Republic of the Philippines HOUSE OF REPRESENTATIVES Quezon City TWELFTH CONGRESS Second Regular Session HOUSE BLLNO, 5516 Introduced by Hons, Angare-Castillo, Antonino-Custodio, Joaquin, Castelo Daza, Joson, Ablan, ‘del Mat, Syjuco, Echiverri, Jaraula, Zialcita, Monfort, Cucnco, Badelles, Espino, Lagman-Luistro, Apostol, Ermita-Buhain, Cabilao, Calizo, Cari, Defensor (M.), Cruz-Ducut, Dumarpa, Dy, Elec, Espinosa (V.), Yumul-Hermids, Jaafar, ‘Taganas-Layus, rasebe Leviste, Malanyaon, Marcos, Martinez, Nicolas, Punzalan, Ramiroz-Sato, Ramiro, Reyes (V.), San Juan, Talino-Santos, Silverio, 'Soon-Ruiz, Suarez, Villar, Rosales, Maza, ‘Saludo, Biazon, Beltran and Barbers AN ACT DEFINING THE CRIME’ OF ABUSE OF WOMEN IN INTIMATE RELATIONSHIPS, PRESCRIBING PENALTIES THEREFOR, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, AND FOR OTHER PURPOSES: Be it enacted by the Senate and House of Representatives of the Philippines in Congress Assembled: SECTION 1 Skort Tide. - This Act shall be known as the "Anti-Abuse of Women in Intimate Relationships (Anti-AWIR) Act. SEC. 2. Declaration of Policy. - 1 is the declared policy of the State to value the dignity of every man person and guarantee full respect for human rights. To this end, the State shall exert efforts to seriously address abuse of women in intimate relationships as 2 Den igh ro, par of ye he cnation end infringe rg lav 10 ensure the full development of its citizens, particularly women, and theit genuine and ‘meaningful participation in nation-building. SEC. 3. Abuse of Women in Intimate Relationships. - The crime of abuse of ‘women in intimate relationships is committed by any person against a woman who is his wife 043a7 18 19 2 24 oF former wif, Haher live-in parte or forertven prin, or against a woman with ‘hom the person as or had a semua or dating relatonship trough any ofthe felowing ate: @) Sausing Physical harm to the Woman with or without a deadly weapon; (©) attempting to cause the woman physical harm; (©) threatening to cause the woman physical harm; @ placing the women in fear of imminent physical harm; © ‘attempting to compel or compelling the woman to engage in conduct which she has the right to desist from or to desist from conduct which she has the right to engage in, or attempting to restrict or restricting the woman's ffeedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or her family or household member. ‘This shall inclnde, but not limited to, the following acts committed: with the purpose or effect of controlling or restricting the woman's movement or conduct; 1. threatening to deprive or actually depriving the woman of custody of or ‘access to her family or household member; 2. depriving or threatening to deprive the woman or her family or houschold member of financial support legally due her or her family or household member, or deliberately providing her or her family or houschold member insufficient financial support; 3. depriving or threatening ‘0 deprive the woman or her family or household momber of a logal right; 4. preventing the women from engaging in any profession, occupation, business or activity, or controlling the victim's own money or properties, or solely controlling the conjugal money of properties:10 rt 12 13 14 1s 16 17 18 19. 21 23 28 (© Inflicting or threatening to inflict physical harm on oneself for the: purpose of controlling the woman's actions or decisions; (g) Causing or attempting to cause the woman to involuntarily engage in any sexual activity by force or threat of force, physical or other harm, or threat of physical or other harm, or intimidation dirocted against the woman or her family or household member; (@) Engaging ‘in purposeful, ‘knowing... or reckless conduct, personally or through another, that alarms or ‘causes distress to the: woman and serves:no legitimate purpose: Provided, That if such conduct involves only one incident, the conduct ‘must be’ such’as'to result int sitbstantial emotional distress to the- woman. » This shall include; but not limited to; the following acts, 1: Following the woman abour in public places; 2. Peering in the window or lingering outside the residence of the woman; 3. Entering or! remaining in the: dwelling or on. the property of the woman ogainat her will; 4. Destroying the property, animals or pets of the woman, ‘and 5. Engaging in any form of psychological harassment. @ Causing mental-or emotional anguish, public ridicule or humiliation to the woman, including, but not limited to, repeated verbal and emotional abuse, and denial of financial ‘support or custody or access to the woman's child/children. For the purpose of this Act;'*family or houschold member" refers to the woman's Parent, nstural or adopted child, stepchild, sibling, any relative within the fourth degrec of consanguinity, or any person with whom the woman has an intimate or close familial relationship or close emotional attachment, whether or not they live with the woman, or any person who ives with the woman in the same household. 04521 23 25 046 SEC.4. Penalties, ~The crime of abuse of women in intimate relationships, under Section 3 hereof shall be punished according to the’ following rules: Acts falling under Sections 3(e) or (6) constituting. attempted, frustrated or ‘consummated parricide or murder shall be punished in accordance with the provisions of the Revised Penal Code, ‘Acts falling under Sections 3(2) or (b) constituting homicide shall have the penalty of reclusion perpetuas, those constituting frustrated homicide shall heve the penalty of reolusion temporal, and those constituting attempted homicide shall have the penalty of prision mayor, ‘Acts falling under Sections 3(a) or (b) constituting mutilation shall have the penalty of Feclusion perpetua; those constituting serious physical injuries shall have the penalty of prision mayor, those constituting less serious physical. injuries shall be punished by prision correccional; and those constituting slight physical injuries shall be punished by arresto mayor. ‘Acts falling under Scotion 3(c) shall be punished by imprisonment of two degrees lower than the presoribed