Briefer on Temporary Protection Order (TPO) and Permanent Protection Order (PPO)

There’s an increased interest on Temporary Protection Orders (TPO) and Permanent Protection Orders (PPO) brought about by a court order issued in favor of Kris Aquino against James Yap, in their battle over Baby James (Bimby). It’s surprising that many individuals are clueless about TPOs and PPOs considering that these remedies have been around for quite some time. These remedies have been invoked quiet extensively, at least from the cases we’ve handled. Anyway, let’s have a primer on TPOs and PPOs.

What is a Protection Order?

It is an order issued by the court to prevent further acts of violence against women and their children, their family or household members, and to grant other necessary relief. Its purpose is to safeguard the offended parties from further harm, minimize any disruption in their daily life and facilitate the opportunity and ability to regain control of their life.

What are the reliefs available in a Protection Order?

The protection order, whether a a Temporary Protection Order (TPO) or Permanent Protection Order (PPO), shall include any, some or all of the following reliefs:

  1. Prohibiting the respondent from threatening to commit or committing, personally or through another, acts of violence against the offended party.
  2. Prohibiting the respondent from harassing, annoying, telephoning, contacting or otherwise communicating in any form with the offended party, either directly or indirectly.
  3. Removing and excluding the respondent from the residence of the offended party, regardless of ownership of the residence, either temporally for the purpose of protecting the offended party, or permanently where no property rights are violated. If the respondent must remove personal effects from the residence, the court shall direct a law enforcement agent to accompany the respondent to the residence, remain there until the respondent has gathered his things and escort him from the residence.
  4. Requiring the respondent to stay away from the offended party and any designated family or household member at a distance specified by the court.
  5. Requiring the respondent to stay away from the residence, school, place of employment or any specified place frequented regularly by the offended party and any designated family or household member.
  6. Directing lawful possession and use by the offended party of an automobile and other essential personal effects, regardless of ownership, and directing the appropriate law enforcement officer to accompany the offended party to the residence of the parties to ensure that the offended party is safely restored to the possession of the automobile and other essential personal effects.
  7. Ordering temporary or permanent custody of the child/children with the offended party, taking into consideration the best interests of the child. An offended party who is suffering from Battered Woman Syndrome shall not be disqualified from having custody of her children. In no case shall custody of minor children be given to the batterer of a woman who is suffering from Battered Woman Syndrome.
  8. Directing the respondent to provide support ‘o the woman and/or her child, if entitled to legal import. Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or salary of the respondent to be withheld regularly by his employer and to automatically remit it directly to the offended party. Failure to withhold, remit or any delay in the remittance of support to the offended party without justifiable cause shall render the respondent or his employer liable for indirect contempt of court.
  9. Prohibiting the respondent from carrying or possessing any firearm or deadly weapon and ordering him to surrender the same to the court for appropriate disposition, including revocation of license and disqualification to apply for any license to carry or possess a firearm. If the respondent is .a law enforcement agent, the court shall order him to surrender his firearm and shall direct the appropriate authority to investigate him and take appropriate action thereon.
  10. Directing the DSWD or any appropriate agency to prepare a program of intervention for the offended party that provides advocacy, temporary shelter, crisis intervention, treatment, therapy, counseling, education, training and other social services that the offended party may need.
  11. Requiring the respondent to receive professional counseling from agencies or persons who have demonstrated expertise and experience in anger control, management of alcohol, substance abuse and other forms of intervention to stop violence. The program of intervention for offenders must be approved by the court. The agency or person is required to provide the court with regular reports of the progress and result of professional counseling, for which the respondent may be ordered to pay.
  12. Awarding the offended party actual damages caused by the violence inflicted, including, but not limited to, property damage, medical expanses, childcare expenses and loss of income; and compensatory, moral, and exemplary damages, subject to Sections 26a and 35 of this Rule.

The court may grant such other forms of relief to protect the offended party and any designated family or household member who consents to such relief.

What is a Temporary Protection Order (TPO)?

It refers to the protection order issued by the court on the filing of the application and after ex parte determination of its need. It may also be issued in the course of a hearing, motu proprio or upon motion.

The TPO may be issued ex parte (without notice to the other party). If the court is satisfied from the verified allegations of the petition that there is reasonable ground to believe that an imminent danger of violence against women and their children exists or is about to recur, the court may issue ex parte a TPO.

What is the duration of the ex parte TPO?

The TPO issued by the court without notice to the other party is effective for 30 days from service on the party or person sought to be enjoined.

What are the other contents of the ex parte TPO?

The TPO shall include notice of the date of the preliminary conference and hearing on the merits. The following statements must be printed in bold-faced type or in capital letters on the protection order issued by the court:

VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW.

IF THE RESPONDENT APPEARS WITHOUT COUNSEL ON THE DATE OF THE PRELIMINARY CONFERENCE AND HEARING ON THE MERITS ON THE ISSUANCE OF .A PERMANENT PROTECTION ORDER, THE COURT SHALL NOT RESCHEDULE OR POSTPONE THE PRELIMINARY CONFERENCE AND HEARING BUT SHALL APPOINT A LAWYER FOR THE RESPONDENT AND IMMEDIATELY PROCEED WITH SAID HEARING.

IF THE RESPONDENT FAILS TO APPEAR ON THE DATE OF THE PRELIMINARY CONFERENCE AND HEARING ON THE MERITS DESPITE PROPER NOTICE, THE COURT SHALL ALLOW EX PARTE PRESENTATION OF EVIDENCE BY THE PETITIONER AND RENDER JUDGMENT ON THE BASIS OF THE PLEADINGS AND EVIDENCE ON RECORD. NO DELEGATION OF THE RECEPTION OF EVIDENCE SHALL BE ALLOWED.

