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9516 explosive or incendiary character of the

December 22 device.
Amending Section 3 and 4 of PD 1866
"Provided, however, That a temporary,
AN ACT FURTHER AMENDING THE incidental, casual, harmless, or transient
PROVISIONS OF PRESIDENTIAL DECREE possession or control of any explosive or
NO. 1866, AS AMENDED, ENTITLED incendiary device, without the knowledge of
CODIFYING THE LAWS ON its existence or its explosive or incendiary
ILLEGAL/UNLAWFUL POSSESSION, character, shall not be a violation of this
FIREARMS, AMMUNITION OR "Provided, Further, That the temporary,
EXPLOSIVES OR INSTRUMENTS USED incidental, casual, harmless, or transient
IN THE MANUFACTURE OF FIREARMS, possession or control of any explosive or
AMMUNITION OR EXPLOSIVES, AND incendiary device for the sole purpose of
IMPOSING STIFFER PENALTIES FOR surrendering it to the proper authorities
CERTAIN VIOLATIONS THEREOF, AND shall not be a violation of this Section.
"Provided, finally, That in addition to the
Be it enacted by the Senate and House of instances provided in the two (2)
Representatives of the Philippines in immediately preceeding paragraphs, the
Congress assembled: court may determine the absence of the
intent to possess, otherwise referred to as
Section 1. Section 3 of Presidential Decree 'animus possidendi", in accordance with the
No. 1866, as amended, is hereby further facts and circumstances of each case and the
amended to read as follows: application of other pertinent laws, among
other things, Articles 11 and 12 of the
"Section 3. Unlawful Manufacture, Sales, Revised Penal Code, as amended."
Acquisition, Disposition, Importation or
Possession of an Explosive or Incendiary Section 2. Section 4 of Presidential Decree
Device. - The penalty of reclusion perpetua No. 1866, as amended, is hereby further
shall be imposed upon any person who shall amended to read as follows:
willfully and unlawfully manufacture,
assemble, deal in, acquire, dispose, import "SEC 3-A. Unlawful Manufacture, Sales,
or possess any explosive or incendiary Acquisition, Disposition, Importation or
device, with knowledge of its existence and Possession of a Part, Ingredient, Machinery,
its explosive or incendiary character, where Tool or Instrument Used or Intended to be
the explosive or incendiary device is capable Used for the Manufacture, Construction,
of producing destructive effect on Assembly, Delivery or Detonation. - The
contiguous objects or causing injury or penalty of reclusion perpetua shall be
death to any person, including but not imposed upon any person who shall willfully
limited to, hand grenade(s), rifle grenade(s), and unlawfully manufacture, assemble, deal
'pillbox bomb', 'molotov cocktail bomb', 'fire in, acquire, dispose, import or possess any
bomb', and other similar explosive and part, ingredient, machinery, tool or
incendiary devices. instrument of any explosive or incendiary
device, whether chemical, mechanical,
"Provided, That mere possession of any electronic, electrical or otherwise, used or
explosive or incendiary device shall be intended to be used by that person for its
prima facie evidence that the person had manufacture, construction, assembly,
knowledge of the existence and the delivery or detonation, where the explosive
or incendiary device is capable or is
intended to be made capable of producing application of other pertinent laws, among
destructive effect on contiguous objects or other things, Articles 11 and 12 of the
causing injury or death to any person. Revised Penal Code, as amended."

"Provided, That the mere possession of any Section 3. Insert a new Section 3-B, 3-C, 3-
part, ingredient, machinery, tool or D, 4, 4-A, 4-B, 4-C, 4-D, 4-E, 4-E and 4-F in
instrument directly used in the Presidential Decree No. 1866 to read as
manufacture, construction, assembly, follows:
delivery or detonation of any explosive or
incendiary device, by any person whose "SEC. 3-B. Penalty for the Owner, President,
business activity, or employment does not Manager, Director or Other Responsible
lawfully deal with the possession of such Officer of Any Public or Private Firm,
article shall be prima facie evidence that Company, Corporation or Entity. - The
such article is intended to be used by that penalty of reclusion perpetua shall be
person in the unlawful/illegal manufacture, imposed upon the owner, president,
construction, assembly, delivery or manager, director or other responsible
detonation of an explosive or incendiary officer of any public or private firm,
device. company, corporation or entity, who shall
willfully or knowingly allow any explosive or
"Provided, however, That a temporary incendiary device or parts thereof owned or
incidental, casual, harmless or transient controlled by such firm, company,
possession or control of any part, corporation or entity to be used by any
machinery, tool or instrument directly used person or persons found guilty of violating
in the manufacture, construction, assembly, the provisions of the preceding paragraphs.