penalty for the consummated crime specified in the preceding ‘paragraphs but shall not in any case be lower than arrasto mayor, Acts falling under Section 3(d) shall be punished by arresto mayor. Acts falling under Section 3(¢) shall be punished by prision mayor; Provided, That when the acts committed constitute an attempt to control or restrict the woman's conduct or ‘movement, the same shall be punished by prision correcotonal, Acts falling under Section 3(f) shall-be punished by arresto mayor. Acts falling under Section 3 (g) shall be punished by'prision mayor: Provided, That should the acts involved constitute rape under existing law, the penalty shall be reciusion ‘perpetua regardless of the form or rape committed; Provided , further, That when the acts committed constitute a special complex crime under Article 266-B of the Revised. Penal10 uu 12 13 4 1s 16 7 18 19 24 22 23 25 047 Code, the penalties provided in the second, third, fourth and fifth paragraphs of Asticle 266-B shall be applied. Acts falling under Section 3 (h) and 3 (1) shall be punished by arresto mayor to Prision mayor depending on the length of time that the acts involved were committed. If the acts committed falling undsr Section 3 occur while the woman is pregnant, the Penalty to'be applied shall be the maxinmm period of the penalty prescribed in this Section. SEC. 5. Suppletory Application of the Revised Penal Code. ~ For the purposes of this Act, the provisions of the Revised Penal Code shall have suppletory application. SEC. 6. Prescription. - The provisions of the Revised Penal Code on prescription of offenses shall apply to the acts defined in Section 3 hereof. SEC. 7. Public Crime. - Abuse of women in’ intimate relationships shall be ‘considered a public offense which may be prosecuted upon the fling of a complaint by any citizen, SEC. 8. Criminal Complaint to be Filed by Family or Household Member. - Family or household members abused under Sections 3(6) and 3(2) herein may file criminal cornplaints under the Revised Penal Code, Republic Act No.'7610, otherwise mown as the "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act", and other relevant or applicable laws, without prejudice to their applying for a protection order under the provisions of this Act. SEC. 9. Protection Orders, « A protection order is an order issued under this Act for the purpose of preventing further acts of abuse apainst persons specified in Section 3 of this Act and granting other necessary relief, The reliof granted under a protection order should serve the purpose of safeguarding the person abused from further harm, minimizing ‘any disruption in the abused person's daily life, and facilitating the opportunity and ability of the Person abused to independently regain control over her life. The provisions of the protection20 2 22 048 order shall be enforced by law enforcement agencies, The protection orders that may be issued under this Act are barangay protection orders (BPO), temporary. protection order (TPO). and permanent protection order (PPO). The protection orders that may be issued under this Act shall include any, some or all of the following relief’: (@ Prohibition of the respondent from. threatening to commit or committing, Personally or through another, any of the acts mentioned in Section 3 of this Act; (®) Prohibition of the respondent from harassing, annoying, telephoning, contacting, or otherwise communicating with the petitioner; directly or indirectly; (©) Remove and exclusion of the respondent from the residence af the petitioner, regardicss of ownership of the residence, either temporarily for the purpose of protecting the Petitioner, or permanently where no property rights are violated, and, if respondent must remove personal effects from the residence, the court shall direct a law enforcement agent 10 accompany the respondent to the residence, remain there until respondent has gathered his things, and escort respondent from the residence; (@) An Order directing the respondent to stay away from petitioner and sny designated family or household member at 2 distance specified by the court, and to stay away from the residence, school, place of employment, or any specified place frequented by the petitioner and any designated family or household member; (e) Am Order directing lawful possession and use by an abused woman/petitioner of an automobile and other essential personal effects, regardless of ownership, and directing the appropriate law. enforcement officer to accompany the petitioner. to the residence of the parties to ensure that the petitioner is safely restored to the possession of the automobile and other essential personal effects, or to supervise the petitioner's or respondent's removal of Personal belongings;10 lt 12 13 14 15 16 W 18 19 20 2 2 049 (©) Grant: of temporary or permanent custody of a minor child/children to the Petitioner; (@) Where the woman and/or family member is entitled to legal support from the respondent, an Order directing respondent to provide support to the woman and/or family member. Notwithstanding other ‘laws to'the contrary, the court shall order an appropriate percentage of the ‘salary of the respondent to be withheld regularly ‘by the respondent's ‘employer and for the same to be automatically remitted directly to the womian and/or family member, Failure to remit and/or withhold or any delay in the remittance of support to the ‘womati and/or family member Without justifiable cause’ shall: render’ the’ respondent's ‘employer liable for indirect contempt of court; (2) Prohibition of the respondent from any use or possession of any fireanm or deadly weapon and order him to surrender the same to.the court for appropriate disposition by the cour, including revocation of license and disqualification to apply for any license t0 ‘use or possess a firearm. If the offender is a law enforcement agent, the court shall order the offender to surrender his firearm:and shall direct the appropriate ‘authority to investigate tho offender and take appropriate action on the matter. @ Restitution for actual damages cansed by'thé violence