforced
disappearances or threats
Who may File
 Any member of immediate family
 In default of immediate family; ascendants,
descendants to 4th degree consanguinity or affinity
 If no relatives; any person, organization association
or institution
 *the filing of one suspends the rights of the other
hereinmentioned in filing the writ of amparo
Where and When to File
 RTC which have jurisdiction over the offense, CA,
Sandiganbayan, SC
 Filed at any time, including Saturdays, Sundays,
holidays, morning or evenings
Docket fees
 No docket fees shall be collected from the
petitioner
Contents of petition
 Personal circumstances of petitioner
 Name and personal circumstances of respondent, if
name unknown, through appellation
 Violation of right to life, liberty or property and
attending circumstances and affidavits
 Investigation report
 Actions taken by petitioner to know whereabout of
aggrieved party
 Relief prayed for
Issuance of Writ and Summary Hearing
 Issued immediately. Summary hearing held not later
than 7days from issuance of writ
Service
 Personal or Substituted
Contents of Return by respondent
 Lawful defense that he did not violate or threaten
to violate right to life liberty or property
 Steps taken to know whereabouts of aggrieved
party
 All relevant information in his possession in relation
to threat or act or omission against aggrieved party
 If respondent is a public official or employee, steps
taken to:
o Verify identity of aggrieved party
o To receover or preserve evidence in
relation to aggrieved party’s death or
disappearance
o Identity witnesses to support it
o To determine cause manner, location and
time of death or disappearance
o To bring suspected offenders to the court
 General denial of allegations is not allowed
o The policy is to require revelation of all
evidence relevant to the resolution of the
petition
Failure of respondent to file return
 Case shall proceed ex parte to avoid unnecessary
delays.
Prohibited Pleadings in Sec 11
 Provided in order to expedite proceedings and
avoid unnecessary delay
Interim Reliefs Provided by the Court
 Temporary Protection Order
o To protect the aggrieved party, petitioner
or member of their immediate family during
the pendency of the case
 Inspection Order
o Motion to order inspection or searches of
land or properties. May be availed of by
both petitioner or respondent
 Production Order
o Same in form as insection orders, but now
relates to objects like documents and
includes electronic or digitized pieces of
evidence.
 Witness Protection Order
Contempt
 Against Clerk of Court who fails to issue writ
 Respondent who refuses to make a return or makes
a false return
Judgment
 Promulgated within 10 days after petition had been
submitted for decision
Appeal
 Must be filed within 5 days from date of notice of
advers judgment
THE RULE ON THE WRIT OF HABEAS DATA
SECTION 1. Habeas Data. - The writ of habeas data is a
remedy available to any person whose right to privacy in
life, liberty or security is violated or threatened by an
unlawful act or omission of a public official or employee, or
of a private individual or entity engaged in the gathering,
collecting or storing of data or information regarding the
person, family, home and correspondence of the
aggrieved party.
SEC. 2. Who May File. - Any aggrieved party may file a
petition for the writ of habeas data. However, in cases of
extralegal killings and enforced disappearances, the
petition may be filed by:
(a) Any member of the immediate family of the aggrieved
party, namely: the spouse, children and parents; or
(b) Any ascendant, descendant or collateral relative of the
aggrieved party within the fourth civil degree of
consanguinity or affinity, in default of those mentioned in
the preceding paragraph; or
SEC. 3. Where to File. - The petition may be filed with the
Regional Trial Court where the petitioner or respondent
resides, or that which has jurisdiction over the place where
the data or information is gathered, collected or stored, at
the option of the petitioner.
The petition may also be filed with the Supreme Court or the
Court of Appeals or the Sandiganbayan when the action
concerns public data files of government offices.
SEC. 4. Where Returnable; Enforceable. - When the writ is
issued by a Regional Trial Court or any judge thereof, it shall
be returnable before such court or judge.
When issued by the Court of Appeals or the Sandiganbayan
or any of its justices, it may be returnable before such court
or any justice thereof, or to any Regional Trial Court of the
place where the petitioner or respondent resides, or that
which has jurisdiction over the place where the data or
information is gathered, collected or stored.
When issued by the Supreme Court or any of its justices, it
may be returnable before such Court or any justice thereof,
or before the Court of Appeals or the Sandiganbayan or
any of its justices, or to any Regional Trial Court of the place
where the petitioner or respondent resides, or that which
has jurisdiction over the place where the data or
information is gathered, collected or stored.
The writ of habeas data shall be enforceable anywhere in
the Philippines.
Sec. 5. Docket Fees. - No docket and other lawful fees shall
be required from an indigent petitioner. The petition of the
indigent shall be docked and acted upon immediately,
without prejudice to subsequent submission of proof of
indigency not later than fifteen (15) days from the filing of
the petition.
SEC. 6. Petition. - A verified written petition for a writ of
habeas data should contain:
(a) The personal circumstances of the petitioner and the
respondent;
(b) The manner the right to privacy is violated or threatened
and how it affects the right to life, liberty or security of the
aggrieved party;
(c) The actions and recourses taken by the petitioner to
secure the data or information;
(d) The location of the files, registers or databases, the
government office, and the person in charge, in possession
or in control of the data or information, if known;
(e) The reliefs prayed for, which may include the updating,
rectification, suppression or destruction of the database or
information or files kept by the respondent.
In case of threats, the relief may include a prayer for an
order enjoining the act complained of; and
(f) Such other relevant reliefs as are just and equitable.
SEC. 7. Issuance of the Writ. - Upon the filing of the petition,
the court, justice or judge shall immediately order the
issuance of the writ if on its face it ought to issue. The clerk of
court shall issue the writ under the seal of the court and
cause it to be served within three (3) days from the
issuance; or, in case of urgent necessity, the justice or judge
may issue the writ under his or her own hand, and may
deputize any officer or person serve it.
The writ shall also set the date and time for summary
hearing of the petition which shall not be later than ten (10)
work days from the date of its issuance.
SEC. 8. Penalty for Refusing to Issue or Serve the Writ. - A
clerk of court who refuses to issue the writ after its
allowance, or a deputized person who refuses to serve the
same, shall be punished by the court, justice or judge for
contempt without prejudice to other disciplinary actions.
SEC. 9. How the Writ is Served. - The writ shall be served upon
the respondent by a judicial officer or by a person
deputized by the court, justice or judge who shall retain a
copy on which to make a return of service. In case the writ
cannot be served personally on the respondent, the rules
on substituted service shall apply.
SEC. 10. Return; Contents. - The respondent shall file a
verified written return together with supporting affidavits
within five (5) working days from service of the writ, which
period may be reasonably extended by the Court for
justifiable reasons. The return shall, among other things,
contain the following:
(a) The lawful defenses such as national security, state
secrets, privileged communications, confidentiality of the
source of information of media and others;
(b) In case of respondent in charge, in possession or in
control of the data or information subject of the petition;
(i) disclosure of the data or information about the
petitioner, the nature of such data or
information, and the purpose for its collection
(ii) ) the steps or actions taken by the respondent to
ensure the security and confidentiality of the
data or information; and
(iii) ) the currency and accuracy of the data or
information held; and
(c) Other allegations relevant to the resolution of the
proceeding.
A general denial of the allegations in the petition shall not
be allowed.
SEC. 11. Contempt. - The court, justice or judge may punish
with imprisonment or fine a respondent who commits
contempt by making a false return, or refusing to make a
return; or any person who otherwise disobeys or resist a
lawful process or order of the court.
SEC. 12. When Defenses May be Heard in Chambers. - A
hearing in chambers may be conducted where the
respondent invokes the defense that the release of the
data or information in question shall compromise national
security or state secrets, or when the data or information
cannot be divulged to the public due to its nature or
privileged character.
Sec. 13. Prohibited Pleadings and Motions. - The following
pleadings and motions are prohibited:
(a) Motion to dismiss;
(b) Motion for extension of time to file return, opposition,
affidavit, position paper and other pleadings;
(c) Dilatory motion for postponement;
(d) Motion for a bill of particulars;
(e) Counterclaim or cross-claim;
(f) Third-party complaint;
(g) Reply;
(h) Motion to declare respondent in default;
(i) Intervention;
(j) Memorandum;
(k) Motion for reconsideration of interlocutory orders or
interim relief orders; and
(l) Petition for certiorari, mandamus or prohibition against
any interlocutory order.
SEC. 14. Return; Filing. - In case the respondent fails to file a
return, the court, justice or judge shall proceed to hear the
petition ex parte, granting the petitioner such relief as the
petition may warrant unless the court in its discretion
requires the petitioner to submit evidence.
SEC. 15. Summary Hearing. - The hearing on the petition
shall be summary. However, the court, justice or judge may
call for a preliminary conference to simplify the issues and
determine the possibility of obtaining stipulations and
admissions from the parties.
SEC. 16. Judgment. - The court shall render judgment within