delivery or detonation of any explosive or
incendiary device, without the knowledge of "SEC. 3-C. Relationship of Other Crimes
its existence or character as part, ingredient, with a Violation of this Decree and the
machinery, tool or instrument directly used Penalty Therefor. - When a violation of
in the manufacture, construction, assembly, Section 3, 3-A or 3-B of this Decree is a
delivery or detonation of any explosive or necessary means for committing any of the
incendiary device, shall not be a violation of crimes defined in the Revised Penal Code or
this Section. special laws, or is in furtherance of, incident
to, in connection with, by reason of, or on
"Provided, Further, That the temporary, occassion of any of the crimes defined in the
incidental, casual, harmless, or transient Revised Penal Code or special laws, the
possession or control of any part, penalty of reclusion perpetua and a fine
ingredient, machinery, tool or instrument ranging from One hundred Thousand pesos
directly used in the manufacture, (P100,000.00) to One million pesos
construction, assembly, delivery or (P1,000,000.00) shall be imposed.
detonation of any explosive or incendiary
device for the sole purpose of surrendering "SEC. 3-D. Former Conviction or Acquittal;
it to the proper authorities shall not be a Double Jeopardy. - Subject to the provisions
violation of this Section. of the Rules of Court on double jeopardy, if
the application thereof is more favorable to
"Provided, finally, That in addition to the the accused, the conviction or acquittal of
instances provided in the two (2) the accused or the dismissal of the case for
immediately preceeding paragraphs, the violation of this Decree shall be a bar to
court may determine the absence of the another prosecution of the same accused for
intent to possess, otherwise referred to as any offense where the violation of this
'animus possidendi', in accordance with the Decree was a necessary means for
facts and circumstances of each case and the committing the offense or in furtherance of
which, incident to which, in connection with approval: Provided, further, That his/her
which, by reason of which, or on occasion of immediate superior shall be penalized with
which, the violation of this Decree was prision correccional and a fine of not less
committed, and vice versa. than Ten thousand pesos (P10,000.00) but
not more than Fifty thousand pesos
"SEC. 4. Responsibility and liability of Law (P50,000.00) and in addition, perpetual
Enforcement Agencies and Other absolute disqualification from public office,
Government Officials and Employees in should he/she fail to notify the court of such
Testifying as Prosecution Witnesses. - Any order to transfer or reassign.
member of law enforcement agencies or any
other government official and employee "Prosecution and punishment under this
who, after due notice, fails or refuses, Section shall be without prejudice to any
intentionally or negligently, to appear as a liability for violation of any existing law.
witness for the prosecution of the defense in
any proceeding, involving violations of this "SEC 4-A. Criminal Liability for Planting of
Decree, without any valid reason, shall be Evidence. - Any person who is found guilty
punished with reclusion temporal and a fine of 'planting' any explosive or incendiary
of Five hundred Thousand pesos device or any part, ingredient, machinery,
(P500,000.00) in addition to the tool or instrument of any explosive or
administrative liability he/she may be incendiary device, whether chemical,
meted out by his/her immediate superior mechanical, electronic, electrical or
and/or appropriate body. otherwise, shall suffer the penalty of
reclusion perpetua.