inflicted, inciuding, but not limited to, property damage, medical expenses, childcare expenises and loss of income; @ An Order directing the Department of Social Welfare and Development of any appropriate govemment agency’ to provide” petitioner temtiporary shelter and other” social services that the petitioner may need; and (1) Such other forms of relicf as the court deems necessary to protect and provide for the safety of the petitioner and any designated family or household member; provided petitioner and any designated family or houschold membér consents to such relief,25 050 ‘Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal separation or anmulment or declaration of absolute nullity of marriage, ‘The issuance of a BPO or the pendency of an application for a BPO shall not prestude 4 petitioner from applying for or the court from gramting a TPO or PPO. SEC. 10. Who May Apply for 2 Protection Order, « Protection orders may be issued ‘pon the written application of the woman or the family or houschold member abused under Section 3 of this Act. The following may also apply for a protection order on behalf of the Woman or family or household member abused provided that the latter. consents to the application: (a) a family or housshold member 28 defined in Section 3 herein; (b):-a social Worker from the Department of Social Welfare and Development or-any local. government Unit (c) a law enforcement agent who has knowledge: of the abuse; :(d). the lawyer of the Woman or family or houschokl member; (¢) the abused person's counselor, therapist, of healthcare provider, or (f) @ non-governmental worker who works on domestic violence mattors, Only the woman and/or family or household member subject to abuso specified in Section 3 may apply for a barangay protection order. SEC. 11. Where w Apply for a Protection Order. - Applications for barangay Protection orders (BPOs) shall follow the. rules on venue under Section 409 of the Local Govemment Code of 1991 and its implementing rules and regulations. An application for a temporary protection order (TPO) of permanent protection order (PPO) must be made with the regional trial court, metropolitan trial court, municipal : tial court, or municipal circuit trial court with territorial jurisdiction over the place of residence of the womsn or family or household member abused under Section, 3 of this Act: ‘Provided, however, That if a family court existe in the place of residence of the person for whom the application is made, the application shall be filed with that court.10 MW 12 13 4 1s 16 7 18 19 2 22, 2s SEC. 12. How to Apply for a Protection Order. - The application for a protection order must be in writing, signed and verified under oath by the applicant, It may be filed as ‘an independent action and it may also be sought as an incidental relief in any civil or criminal case the subject matter or issues thereof partakes of an abuse as described in Section 3 herein, A standard application form, written in English with translation to the major local languages, shall be made available to facilitate applications for protection orders, The applicant must state the circumstances of the abuse, the reasons for the application, and the specific reliefs sought. If the applicant is not the victim, the application must be accompanied by an affidavit of the applicant attesting to (a) the circumstances af the disclosure of the abuse suffered by the victim and (b) the circumstances of consent given by the victim for the filing of the application. When disclosure of the address of the person abused 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 mumicipality ot city over which the court has territorial jurisdiction, and shall provide a mailing address for purposes of service processing, An application for a protection order filed with a court shall be considered an application for both a TPO and a PPO. ‘Barangay officials and court personnel shall assist applicants in the preparation of the application, particularly in cases where applicants may not be in a position to preparo the application on their own. Law enforcement agents shall also extend assistance in the pplication for protection orders in cases brought to their attention. SEC. 13. Standard Protection Order Application Form. The Supreme Court shall formulate and circulate the standard application form for a protection order to be used by all-barangsy officials and courts. . The standard. form shall. be printed.in English with translation to major local languages. ‘The content of the form shall include, but shall not be limited to, the following information: O51(@) names and addresses of petitioner and respondent; 052 ©) description of relationship between petitioner and respondent as specified in Section 3; © @ statement of the circumstances of the abuse; () description ofthe reliefs requested by petitioner as specified in Section 9 herein; (©) request for counsel and Teasons; (f) request for waiver of application fees until hearing; and (2) an attestation that there is no pending application for a protection order in another court. SEC. 14, Legal Representation of Applicants for A Protection Order. - If the ‘Woman or family or household member petitioner requests in the application for a protection ‘order for the appointment of counsel because of lack of economic means to hire a counsel de Pare, the court shall immediately direct the Public Attomey's Office to represent the applicant in the hearing on the application. This shall be without prejudice to a determination by the PAO Office that the applicant can sfford to hire the services of a counsel de parte. In such a case, the Public Attomey's Office shall facilitate the legal representation of the applicant by a counsel de parte. ‘The lack of access to family or conjugal resources by the applicant, such 3s when the same are controlled by the abuser, shall qualify the applicant to legal representation by the Public Attorney's Office. SEC. 15, Filing and Other Legal Fees for Applications for a Protection Order, - ‘An applicant for a protection order may be authorized to proceed with.a' protection