ROSA L.

SUSANO - NOVALICHES ELEMENTARY SCHOOL

Revisiting Child Abuse Law

8353, 9262, 9231, 7877, 7610, 920

Zenaida L. Pamittan
Grade 6 Teacher III
• Republic Act 8551, otherwise known as the PNP Reform and Reorganization Act of 1998, in its Title
VII, sets the framework of the PNP in providing services to VAWC clients.

• Section 57. Creation and Functions. The PNP shall establish women’s desk in all police stations
throughout the country to administer and attend to cases involving crimes against chastity, sexual
harassment, abuses committed against women and children and other similar offenders:
Provided, that municipalities and cities presently without policewomen will have two (2) years upon
• the affectivity of this Act within which to comply with the requirement of this provision.

• Section 58. Prioritization of Women for Recruitment . – Within the next five (5) years, the PNP shall
prioritize the recruitment and training of women who shall serve in the women’s desk. Pursuant to this
requirement, the PNP shall reserve ten percent (10%) of its annual recruitment , training, and
education quota for women.

• Section 59. Gender Sensitivity Program. The (National Police Commission shall formulate a gender
sensitivity program within ninety (90) days from the affectivity of this Act to include but not limited to
the establishment of equal opportunities for women in the PNP, the prevention of sexual harassment in
the workplace, and the prohibition of discrimination on the basis of gender or sexual orientation.
Anti-Child Abuse Law

(Republic Act
No.7610)
Republic Act No.
7610

Who is a
“child”?
CHILD refers to
•a person below 18 years old or
•person over 18 years old but is unable to fully take care of or
protect himself or herself because of a physical or mental
disability or condition.
Republic Act No.
7610
The Law provides for special
protection to children from all
forms of :

• abuse
• neglect
• cruelty
• exploitation
• discrimination
•other conditions prejudicial to
their development
Republic Act No. 7610

Three Categories of Child Abuse are Penalized:

Child
Traffickin
g

Child Child
Prostitutio Pornograph
n y
and other Sexual
Abuse
Republic Act No. 7610

Child Prostitution
The child engaged in
prostitution are considered
VICTIMS
Those punished are the
ones who
abused the child in
prostitution or derived
profit from it
Republic Act No. 7610

Child Trafficking
The act of buying and selling of a child for money, or for any
other consideration
CHILD
T

+ = A
F

F
I

Buying/ C

Selling a Money/ K
I
child Consideratio
Republic Act No. 7610

Child Pornography (Obscene Publications and Indecent

Shows)
Punishes any person who shall use, persuade, or force a child
to :

perform indecent
shows/exhibitions in
live or video
pose or model in
pornographic
materials
Anti-Trafficking in
Persons Act of
2003
(Republic Act
No.9208)
 The Anti-Trafficking in Persons Act (R.A. 9208)

What is trafficking in
persons?
ACTS Exploitation:
Recruitment, Transportation, ➢ Prostitution

SE
Transfer, Harboring,

O
➢ Sexual Exploitation

RP
Receipt ➢ Forced Labor

PU
MEANS ➢ Slavery
Threat, Force, Fraud, Deception, ➢ Debt Bondage
Abuse of power or position, Taking
➢Involuntary
advantage of the vulnerability of the
person, Giving or receiving of Servitude
payments to achieve consent of ➢Removal or Sale of
person in control Organs
The Anti-Trafficking in Persons Act (R.A. 9208)

Punishable Acts

• Acts of Trafficking
• Acts that Promote Trafficking
• Qualified Trafficking
• Violation of confidentiality
• Use of Trafficked Person
The Anti-Trafficking in Persons Act (R.A. 9208)
Trafficking of a child is “qualified trafficking”

Acts + Means + Purpose

= Trafficking in
Persons
The Anti-Trafficking in Persons Act (R.A. 9208)
Trafficking of a child is “qualified trafficking”