ten (10) days from the time the petition is submitted for
decision. If the allegations in the petition are proven by
substantial evidence, the court shall enjoin the act
complained of, or order the deletion, destruction, or
rectification of the erroneous data or information and grant
other relevant reliefs as may be just and equitable;
otherwise, the privilege of the writ shall be denied.
Upon its finality, the judgment shall be enforced by the
sheriff or any lawful officers as may be designated by the
court, justice or judge within five (5) working days.
SEC. 17. Return of Service. - The officer who executed the
final judgment shall, within three (3) days from its
enforcement, make a verified return to the court. The return
shall contain a full statement of the proceedings under the
writ and a complete inventory of the database or
information, or documents and articles inspected, updated,
rectified, or deleted, with copies served on the petitioner
and the respondent.
The officer shall state in the return how the judgment was
enforced and complied with by the respondent, as well as
all objections of the parties regarding the manner and
regularity of the service of the writ.
SEC. 18. Hearing on Officer’s Return. - The court shall set the
return for hearing with due notice to the parties and act
accordingly.
SEC. 19. Appeal. - Any party may appeal from the final
judgment or order to the Supreme Court under Rule 45. The
appeal may raise questions of fact or law or both.
The period of appeal shall be five (5) working days from the
date of notice of the judgment or final order.
The appeal shall be given the same priority as in habeas
corpus and amparo cases.
SEC. 20. Institution of Separate Actions. - The filing of a
petition for the writ of habeas data shall not preclude the
filing of separate criminal, civil or administrative actions.
SEC. 21. Consolidation. - When a criminal action is filed
subsequent to the filing of a petition for the writ, the latter
shall be consolidated with the criminal action.
When a criminal action and a separate civil action are filed
subsequent to a petition for a writ of habeas data, the
petition shall be consolidated with the criminal action.
After consolidation, the procedure under this Rule shall
continue to govern the disposition of the reliefs in the
petition.
SEC. 22. Effect of Filing of a Criminal Action. - When a
criminal action has been commenced, no separate petition
for the writ shall be filed. The relief under the writ shall be
available to an aggrieved party by motion in the criminal
case.
The procedure under this Rule shall govern the disposition of
the reliefs available under the writ of habeas data.
SEC. 23. Substantive Rights. - This Rule shall not diminish,
increase or modify substantive rights.
SEC. 24. Suppletory Application of the Rules of Court. - The
Rules of Court shall apply suppletorily insofar as it is not
inconsistent with this Rule.
SEC. 25. Effectivity. - This Rule shall take effect on February 2,
2008, following its publication in three (3) newspapers of
general circulation.
When available
 When right to privacy in life liberty or security is
violated
 By an unlawful act or omission
 By an public official, employee or private individual
or entity
Who may file?
 General Rule: Aggrieved Party
 Exception: in extralegal killings and enforced
disappearances
o Member of immediate family: spouses,
parents, children
o In case of default: Ascendant, descendant
or collateral relative within the 4th civil
degree
Where to File
 General: Regional Trial Court
o Where petitioner or respondent resides
o Where data or information was gathered or
collected.
 Exception: Supreme Court, Court of Appeals or
Sandiganbayan
o When the action concerns public data files
of government offices
To whom returnable
 RTC- judge who issued it
 CA or Sandiganbayan-
o any justice in CA or Sandiganbayan
o RTC where petitioner or respondent resides;
or where the information or data was
gathered
 SC
o Any Justice in SC
o Same as to whom returnable in CA or
Sandiganbayan
Where enforceable
 Anywhere in the Philippines
Docket Fees
 None shall be required for an indigent petitioner
 Acted upon within 15 days from filing of petition
What the petition should contain
 (a) personal circumstances of the petitioner and
the respondent;
 (b) Manner of violation or threat and its effect to
right to, liberty or security of the aggrieved party;
 (c) The actions and recourses taken by the
petitioner to secure the data or information;
 (d) The location of the files, registers or databases,
the government office, and the person in charge, in
possession or in control of the data or information, if
known;
 (e) The reliefs prayed for. In case of threats, the
relief may include a prayer for an order enjoining
such act
 (f) Such other relevant reliefs as are just and
equitable.
Issuance of Writ
 Issued as soon as possible; served within 3 days from
issuance.
 Hearing not later than 10 days from issuance
Contempt
 Clerk of Court-refusal to serve writ
 Respondent-making a false return, or refusal to
make a return.
Service of Writ
 Personal service
 Substituted Service
CIRCULAR NO. 39-97
TO : ALL JUDGES
SUBJECT : GUIDELINES IN THE ISSUANCE OF HOLD-
DEPARTURE ORDERS.
In order to avoid the indiscriminate issuance of Hold-
Departure Orders resulting in inconvenience to the parties
affected, the same being tantamount to an infringement
on the right and liberty of an individual to travel and to
ensure that the Hold-Departure Orders which are issued
contain complete and accurate information, the following
guidelines are hereby promulgated:
1. Hold-Departure Orders shall be issued only in criminal
cases within the exclusive jurisdiction of the Regional Trial
Courts;
2. The Regional Trial Courts issuing the Hold-Departure Order
shall furnish the Department of Foreign Affairs [DFA] and the
Bureau of Immigration [BI] of the Department of Justice with
a copy each of the Hold-Departure Order issued within
twenty-four (24) hours from the time of issuance and
through the fastest available means of transmittal;
3. The Hold-Departure Order shall contain the following
information:
A. The complete name (including the middle name), the
date and place of birth and the place of last residence of
the person against whom a Hold-Departure Order has been
issued or whose departure from the country has been
enjoined;
B. The complete title and the docket number of the case in
which the Hold-Departure Order was issued;
C.The specific nature of the case; and
D. The date of the Hold-Departure Order.
4. Whenever [a] the accused has been acquitted; or [b] the
case has been dismissed, the judgment of acquittal or the
order of dismissal shall include therein the cancellation of
the Hold-Departure Order issued. The Court concerned shall
furnish the Department of Foreign Affairs and the Bureau of
Immigration with a copy each of the judgment of acquittal
promulgated or the order of dismissal issued within twenty-
four [24] hours from the time of promulgation/issuance and
likewise through the fastest available means of transmittal.
All Regional Trial Courts which have furnished the
Department of Foreign Affairs with their respective lists of
active Hold-Departure Orders included in the said lists and
inform the government agencies concerned of the status of
the Orders involved.
This Circular revokes Circular No. 38-94 dated 6 June 1994
and Circular No. 62-96 dated 9 September 1996, takes
effect immediately and shall remain in force until further
orders.
For strict compliance.
Guidelines in Issuing Hold Departure Orders
 Criminal Cases in the exclusive jurisdiction of RTC
 RTC would furnish DFA and Bureau of Immigration of
DOJ with a copy of the Hold Departure Order within
24 hours froms time of issuance
 The Hold Departure Order shall contain
A. The complete name (including the middle
name), the date and place of birth and the
place of last residence of the person against
whom a Hold-Departure Order has been issued
or whose departure from the country has been
enjoined;
B. The complete title and the docket number of
the case in which the Hold-Departure Order
was issued;
C.The specific nature of the case; and
D. The date of the Hold-Departure Order.
 If available, a recent photograph of the
person against whom a Hold-Departure
Order has been issued.
 If case is dismissed or acquitted, order of dismissal
will include cancellation of Hold Departure order, and
send copies to DFA and BI of DOJ within 24 hours.
A.M. No. 04-10-11-SC October 19, 2004
RE: RULE ON VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN
RESOLUTION
Acting on the report of the Committee on Revision of the
Rules of Court submitting for this Court's consideration and
approval the Proposed Rule on Violence Against Women
and Their Children, the Court Resolved to APPROVE the
same.
The Rule shall take effect on November 15, 2004 following its
publication in a newspaper of general circulation not later
than October 30, 2004.
Davide, Jr., C.J., Puno, Panganiban, Quisumbing, Ynares-
Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez,
Corona, Morales, Callejo, Sr., Tinga, Chico-Nazario, and
Garcia, JJ., concur.
Azcuna, J., on leave.
RULE ON VIOLENCE AGAINST WOMEN AND THEIR CHILDREN
SECTION 1. Applicability. - This Rule shall apply to petitions
for protection orders in cases of violence against women
and their children under R.A. No. 9262, otherwise known as
the "Anti-Violence Against Women and Their Children Act of
2004."
The Rules of Court shall apply suppletorily.
SEC. 2. Construction. - This Rule shall be liberally construed to
promote its objectives pursuant to the principles of
restorative justice.
SEC. 3. Objectives. - The objectives of this Rule are:
(a) To protect the rights of the family and its members
particularly women and children from violence and threats
to their personal safety and security;
(b) To enable the courts to manage and monitor cases
involving violence against women and children and the
members of their family or household;
(c) To prevent any disruption in the daily lives of the
offended parties and assist them to regain control of their
lives;
(d) To ensure that treatment is provided for the offended (2) acts causing or attempting to cause the offended party
parties and offenders; and to engage in any sexual activity by force, threat of force,
physical or other harm or threat of physical or other harm or
(e) To hold the offenders accountable for their acts. coercion; and