"The immediate superior of the member of
the law enforcement agency or any other "Planting of evidence shall mean the willful
government employee mentioned in the act by any person of maliciously and
preceding paragraph shall be penalized with surreptitiously inserting, placing, adding or
prision correccional and a fine of not less attaching, directly or indirectly, through any
than Ten Thousand pesos (P10,000.00) but overt or covert act, whatever quantity of any
not more than Fifty thousand pesos explosive or incendiary device or any part,
(P50,000.00) and in addition, perpetual ingredient, machinery, tool or instrument of
absolute disqualification from public office any explosive or incendiary device, whether
if despite due notice to them and to the chemical, mechanical, electronic, electrical
witness concerned, the former does not or otherwise in the person, house, effects or
exert reasonable effort to present the latter in the immediate vicinity of an innocent
to the court. individual for the purpose of implicating
incriminating or imputing the commission
"The member of the law enforcement of any violation of this Decree.
agency or any other government employee
mentioned in the preceding paragraphs "SEC. 4-B. Continuous Trial. - In cases
shall not be transferred or reassigned to any involving violations of this Decree, the judge
other government office located in another shall set the case for continuous trial on a
territorial jurisdiction during the pendency daily basis from Monday to Friday or other
of the case in court. However, the concerned short-term trial calendar so as to ensure
member of the law enforcement agency or speedy trial. Such case shall be terminated
government employee may be transferred or within ninety (90) days from arraignment of
reassigned for compelling reasons: the accused.
Provided, That his/her immediate superior
shall notify the court where the case is "SEC. 4-C. Authority to Import, Sell or
pending of the order to transfer or reassign, Possess Chemicals or Accessories for
within twenty-four (24) hours from its Explosives. - Only persons or entities issued
a manufacturer's license, dealer's license or Sec. 5. Repealing Clause. - All laws, decrees,
purchaser's license by the Philippine orders, rules and regulations or parts
National Police (PNP)-Firearms and thereof inconsistent with the provisions of
Explosives Division may import any of the this Act are hereby repealed, amended, or
chemical or accessories that can be used in modified accordingly.
the manufacture of explosives or explosive
ingredients from foreign suppliers, or Sec. 6. Effecfivity. - This Act shall take effect
possess or sell them to licensed dealers or after fifteen (15) days following its
end users, as the case may be. publication in the Official Gazette or in two
(2) newspapers of general circulation.
"SEC. 4-D. Types of Chemicals/Accessories
Covered. - The chemicals and accessories REPUBLIC ACT No. 10707
mentioned in the preceding Section shall AN ACT AMENDING PRESIDENTIAL
exclusively refer to chlorates, nitrates, nitric DECREE NO. 968, OTHERWISE
acid and such other chemicals and KNOWN AS THE “PROBATION LAW
accessories that can be used for the OF 1976”, AS AMENDED
manufacture of explosives and explosive Be it enacted by the Senate and House of
ingredients. Representatives of the Philippines in
Congress assembled:
"SEC. 4-E. Record of Transactions. - Any SECTION 1. Section 4 of Presidential
person or entity who intends to import, sell Decree No. 968, as amended, is hereby
or possess the aforecited chemicals or further amended to read as follows:
accessories shall file an application with the “SEC. 4. Grant of Probation. — Subject to
chief of the PNP, stating therein the purpose the provisions of this Decree, the trial court
for which the license and/or permit is may, after it shall have convicted and
sought and such other information as may sentenced a defendant for a probationable
be required by the said official. The penalty and upon application by said
concerned person or entity shall maintain a defendant within the period for perfecting
permanent record of all transactions an appeal, suspend the execution of the
entered into in relation with the aforecited sentence and place the defendant on
chemicals or accessories, which documents probation for such period and upon such
shall be open to inspection by the terms and conditions as it may deem best.