Acts +
+
Purpose
Child
MXeans =
Traffickin
g
ACT/
S
Recruitment
Transportati
on Transfer
Harboring
Receipt of
person;
• with or without the
victim’s consent or
knowledge;
• within or across
national borders
 MEAN
•S Threat or use of force, or other
forms of coercion
• Abduction
• Fraud
• Deception
• Abuse of power or of position
• Taking advantage of the
vulnerability of a person
• The giving or receiving of payments or
benefits to achieve the consent of a person
having control over another person.
EXPLOITATIVE
•PURPOSE
Prostitution or other forms of
sexual exploitation
• Pornography
• Forced labor or services
• Slavery
• Involuntary Servitude or debt
bondage
• Removal or sale of organs
CHILD TRAFFICKING

The recruitment, transportation, transfer,

harboring or receipt of a child for the
purpose of exploitation shall also be
considered as trafficking in persons
even if it does not involve any of the
means set forth in the law.
 CHILD TRAFFICKING
Child :

(1)Person below 18 years of age;

(2)Person who is over 18 but is unable
to fully take care of or protect
himself/herself from abuse, exploitation,
or discrimination because of a physical
or mental disability or condition
 Similarities between Trafficking in
Persons and Human Smuggling
• There are movements and
transportation involved
• Both can be committed across
borders
• In both cases, there can be
consent
• In both cases, “facilitators” devise
elaborate means to elude detection
• Often undertaken in dangerous and
degrading conditions
 Differences between Trafficking in
Persons and Human Smuggling
• Trafficking involves fraud, deception,
force, coercion, or taking advantage
of the vulnerabilities (coercive and
non-coercive means)
• In trafficking, there is a clear intent to
expose them to exploitative
conditions such as prostitution, forced
labor, debt bondage, etc.
 PUNISHABLE ACTS

 Acts of trafficking in
persons (Section 4);
 Acts that promote
trafficking in persons
(Section 5);
 Qualified Trafficking
(Section 6)
 Use of trafficked
persons for prostitution
(Section 11)
 PENALTIE
Act
S Penalty

Qualified Life imprisonment and a fine of P2million to

Trafficking in 5million
Persons (Sec. 6)

Acts of 20 years imprisonment and a fine of

Trafficking in P1million to 2million
Persons (Sec.4)

Acts that Promote 15 years imprisonment and a fine of

Trafficking in P500,000 to 1million
Persons
(Sec. 5)
Use of trafficked 1st offence: 6months community service and a fine of
Persons for Prostitution P50,000;subsequent offences:1year imprisonment and a fine
(Sec.
( 11) of P100,000
Violation of
confidentiality (Sec. 7) 6 years imprisonment and fine P500,000 to 1
million
 ACTS OF TRAFFICKING IN PERSONS
(Section 4)

• To recruit, transport, transfer,

harbor, provide, or receive a
person by any means,
including those done under
the pretext of domestic or
overseas employment or
training or apprenticeship for the
purpose of prostitution,
pornography, sexual
exploitation, forced labor,
slavery, involuntary servitude
or debt bondage exploitation
 ACTS OF TRAFFICKING IN PERSONS
• Introduce or match for money,
profit, or material, economic
or other consideration, any
person or, as provided for
under RA 6955, any Filipino
woman to a foreign national,
for marriage for the purpose of
acquiring, buying, offering,
selling or trading him/her to
engage in prostitution,
pornography, sexual
exploitation, forced labor,
 ACTS OF TRAFFICKING IN PERSONS

• To offer or contract
marriage, real or
simulated, for the
purpose of acquiring,
buying, offering, selling or
trading them to engage in
prostitution, pornography,
sexual exploitation,
forced labor or slavery,
involuntary servitude or
debt bondage
ACTS OF TRAFFICKING IN PERSONS

• Undertake or organize
tours and travel plans
consisting of tourism
packages or activities for
the purpose of utilizing
and
offering persons for
prostitution,
pornography or sexual
exploitation
 ACTS OF TRAFFICKING IN PERSONS
• Maintain or hire a person to
engage in prostitution or
pornography

• Adopt or facilitate the

adoption of persons for the
purpose of prostitution,
pornography, sexual
exploitation, forced labor,
slavery, involuntary
servitude or debt bondage
 ACTS OF TRAFFICKING IN PERSONS
• Recruit, hire, adopt, transport
or abduct a person by
means of threat or use of
force, fraud, deceit, violence,
coercion, or intimidation for the
purpose of removal or sale of
organs of said person
• Recruit, transport or adopt a
child to engage in armed
activities in the Philippines or
abroad
 ACTS THAT PROMOTE TRAFFICKING IN
PERSONS
(Section 5)