(3) prostitution of the woman or her child.

SEC. 4. Definitions. - As used in this Rule:

(g) "Psychological violence" refers to acts or omissions

(a) "Violence against women and their children" refers to
causing or likely to cause mental or emotional suffering of
any act or a series of acts committed by any person against
the offended party such as intimidation, harassment,
a woman who is his wife, former wife, or a woman with
stalking, damage to property, public ridicule or humiliation,
whom the person has or had a dating or sexual relationship,
repeated verbal abuse and marital infidelity. It includes
or with whom he has a common child, or against her child
causing or allowing the offended party to witness the
whether legitimate or illegitimate, within or without the
physical, sexual or psychological abuse; of a member of the
family abode, which result in or is likely to result in physical,
family to which the offended party belongs, or to witness
sexual, psychological harm or suffering, or economic abuse
pornography in any form or .to witness abusive injury to pets
including threats of such acts, battery, assault, coercion,
or to unlawful or unwanted deprivation of the right to
harassment or arbitrary deprivation of liberty.
custody or visitation of common children.

(b) "Children" refers to persons below eighteen years of age

(h) "Economic abuse" refers to acts that make or attempt to
or older but are unable to fully take care of themselves from
make a woman financially dependent which includes the
abuse, neglect, cruelty, exploitation or discrimination
following:
because of a physical or mental disability or condition. It
includes the biological children of the offended party and
other children under her care. (1) withdrawing of financial support or preventing the
offended party from engaging in any legitimate profession,
occupation, business or activity, except in cases where the
(c) "Members of the family" shall include husband and wife,
other spouse or partner objects on valid, serious and moral
parents and children, the ascendants or descendants,
grounds as defined in Article 73 of the Family Code;
brothers and sisters, whether of the full or half blood,
whether living together or not.
(2) depriving or threatening to deprive financial resources
and the right to the use and enjoyment of the conjugal,
(d) "Members of the household" shall include:
community or property owned in common;

(1) Spouses, common-law spouses, former spouses, whether

(3) destroying household property; and
living together or not, and their children;

