You are on page 1of 21

Today is Monday, April

Republic of the Philippi


A.M. No. 04-10-11-SC


Acting on the report of
of Court submitting for
the Proposed Rule o
Children, the Cour
The Rule shall take eff
publication in a newspa
Davide, Jr., C.J., Pun
Santiago, Sandoval-
Corona, Morales, Ca
Garcia, JJ., concur.
Azcuna, J., on leave.


SECTION 1. Applicab
for protection orders in
their children under R
"Anti-Violence Against
The Rules of Court sha
SEC. 2. Construction
to promote its objective
SEC. 3. Objectives. - T
(a) To protect the ri
particularly women an
their personal safety an
(b) To enable the courts
violence against wome
family or household;
(c) To prevent any disr
parties and assist them
(d) To ensure that treat
and offenders; and
(e) To hold the offende
SEC. 4. Definitions. -
(a) "Violence against w
act or a series of act
woman who is his wife,
person has or had a da
he has a common child
or illegitimate, within or
or is likely to result in
suffering, or economic
battery, assault, coerci
of liberty.
(b) "Children" refers to
older but are unable to f
neglect, cruelty, explo
physical or mental d
biological children of
under her care.
(c) "Members of the f
parents and children, th
and sisters, whether o
together or not.
(d) "Members of the ho
(1) Spouses, common-
living together or not, a
(2) Relatives by consa
degree, including stepp
in the same house; and
(3) Domestic helpers
services are usually ne
and enjoyment of the h
and convenience of the
(e) "Battery" refers to a
woman or her child re
emotional distress.
(f) "Sexual violence" re
committed against a
(1) rape, sexual harass
woman or her child as
sexually suggestive re
parts of the victim's bo
obscene publications a
or make films thereof,
live in the conjugal hom
with the abuser;
(2) acts causing or att
engage in any sexual a
or other harm or threa
(3) prostitution of the w
(g) "Psychological viole
or likely to cause ment
party such as intimida
property, public ridicule
and marital infidelity.
offended party to witne
abuse; of a member o
belongs, or to witness
abusive injury to pets o
the right to custody or v
(h) "Economic abuse"
make a woman finan
(1) withdrawing of finan
party from engaging in
business or activity, ex
partner objects on valid
in Article 73 of the Fam
(2) depriving or threate
the right to the use and
or property owned in co
(3) destroying househo
(4) controlling the offe
solely controlling the co
(i) "Stalking" refers to an
lawful justification, follo
the woman or her child
or through a combinatio
(j) "Sexual relationship"
or may not result in the
(k) "Program of interve
specialized program t
intervention, social ser
or training.
(I) "Program of interv
ordered treatment of o
who have demonstrat
control, management o
forms of intervention to
(m) "Safe Place or Sh
managed by the D
Development (DSWD
organization accredite
place the resident of w
party temporarily.
(n) "Safety plan" refers
social worker and appro
of the offended party.
(o) "Protection order" is
further acts of violence
family or household m
relief. Its purpose is t
further harm, minimize
facilitate the opportunit
(p) "Barangay protectio
order issued by the Pu
Barangay Kagawad, o
committing acts of vio
members particularly w
5a and 5b of R.A. No. 9
(q) "Temporary protect
order issued by the cou
ex parte determination
course of a hearing, mo
(r) "Permanent protecti
order issued by the cou
(s) "Live-link television
child, who is an eyewitn
women and their ch
courtroom and televise
as provided for in Sect
Child Witness. It may a
adult female victim of
discretion of the court.
SEC. 5. Acts of violen
under R.A. No. 9262
children is committed th
(a) Causing, threatenin
to the woman or her ch
(b) Placing the woman
(c) Attempting to comp
to engage in conduct w
to desist from or to des
child has the right to
restricting the woman's
conduct by force or th
threat of physical on oth
the woman or her child
This shall include, bu
committed with the pur
the movement or condu
(1) Threatening to dep
her child of custody or
(2) Depriving or threa
children of financial su
deliberately providing th
(3) Depriving or threate
of a legal right; and
(4) Preventing the wo
profession, occupation
where the spouse or
grounds, or controlling
solely controlling the co
(d) Inflicting or threaten
the purpose of controlli
(e) Causing or attempt
engage in any sexual a
force or threat of force
directed against the w
(f) Engaging in purpo
personally or through a
emotional or psycholog
This shall include, but i
(1) Stalking or followin
private places;
(2) Peering in the wind
the woman or her child
(3) Entering or remaini
the woman or her child
(4) Destroying the prop