order ‘spplication under this Act as an indigent if she attests that she’ has no. money or proporty. sufficient end available for food, shelter, and other basic necessities for herself. and family members.25 053 Such authority shall include an exemption from payment-of docket and other lawfil focs, and of transcripts of stenographic notes which the court may order to be furnished her. The amount of the docket and other lawful fees which the indigent was exempted from paying shall be a lien on any monetary judgment rendered in favor of the indigent, unless the SEC. 16, Barangay Protection Orders; Who May Iseue And How.» Bartngsy Protection Orders (BPOs) are those that may be issued by barangay osptains and the Pengkat ‘ng Tagapagkasundo, A barangay captain who receives applications ‘for a BPO shall issue the protection ‘order to the applicant on. the date of filing after ex parte determination of the basis of the application. If the barangay captain is unavailable to act on the application for a BPO, the ‘application shall be acted upon by. any available barangay councilor. If the BPO Is issued by 2 barangay: councilor, the order must be accompanied: by’ an attestation by’ the barangzy councilor that the barangay captain was unavailable at the time of the issuance of the BPO. BPOs issued’ by barangay captains or barangay couricilors may cover-only: the reliefs ‘mentioned in Section 9, -(a) and (b) hereof and shall be effective for fifteen (15) days. ‘Immediately after the issuance of an ex parte BPO, the barangay captain or councilor shall ersonally serve a copy of the same on the respondent, or direct any barangay official to cffect its personal service. Within forry eight (48) hours of issuance of an ex parte BPO, the barangay captain or councilor must refer the oase to the Pangkat ng Tagapagkasundo for hearing: The case shall ‘be heard by the Pangkat ng Tagapagkasundo within soven (7) days from the date of referral and within the fifteen-day effectivity period of the ex parle BPO. Notice of the hearing chall 'e given to both parties. Subsequent to a hearing on the mezits of the application, the Pangkat ‘6 Tagapagkasundo may extend a BPO that grants relief under Section 9 (a) permanently, or uiunder Section 9 (b) ‘ora petiod of six (6) month. The isuance ofa BPO shall not prelude ‘ny applicant from applying or receiving a subsequent BPO conceming the same mater, ‘he pares may be: accompanied only by 2 nonlawyer advocate in any proceeding before the barangay captain or Pangkat ng Tagapagkasundo, ‘SEC. 17. Temporary Protecsion Orders. - A temporary protection ordet (TPO) is issued by a court prior tothe ianuance of permancat protection order (PPO) and is based on ‘an application under Section 12 herein. ‘A court that receives an application for a protection order shall istue-a\TPO on the ate of filing of the application after ex parte determination thatthe same has basis, A court ‘may Grant in a TPO anyi'some or all of the reliefs mentioned in Sections 9 (a), &), (©), ©, ©) (©. @); @) and (k) hereof and shall be effective for fifteen days. ‘The court shall schedule ® hearing on the issuance of a PPO prior t0 or om the date ofthe expiration of the TPO..-The court shall order the immediate’ personal service of the TPO on respondent by the court sheriff who may obtain the assistance of law enforcement agents for the service, The TPO shall include notice of the date of the hearing on the merits of the issuance of, PPO, SEC: 18, Permanent Protection Orders. Permanent protection orders (PPOs): may ‘be issued only by the courts and only after notice and hearing. Respondent's non-appearance despite proper notice, or his lack of a lawyer, or: the non-availability of his lawyer shall not be ground for rescheduling of postponing: the hearing on the merits of the issuance of a PPO. If the respondent appoars without counsel on the date of the hearing on-the PPO, the court shall appoint a-lawyer for the reepondemt and immediately proceed with the hearing. In case the respondent fails't0 appear despite proper ‘notice, the court shall allow ex parte presentation of the evidence by the applicant and render 1210 un 12 13 14 1s 16 7 18 19 20 2 22 25 history of abusive: conduct of a respondent even if the same was not directed against the applicant or the person for whom the application is made. ‘The court shall, to the extent possible, ‘conduct the hearing on the-merits of the issuance of a PPO in one (1) day. Where the court is unable to conduct the hearing within one (2) day and the TPO issued is due to expire, the court shall continuously extend or renew the TPO for'a period of fiftoon (15) days at cach particular time until final judgement is issued. ‘The: extended or renewed TPO. may be modified by the court as may be necessary of applicable to “address the needs of the applicant, ‘The court'may grant any, some or all of the’ reliefs specified in Section 9 hereof in a PPO. A PPO shall be effective until revoked by’a court upon application of the person in ‘Whose favor the ordet was issued. The court shall ensure immediate personal service of the ‘PPO on respondent 3s specified in Section 17 hereof. ‘The court shall not deny an applicant relief requested pursuant to Section 9 solely on the basis of the lapse of time between the act of abuso, defined purswant to Section 3, and the filing of the application, ‘SEC. 19. Notice of Sanction im Protection Orders, - The following statement must be printed:in bold faced type or in capital letters on the protection order issued by the barangay, Pingkat ng Tagapagkasundo or court: "Violation of this order may be punishable by law.” ‘SEC. 20. Mutuat Protection Orders Prohibited. No mumal order for protection to respondent shall be granted by barangay captains, Pangkat ng Tagapagkasundo and the courts SEC. 21 Mandatory Period For Acting.om Applications For Protection Orders. - Failure to act on an application for a’ protection order within’ the reglementary period ‘specified in the previous sections without justifiable cause shall sender the official or judge administratively liable, B 055SEC: 22. Legal Separation