appropriate authorities. No application for probation shall be
entertained or granted if the defendant has
"SEC. 4-F. Cancellation of License. - Failure perfected the appeal from the judgment of
to comply with the provision of Section 4-C, conviction: Provided, That when a judgment
4-D and 4-E shall be sufficient cause for the of conviction imposing a non-probationable
cancellation of the license and the penalty is appealed or reviewed, and such
confiscation of all such chemicals or judgment is modified through the
accessories, whether or not lawfully imposition of a probationable penalty, the
imported, purchased or possessed by the defendant shall be allowed to apply for
subject person or entity." probation based on the modified decision
before such decision becomes final. The
Sec. 4. Separability Clause. - If, for any application for probation based on the
reason, any provision of this Act is declared modified decision shall be filed in the trial
to be unconstitutional or invalid, the other court where the judgment of conviction
Sections or provisions thereof which are not imposing a non-probationable penalty was
affected thereby shall continue to be in full rendered, or in the trial court where such
force and effect. case has since been re-raffled. In a case
involving several defendants where some
have taken further appeal, the other
defendants may apply for probation by “The final discharge of the probationer shall
submitting a written application and operate to restore to him all civil rights lost
attaching thereto a certified true copy of the or suspended as a result of his conviction
judgment of conviction. and to totally extinguish his criminal
“The trial court shall, upon receipt of the liability as to the offense for which
application filed, suspend the execution of probation was granted.
the sentence imposed in the judgment. “The probationer and the probation officer
“This notwithstanding, the accused shall shall each be furnished with a copy of such
lose the benefit of probation should he seek order.”
a review of the modified decision which SECTION 4. Section 24 of the same Decree
already imposes a probationable penalty. is hereby amended to read as follows:
“Probation may be granted whether the “SEC. 24. Miscellaneous Powers of
sentence imposes a term of imprisonment Regional, Provincial and City Probation
or a fine only. The filing of the application Officers. — Regional, Provincial or City
shall be deemed a waiver of the right to Probation Officers shall have the authority
appeal.1âwphi1 within their territorial jurisdiction to
“An order granting or denying probation administer oaths and acknowledgments and
shall not be appealable.” to take depositions in connection with their
SECTION 2. Section 9 of the same Decree, duties and functions under this Decree.
as amended, is hereby further amended to They shall also have, with respect to
read as follows: probationers under their care, the powers of
“SEC. 9. Disqualified Offenders. — The a police officer. They shall be considered as
benefits of this Decree shall not be extended persons in authority.”
to those: SECTION 5. Section 27 of the same Decree
“a. sentenced to serve a maximum term of is hereby amended to read as follows:
imprisonment of more than six (6) years; “SEC. 27. Field Assistants, Subordinate
“b. convicted of any crime against the Personnel. – Regional, Provincial or City
national security; Probation Officers shall be assisted by such
“c. who have previously been convicted by field assistants and subordinate personnel
final judgment of an offense punished by as may be necessary to enable them to carry
imprisonment of more than six (6) months out their duties effectively.”
and one (1) day and/or a fine of more than SECTION 6. Section 28 of the same Decree
one thousand pesos (P1,000.00); is hereby amended to read as follows:
“d. who have been once on probation under “SEC. 28. Volunteer Probation Assistants
the provisions of this Decree; and (VPAs). — To assist the Chief Probation and
“e. who are already serving sentence at the Parole Officers in the supervised treatment
time the substantive provisions of this program of the probationers, the Probation
Decree became applicable pursuant to Administrator may appoint citizens of good
Section 33 hereof.” repute and probity, who have the
SECTION 3. Section 16 of the same willingness, aptitude, and capability to act
Decree, as amended, is hereby further as VPAs.
amended to read as follows: “VPAs shall not receive any regular
“SEC. 16. Termination of Probation. — compensation except for reasonable
After the period of probation and upon transportation and meal allowances, as may
consideration of the report and be determined by the Probation
recommendation of the probation officer, Administrator, for services rendered as
the court may order the final discharge of VPAs.
the probationer upon finding that he has “They shall hold office for a two (2)-year
fulfilled the terms and conditions of his term which may be renewed or recalled
probation and thereupon the case is deemed anytime for a just cause. Their functions,
terminated. qualifications, continuance in office and
maximum case loads shall be further SECTION 1. Short Title.- This Act shall be
prescribed under the implementing rules known as the "Anti-Violence Against
and regulations of this Act. Women and Their Children Act of 2004".
“There shall be a reasonable number of SECTION 2. Declaration of Policy.- It is
VPAs in every regional, provincial, and city hereby declared that the State values the
probation office. In order to strengthen the dignity of women and children and
functional relationship of VPAs and the guarantees full respect for human rights.