(4) controlling the offended party's own money or property

(2) Relatives by consanguinity or affinity up to the sixth civil
or solely controlling the conjugal money or property.
degree, including stepparents and stepchildren living
together in the same house; and
(i) "Stalking" refers to an intentional act of knowingly and
without lawful justification, following the woman or her child
(3) Domestic helpers in the service of the employer, whose
or placing the woman or her child under surveillance
services are usually necessary or desirable for the
directly or indirectly or through a combination thereof.
maintenance and enjoyment of the home, who attend to
the personal comfort and convenience of the members of
the household. (j) "Sexual relationship" refers to a single sexual act which
may or may not result in the bearing of a common child;
(e) "Battery" refers to an act of inflicting physical harm upon
the woman or her child resulting in physical and (k) "Program of intervention for offended parties" refers to a
psychological or emotional distress. specialized program that provides advocacy, shelter, crisis
intervention, social services, treatment, counseling,
education, or training.
(f) "Sexual violence" refers to an act which is sexual in nature
committed against a woman or her child. It includes the
following: (I) "Program of intervention for offenders" refers to court-
ordered treatment of offenders given by agencies or
persons who have demonstrated expertise and experience
(1) rape, sexual harassment, acts of lasciviousness, treating
in anger control, management of alcohol, substance
a woman or her child as a sex object, making demeaning
abuse; and other forms of intervention to stop violence,
and sexually suggestive remarks, physically attacking the
sexual parts of the victim's body, forcing the offended party
to watch obscene publications and indecent shows or to (m) "Safe Place or Shelter" refers to any home or institution
do indecent acts or make films thereof, forcing the wife and managed by the Department of Social Welfare and
mistress or lover to live in the conjugal home or sleep Development (DSWD) or by any agency or voluntary
together in the same room with the abuser; organization accredited by the DSWD or any other suitable
place the resident of which is willing to receive the
offended party temporarily.
(n) "Safety plan" refers to a written plan of action prepared
by a social worker and approved by the court to secure the
protection of the offended party.
(o) "Protection order" is an order issued by the court to
prevent further acts of violence against women and their
children, their family or household members, and to grant
other necessary relief. Its purpose is to safeguard the
offended parties from further harm, minimize any disruption
in their daily life and facilitate the opportunity and ability to
regain control of their life.
(p) "Barangay protection order" (BPO) refers to the
protection order issued by the Punong Barangay, or in his
absence the Barangay Kagawad, ordering the perpetrator
to desist from committing acts of violence against the family
or household members particularly women and their
children under Sections 5a and 5b of R.A. No. 9262.
(q) "Temporary protection order" (TPO) refers to the
protection order issued by the court on the filing of the
application and after ex parte determination of its need. It
may also be issued in the course of a hearing, motu proprio
or upon motion.
(r) "Permanent protection order" (PPO) refers to the
protection order issued by the court after notice and
hearing.
(s) "Live-link television testimony" refers to the testimony of a
child, who is an eyewitness or offended party in violence
against women and their children, taken in a room outside
the courtroom and televised to the courtroom by live-link
television, as provided for in Section 25 of the Rule on
Examination of a Child Witness. It may also refer to the live-
link testimony of an adult female victim of violence, which
may be allowed at the discretion of the court.
SEC. 5. Acts of violence against women and their children
under R.A. No. 9262. - Violence against women and their
children is committed through any of the following acts:
(a) Causing, threatening or attempting to cause physical
harm to the woman or her child;
(b) Placing the woman or her child in fear of imminent
physical harm;
(c) Attempting to compel or compelling the woman or her
child to engage in conduct which the woman or her child
has the right to desist from or to desist from conduct which
the woman or her child has the right to engage in, or
attempting to restrict .or restricting the woman's or her
child's freedom of movement or conduct by force or threat
of force, physical or other harm or threat of physical on
other harm, or intimidation directed against the woman or
her child.
This shall include, but is not limited to, the following acts
committed with the purpose or effect of controlling or
restricting the movement or conduct of the woman or her
child:
(1) Threatening to deprive or actually depriving the woman
or her child of custody or access to her/his family;
(2) Depriving or threatening to deprive the woman or her
children of financial support legally due her or her family, or
deliberately providing the woman's children insufficient
financial support;
(3) Depriving or threatening to deprive the woman or her
child of a legal right; and
(4) Preventing the woman from engaging in any legitimate
profession, occupation, business or activity except in cases
where the spouse or partner on valid, serious and moral
grounds, or controlling the victim's own money or property,
or solely controlling the conjugal or common money or
property;
(d) Inflicting or threatening to inflict physical ham on oneself
for the purpose of controlling her actions or decisions;
(e) Causing or attempting to cause the woman or her child
to engage in any sexual activity which does not constitute
rape, by force or threat of force, physical harm, or through
intimidation directed against the woman or her child or
her/his immediate family;
(f) Engaging in purposeful, knowing, or reckless conduct,
personally or through another, that alarms or causes
substantial emotional or psychological distress to the
woman or her child.
This shall include, but is not limited to, the following acts:
(1) Stalking or following the woman or her child in public or
private places;
(2) Peering in the window or lingering outside the residence
of the woman or her child;
(3) Entering or remaining in the dwelling or on the property
of the woman or her child against her/his will;
(4) Destroying the property and personal belongings or
inflicting harm to animals or pets of the woman or child; and
(5) Engaging in any form of harassment or violence; or
(g) Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, including, but not
limited to, repeated verbal and emotional abuse, and
denial of financial support or custody of a minor child or
denial of access to the woman's child.
SEC. 6. Remedies of offended party. - The offended party
may file a separate petition for protection order without
claiming damages. The offended party may also pursue
other remedies in accordance with Part II of this Rule by the
filing of any of the following:
(a) Criminal action;
(b) Criminal action with reservation of a separate civil
action; or
(c) Civil action for damages.
Part I
PETITION FOR PROTECTION ORDER
SEC. 7. Form of petition. - A petition for protection order shall
be in writing, signed and verified by the petitioner. It shall be
accompanied by a certificate of non-forum shopping
which the petitioner must sign personally.
SEC. 8. Who may file petition. - A petition for protection
order may be filed by any of the following:
(a) The offended party;
(b) Parents or guardians of the offended party;
(c) Ascendants, descendants or collateral relatives of the
offended party within the fourth civil degree of
consanguinity or affinity;
(d) Officers or social workers of the Department of Social
Welfare and Development (DSWD) or social workers of local
government units (LGUs);
(e) Police officers, preferably those in charge of women
and children's desks;
(f) Punong Barangay or Barangay Kagawad;
(g) Lawyer, counselor, therapist or healthcare provider of
the petitioner; or
(h) At least two concerned, responsible citizens of the place
where the violence against women and their children
occurred and who have personal knowledge of the offense
committed.
The filing of a petition for protection order by the offended
party suspends the right of all other authorized parties to file
similar petitions. A petition filed by the offended party after
the filing of a similar petition by an authorized party shall not
be dismissed but shall be consolidated with the petition filed
earlier.
SEC. 9. Where to file the petition. - The verified petition for
protection order may be filed with the Family Court of the
place where the offended party resides. If there is no
existing Family Court, it may be filed with the regional trial
court, metropolitan trial court, municipal trial court in cities,
municipal trial court or municipal circuit trial court with
