Other Provisional Remedies

- There are supreme court issuances that cover other types of provisional remedies to cover
special instances.

Availed of by parties. Often files are those by domestic violence

RA 9262 Sec 8

- Protection orders: issued for the purpose of preventing further acts of violence against a woman
or her child as specified in the law and granting other necessary relief.
- Restrain from manipulating the victim into desisting from the further prosecution of the case

Barangay protection order

(Issued by the regular courts/family court)

Temporary protection order

Permanent protection order

Protect the victim and preserve the way of life

Stay away from the victim, household member to prevent some kind of control over the victim. There
should be a distance

Keep her from being subjected to further acts of violence. Prevent retaliatory actions from the
defendant.

Protection orders are ancillary, dependent on the existence of the main case but available

It must be issued right away. Barangay protection order issued by the punong barangay. Issue the
protection order to the applicant on the date of filling after ex parte determination of the basis of
application. It may be issued ex parte and no need to give defendant due process because of the
exigency of the situation. Law already anticipates. Made through proper intervention even if no case
filed yet. Urgency of the matter.

BPO has a lifetime of 15 days (expire automatically) Gives time for the plaintiff to officially file a case
against the defendant. The punong barangay/bgy kagawad must personally serve a copy to the
respondent. Law is liberal in favor of the plaintiff. As long as you properly ask a protection order to the
court. If the plaintiff sees the need that the 15 day protection order from the barangay should be
extended, Temporary Protection Order.

Permanent Protection Order needs a hearing.

Plaintiff sees the need that the BPO must be extended, may be filed with RA 9272, but no need if for the
purpose of extension.
Temporary Protection Order (Preliminary/Provisional relief afforded to the applicant and needs no
hearing) can be issued ex parte. On the date of filling of application. Effective for 30 days only. Court
shall schedule a hearing on the issuance of a permanent protection order. Include on the TPO, the notice
of the date of hearing of the issuance of a PPO. Since effective for 30 days, the court must immediately
act and issue it right away as soon as they can within 24 hours.

If he will not follow, cited in contempt. Defense is prayer presenting his side that the prayer for
protection order is unmeritorious. 30 day TPO may be extended or modified as may be necessary to
address the needs of the applicant.

Permanent protection order,

Writ of Amparo (EJKs, Enforced disappearances)

Promulgated bc of the prevalence of suspicious acts by certain individuals which violates the life, liberty,
and security of other individuals. There is this institutionalized violent acts against certain individuals.
Level of impunity. Writ of Habeas Corpus was inadequate so Writ of Amparo is the remedy.

Affording aggrieved parties or their families, to file this petition in court. Immediate relief so as to
prevent violation of their rights. Any ascendant/descendant or not related. Any concerned
citizen/organization can file this petition.

Objective of this petition is to ask protection when lives are in danger. Immediate relief affording
individuals. Filed with RTC where the act is committed or Sandiganbayan, CA, SC. Enforceable anywhere
in the Ph.

Other Interim Reliefs:

Witness Protection Order

- Issued by the Court, Justice, or Judge upon motion or moto proprio

- Anyone who has knowledge over the circumstance may be afforded witness protection program

Inspection Order

- Verified motion and only after due hearing. Defendant is given his day in court.
- Upon hearing, order any person to permit a person’s designated land or property to be
inspected, surveyed, or photographed.
- Affording petitioner opportunity to support his claims.
- If motion is opposed on the ground of national security/privileged nature of information,
hearing should be conducted in chambers
- To be valid, specification is integral.

Production Order

- Any document/tangible/electronic things that may be constituted as evidence are ordered to be

produced in court for purposes for inspection, copying, or photographing.
Provisional Reliefs are also afforded to the respondent.

- Purpose of the inspection/production order is to support his defense.

Rule on Provisional Orders A.M. No. 02-11-12-SC