● Knowingly lease or sub-

lease, use or allow to be
used any house, building
or establishment for the
purpose of promoting
trafficking in persons
ACTS THAT PROMOTE TRAFFICKING IN PERSONS

● Produce, print and issue or

distribute un-issued, tampered
or fake counseling certificates,
registration stickers and
certificates of any government
agency which issues these
certificates and stickers as
proof of compliance with
government regulatory and
pre- departure requirements
 ACTS THAT PROMOTE TRAFFICKING IN
PERSONS

● Advertise, publish, print,

broadcast or distribute, or
cause the advertisement,
publication, printing,
broadcasting or distribution by
any means, including the use
of information technology and
the internet of any brochure,
flyer or any propaganda
materials that promote
ACTS THAT PROMOTE TRAFFICKING IN PERSONS

● Assist in the conduct of

misrepresentation or fraud for
the purposes of facilitating the
acquisition of clearances and
necessary exit documents from
government agencies that are
mandated to provide pre-
departure registration and
services for departing persons
for the purpose of promoting
trafficking in persons
 ACTS THAT PROMOTE TRAFFICKING IN PERSONS

● To facilitate, assist entry or exit

of persons at the airports,
seaports and territorial
● boundaries
Confiscate, conceal,
destroy passport, travel
● documents of trafficked
persons
To knowingly benefit from,
financial or otherwise the
 QUALIFIED TRAFFICKING

(Section 6)

• When the trafficked

person is a child
• Adoption is effected
through RA 8043 for the
purpose of trafficking
• When crime is
committed by a
syndicate or in large
scale.
 QUALIFIED TRAFFICKING

• When the offender is an

ascendant, parent, sibling,
guardian, or a person who
exercises authority over a
trafficked person or when
offense is committed by a
public officer or employee
 QUALIFIED TRAFFICKING

• When the trafficked person

is recruited to engage in
prostitution with any
member of the military

• When the offender is a

member of the military or law
enforcement agencies

• When the trafficked person dies,

becomes insane, suffers
mutilation or is afflicted with
 CONFIDENTIALITY RULE
(Section 7)
• The name and personal circumstances of the trafficked
persons or of the accused, or any other information tending
to establish their identities and such circumstances or
information shall not be disclosed to the public
• In cases when prosecution or trial is conducted behind
closed doors, it shall be unlawful for any editor, publisher,
and reporter or columnist in case of printed materials,
announcer or producer in case of television and radio,
producer or director of a film in case of movie industry, or
any person utilizing tri-media facilities or information
technology to cause publicity of any case of trafficking in
persons
USE OF TRAFFICKED PERSONS

RA 9208 punishes any person who

buys or engages services of a
trafficked person for prostitution
 CASE FILING: WHO?

1. The trafficked
person;
2. The trafficked
• Parents
• Spouse
person`s:
• Siblings
• Children, or
• Legal
1. guardian;who
Anyone has personal
knowledge of the commission of an
offense under RA 9208
 CASE FILING: WHERE?

The case can be filed where:

– The offense was committed;

– Any of its elements occurred; or

– The trafficked person actually

resides at the time of the
commission of the offense.
 CASE FILING: AGAINST WHO?

● Any person, natural or juridical, who commits any

offence under RA 9208 may be punished for
trafficking acts.
● If the offender is a corporation, partnership,
association, club, establishment or any
juridical person, the penalty shall be imposed
upon the owner, president, partner, manager,
and/or any responsible officer who participated in
the commission of the crime, or who shall
have knowingly permitted or failed to prevent
its commission.
 CASE FILING: WHEN?
● Cases for trafficking acts can be filed
up to 10 years after they are
committed.
● If trafficking is committed by a syndicate or
on a large scale, cases can be filed up to 20
● years after the act.
The “prescriptive period” is counted from
the day the trafficked person is delivered
or released from the condition of
bondage.
Anti-Child Labor
Law (R.A.
9231)
Child Labor Law (Republic Act No.
9231)
Defines worst forms of labor:

• slavery
• prostitution and pornography
• use of children for illegal
activities
• work that is hazardous and
harmful to the health, safety
and morals of children
Child Labor Law (Republic Act No.
9231)
Prescribes Employable Age
Under the law, children below fifteen (15) years of
age shall not be employed, except in the following
cases:

• when the child works directly under parents/legal

guardian and only members of the family are
employed

• when the child is employed in public entertainment or

information through cinema, theater, radio, television
or other forms of media is essential.
Child Labor Law (Republic Act No.
9231) Regulates Working Hours for
Children Children below 15 years of age may
work for not more that 20 hours a
week, at most 4 hours a day.

The law limits children 15 – 17 years

old to work not more than 8 hours
a day or 40 hours a week.

Night work from 8pm to 6am

is prohibited.
Child Labor Law (Republic Act No.
9231)
Regulates Disposition of Children’s
Wages

The child’s earnings shall be set

aside primarily for his/her
support, education or skill
acquisition.

Not more than 20% of the

child’s income may be allotted
for the collective needs of the
family.
CHILD LABOR vs. CHILD WORK
Child Work
Work is appropriate to child’s
age and mental capabilities
Limited hours of work, does not
hinder the child from going to
school, playing or resting
Child’s physical, emotional and
mental well-being are nourished
even in the work environment
Legal
Child Labor
Work burdens the child; too
heavy for child’s age and
capabilities
Very long hours of work, child
has limited or no time for
school, play or rest
Child is subjected to
psychological, verbal, or
physical/sexual abuse
Illegal
Services/Assistance, Penalties
SERVICES/ASSISTANCE

Access to Education and Training for Working Children

Access to Immediate Legal, Medical and Psycho-Social

Services

Presevation of the Working Child’s Income

Trust Fund
Penalties - EMPLOYMENT OF CHILDREN

Children below fifteen (15) years of age shall NOT be employed.

EXCEPTIONS:

6 y e ars
A.When a child works under the n th s
sole to
responsibility of his
6m o t less
parents or guardians
L T Y : o f no
P E N A d a f in e
e n t an in o re t ha n
imp r o nm employment
B.When theischild’s
ut n o t
is m public entertainment or
information.
0 ,0 0 0 b !
than P5 P30 0 ,0 0 0
Penalties - HOURS OF WORK OF A WORKING CHILD

Hours of Work

1. Child below 15 6 y ea rs
• Not more than 20 hours o n th s to
: 6 m a week
t le ss
• Not moreN A L
than Y
T 4 hours a day in e o f no
E
P work schedule an d f
a 8 pm to 6 am n following day
athe
• No
m en t between
m o re t h
imp r ison
ut n o t
0,000b
than P 5
00 ,0 00!
P3
2. Child 15-18
• Not more than 40 hours a week
• Not more than 8 hours a day
• No work schedule between 10 pm to 6 am the following day
Penalties - PROHIBITION AGAINST CERTAIN ADVERTISEMENTS

No child shall be employed as a model in any advertisement

directly or indirectly promoting alcoholicabeverages,
rs
6 ye
o by products, gambling or
tits
intoxicating drinks, tobacco
onth s
and
m pornography.ot less
: 6
any form ofTviolence
E N AL Y or
fin e o fn
P and a than
sonm en t
o t m o re
imp r i
0 but n
0 ,0 0 00!
than P5 P3 00 ,0
Penalties - WORST FORMS OF CHILD LABOR

(1) All forms of slavery, as defined under the “ Anti-trafficking in

Persons Act” or practices similar to slavery such as sale and
trafficking of children, debt bondage and sor use in armed
conflict; or the
u n de r
(2) The use, procuring, offering
n aliz e
ord exposing of a” child for
03 or for
prostitution, an
for d
theP e
production sA
of ct 20
pornography
cu ted er so n
Prose
pornographic
fi ng inP
performances;
ck i
i-traf 9208)
“Ant (R.A.
aximum
in th eM
posed
ty Im
Penal Period
Penalties - WORST FORMS OF CHILD LABOR

d er th e
ali ze d un
.
(3) nd
The use, procuring P e n
or offering of a child
0 2 ( R .A
for illegal or illicit
ec uted a
c t o 20
f and trafficking of
Pr o s
activities, including
D
the
ru g s A
production
dangerous r
drugs
e s
ou and volatile substances
5 ) prohibited under
an
“D laws g 91 6 im um
existing eM ax
in th
Im p o sed
Pen alty Perio d
Penalties - WORST FORMS OF CHILD LABOR