Case, - tn caus of legal: separation, where shane 24 ‘pevified in Section 3 is alleged,- Article $8 of the Family Code'shall not apply, The court stall roceed'on the main case and other incidents of the case as soon as posible. The hearing on any application for: protection order. filed by; the petitioner. must be conducted within the mandatory period specified in this Act: SEC. 23. Prohibited Procedures. - A’ barangay official, Pangkat ng Tagapagkasundo °F court hearing an application for a protection order shall not order, dzec, force or in any ‘#Y wadaly influence the applicant for a protection order to compromise'or abandon any of the reliefs sought in the application for protection under this Act. Section 2 of the Family ‘Courts Act of 1997 and Sections 410, 4il, 412 and 413 of the Local Govemment Code shail not apply in proceedings where reliefiis sought under this Act. Fallure to comply with this Section shall render the official or judge administratively liabic. SEC. 24. Transfer of Residence; New Application Needed, - If 0 petitioner who was granted a Permenent Protection Order under this Act ‘moves to a new residence outside of the territorial jurisdiction of the court that issucd of the PPO, the petitioner must-file anew application for a protection order with the court that has jurisdiction over the new residence. ‘The application shall include a certified trus copy of the previously obtained PPO,: The court shall automatically issue a new PPO with the same terms without conducting a new hearing. ‘Respondent shall be notified of the new protection order as specified in Section. 18 hereof, ow petitioner. previousty granted a Barangay Protection Order under this ‘Act has to ‘apply for a new Barangay Protection Order pursuant to Section 17:hereof if sho moves fo a ‘new residence outside the city or municipality whore she previously resided. ‘SEC. 25. Priority of Applications for a Protection Order..- Bx parte and adversarial - hearings to determine the basia of applications for a protection order under this, Act shall have 410 ul 12 13 14 1s 16 7 18 19 21 24 25 priority over all other proceedings. Barangay officials, Pangkat ng Tagapagkasundo and the courts shall schedule and conduct hearings on applications for a protection order under this Act above all other business and, if necessary, suspend other proceedings in order to. hear applications for a protection order: SEC. 26. Violation of Protection Orders. » A complaint for a violation of a Barangey Protection Order issued under this Act must be filed directly with any Municipal Trial Court, Metropolitan Trial Court, or Municipal Cirouit Trial Court that has territorial jurisdiction over the barangay that issued the BPO: Violation of @ BPO shall be punishable by imprisonment of fifteen (15) days without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed. A judgment of violation of a Barangay Protection Order may be appealed according to the Rules of Court, During trial and upon judgment, the trial court may motu proprio issue a protection order as it deoms necessary without noed of an application. Violation of any provision of a Temporary or Permanent Protection Order issued under this Act 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. 27. Defenses, - Being under the influence of alcohol, any illicit drug, or any other mind altering substance shall not be a defense in any prosecution under this Act: ‘SEC. 28. Damages. - Any person abused under Section 3 of this Act shall be entitled to actual, compensatory; moral and exemplary damages. SEC. 29. Hold Departure Order.- A court shall expedite the process of issuance of a hold depertare ordér in casos prosecuted under this Act. SEC. 30. Barangay and Police Response to Abuse.” Police officers and barangay ‘officials shall respond immediately to every request for assistance or protection, from or on 1s 057Stal of vstin of ane, whether or not» protection order le betn issued agin the alleged: abuser. A shout for: help, ties or commotion shall constitute’ a: request for ‘etitinee If BPO, TPO or PPO isin eff, the responding poise offer or harmgay ofTclal must enforce the provisions of suc order. A police officer or barangay oftcal who “Ponds 10° request for assistance shall use all reasonable means to protect and prevent further violence against the woman and eay faenily or houschold member including but not limited to: © siving the woman and the family or household member immediate and adequate ‘notice ofthe rights and remedies provided under this Act, and services available to vitime of abuse; (©) taking the necessary action to provide for the safety of the woman and family or houschold member, (© confiscating any weapon involved in the alleged abuse; (A) ‘transporting or obtaining. transportation for the woman and any family or household member to a shelter; (©) assisting the woman and any family or houschoid member in removing essential personal effects; © ‘assisting the woman and any family or houschold member in obtaining medical ‘treatment, including obtaining transportation to a mcdical facility; and. h) immediately making a report on the action taken. A police officer, barangay official who responds to a request for assistance may exter ~the dwelling where the abuse ‘allegedly is occurring cven. without the ‘consent of the inhabitants therein. No lability shall be inourved by the responding official in relation to that ‘entry if it is strictly to provide assistance, 1624 A police officer or barangay official who fails to respond to any sequest for assistance or protection from or on behalf of a victim shall be punished by a fine not less than 1,000 but not more than P3,000 or imprisonment for three months to six months, or both at the discretion of the court, SEC. 31. Arrest, - it shall'be mandatory for a police officer to arrest 2 suspected offender even without a warrant when any of the acts of abuso defined ‘by this Act is cocusring, or when he/she has personal knowledge that any sot of abuse has just occurred, and there is imminent danger to the life or limb of the woman or any family or household ‘member as defined