territorial jurisdiction over the place of residence of the
offended party.
SEC. 10. Contents of the petition. - The petition filed by the
offended party shall contain the following:
(a) The name, age and residence of the offended party;'
(b) The name, age and residence of the respondent;
(c) A description of the relationship between the offended
party and the respondent;
(d) A complete description of the alleged act constituting
violence including the date, time and place of occurrence;
(e) A request for counsel and the reasons for such;
(f) A request for waiver of application fees;
(g) The relief from violence prayed for, including protection
orders to cover any designated family or household
member who consents to such relief.
If the petitioner is not the offended party, the petition shall
be accompanied by an affidavit of the petitioner attesting
to the following:
(a) facts showing the authority of the petitioner to file the
petition;
(b) circumstances of the abuse suffered by the offended
party; and
(c) circumstances of consent given by or refusal to consent
of the offended party to file the petition.
When disclosure of the address will pose danger to the life
of the offended party, it shall be so stated in the petition. In
such a case, the petitioner shall attest that the offended
party is; residing in the municipality or city over which the
court has territorial jurisdiction, and shall provide a mailing
address for purposes of service processing.
SEC. 11. Reliefs available to the offended party. - The
protection order shall include any, some or all of the
following reliefs:
(a) Prohibiting the respondent from threatening to commit
or committing, personally or through another, acts of
violence against the offended party;
(b) Prohibiting the respondent from harassing, annoying,
telephoning, contacting or otherwise communicating in any
form with the offended party, either directly or indirectly;
(c) Removing and excluding the respondent from the
residence of the offended party, regardless of ownership of
the residence, either temporally for the purpose of
protecting the offended party, or permanently where no
property rights are violated. If the respondent must remove
personal effects from the residence, the court shall direct a
law enforcement agent to accompany the respondent to
the residence, remain there until the respondent has
gathered his things and escort him from the residence;
(d) Requiring the respondent to stay away from the
offended party and any designated family or household
member at a distance specified by the court;
(e) Requiring the respondent to stay away from the
residence, school, place of employment or any specified
place frequented regularly by the offended party and any
designated family or household member;
(f) Directing lawful possession and use by the offended
party of an automobile and other essential personal effects,
regardless of ownership, and directing the appropriate law
enforcement officer to accompany the offended party to
the residence of the parties to ensure that the offended
party is safely restored to the possession of the automobile
and other essential personal effects;
(g) Ordering temporary or permanent custody of the
child/children with the offended party, taking into
consideration the best interests of the child. An offended
party who is suffering from Battered Woman Syndrome shall
not be disqualified from having custody of her children. In
no case shall custody of minor children be given to the
batterer of a woman who is suffering from Battered Woman
Syndrome;
(h) Directing the respondent to provide support 'o the
woman and/or her child, if entitled to legal import.
Notwithstanding other laws to the contrary, the court shall
order an appropriate percentage of the income or salary of
the respondent to be withheld regularly by his employer
and to automatically remit it directly to the offended party.
Failure to withhold, remit or any delay in the remittance of
support to the offended party without justifiable cause shall
render the respondent or his employer liable for indirect
contempt of court;
(i) Prohibiting the respondent from carrying or possessing
any firearm or deadly weapon and ordering him to
surrender the same to the court for appropriate disposition,
including revocation of license and disqualification to apply
for any license to carry or possess a firearm. If the
respondent is .a law enforcement agent, the court shall
order him to surrender his firearm and shall direct the
appropriate authority to investigate him and take
appropriate action thereon;
(j) Directing the DSWD or any appropriate agency to
prepare a program of intervention for the offended party
that provides advocacy, temporary shelter, crisis
intervention, treatment, therapy, counseling, education,
training and other social services that the offended party
may need;
(k) Requiring the respondent to receive professional
counseling from agencies or persons who have
demonstrated expertise and experience in anger control,
management of alcohol, substance abuse and other forms
of intervention to stop violence. The program of intervention
for offenders must be approved by the court. The agency or
person is required to provide the court with regular reports
of the progress and result of professional counseling, for
which the respondent may be ordered to pay; and
(I) Awarding the offended party actual damages caused
by the violence inflicted, including, but not limited to,
property damage, medical expanses, childcare expenses
and loss of income; and compensatory, moral, and
exemplary damages, subject to Sections 26a and 35 of this
Rule.
The court may grant such other forms of relief to protect the
offended party and any designated family or household
member who consents to such relief.
SEC. 12. Duties of the clerk of court. - The clerk of court shall
assist the petitioner or the offended party by:
(a) Communicating in a language understood by the
petitioner;
(b) Providing the petitioner with a standard petition form
written in English with translation into the major local
dialects, including the instructions for its accomplishment;
(c) Ensuring the privacy of the offended party to the extent
practicable while the form is being accomplished;
(d) Advising the petitioner on the availability of legal
assistance from the Public Attorney's Office of the
Department of Justice or any public legal assistance office;
(e) Advising the petitioner on entitlement of support services
from the DSWD and LGUs;
(f) Advising the petitioner on the availability of an affidavit
of indigency in lieu of payment of the filing fee;
(g) Providing the offended party with a certified copy of the
protection order as well as giving the necessary information
regarding the process for its service and enforcement;
(h) Making available informative materials on violence
against women and their children, including their rights as
victims; and
(i) Informing the offended party that compensation is
available from the Department of Justice Board of Claims in
accordance with the provisions of R.A. No. 7309 (1992),
otherwise known as "An Act Creating a Board of Claims
Under the Department of Justice for Victims of Unjust
Imprisonment or Detention and Victims of Violent Crime and
For Other Purposes."
SEC. 13. Exemption from payment of docket fee and other
expenses. - If the offended party is an indigent or there is an
immediate necessity due to imminent danger or threat of
danger to act on a petition for a protection order, the court
shall accept the petition without payment of the filing fee
and other fees and of transcripts of stenographic notes.
SEC. 14. Raffle in multi-sala courts. - The petition filed in a
multi-sala court shall be raffled without delay.
If an action contains an application for a protection order, it
shall be the subject of a special raffle.
SEC. 15. Ex parte issuance of temporary protection order. -
(a) If the court is satisfied from the verified allegations of the
petition that there is reasonable ground to believe that an
imminent danger of violence against women and their
children exists or is about to recur, the court may issue ex
parte a temporary protection order which shall be effective
for thirty days from service on the party or person sought to
be enjoined.
(b) The temporary protection order shall include notice of
the date of the preliminary conference and hearing on the
merits. The following statements must be printed in bold-
faced type or in capital letters on the protection order
issued by the court:
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW.
"IF THE RESPONDENT APPEARS WITHOUT COUNSEL ON THE
DATE OF THE PRELIMINARY CONFERENCE AND HEARING ON
THE MERITS ON THE ISSUANCE OF .A PERMANENT
PROTECTION ORDER, THE COURT SHALL NOT RESCHEDULE OR
POSTPONE THE PRELIMINARY CONFERENCE AND HEARING
BUT SHALL APPOINT A LAWYER FOR THE RESPONDENT AND
IMMEDIATELY PROCEED WITH SAID HEARING.
"IF THE RESPONDENT FAILS TO APPEAR ON THE DATE OF THE
PRELIMINARY CONFERENCE AND HEARING ON THE MERITS
DESPITE PROPER NOTICE, THE COURT SHALL ALLOW EX PARTE
PRESENTATION OF EVIDENCE BY THE PETITIONER AND RENDER
JUDGMENT ON THE BASIS OF THE PLEADINGS AND EVIDENCE