Parents, biological or by legal fiction, and legal guardians found to

be violating Sections 12, 12-A, 12-B and 12-C of this Act shall
pay a fine of not less than Ten thousand pesos (P10,000.00) but
not more than One hundred thousand pesos (P100,000.00), or be
required to render community service for not less than thirty
(30) days but not more than one (1) year, or both such fine and
community service

If a corporation commits any of the cited violations, the board of

directors/trustees and officers, including the president, secretary
and treasurer of the corp who participated in or knowingly
allowed the violation shall be penalized accordingly.
 Anti-Rape
Law
(Republic Act
No.8353)
Republic Act No.
8353
By Sexual
Intercour
se
- force or intimidation;
RAP - victim is deprived of
E reason/unconscious;
-fraudulent machination/grave abuse of
authority; or
By
- victim is under 12 years of age or
demented Sexual
Assault
- inserting penis into another person's mouth or
 RAPE IS A PUBLIC CRIME!

• REMEMBER! Rape is now considered

a public crime. This means that any
person who has knowledge of the crime
may file a complaint; consequently, even
if the victim withdraws her complaint,
the government (i.e. the police,
prosecutor, fiscal, etc.) may proceed
with the case.
 RA 8353: The Rape
Law of 1997
• Re-classified rape as crime vs. persons 2
• ways of committing rape:
– man has carnal knowledge of woman under the
following circumstances:
• Thru force, threat, or intimidation
• When offended party is deprived of
reason/unconscious
• Thru fraudulent machination/grave abuse of
authority
• When offended party is under 12 yrs or
demented
RA 8353: The Rape Law of 1997 (cont’d)
– By any person who, under any of
circumstances mentioned in paragraph 1,
shall commit an act of sexual assault by:
• inserting his penis into another
persons mouth or anal orifice or
• Inserting any instrument or object
(including a finger) into the genital or
anal orifice of another person
THIS IS WHAT THE SUPREME
COURT HAS SAID ABOUT
RAPE!!!
• NOTE: The slightest penetration
of the outer labia is sufficient.
The absence of sperm in the
vagina does not mean that no
rape occurred
 What is “consent”?

• NOTE: There is NO issue of

consent for child victims under
the age of 12 years old.
Children under 12 CANNOT
give their consent
 WHEN MARRIAGE IS
AVAILABLE
• There can be no valid marriage between an offender
and any child victim as the Family Code mandates
that marriage may only be entered into when the
parties to the marriage are at least 18 years old and
have the consent of their parents.
• Any marriage entered into before a party reaches the
age of 18 is void from the beginning.
• A parent cannot give consent to a child who may
want to marry before she turns 18 years old.
 REPUBLIC ACT NO.
7877
“Anti-Sexual Harassment Act of
1995”
Sexual Harassment
The “Anti-Sexual Harassment Act of 1995”
punishes all forms of sexual harassment in
the employment, education or training
environment.

Sexual Harassment is committed if:

1. An employer, employee, manager,

supervisor, agent of the employer, teacher,
instructor, professor, coach, trainor or any
other person who has authority, influence or
moral ascendancy over the offended party
2.In a work or training or education
environment

3.Demands, requests or requires any

sexual favor from the other

4.Regardless of whether the demand,

request or requirement for PENALrTisYonment
s. Imp
submission is accepted 1 to 6 mo
and/ o r ,000.
0 0 to P20
P10 , 0
e of
Fin
 R.A. 9262
Anti-Violence Against Women
and their Children Act
Title An act defining Violence Against Women and
: Their Children providing for protective measures
for victims, prescribing penalties therefor and
for other purposes (2004)

Rationale To uphold the dignity of women and their children

: and to guarantee full respect for human rights;