in Section 3 herein. The law enforcement agent shall file the appropeiste charges. Any citizen may also make an arrest under the same circumstances as specified in the Preceding paragraph. SEC. 32. Healthcare Provider Response to Abuse. - Any healthcare provider, including, but not limited to, an attonding physician, nurse, clinician, barangay, healthworker, therapist or counselor, who suspects abuse or has been informed by a victim of the abuse’ shall: (@) properly document any of the victim's physical, emotional or psychological injuries, (©) properiy record any of his/her suspicions, observations, and circumstances of the examination or visit; (©) automatically provide th woman five of charge # medical certificate conccming ‘the cxamination or visit; (@) safeguard the records and make them available to the woman upon request at actual cost; and uy1 18 19 2 24 25 (©) provide the victim immediate and ‘adequate notice ofthe tights and remedica % Provided under this Act, and services available to victims of abuse. SEC. 33. Inter-Agency Councit On Violenee Against Women GACVAW). - in Pursuance of the above-mentioned policy, there is hereby established an inter-agency Council on Violence Against Women, hereinafter known as the Council, Which shall be ‘somposed of the following agencies: ) Department of Social Welfare and Development (DSWD), (©) National Commission on the Role of Fitipino Women (NCRFW); (©) Civil Service Commission (CSC); @) Commission on Human Rights (CHR); (©) Council for the Welfare of Children (CWC); ©) Department of Justice (DON); (@ Department of the Interior and Local Goverment (DILG); (h) Philippine National Police (PNP); @ Department of Health (DOH); @ Department of Education DepEd); ‘(&) Department of Labor and Employment (DOLE); © National Bureau of Investigation (NBD; and ‘These agencies are tasked to formulate programs and projects to eliminate VAW based on their mandates as well as develop capability-building programs for their employees 10 ‘become more sensitive to the needs of their clients. ‘This Council will also serve as the ‘monitoring body as regards VAW initiatives. ‘Tho Council Members may designate their duly euthorized representative who shall hhave a rank not lower than an Assistant Secretary or its equivalent. These representatives shall attend Council meetings in their behalf, and shall receive emoluments as’ may be 05916 7 18, 2 22 23 060 determined by the Council in accordance with existing budget and accounting rules and regulations, SEC. 34. Implementing rules and puidelines. - Within six (6) months from the approval of this Act, a task force composed of representatives of the Supreme Court the Department of Social Welfare and Development, the Department of Justice, the Department of the Interior and Local Government, the Department of Health, the National Commission on the Role of Filipino Women, and the Philippins National Police, and three, (3) representatives from non-governmental organizations working.on, domestic violence cases shall formulate rules or guidelines as may be necessary for the proper implementation and enforcement of this Act. This shall include developing protocols and training programs for all agencies and public officers concerned. ‘The task force shall also develop a public information and education program on abuse of women in intimate relationships. The task force shall be headed by the representative of the Supreme Cour, ‘The task force shall periodically review and, if necessary, revise the implementing rules or guidelines provided for under this Act. SEC. 35. Separabitity Clause. - If any part, section or provision of this Act is declared invalid or unconstitutional, the other parts or provisions thereof not affected thereby shall remain in full force and effect. SEC. 36. Repeating Clause. ~ All laws, acts, presidential decrees, executive orders, ‘administrative orders, rules or regulations inconsistent with or contrary to this Act are decmed amended, modified or repealed accordingly. : SEC. 37. Effectivity Clause. - This Act shall take cffect fiftcen (15) days after completion of its publication in at least two (2) newspapers of ae circulation. Approved. 1910 1 12 13 14 16 16 17 18 19 20 21 22 061 %. the circumstances of the disclosure of the abuse suffered by the vietim; and, b. the circumstances of consent; or lack thereof, given by the victim for the filing of the application. service of process. An application for a Protection Order filed with a Court shall be considered an application for both a Temporary Protection Order and Permanent Protection Order. SEC, 14, Transfer of Residence; New Application Needed. - A Petitioner previously granted a Barangay Protection Order under this Act has to spply for a new Barangay Protection Order if she or he moves to a new residence outside the city or municipality where she or he previously resided, When a Protection Order has been issued by a Court of competent jurisdiction, and the Person in whose favor it is issued transfers to a place outside the court’s jurisdiction, the person may still have the order enforced by filing a petition before a court in the place where the Person transferred. The petition to enforee the order shall include a copy of the previously obtained protection order. Respondent shall be notified of new Protection Order issued. 1510 a 12 13 14 15 16 17 18 20 21 22 SEC. 15. Standard Protection Order. - The content of a standard application form for PO shall include, but is not limited to, the following information: a. names and addresses of petitioner and respondent; b. description of relationship between petitioner and respondent as specified in Section 4 of this Act; €. a'statement of the circumstances and the nature of abuse; . description of the reliefs requested by the petitioner as specified in Section 11 herein; @. request for counsel and reasons; f. request for waiver of application fees until hearing; and, 9. an attestation that there is no pending application for a Protection Order in another Court, SEC. 16. Legal Representation of Applicants for A Protection Order. - If a petitioner for a Protection Order requests for the appointment of counsel because of lack of economic means to hire a counsel de parte, the Court shall immediately direct the Office of the Public Prosecutor having jurisdiction to represent the petitioner in the hearing on the application sought. The applicant who cannot afford to hire the services of a private counsel or her or his lack of access to family or conjugal resources such as when the same are controlled by the abuser shall qualify her or him to legal representation by the Department of Justice (DOJ), or the Office of the Public Prosecutor, or the Public Attorney's Office. 