As defined under Republic Act (RA) 9262, also known as the Anti-Violence Against Women and Their Children Act, victims of violence can be granted a protection order to shield them from more harm, minimize any disruption in their daily life, and let them independently regain control over their life.
One of these protection orders is a Temporary Protection Order or TPO.
What is a TPO?
A TPO is a protection order issued by the court on the date of filing. This can be issued without the offender being notified or present during the hearing. Once an application for a protection order is filed with a court, it is considered an application for both a TPO and a Permanent Protection Order (PPO).
Petitions for protection orders may be submitted by:
- The offended party
- The offended party’s parents or guardians
- Close relatives, descendants, or collateral relatives that are within the fourth civil degree of consanguinity or affinity
- Local Government Unit officers or social workers
- Police officers, more likely those in charge of the women and children’s desk
- Barangay Captain and Barangay Councilor
- Healthcare provider of the petitioner, their lawyer, counselor, or therapist
- At least two concerned responsible citizens of the city or municipality where the violence against women and their children occurred and who have personal knowledge of the committed offense
After the issuance of the TPO, the court sheriff will execute the order. Court sheriffs may get the assistance of law enforcement agents when executing the order.
A court can grant a TPO that will be effective for 30 days. The court will schedule a hearing on the issuance of a PPO prior to or on the date the TPO expires.
How do I submit a petition for a TPO?
The standard protection order application forms are written in English, with corresponding translations in the major local language. When submitting a petition for a TPO, it should contain the following information:
- Names and addresses of the petitioner and respondent
- Description of relationships between petitioner and respondent
- A statement of the circumstances of the abuse
- Request for counsel and reasons for such
- Request for waiver of application fees until hearing
- Confirmation that there is no other pending application for a protection order in another court
The TPO application must have an affidavit attesting to the circumstances of the abuse suffered by the victim and the circumstances of consent given by the victim for the filing of the application if the applicant is not the victim.
What is its jurisdiction?
All Temporary and Permanent Protection orders issued pursuant to RA 9262 are enforceable anywhere in the Philippines. Violation of this order is punishable with a fine ranging from P5,000 to P50,000 and/or imprisonment of six months.
If you want to know more about other types of protection orders, contact Duran & Duran-Schulze Law at (+632) 478 5826 or send an email to [email protected] for more information.