Barangay Protection Order

Barangay Protection Order "May I know the rules on venue of applications for Barangay Protection Order? The reason is that when I referred my sister’s concern to our barangay (village) in order to apply for a protection order, it refused to grant our application. It claimed that it was the barangay where the respondent resides which has jurisdiction. To my mind, it is quite confusing, after all, the applicant who is in danger, is a resident of their area. Please enlighten us.Alex Dear Alex,The answer to your query is clearly found in the provisions of Republic Act (RA) 9262, otherwise known as the “Anti-Violence Against Women and Their Children Act of 2004.” Succinctly, Section 10 of the law provides: “SECTION 10. Where to Apply for a Protection Order. — Applications for BPOs shall follow the rules on venue under Section 409 of the Local Government Code of 1991 and its implementing rules and regulations. An application for a TPO or PPO may be filed in the regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial court with territorial jurisdiction over the place of residence of the petitioner: Provided, however, That if a family court exists in the place of residence of the petitioner, the application shall be filed with that court.” (Emphasis supplied)Consequently, Section 41 of AM 04-10-11-SC, commonly referred to as the “Rule on Violence Against Women and Their Children,” dictates: “BARANGAY PROTECTION ORDER“SECTION 41. Venue. — Applications for barangay protection orders shall observe the following rules on venue: “(a) where the parties reside, in the same barangay, the dispute shall be brought forsettlement in said barangay“(b) where the parties reside in different barangays in the same city or municipality, the dispute shall be settled in the barangay where the respondent or any one of the respondents actually resides, at the choice of the complainant“(c) disputes arising at the workplace where the contending parties are employed or at the institution where such parties are enrolled for study, shall be brought in the barangay where such workplace or institution is located and “(d) any objection relating to venue shall be raised before the Punong Barangay during the proceedings before him. Failure to do so shall be deemed a waiver of such objections.” (Emphasis supplied)Applying the foregoing, a Barangay Protection Order pursuant to the provisions of RA 9262 must be applied in the barangay where the respondent resides if the parties are residents of different villages in the same city or municipality. Thus, the barangay was correct in referring the matter to the barangay where the alleged respondent in your query resides.We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/