Temporary protection order

Temporary protection order "Is the issuance of a protection order in cases for violation against women conditioned upon the prior issuance of a Barangay Protection Order? In the situation of my sister, her case for physical violence was already pending in court. However, somebody informed her that she should have first sought a Barangay Protection Order before the same can be granted.Ana Dear Ana,The answer to your question is no. The law, specifically Republic Act (RA) 9262, otherwise known as the “Anti-Violence Against Women and Their Children Act of 2004,” is devoid of provisions regarding the alleged condition or step before a Protection Order may be filed and issued. Pertinently, as aptly applied in the factual circumstances that you narrated, since the Protection Order arose from a pending criminal case, the same may be filed as one of the incidental reliefs from such criminal case. In your query, the criminal case for physical violence serves as the main case wherein the incidental relief of Temporary Protection Order may be filed and issued. Succinctly, Section 11 of RA 9262 dictates:“SECTION 11. 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 or as incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a violence as described in this Act. xxx.” (Emphasis supplied) In fact, Section 33 of AM 04-10-11-SC, otherwise known as the “Rule On Violence Against Women and Their Children,” provides that a petition for protection order is deemed instituted with the criminal action for physical violence, unless the offended party reserves the right to institute it separately, viz:“SECTION 33. When petition may proceed separately from or be deemed instituted with criminal action. - (a) An offended party may file a petition for protection order ahead of a criminal action arising from the same act. The same shall proceed separately from the criminal action and shall require only a preponderance of evidence. Upon motion of the petitioner, the court may consolidate the petition with the criminal action. “(b) Where the offended party chooses to file a criminal action, the petition for protection order is deemed instituted with the criminal action, unless the offended party reserves the right to institute it separately.” (Emphasis supplied)Thus, applying the foregoing, it must be clear by now that the issuance of a Barangay Protection Order is not a condition before you may file a petition for Protection Order in a criminal case for physical violence under RA 9262.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/