Probation Administrator, the latter shall The State also recognizes the need to protect
encourage and support the former to the family and its members particularly
organize themselves in the national, women and children, from violence and
regional, provincial, and city levels for threats to their personal safety and security.
effective utilization, coordination, and Towards this end, the State shall exert
sustainability of the volunteer program.” efforts to address violence committed
SECTION 7. Separability Clause. — If any against women and children in keeping with
provision of this Act is declared invalid, the the fundamental freedoms guaranteed
provisions hereof not affected by such under the Constitution and the Provisions of
declaration shall remain in full force and the Universal Declaration of Human Rights,
effect. the convention on the Elimination of all
SECTION 8. Repealing Clause. — All laws, forms of discrimination Against Women,
executive orders, or administrative orders, Convention on the Rights of the Child and
rules and regulations or parts thereof which other international human rights
are inconsistent with this Act are hereby instruments of which the Philippines is a
amended, repealed or modified accordingly. party.
SECTION 9. Appropriations Clause. — SECTION 3. Definition of Terms.- As used
The amount necessary to carry out the in this Act,
provisions of this Act shall be included in (a) "Violence against women and their
the General Appropriations Act of the year children" refers to any act or a series of acts
following its enactment into law. committed by any person against a woman
SECTION 10. Implementing Rules and who is his wife, former wife, or against a
Regulations. — Within sixty (60) days from woman with whom the person has or had a
the approval of this Act, the Department of sexual or dating relationship, or with whom
Justice shall promulgate such rules and he has a common child, or against her child
regulations as may be necessary to carry out whether legitimate or illegitimate, within or
the provisions of this Act. without the family abode, which result in or
SECTION 11. Effectivity. — This Act shall is likely to result in physical, sexual,
take effect immediately after its publication psychological harm or suffering, or
in the Official Gazette or in two (2) economic abuse including threats of such
newspapers of general circulation. acts, battery, assault, coercion, harassment
or arbitrary deprivation of liberty. It
Republic Act No. 9262 includes, but is not limited to, the following
March 08, 2004 acts:
AN ACT DEFINING VIOLENCE A. "Physical Violence" refers to acts that
AGAINST WOMEN AND THEIR include bodily or physical harm;
CHILDREN, PROVIDING FOR B. "Sexual violence" refers to an act which is
PROTECTIVE MEASURES FOR sexual in nature, committed against a
VICTIMS, PRESCRIBING PENALTIES woman or her child. It includes, but is not
PURPOSES a) rape, sexual harassment, acts of
Be it enacted by the Senate and House of lasciviousness, treating a woman or her
Representatives of the Philippine Congress child as a sex object, making demeaning and
Assembled: sexually suggestive remarks, physically
attacking the sexual parts of the victim's resulting to the physical and psychological
body, forcing her/him to watch obscene or emotional distress.
publications and indecent shows or forcing (c) "Battered Woman Syndrome" refers to a
the woman or her child to do indecent acts scientifically defined pattern of
and/or make films thereof, forcing the wife psychological and behavioral symptoms
and mistress/lover to live in the conjugal found in women living in battering
home or sleep together in the same room relationships as a result of cumulative
with the abuser; abuse.
b) acts causing or attempting to cause the (d) "Stalking" refers to an intentional act
victim to engage in any sexual activity by committed by a person who, knowingly and
force, threat of force, physical or other harm without lawful justification follows the
or threat of physical or other harm or woman or her child or places the woman or
coercion; her child under surveillance directly or
c) Prostituting the woman or child. indirectly or a combination thereof.
C. "Psychological violence" refers to acts or (e) "Dating relationship" refers to a
omissions causing or likely to cause mental situation wherein the parties live as
or emotional suffering of the victim such as husband and wife without the benefit of
but not limited to intimidation, harassment, marriage or are romantically involved over
stalking, damage to property, public ridicule time and on a continuing basis during the
or humiliation, repeated verbal abuse and course of the relationship. A casual
mental infidelity. It includes causing or acquaintance or ordinary socialization
allowing the victim to witness the physical, between two individuals in a business or
sexual or psychological abuse of a member social context is not a dating relationship.