ON RECORD. NO DELEGATION OF THE RECEPTION OF
EVIDENCE SHALL BE ALLOWED."
(c) The court shall likewise order the immediate issuance of
a notice requiring the respondent to file an opposition within
five days from service. It shall further order service of (1) the
notices to file opposition and of dates of the preliminary
conference and hearing, (2) the protection order, and (3)
copy of the petition, upon the respondent by the court
sheriff, or any person authorized by the court, who may
obtain the assistance of law enforcement officers.
SEC. 16. Notice where no temporary protection order is
issued ex parte. - Where no temporary protection order is
issued ex parte, the clerk of court shall forthwith issue the
corresponding notice to the respondent requiring him to file
an opposition within five days. The date of the preliminary
conference and hearing on the merits shall be indicated on
the notice.
Where the notice could not be served personally or by
substituted service despite diligent efforts, Rule 14 of the
Rules of Court shall apply as far as practicable.
SEC. 17. Enforceability of protection order. - The protection
order issued by the court shall be enforceable anywhere in
the Philippines. Violation of the protection order shall be
punishable by a fine ranging from Five Thousand (P5.000.00)
Pesos to Fifty Thousand (P50,000.00) Pesos or imprisonment
of six months or both.
SEC. 18. Duties of the law enforcement officer. - Upon the
receipt of the protection order, the law enforcement officer
shall use all reasonable means to enforce the order and
prevent further violence, such as by:
(a) Taking any action necessary to provide for the safety of
the offended party;
(b) Taking custody of the weapon used in the violence
against women and their children;
(c) Transporting or obtaining transportation for the offended
party to a safe place;
(d) Assisting the offended party in obtaining medical
treatment, including transportation to a medical clinic or
hospital; and
(e) Assisting the offended party in removing essential
personal effects from the residence.
The law enforcement officer shall submit a written report to
the court within twenty-four hours from receipt setting forth
compliance with such order.
SEC. 19. Duties of social worker. - The social worker assigned
by the court shall assist the petitioner seeking a protection
order by:
(a) Preparing a case study and a program of intervention
for the offended party, including her children, and referring
them to DSWD havens, crisis intervention centers and
private entities rendering appropriate social services;
(b) Formulating a safety plan which shall be approved by
the court; and
(c) Monitoring the measures indicated in the protection
order.
SEC. 20. Opposition to petition. - (a) The respondent may file
an opposition to the petition which he himself shall verify. It
must be accompanied by the affidavits of witnesses and
shall show cause why a temporary or permanent protection
order should not be issued.
(b) Respondent shall not include in the opposition any
counterclaim, cross-claim or third-party complaint, but any
cause of action which could be the subject thereof may be
litigated in a separate civil action.
SEC. 21. Effect of failure to file an opposition. - If the
respondent fails to file an opposition to the petition within
the period above provided, the court, motu proprio or on
motion of the petitioner, shall issue the corresponding order
as may be warranted by the facts alleged in the petition.
SEC. 22. Prohibited pleadings and motions. - The following
pleadings, motions or petitions shall not be allowed:
(a) Motion to dismiss the petition except on the ground of
lack of jurisdiction over the subject matter or over the
parties;
(b) Motion for extension of time to file opposition, affidavit,
position paper and other pleadings;
(c) Dilatory motion for postponement;
(d) Motion for a bill of particulars;
(e) Third-party complaint;
(f) Reply;
(g) Motion to declare the respondent in default;
(h) Intervention;
(i) Memorandum;
(j) Petition for certiorari, mandamus or prohibition against
any interlocutory order issued by the court;
(e) Effect of failure to appear.—
(k) Motion for new trial, or for reconsideration of a
protection order, or for reopening of trial; and
(I) Petition for relief from judgment.
SEC. 23. Preliminary conference. -
(a) When conducted. - A preliminary conference, which is
mandatory, shall be held on the date indicated in the
notice.
(b) Notice.—The notice shall be served the parties, including
the offended party, who shall be required to notify their
respective counsels, if any. The parties shall appear in
person at the preliminary conference and submit their
position papers setting forth the law and the facts relied
upon by them.
(c) Nature and purpose.—The court shall consider:
(1) The propriety of issuing a protection order. The
court shall not deny the issuance of a protection
order due to the lapse of time between the act of
violence and the filing of the petition, subject to
Section 24, R.A. No. 9262. The issuance of a
barangay protection order or the pendency of an
application for a barangay protection order shall
not preclude a petitioner from applying for, or the
court from granting, a protection order;
(2) The simplification of the issues; and
(3) Such other matters as may aid in the prompt
disposition of the petition.
The court shall not refer the case or any issue
thereof to a mediator,
(d) Prohibited compromise.—The court shall not
allow compromise on any act constituting the
crime of violence against women and their children
and other prohibited matters, such as the following:
(1) The civil status of persons;
(2) The validity of a marriage, declaration of nullity or
annulment of a marriage or of a legal separation;
(3) Any ground for declaration of nullity or annulment of a
marriage or of legal separation;
(4) Future support;
(5) The jurisdiction of courts; and
(6) Future legitime.
(1) If the petitioner fails to appear personally, the petition
shall be dismissed unless the counsel or a duly authorized
representative of the petitioner appears in court and gives
a justifiable reason for the non-appearance of the
petitioner; however, if the petition is filed by a person other
than the offended party, it shall not be dismissed if the
offended party is present and does not agree to its
dismissal.
(2) If the respondent appears without counsel, the court
shall not reschedule or postpone the conference but shall
appoint a lawyer for the respondent and immediately
proceed therewith; and
(3) If the respondent has filed his opposition but fails to
appear despite proper notice; the petitioner shall be
allowed to present evidence ex parte. The court shall then
render judgment on the basis of the pleadings and
evidence on record.
SEC. 24. Protection order issued after preliminary
conference. - Within five days after the termination of the
preliminary conference, the court may issue a protection
order, based on the pleadings and stipulations or admissions
made by the parties.
SEC. 25. Order for further hearing. - In case the court
determines the need for further hearing, it may issue an
order containing the following:
(a) Facts undisputed and admitted;
(b) Factual and legal issues to be resolved;
(c) Evidence, including objects and documents that have
been marked and will be presented;
(d) Names of witnesses who will be ordered to present their
direct testimonies in the form of affidavits; and
(e) Schedule of the presentation of evidence by both
parties which shall be done in one day, to the extent
possible, within the 30-day period of the effectivity of the
temporary protection order issued.
SEC. 26. Hearing. -
(a) Rule applicable. - The Revised Rule on Summary
Procedure shall apply as far as practicable.
(b) Period to hear petition.—The court shall, to the extent
possible, endeavor to conduct in one day the hearing en
the merits for the issuance of a permanent protection order.
Where the court is unable to finish the hearing within one
day and the temporary protection order issued is due to
expire, it may extend or renew the temporary protection
order for a period of thirty days each time until final
judgment is rendered. The court may modify the extended
or renewed temporary protection order as may be
necessary to meet the needs of the parties.
(c) Evidence of history of abusive conduct.—The court may
allow the introduction of any evidence of history of abusive
conduct of a respondent even if the same was not directed
against the victim, provided the same is relevant.
(d) Exclusion of persons from courtroom.—The court may
order the exclusion from the courtroom of all persons who
do not have a direct interest in the case. Such an order
may be made if the court determines on the record that
requiring a party to testify in open court:
(1) would not enhance the ascertainment of truth;
(2) would cause the party psychological harm or inability to
effectively communicate due to embarrassment, fear or
timidity;
(3) would violate the right of a party to privacy; or
(4) would be offensive to decency or public morals.
SEC. 27. Prohibited acts. - The court hearing a petition for a
