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:
- Prohibiting the respondent from threatening to commit or committing, personally or through another, acts of violence against the offended party.
- Prohibiting the respondent from harassing, annoying, telephoning, contacting or otherwise communicating in any form with the offended party, either directly or indirectly.
- 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.
- Requiring the respondent to stay away from the offended party and any designated family or household member at a distance specified by the court.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.”