What is a Permanent Protection Order (PPO)?

It refers to the protection order issued by the court after notice and hearing.

What is a Barangay Protection Order (BPO)?

It refers to the protection order issued by the Punong Barangay, or in his absence the Barangay Kagawad, ordering the perpetrator to desist from committing acts of violence against the family or household members particularly women and their children under Sections 5a and 5b of R.A. No. 9262.

To be continued. To read more about the topic, feel free to read the full text of the Rule on Violence Against Women and Children (A.M. No. 04-10-11-SC) and Republic Act No. 9262, also known as Anti-Violence Against Women and Their Children Act of 2004.”

15 comments

  1. is tpo an available remedy in child abuse cases (RA 7610) where the mother of the child is the accused and the child is the one praying for protection?

  2. Thank you for this article. However, I have additional query though. Could you please expound on what could be the grounds for filing TPO please? I am 35wks pregnant, and I have been though psychological stress throughout my pregnancy. I have found that my partner cheated on me several times during my pregnancy. Now I have come to the point when I couldn’t take in this situation anymore. I want him to stay away from me as far as possible. Could this count as a valid reason for filing TPO? Hope you could email me back asap. Thanks again and I wish you well.

  3. I would like to ask as to what should be included or is there a format for the application for the TPO? or is there an application form to be filled out?

  4. atty. ask ko lng po kung puede kaming my file ng child abuse s mga babae my edad ng 40 and 21 year old dahil pinopokpok ng plastic bottle s ulo, minura, eneskandalo, tinulak ang mga batang my edad 13 and 14 years old.

  5. Hi. I hope someone could help me.

    Can one avail of the temporary protection order through a motion incidental from a criminal case, not a petition? And second, does the motion still need a verification?

    Thank you.

  6. Good day what do i need to do to get restraining order agains my parents inlaw .. Last night they came to our lot with plan to kill me .. N ended up argue n fighting my wife . beat her kick her pull her hair n also beat her with umbrella .. N mother kick our door scream n shout at me came inside the house broke my kitchen table .. Scared hell out our little 3 year old daughter .. N i notice father walking to the house with 3 feet long bamboo stick around 4 inch wight . n hide behind the wall where our front door is waiting till i would come out so he could beat me to death i stood my ground n call the police .. The parents have minishop on our lot n father have come 2 times to day heavly armd .. I dont feel safe here .. Police told me do nothing just contact them if he try something .. To .. Police just talk to them finish nothing is happening i want to get restraining order against them .. Can someone plz help us in this

  7. Good day!
    Ako po ay sa kasalukuyan nakatago dahil sa takot na papatayin ako ng aking asawa. Akoy isang battered wife for 20 years at ang mga anak ko ay nasilayan nila ang terror and violence at home. Ang mga anak ko ngayon ay nasa kanilang lolo at lola. Hanggan ngayon ay hinahanap ako.ng asawa ko at binabantaan na patayin. Muntik na,akong mabulag nong huling nakita ako ng asawa ko dahil tinusok niya ang aking mga mata. Pati mga magulang ko ay walang puwang niyang binan taan, at mga kapatid ko palaging hin harass sa social.media. Gusto ko.ng umuwi sa aking mga anak pero hindi ko kaya dahil sa matinding takot. Ang asawa ko.po ay isa drug addict.
    Akoy takot na takot na kahit paglabas ng bahay ay takot ako, sumusuka dahil sa takot.
    Ini report na namin pero walang magawa daw ang police kasi kailangan ng certificate from barangay captain. Pero hindi naman makabigay ang barangay kasi palipat lipat ng address ang asawa ko at hindi ma serve ang summons.
    Magpapasalamat sa inyong maibigay na tulong.

  8. My 27 year old nephew who is unemployed since forever dropped out from three colleges and one vocational school.He refuses to help in the house hold chores and steas l from the house. Plays th computer out of the house for 16 hours a day.sleeps all morning.

    Is there a way to get a court order that will restrain him from coming to our house? He is the son of my sister who abandoned him since he was 10 years old.

  9. Good day,

    Would like to know if an adult man can file for a protection order too? We have this problem with a cousin of mine. He’s been separated from his wife, although not legally, and been harassing her since they separated. He keeps on asking money from her saying that she should be able to provide since her family has an internet shop and a money lending business.

    There was an incident years ago that he pointed a gun to his wife and mother-in-law at the said internet shop. My mother was called to calm him down but he pointed the gun at my mother. This would have been a criminal case I know but my grandfather insisted that one should not be filed against him. My grandparents were the ones who practically raised him together with his twin and up to this day are very lenient when it comes to the twins.

    The incident, however, resulted in him being banned from entering the subdivision of the wife and children, the same subdivision where his in-laws reside. This was mainly due to the fact that he’d take his youngest child without the mother’s permission. However, he is free to harass the wife outside the premises of the subdivision. Today he is still doing this and been bugging my mom to lend him some money for his botox treatment to remove the twitching of his eyes. I would want to apply a protection order for my mom but there is a big chance she would not agree to it because she too is lenient when it comes to the twins. It should also be mentioned that our grandparents are with us.

    I am a man and I would like to know if a protection order is applicable to me. I wanted to protect not only my mom, my siblings but also my grandparents. He’s been coming to the house from time to time trying to obtain money from my grandparents and will gamble it away. He is a deranged man. He is not physically abusive but he is psychologically manipulative. A week after the gun pointing incident he came to our house as if nothing happen and I fear that another incident will happen soon based on what it happening during the last few days.

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