protection order shall not order, direct, force or in any way
unduly influence the applicant for a protection order to
compromise or abandon any of the reliefs sought in the
petition for protection under the law and this Rule. Failure to
comply with this section shall render the judge
administratively liable.
SEC. 28. Availability of live-link television to eyewitnesses or
victims. - (a) The testimony of a child, as an eyewitness or an
offended party in an act of violence against women and
their children, may be taken by live-link television. The
application for an order for live-link testimony, the factors to
be considered by the court in granting or denying the use
of live-link television and the procedure involved in the
actual taking of the testimony shall be followed as provided
for in Section 25 of the Rule on Examination of a Child
Witness.
(b) The testimony of an adult female, victim of violence,
may likewise be taken by live-link television, if it appears that
she would suffer trauma if she were to testify in the presence
of the; offender or perpetrator.
SEC. 29. Period to decide. - (a] The court shall decide the
petition within thirty days after termination of the hearing on
the merits.
(b) Where no hearing has been conducted, the court shall
decide the petition within ten days after the termination of
the preliminary conference.
SEC. 30. Judgment. - If the court finds the petition
meritorious, it shall render judgment granting the offended
party permanent protection against acts of violence and
such other necessary reliefs provided in Section 11 of this
Rule. The court shall not deny the issuance of a permanent
protection order due to the lapse of time between the act
of violence and the filing of the petition, subject to Section
24, R.A. No. 9262. The judgment shall be immediately
executory.
SEC. 31. Appeal. - Any aggrieved party may appeal by filing
a notice of appeal with the court that rendered the final
order or judgment within fifteen days from notice and
serving a copy thereof upon the adverse party. The appeal
shall not stay the enforcement of the final order or
judgment.
Part II
APPLICATION FOR PROTECTION ORDER AS AN INCIDENT
IN A CRIMINAL OR CIVIL ACTION AND OTHER REMEDIES
SEC. 32. Applicability to applications for protection orders
filed as incidents in civil or criminal cases. - The foregoing
provisions shall also apply to applications for protection
orders filed as incidents in criminal or civil actions.
SEC. 33. When petition may proceed separately from or be
deemed instituted with criminal action. - (a) An offended
party may file a petition for protection order ahead of a
criminal action arising from the same act. The same shall
proceed separately from the criminal action and shall
require only a preponderance of evidence. Upon motion of
the petitioner, the court may consolidate the petition with
the criminal action.
(b) Where the offended party chooses to file a criminal
action, the petition for protection order is deemed instituted
with the criminal action, unless the offended party reserves
the right to institute it separately.
SEC. 34. When petition may proceed separately from or be
deemed instituted with the civil action for damages. - (a) An
offended party may file a petition for protection order
ahead of a civil action for damages arising from the same
act. The same shall proceed separately from the civil action
and shall require only a preponderance of evidence. Upon
motion of the petitioner, the court may consolidate the
petition with the civil action.
(b) Where the offended party chooses to file a civil action
for damages, the petition for protection order is deemed
instituted with the civil action.
SEC. 35. Prosecution of civil action for damages. - The civil
action for damages shall be governed by the 1997 Rules of
Civil Procedure. However, the offended party cannot
recover the same damages twice for the same act or
omission.
SEC. 36. Prosecution of criminal action. - An act of violence
covered by R.A. No. 9262 constituting a criminal offense
shall subject the offender to criminal proceedings, which
shall be governed by the Revised Rules of Criminal
Procedure.
Where the judgment of conviction declares that the guilt of
the accused has been proved beyond reasonable doubt,
the permanent protection order shall issue as a matter of
course.
Where the judgment of acquittal declares that the
quantum of evidence is not enough to sustain a conviction
beyond reasonable doubt, the court shall determine
whether or not to issue a permanent protection order.
Where the judgment of acquittal expressly declares that the
basis of the offender's criminal liability did not exist, a
permanent protection order shall not issue. A temporary
protection order that may have been earlier issued shall be
dissolved.
SEC. 37. Bond to keep the peace. - The court may also order
any person, against whom a permanent protection order is
issued, to give a bond to keep the peace. It shall be the
duty of said person to present two sufficient sureties who
shall undertake that such person will not commit the
violence sought to be prevented, and that in case such
violence is committed they will pay the amount determined
by the court in its judgment. The court in its discretion shall fix
the duration of the bond.
Part III
COMMON PROVISIONS
SEC. 38. Reproduction of evidence. - An order granting the
issuance of a permanent protection order is without
prejudice to a trial on the merits of the criminal or civil
action involving violence against women and their children.
The evidence adduced during the hearing for the issuance
of a permanent protection order may, upon motion, be
reproduced in the criminal or civil action without prejudice
to the cross-examination of witnesses and presentation of
additional evidence.
SEC. 39. Jurisdiction and venue for criminal actions or civil
actions. - The Family Court shall have original and exclusive
jurisdiction over cases of violence against women and their
children regardless of the amount of damages claimed. The
action may also be filed with the appropriate regional trial
courts in places where there are no Family Courts, at the
option of the offended party.
SEC. 40. Privacy and confidentiality of proceedings. - All
hearings of cases of violence against women and their
children shall be conducted in a manner consistent with the
dignity of women and their children and respect for their
privacy.
Records of the cases shall be treated with utmost
confidentiality. Whoever publishes or causes to be
published, in any format, the name, address, telephone
number, school, business address, employer or other
identifying information of the parties or an immediate family
or household member, without their consent or without
authority of the court, shall be liable for contempt of court
and shall suffer the penalty of one year imprisonment and a
fine of not more than Five Hundred Thousand (P500,000.00)
Pesos.
Part IV
BARANGAY PROTECTION ORDER
SEC. 41. Venue. - Applications for barangay protection
orders shall observe the following rules on venue:
(a) where the parties reside, in the same barangay, the
dispute shall be brought for settlement in said barangay;
(b) where the parties reside in different barangays in the
same city or municipality, the dispute shall be settled in the
barangay where the respondent or any one of the
respondents actually resides, at the choice of the
complainant;
(c) disputes arising at the workplace where the contending
parties are employed or at the institution where such parties
are enrolled for study, shall be brought in the barangay
where such workplace or institution is located; and
(d) any objection relating to venue shall be raised before
the Punong Barangay during the proceedings before him.
Failure to do so shall be deemed a waiver of such
objections.
SEC. 42. Where to file complaint for violation of a barangay
protection order. - A complaint for violation of a barangay
protection order may be filed with any metropolitan trial
court, municipal trial court in cities, municipal trial court or assault, coercion, harassment or arbitrary
municipal circuit trial court that has territorial jurisdiction deprivation of liberty.
over the barangay which issued the said protection order.
Remedies
SEC. 43. Procedure. - (a) The complaint shall be
accompanied by affidavits and other evidence proving the  may file a separate petition for protection
alleged violation; without claiming damages
 Criminal action;
(b) Upon receipt of the complaint, the court shall issue an  Criminal action with reservation of a separate
order requiring the accused to submit within five days his civil action; or
counter-affidavit, the affidavits of his witnesses and other
 Civil action for damages.
evidence in his behalf;
Docket Fees
(c) If the court, upon a consideration of the complaint, the
counter-affidavits of the accused and other evidence  If indigent or need of immediate protection;
submitted by the parties, finds no cause or ground to hold
exempted from docket fees
the accused for trial, it shall order the dismissal of the case;
otherwise, it shall set the case for arraignment and trial;
Temporary Protection Order