harm to animals or pets
(5) Engaging in any for
(g) Causing mental o
humiliation to the wom
to, repeated verbal and
support or custody of a
woman's child.
SEC. 6. Remedies of
may file a separate pet
damages. The offende
in accordance with Par
(a) Criminal action;
(b) Criminal action with
(c) Civil action for dama
SEC. 7. Form of petiti
be in writing, signed a
accompanied by a cert
petitioner must sign pe
SEC. 8. Who may file
may be filed by any of
(a) The offended party;
(b) Parents or guardian
(c) Ascendants, desc
offended party within th
(d) Officers or social
Welfare and Developm
government units (LGU
(e) Police officers, pre
children's desks;
(f) Punong Barangay o
(g) Lawyer, counselor,
petitioner; or
(h) At least two conce
where the violence aga
and who have persona
The filing of a petition f
suspends the right of a
petitions. A petition file
a similar petition by an
but shall be consolidate
SEC. 9. Where to file
protection order may be
where the offended pa
Court, it may be filed w
trial court, municipal tri
municipal circuit trial c
place of residence of th
SEC. 10. Contents of
offended party shall co
(a) The name, age and
(b) The name, age and
(c) A description of the
and the respondent;
(d) A complete descr
violence including the d
(e) A request for couns
(f) A request for waiver
(g) The relief from vio
orders to cover any de
who consents to such r
If the petitioner is not
accompanied by an af
(a) facts showing the
(b) circumstances of th
(c) circumstances of co
the offended party to fil
When disclosure of the
the offended party, it sh
case, the petitioner s
residing in the munici
territorial jurisdiction, a
purposes of service pro
SEC. 11. Reliefs ava
protection order shall i
(a) Prohibiting the res
committing, personally
against the offended pa
(b) Prohibiting the re
telephoning, contacting
with the offended party
(c) Removing and exclu
of the offended party, re
either temporally for t
party, or permanently w
the respondent must
residence, the court s
accompany the respon
the respondent has gat
(d) Requiring the resp
party and any designa
distance specified by th
(e) Requiring the respo
school, place of employ
regularly by the offend
household member;
(f) Directing lawful poss
an automobile and othe
of ownership, and dire
officer to accompany th
parties to ensure that th
possession of the au
(g) Ordering tempor
child/children with the o
the best interests of the
from Battered Woman
having custody of her c
children be given to th
from Battered Woman
(h) Directing the respo
and/or her child, if entitl
laws to the contrary,
percentage of the inco
withheld regularly by h
directly to the offended
delay in the remittance
justifiable cause shall
liable for indirect conte
(i) Prohibiting the respo
firearm or deadly wea
same to the court
revocation of license an
to carry or possess a
enforcement agent, the
firearm and shall direct
him and take appropria
(j) Directing the DSWD
program of interventio
advocacy, temporary
therapy, counseling,
services that the offend
(k) Requiring the respo
from agencies or pers
and experience in an
substance abuse and
violence. The program
approved by the court
provide the court with r
of professional counse
ordered to pay; and
(I) Awarding the offend
violence inflicted, includ
medical expanses, chil
compensatory, moral,
Sections 26a and 35 of
The court may grant s
offended party and any
who consents to such r
SEC. 12. Duties of the
assist the petitioner or
(a) Communicating in a
(b) Providing the petitio
in English with translati
the instructions for its a
(c) Ensuring the priva
practicable while the fo
(d) Advising the petition
from the Public Attorne
any public legal assista
(e) Advising the petitio
from the DSWD and LG
(f) Advising the petitio
indigency in lieu of pay
(g) Providing the offen
protection order as we
regarding the process f
(h) Making available in
women and their childr
(i) Informing the offend
from the Department o
with the provisions of R
as "An Act Creating a B
Justice for Victims of
Victims of Violent Crim
SEC. 13. Exemption f
expenses. - If the offe
immediate necessity du
to act on a petition for a
the petition without pay
of transcripts of stenog
SEC. 14. Raffle in mu
multi-sala court shall be
If an action contains an
be the subject of a spe
SEC. 15. Ex parte iss
- (a) If the court is sati
petition that there is
imminent danger of vio
exists or is about to
temporary protection o
days from service on th
(b) The temporary pro
date of the preliminary
The following statemen
in capital letters on the
(c) The court shall like
notice requiring the res
days from service. It sh
to file opposition and of
hearing, (2) the protec
upon the respondent