of the family to which the victim belongs, or (f) "Sexual relations" refers to a single
to witness pornography in any form or to sexual act which may or may not result in
witness abusive injury to pets or to unlawful the bearing of a common child.
or unwanted deprivation of the right to (g) "Safe place or shelter" refers to any
custody and/or visitation of common home or institution maintained or managed
children. by the Department of Social Welfare and
D. "Economic abuse" refers to acts that Development (DSWD) or by any other
make or attempt to make a woman agency or voluntary organization accredited
financially dependent which includes, but is by the DSWD for the purposes of this Act or
not limited to the following: any other suitable place the resident of
1. withdrawal of financial support or which is willing temporarily to receive the
preventing the victim from engaging in any victim.
legitimate profession, occupation, business (h) "Children" refers to those below
or activity, except in cases wherein the other eighteen (18) years of age or older but are
spouse/partner objects on valid, serious and incapable of taking care of themselves as
moral grounds as defined in Article 73 of the defined under Republic Act No. 7610. As
Family Code; used in this Act, it includes the biological
2. deprivation or threat of deprivation of children of the victim and other children
financial resources and the right to the use under her care.
and enjoyment of the conjugal, community SECTION 4. Construction.- This Act shall
or property owned in common; be liberally construed to promote the
3. destroying household property; protection and safety of victims of violence
4. controlling the victims' own money or against women and their children.
properties or solely controlling the conjugal SECTION 5. Acts of Violence Against
money or properties. Women and Their Children.- The crime of
(b) "Battery" refers to an act of inflicting violence against women and their children
physical harm upon the woman or her child is committed through any of the following
(a) Causing physical harm to the woman or (h) Engaging in purposeful, knowing, or
her child; reckless conduct, personally or through
(b) Threatening to cause the woman or her another, that alarms or causes substantial
child physical harm; emotional or psychological distress to the
(c) Attempting to cause the woman or her woman or her child. This shall include, but
child physical harm; not be limited to, the following acts:
(d) Placing the woman or her child in fear of (1) Stalking or following the woman or her
imminent physical harm; child in public or private places;
(e) Attempting to compel or compelling the (2) Peering in the window or lingering
woman or her child to engage in conduct outside the residence of the woman or her
which the woman or her child has the right child;
to desist from or desist from conduct which (3) Entering or remaining in the dwelling or
the woman or her child has the right to on the property of the woman or her child
engage in, or attempting to restrict or against her/his will;
restricting the woman's or her child's (4) Destroying the property and personal
freedom of movement or conduct by force belongings or inflicting harm to animals or
or threat of force, physical or other harm or pets of the woman or her child; and
threat of physical or other harm, or (5) Engaging in any form of harassment or
intimidation directed against the woman or violence;
child. This shall include, but not limited to, (i) Causing mental or emotional anguish,
the following acts committed with the public ridicule or humiliation to the woman
purpose or effect of controlling or restricting or her child, including, but not limited to,
the woman's or her child's movement or repeated verbal and emotional abuse, and
conduct: denial of financial support or custody of
(1) Threatening to deprive or actually minor children of access to the woman's
depriving the woman or her child of custody child/children.
to her/his family; SECTION 6. Penalties.- The crime of
(2) Depriving or threatening to deprive the violence against women and their children,
woman or her children of financial support under Section 5 hereof shall be punished
legally due her or her family, or deliberately according to the following rules:
providing the woman's children insufficient (a) Acts falling under Section 5(a)
financial support; constituting attempted, frustrated or
(3) Depriving or threatening to deprive the consummated parricide or murder or
woman or her child of a legal right; homicide shall be punished in accordance
(4) Preventing the woman in engaging in with the provisions of the Revised Penal
any legitimate profession, occupation, Code.
business or activity or controlling the If these acts resulted in mutilation, it shall
victim's own mon4ey or properties, or solely be punishable in accordance with the
controlling the conjugal or common money, Revised Penal Code; those constituting
or properties; serious physical injuries shall have the
(f) Inflicting or threatening to inflict penalty of prison mayor; those constituting
physical harm on oneself for the purpose of less serious physical injuries shall be
controlling her actions or decisions; punished by prision correccional; and those
(g) Causing or attempting to cause the constituting slight physical injuries shall be
woman or her child to engage in any sexual punished by arresto mayor.
activity which does not constitute rape, by Acts falling under Section 5(b) shall be
force or threat of force, physical harm, or punished by imprisonment of two degrees
through intimidation directed against the lower than the prescribed penalty for the
woman or her child or her/his immediate consummated crime as specified in the
family; preceding paragraph but shall in no case be
lower than arresto mayor.