(d) Violation of a barangay protection order shall be
punishable by imprisonment of thirty days without prejudice
to any other criminal or civil action that the offended party
may file for any of the acts committed; and
(e) A judgment of violation of a barangay protection order
may be appealed to the regional trial court whose decision
shall be final. An appeal from a judgment of violation of a
barangay protection order shall not stay the enforcement
of a protection order that might have been issued by the
trial court during the trial.
SEC. 44. Issuance of protection order when warranted;
contempt of court for violation. - During trial or upon
judgment, the trial court may motu proprio issue a
protection order when warranted. Violation of any
protection order issued under this Section 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.
SEC. 45. Effectivity. - This Rule shall take effect on the 15th
day of November 2004 following its publication in a
newspaper of general circulation not later than 30 October
2004.
 If court is satisfied, it will issue a TPO ex parte
 If not, Clerk of court will require respondent to file
an opposition within 5 days.
 Penalty for violating the TPO
o 6months imprisonment and/or
o Fine ranging from P5,000-50,000
Petition for Protection order
 filed in the family courts where the person resides
and may proceed ahead and separately from the
criminal action
 Provides protection in the list in sec. 11
 After trial on merits, court shall decide whether to
grant petition.
 If in the criminal case, accused is acquitted or case
is dismissed, because not proven beyond
reasonable doubt, court shall determine whether
protection order shall be granted
 If in the criminal case, accused is found guilty,
protection order becomes permanent.
Availability of live-link television to witnesses or victims

 Granted to victims and witnesses who are children

"Violence against women and their children" of who may suffer trauma if made to testify in court.

 refers to any act or a series of acts committed

by any person against a woman who is his wife,
former wife, or a woman with whom the person
has or had a dating or sexual relationship, or
with whom he has a common child, or against
her child whether legitimate or illegitimate,
within or without the family abode, which result
in or is likely to result in physical, sexual,
psychological harm or suffering, or economic
abuse including threats of such acts, battery,