authorized by the cour
enforcement officers.
SEC. 16. Notice whe
issued ex parte. - W
issued ex parte, the c
corresponding notice to
opposition within five
conference and hearing
Where the notice co
substituted service des
of Court shall apply as
SEC. 17. Enforceabili
order issued by the cou
Philippines. Violation of
by a fine ranging from F
Thousand (P50,000.00
or both.
SEC. 18. Duties of th
receipt of the protection
use all reasonable me
further violence, such a
(a) Taking any action n
offended party;
(b) Taking custody of t
women and their childr
(c) Transporting or ob
party to a safe place;
(d) Assisting the offend
including transportation
(e) Assisting the offend
effects from the residen
The law enforcement o
court within twenty-fo
compliance with such o
SEC. 19. Duties of
assigned by the cour
protection order by:
(a) Preparing a case stu
offended party, includi
DSWD havens, crisis i
rendering appropriate s
(b) Formulating a safe
court; and
(c) Monitoring the meas
SEC. 20. Opposition t
an opposition to the pet
be accompanied by the
cause why a temporar
not be issued.
(b) Respondent shal
counterclaim, cross-cl
cause of action which
litigated in a separate c
SEC. 21. Effect of f
respondent fails to file
period above provided,
the petitioner, shall iss
warranted by the facts
SEC. 22. Prohibited p
pleadings, motions or p
(a) Motion to dismiss th
of jurisdiction over the
(b) Motion for extensi
position paper and othe
(c) Dilatory motion for p
(d) Motion for a bill of p
(e) Third-party complai
(f) Reply;
(g) Motion to declare th
(h) Intervention;
(i) Memorandum;
(j) Petition for certiorar
interlocutory order issu
(k) Motion for new tria
order, or for reopening
(I) Petition for relief from
SEC. 23. Preliminary
(a) When conducted.
mandatory, shall be he
(b) Notice.—The notice
offended party, who sh
counsels, if any. The
preliminary conference
forth the law and the fa
(c) Nature and purpose
(1) The propriety of iss
not deny the issuance
time between the act o
subject to Section 24
barangay protection ord
a barangay protection o
applying for, or the cou
(2) The simplification o
(3) Such other matters
the petition.
The court shall not re
(d) Prohibited comp
compromise on any a
against women and the
such as the following:
(1) The civil status of p
(2) The validity of a mar
of a marriage or of a le
(3) Any ground for de
marriage or of legal sep
(4) Future support;
(5) The jurisdiction of c
(6) Future legitime.
(e) Effect of failure to a
(1) If the petitioner fails
be dismissed unless
representative of the p
justifiable reason for
however, if the petitio
offended party, it shall
present and does not a
(2) If the respondent a
not reschedule or post
lawyer for the respond
(3) If the respondent ha
despite proper notice; t
evidence ex parte. The
basis of the pleadings a
SEC. 24. Protectio
conference. - Within
preliminary conference
based on the pleadings
the parties.
SEC. 25. Order for
determines the need fo
containing the following
(a) Facts undisputed an
(b) Factual and legal is
(c) Evidence, including
marked and will be pre
(d) Names of witnesse
direct testimonies in the
(e) Schedule of the pr
which shall be done in
the 30-day period of th
order issued.
SEC. 26. Hearing. -
(a) Rule applicable. - Th
shall apply as far as pra
(b) Period to hear pe
possible, endeavor to
merits for the issuance
the court is unable to fi
temporary protection
extend or renew the te
thirty days each time un
may modify the exten
order as may be neces
(c) Evidence of history
allow the introduction
conduct of a responde
against the victim, prov
(d) Exclusion of person
the exclusion from the c
a direct interest in the c
court determines on the
open court:
(1) would not enhance
(2) would cause the p
effectively communicat
(3) would violate the rig
(4) would be offensive
SEC. 27. Prohibited a
protection order shall
unduly influence the
compromise or abando
for protection under the
this section shall rende
SEC. 28. Availability o
or victims. - (a) The te
an offended party in an
children, may be taken
an order for live-link tes
the court in granting or d
the procedure involved
be followed as provid
Examination of a Child
(b) The testimony of a
likewise be taken by li
would suffer trauma if s
offender or perpetrator.
SEC. 29. Period to d
petition within thirty day
(b) Where no hearing
decide the petition with
preliminary conference
SEC. 30. Judgment. -
it shall render judgmen
protection against acts
reliefs provided in Sec
deny the issuance of a
lapse of time between
petition, subject to Sec
shall be immediately ex
SEC. 31. Appeal. - An
notice of appeal with th
judgment within fifteen
thereof upon the adver
enforcement of the fina