16 06210 1 12 13 4 15 16 17 18 19 20 21 22 23 17,10 W 12 18 4 16 16 18 19 20 21 22 28 24 eae : 064 Seven (7) days from the date of referral and within the fifteen (15)-day effectivity period of the ex parte BPO. Notice of the hearing shall be’given to both parties. Subsequent toa hearing on the merits of the application, the Pangkat ng Tagapiagkastindo may extend a BPO that grants relief under Section 11 (a) permanently, or under Section) 11 (@) for a period of six (6) months. The issuance of a BPO shall not preclude any applicant from applying or receiving a subsequent BPO ‘concerning the same matter. SEC. 19. Temporary, Protection Orders, - A Temporary Protection Order (TPO) is issued by a Court prior to the issuance of a Permanent Protéetion Order (PPO) and is based on an application under Section 11 herein: A Court that receives. an application for a Protection Order shall iseue a ‘TPO on the date of filing of the application after ex parte determination. that the same has, valid basis, The TPO shall be effective for thirty (30) days. Thé Court shall schedule a hearing on the issuance of a PPO prior to'or on the date of thé expiration of the TPO. The Court shall order the immediate personal éervice of ‘he TPO on respondent by the Court Sheriff who may obtain the assistance of law enforcement agents for the service. The TPO shall include notice of the date of the hearing on the merits of the issuance of a PPO. SEC. 20. Permanent Protection Orders, - Permanent Protection Orders (PPOs) may be issued only by the Courts and only: after notice ‘and hearing. Respondent's non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his lawyer shall not be a ground for rescheduling or 1810 1 12 13 4 15 16 17 18 19 20 21 22 23 ‘The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one (1) day. The PPO shall remain valid for the duration of the case: Provided, however, that the PPO may be modified by the Court as may, be necessary or applicable to address the needs of the applicant, ‘The Court may grant any, some or all of the reliefs specified in Section 11 hereof in a PPO. A PPO shall. be effective until ‘revoked by a Court upon application of the person in whose favor the order was issued.'The Court shall ensure immediate personal service of the PPO on respondent as specificd herein, ‘The Court shall not deny an applicant relief equested pursuant to Section 11 solely on the basis of the lapse of time between the act of abuse, defined Pursuant to Section 4 herein, and the filing of the application, Regardless of the conviction or acquittal of the respondent, the Court must. determine whether or not the PPO shall become final. Even ‘in a dismissal, a PPO shall be granted as long as there is no clear showing that the act from which the order might arise did not exist. 19i 10 il 12 13 4 15 16 17 18 19 20 21 22 23 24 066 Failure to act on an application for a Protection Order within. the reglamentary period specified in the previous sections without justifiable cause shall render the official or Judge administratively liable, SEC. 21. Mutual Protection Orders Prohibited. - No order for Protection of the offender or respondent may be granted by a Punong Barangay, Pangkat ng Tagapagkasundo and the Courts. SEC4 2% Prohibited Acts. - A Punong Barangay, Pangkat ng ‘Tagapagkasundo or the Court hearing an application for a Protection Order shall not onder, 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 pplication for Protection Order under this Act. Section 7 of the Family Courts Act of 1997 and Sections 410, 411, 412 and 418 of the Local Government Code of, 1991 shall not apply in proceedings where reliof is sought under this Act. Failure to comply with this Section shall render the official or Judge administratively liable. SEC. 28. Priority Action on Application for A Protection Order. « Hearings on applications for a Protection Order under this Act shall have Priority over all other proceedings. Barangay officials, Pangkat ng Tagapagkasundo and the Courts shall schedule and conduct hearings on applications for a Protection order under this Act above all other business and, if necessary, suspend other Proceedings in order to hear applications for a Protection Order, Respondents shall be notified of the issuance of a Protection Order. Sec. 24. Violation of Protection Orders. - A complaint for a violation of 2 Barangay Protection Order issued under this Act shall be filed directly with any 2010 ul 12 18 14 15 16 17 18 19 20 21 22 23 2110 cet 12 13 14 16 20 21 22 23 24 A judgment of violation of a Protection Order may be appealed according to the Rules of Criminal Procedure, During trial and upon judgment, the Court may motu proprio issue a Protection Order as it deems necessary. ' SEC. 25, Rights of Victims. - During the pendency of the case, a victim of domestic violence shall have the following rights in addition to those provided by existing applicable laws: &. availment of protection and legal assistance by the Department of Justice, the Office of the Public Prosecutor, or the Public Attorney's Office; b. support services provided by the Department of Social Welfare and Development (DSWD) or assistance of NGOs for victims of violence: and, ©. alll legal remedies and support as provided for under Arts. 194, 195, 198, 201, 202 and 203 of the New Family Code, Any person abused under Section 4 of this Act shall be entitled to actual, contpensatory, moral and exemplary damages. SEC. 26. Damages. - Any person abused under Section 4 of this