The State recognizes the need to protect the

family and its members particularly women and
children from violence and threats to their
personal safety and security.
 VIOLENCE AGAINST WOMAN & THEIR
CHILDREN
refers to any act or a series of acts
committed by any person
against a woman who is his:
– wife,
– former wife, or
– against a woman with whom the person
has or had a sexual or dating
relationship,
– against a woman with whom he has
a common child,
 VIOLENCE AGAINST WOMAN & THEIR
CHILDREN

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, assault, coercion,
harassment or arbitrary deprivation of liberty.
It includes, but is not limited to, the following
acts:
1. Physical violence
2. Sexual violence
3. Psychological violence
4. Economic abuse
Acts of Violence Against Women and their Children (Sec.5)

a) Causing physical harm to the woman or child

b) Threatening to cause physical harm to the woman or child

c) Attempting to cause physical harm to the woman or child

d) Placing the woman or child in fear or imminent physical

harm

e) Attempting to compel or compelling the woman

or her child to engage in conduct that the woman or her child
has the right to desist from OR to desist from conduct
which they have a right to engage in; or restricting or
attempting to
restrict the woman and child’s freedom of movement or conduct
by force or threat of force, physical or other harm or threat of
such, or intimidation, including but not limited to the following
acts with the purpose of controlling/restricting the woman and
child’s movement or conduct:

1) threatening to deprive or depriving the woman

or her child or custody/access to her/his family;

2) depriving or threatening to deprive the woman

or her child of financial support or deliberately
providing insufficient financial support
 3) Depriving or threatening to deprive a
woman or her child of a legal right;

4) Preventing the woman in engaging in legitimate

profession, occupation, business or activity, or
controlling the victim’s own money or properties,
or solely controlling the conjugal/common money
or properties

f) Inflicting or threatening to inflict physical harm on oneself

for the purpose of controlling her actions or decisions;

g) Causing or attempting to cause the woman or her child to

engage in sexual activity which does not constitute rape
h) Engaging in purposeful, knowing or reckless conduct,
personally or through another, that alarms or causes substantial
emotional or psychological distress to the woman or child,
including but not limited to:
1)stalking or following the woman or child in public or
in 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 of the
woman or her child against their will;
4) destroying the property and personal belongings of
the woman or her child, or inflicting harm to their
animals or pets;

5) Any form of harassment or violence;

i) Causing mental or emotional anguish, public ridicule or
humiliation to the woman or child, including but not limited
to:

repeated verbal and emotional abuse

and denial of financial support or
denial of access to the woman’s child/children
 Penalties

Physical harm under Section 5(a):

Attempted, frustrated Punished in accordance

or consummated with Revised Penal
parricide, murder or Code
homicide
Serious physical Prision mayor
injuries
Prision coreccional
Less serious
physical Injuries
Arresto mayor
Slight physical
injuries
 Penalties,
cont’d
Acts under Sec.5 Imprisonment of 2
(b) degrees lower than
the consummated
crime
Acts under Sec. 5 Arresto mayor
(c)
and Sec. 5 (d)
Prision correccional
Acts under Sec. 5 (e)
Arresto mayor
Acts under Sec. 5 (f)
Prision mayor
Acts under Sec. 5 (g)
Prision mayor
Acts under Sec. 5 (h)
(i)
 Penalties,
cont’d
Fine:PhP 100,000 – PhP 300,000

Mandatory Psychological counseling

or psychiatric treatment
Venu
e
RTC Family Court has original and exclusive
jurisdiction

If no family court in the place where the offense

was committed, it shall be filed in the RTC
where the crime or any of its elements was
committed at the option of the complainant
Protection Orders

Definition: A protection order is an order issued for the

purpose of preventing further acts of violence
against a woman or her child. It can also
grant other necessary relief.

Kinds :
BPO – Barangay Protection Order
TPO – Temporary Protection Order
PPO – Permanent Protection
Order
 Who may file Petition for Protection
Order
(a) the offended party;
(b) parents or guardians of the offended party;
(c)ascendants, descendants or collateral relatives within the fourth civil
degree of consanguinity or affinity;
(d)officers or social workers of the 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;
(h)At least two (2) concerned responsible citizens of the city or
municipality where the violence against women and their children
occurred and who has personal knowledge of the offense
committed.
 Form
❑ must be in writing,
❑ signed and verified under oath by the
applicant.
It may be filed as an independent action or as incidental
relief in any civil or criminal case.