SEC. 32. Applicability

filed as incidents in c
provisions shall also ap
filed as incidents in crim
SEC. 33. When petitio
deemed instituted w
party may file a petition
action arising from th
separately from the cr
preponderance of evid
court may consolidate
(b) Where the offended
the petition for protect
criminal action, unless
institute it separately.
SEC. 34. When petitio
deemed instituted wit
offended party may file
a civil action for damag
shall proceed separate
only a preponderanc
petitioner, the court ma
(b) Where the offende
damages, the petition f
with the civil action.
SEC. 35. Prosecution
action for damages sha
Procedure. However,
same damages twice fo
SEC. 36. Prosecution
covered by R.A. No. 9
subject the offender to
governed by the Revise
Where the judgment of
accused has been p
permanent protection o
Where the judgment o
evidence is not eno
reasonable doubt, the
issue a permanent prot
Where the judgment o
basis of the offende
permanent protection
protection order that m
SEC. 37. Bond to kee
any person, against w
issued, to give a bond
said person to prese
undertake that such pe
to be prevented, and t
they will pay the amoun
The court in its discreti
SEC. 38. Reproductio
issuance of a permane
a trial on the merits o
violence against wom
adduced during the he
protection order may,
criminal or civil acti
examination of witne
SEC. 39. Jurisdiction
actions. - The Family
jurisdiction over cases
children regardless of
action may also be filed
in places where there a
offended party.
SEC. 40. Privacy and
hearings of cases of vio
shall be conducted in
women and their childr
Records of the ca
confidentiality. Whoeve
any format, the name
business address, emp
the parties or an imm
without their consent o
liable for contempt of c
year imprisonment and
Thousand (P500,000.0

SEC. 41. Venue. - App
shall observe the follow
(a) where the parties re
shall be brought for set
(b) where the parties re
city or municipality, the
where the respondent
resides, at the choice o
(c) disputes arising at
parties are employed o
enrolled for study, shal
workplace or institution
(d) any objection relati
Punong Barangay durin
do so shall be deemed
SEC. 42. Where to file
protection order. - A
protection order may b
municipal trial court in
circuit trial court that ha
which issued the said p
SEC. 43. Procedure. -
by affidavits and other
(b) Upon receipt of the
requiring the accused
affidavit, the affidavits o
(c) If the court, upon
counter-affidavits of the
by the parties, finds no
trial, it shall order the d
set the case for arraign
(d) Violation of a baran
by imprisonment of thi
criminal or civil action t
the acts committed; an
(e) A judgment of viola
be appealed to the reg
final. An appeal from
protection order shall n
order that might have b
SEC. 44. Issuance o
contempt of court f
judgment, the trial cou
order when warranted.
under this Section shal
under Rule 71 of the R
other criminal or civil a
any of the acts commit
SEC. 45. Effectivity. -
day of November 2004
of general circulation n

The Lawphil Project - Arellano L