(b) Acts falling under Section 5(c) and 5(d) order (BPO), temporary protection order
shall be punished by arresto mayor; (TPO) and permanent protection order
(c) Acts falling under Section 5(e) shall be (PPO). The protection orders that may be
punished by prision correccional; issued under this Act shall include any,
(d) Acts falling under Section 5(f) shall be some or all of the following reliefs:
punished by arresto mayor; (a) Prohibition of the respondent from
(e) Acts falling under Section 5(g) shall be threatening to commit or committing,
punished by prision mayor; personally or through another, any of the
(f) Acts falling under Section 5(h) and acts mentioned in Section 5 of this Act;
Section 5(i) shall be punished by prision (b) Prohibition of the respondent from
mayor. harassing, annoying, telephoning,
If the acts are committed while the woman contacting or otherwise communicating
or child is pregnant or committed in the with the petitioner, directly or indirectly;
presence of her child, the penalty to be (c) Removal and exclusion of the
applied shall be the maximum period of respondent from the residence of the
penalty prescribed in the section. petitioner, regardless of ownership of the
In addition to imprisonment, the residence, either temporarily for the
perpetrator shall (a) pay a fine in the purpose of protecting the petitioner, or
amount of not less than One hundred permanently where no property rights are
thousand pesos (P100,000.00) but not violated, and if respondent must remove
more than three hundred thousand pesos personal effects from the residence, the
(300,000.00); (b) undergo mandatory court shall direct a law enforcement agent to
psychological counseling or psychiatric accompany the respondent has gathered his
treatment and shall report compliance to things and escort respondent from the
the court. residence;
SECTION 7. Venue.- The Regional Trial (d) Directing the respondent to stay away
Court designated as a Family Court shall from petitioner and designated family or
have original and exclusive jurisdiction over household member at a distance specified
cases of violence against women and their by the court, and to stay away from the
children under this law. In the absence of residence, school, place of employment, or
such court in the place where the offense any specified place frequented by the
was committed, the case shall be filed in the petitioner and any designated family or
Regional Trial Court where the crime or any household member;
of its elements was committed at the option (e) Directing lawful possession and use by
of the compliant. petitioner of an automobile and other
SECTION 8. Protection Orders.- A essential personal effects, regardless of
protection order is an order issued under ownership, and directing the appropriate
this act for the purpose of preventing law enforcement officer to accompany the
further acts of violence against a woman or petitioner to the residence of the parties to
her child specified in Section 5 of this Act ensure that the petitioner is safely restored
and granting other necessary relief. The to the possession of the automobile and
relief granted under a protection order serve other essential personal effects, or to
the purpose of safeguarding the victim from supervise the petitioner's or respondent's
further harm, minimizing any disruption in removal of personal belongings;
the victim's daily life, and facilitating the (f) Granting a temporary or permanent
opportunity and ability of the victim to custody of a child/children to the petitioner;
independently regain control over her life. (g) Directing the respondent to provide
The provisions of the protection order shall support to the woman and/or her child if
be enforced by law enforcement agencies. entitled to legal support. Notwithstanding
The protection orders that may be issued other laws to the contrary, the court shall
under this Act are the barangay protection order an appropriate percentage of the
income or salary of the respondent to be (b) parents or guardians of the offended
withheld regularly by the respondent's party;
employer for the same to be automatically (c) ascendants, descendants or collateral
remitted directly to the woman. Failure to relatives within the fourth civil degree of
remit and/or withhold or any delay in the consanguinity or affinity;
remittance of support to the woman and/or (d) officers or social workers of the DSWD
her child without justifiable cause shall or social workers of local government units
render the respondent or his employer (LGUs);
liable for indirect contempt of court; (e) police officers, preferably those in charge
(h) Prohibition of the respondent from any of women and children's desks;
use or possession of any firearm or deadly (f) Punong Barangay or Barangay
weapon and order him to surrender the Kagawad;
same to the court for appropriate (g) lawyer, counselor, therapist or
disposition by the court, including healthcare provider of the petitioner;
revocation of license and disqualification to (h) At least two (2) concerned responsible
apply for any license to use or possess a citizens of the city or municipality where the
firearm. If the offender is a law enforcement violence against women and their children
agent, the court shall order the offender to occurred and who has personal knowledge
surrender his firearm and shall direct the of the offense committed.