A standard protection order application form, written in

English with translation to the major local languages,
shall be made available to facilitate applications for
protections order
Form
If the applicants is not the victim, the application must be
accompanied by anaffidavit of the applicant attesting to
(a) the circumstances of the abuse suffered by the victim
and
(b) the circumstances of consent given by the victim for
the filling of the application.

When disclosure of the address of the victim will pose

danger to her life, it shall be so stated in the
application. In such a case, the applicant shall attest
that the victim is residing in the municipality or city over
which court has territorial jurisdiction, and shall provide
a mailing address for purpose of service processing.
 Form

An application for protection order filed with a court

shall be considered an application for both a TPO
and PPO.

Barangay officials and court personnel shall assist

applicants in the preparation of the application.

Law enforcement agents shall also extend assistance in

the application for protection orders in cases brought
to their attention.
Reliefs that may be included in the Protection
Orders
1) Prohibition of respondent from threatening to commit
or committing personally or through another;

2) Prohibition of respondent from harassing, annoying,

telephoning, contacting or otherwise
communicating with petitioner directly or
indirectly;

3) Removal and exclusion of the respondent from the

residence of the petitioner, regardless of ownership of the
residence, temporarily or permanently

4) Directing the respondent to stay away from the petitioner

and any designated family or household member at a
distance specified by the court, and to stay away from the
residence, school, place of employment or any specified
place
5) Directing lawful possession and use by petitioner
of an automobile and other essential personal
effects

6) Temporary or permanent custody of a child/children

to the petitioner

7) Support to the woman and or her child if entitled to

support

8) Prohibition of respondent from any use or possession of

firearm or deadly weapon. Court can order him to
surrender the same for appropriate disposition by the
court.

9) Restitution for actual damages caused by the violence

inflicted

10)Directing DSWD or appropriate agency to provide shelter

Enforceability of Protection Orders

All TPOs and PPOs issued are enforceable anywhere in

the Philippines.

A violation of the TPOs and PPOs shall be punishable by

a Fine of PhP 5,000 – PhP 50,000 and/or
Imprisonment of 6 months

Effectivity of TPOs:

30 days.
Extendable for a period of 30 days each particular time
until final judgment is issued.
 Duties of Barangay Officials and
LawEnforcer
(a)respond immediately to a call for help or request for
assistance or protection of the victim by entering the
necessary whether or not a protection order has been
issued and ensure the safety of the victim/s;
(b)confiscate any deadly weapon in the possession of the
perpetrator or within plain view;
(c)transport or escort the victim/s to a safe place of their
choice or to a clinic or hospital;
(d)assist the victim in removing personal belongs from the
house;
(e)assist the barangay officials and other government
officers and employees who respond to a call for
help;
 Duties of Barangay Officials and Law
Enforcer
(f)ensure the enforcement of the Protection Orders issued
by the Punong Barangy or the courts;
(g)arrest the suspected perpetrator wiithout a warrant
when any of the acts of violence defined by this Act is
occurring, or when he/she has personal knowledge
that any act of abuse has just been committed, and
there is imminent danger to the life or limb of the
victim as defined in this Act; and
(h)immediately report the call for assessment or assistance
of the DSWD, social Welfare Department of LGUs or
accredited non-government organizations (NGOs).
Failure to
Report

Any barangay official or law enforcer who fails to

report the incident shall be liable for a fine not
exceeding Ten Thousand Pesos (P10,000.00) or
whenever applicable criminal, civil or
administrative liability.
Confidentiality

All records pertaining to cases of violence against

women and children including those in the barangay
shall be confidential.

All public officers and employees and public or private

clinics or hospitals shall respect the right of privacy of the
victim.

Any violation of confidentiality clause shall be subject to

the contempt powers of the court.
 Prescription of
Action
Acts falling under Sections 5(a) to 5(f) shall
prescribe in twenty (20) years.

Acts falling under Sections 5(g) to 5(i) shall

prescribe in ten (10) years.