Act shall be entitled to actual, compensatory, moral and exemplary damages. SEC. 27. Hold Departure Order. - & hold departure order shall be issued immediately by the Court against the respondent under this Act. SEC. 28 Barangay and Police Response to Abuse. - Police officers and barangay officials shall immediately respond to every request for assistance or protection, from or on behalf of a victim of abuse, whether or not a Protection Order has been issued against the abuser. A shout for help, cries or a commotion shall constitute'a request for assistance. If'a BPO, TPO or PPO is in effect, the responding police officer or barangay official must enforce the provisions of such 22 06so> x o 10 i 12 13 4 15 16 17, 18 19 20 21 23 24 family or household member; ®. confiscating any weapon involved in the abuse; medical treatment, including obtaining transportation to a medical facility; and, f. immediately making a report on the action taken, SEC. 29. Reaponse to Domestic Violence. - A police officer or barangay by the police as indicating a need for immediate response: 2 & the caller indicates that violence is imminent or in progress; b. a Protection Order is in effect; or, 2310 11 12 13 14 15 16 17 18 19 20 aL 22 23 » ©. the caller indicated that incidents of domestic violence have occurred previously between the parties. A police officer or barangay official who fails to respond to any request for assistance or protection from or on behalf of a victim shall be punished by a fine of not Jess than P5,000.00 but not more than P10,000.00.and imprisonment of six months to one year, at the discretion of the Courts, SEC4 30, Special: Prosecution Units. - ‘The Department of Justice is hereby directed to establish special units that shall handle complaints of domestic violence as defined in this Act, and the prosecution thereof. SEC. 31. Support Services. - The Department of Social Welfare and Development (DSWD) shall establish temporary shelters, and provide counseling, healing, recovery and rehabilitation programs for victims including survivors of domestic violence. The Department of Health (DOH) shall provide medical assistance to victims or survivors of domestic violence. SEC. 82. Counseling and Treatment of Offenders, - The DSWD shall provide rehabilitative counseling and treatment to offenders and abusers towards learning constructive ways of coping with anger and emotional outbursts and reforming their ways. When necessary, the offender shall be ordered by the Court to submit to psychiatric treatment or confinement. SEC, 38. Training of Persons Involved in Responding to Domestic Violence Cases.- All persons involved in responding to domestic violence cases shall be required to undergo education and training to acquaint them with: ‘a. the nature, extent and causes of domestic violence: 24 07010 AL 12 13 14 15 16 17 18 19 20 21 23 24 O71 b. the‘legal rights of, and Temedies available to, victims of domestic violence; ©. the services and facilities available to victims or survivors; 4. the legal duties imposed on police officers. to make arrest and to offer Protection and assistance; and, ©. techniques for handling incidents of domestic violence that minimize the likelihobd gf injury to the officer and promote the safety of the victim or survivor. ‘The Philippine National Police (PNP) in coordination with LGUs shall sstablish an education and training program for police officers and barangay officials to enable them to properly handle domestic violence cases. The National Commission on the Role of Filipino women (NCRFW) shall formulate and implement regular training programs designed to equip government officials, including police officers, prosecutors, judges and barangay officials with gender- sensitive skills for the prosecution and effective litigation of domesti¢\ violence cases. SEC, 34. Domestic Violence Protocol, - The PNP is hereby directed to adopt a written protocol establishing written guidelines ‘and procedures to be followed by police officers in responding to domestic violence calls. SEC. 85. Mandatory Reporting. - ‘The head of a\public or private hospital, medical clinic or similar institution, as well as the attending physician or nurse, clinician, barangay health worker, therapist or counselor shall make a report of the examination or treatment of a complaint of domestic violence within 48 hours to the nearest police station. 2810 it 12 13 14 16 17 18 rt) 20 21 22 23 24 . The.public officer.or employee to whom said domestic violence case was reported or revealed in the course of performance of official duty shall immediately report the incident to the proper authorities. In all cases, a report shall be made to any law enforcement agency within forty-eight (48) hours from knowledge of the same. Whereupon, investigation shall immediately follow. The DSWD shall assign a social worker to verify incidents of Wolehee ana file « petition for Protection Order, if such is warranted by the case. Any person who fails to report the incident as required herein shall be liable for a fine not exceeding ten thousand (P10,000.00) pesos. Whenever applicable, criminal or administrative charges may also be filed. Sec. 36. Implementing Rules and Guidelines. - Within six (6) months from the approval of this Act, the Department of Social Welfare and Development in coordination with the Department of Justice, the Department of the Interior and Local Government, the Department of Health, the National Commission on the Role of Filipino Women, and the Philippine National Police shall formulate rules and guidelines as may be necessary for the proper implementation and enforcement of this Act. This shall include developing protocols and training programs for all agencies and public officers concerned and a public information and education program on domestic violence. The implementing rules and guidelines provided for under this Act shall be reviewed periodically, and revised, ‘if necessary. SEC. 87. Suppletory Application. — For purposes of this Act, the Revised Penal Code and other applicable laws, shall have suppletory application. 26 07210 u Approved, 27