appropriate authority to investigate on the SECTION 10. Where to Apply for a
offender and take appropriate action on Protection Order. – Applications for BPOs
matter; shall follow the rules on venue under
(i) Restitution for actual damages caused by Section 409 of the Local Government Code
the violence inflicted, including, but not of 1991 and its implementing rules and
limited to, property damage, medical regulations. An application for a TPO or
expenses, childcare expenses and loss of PPO may be filed in the regional trial court,
income; metropolitan trial court, municipal trial
(j) Directing the DSWD or any appropriate court, municipal circuit trial court with
agency to provide petitioner may need; and territorial jurisdiction over the place of
(k) Provision of such other forms of relief as residence of the petitioner: Provided,
the court deems necessary to protect and however, That if a family court exists in the
provide for the safety of the petitioner and place of residence of the petitioner, the
any designated family or household application shall be filed with that court.
member, provided petitioner and any SECTION 11. How to Apply for a
designated family or household member Protection Order. – The application for a
consents to such relief. protection order must be in writing, signed
Any of the reliefs provided under this and verified under oath by the applicant. It
section shall be granted even in the absence may be filed as an independent action or as
of a decree of legal separation or annulment incidental relief in any civil or criminal case
or declaration of absolute nullity of the subject matter or issues thereof partakes
marriage. of a violence as described in this Act. A
The issuance of a BPO or the pendency of an standard protection order application form,
application for BPO shall not preclude a written in English with translation to the
petitioner from applying for, or the court major local languages, shall be made
from granting a TPO or PPO. available to facilitate applications for
SECTION 9. Who may file Petition for protections order, and shall contain, among
Protection Orders. – A petition for other, the following information:
protection order may be filed by any of the (a) names and addresses of petitioner and
following: respondent;
(a) the offended party; (b) description of relationships between
petitioner and respondent;
(c) a statement of the circumstances of the can afford to hire the services of a counsel
abuse; de parte, it shall facilitate the legal
(d) description of the reliefs requested by representation of the petitioner by a counsel
petitioner as specified in Section 8 herein; de parte. The lack of access to family or
(e) request for counsel and reasons for such; conjugal resources by the applicant, such as
(f) request for waiver of application fees when the same are controlled by the
until hearing; and perpetrator, shall qualify the petitioner to
(g) an attestation that there is no pending legal representation by the PAO.
application for a protection order in another However, a private counsel offering free
court. legal service is not barred from representing
If the applicants is not the victim, the the petitioner.
application must be accompanied by an SECTION 14. Barangay Protection
affidavit of the applicant attesting to (a) the Orders (BPOs); Who May Issue and How. -
circumstances of the abuse suffered by the Barangay Protection Orders (BPOs) refer to
victim and (b) the circumstances of consent the protection order issued by the Punong
given by the victim for the filling of the Barangay ordering the perpetrator to desist
application. When disclosure of the address from committing acts under Section 5 (a)
of the victim will pose danger to her life, it and (b) of this Act. A Punong
shall be so stated in the application. In such Barangay who receives applications for a
a case, the applicant shall attest that the BPO shall issue the protection order to the
victim is residing in the municipality or city applicant on the date of filing after ex
over which court has territorial jurisdiction, parte determination of the basis of the
and shall provide a mailing address for application. If the Punong Barangay is
purpose of service processing. unavailable to act on the application for a
An application for protection order filed BPO, the application shall be acted upon by
with a court shall be considered an any available Barangay Kagawad. If the
application for both a TPO and PPO. BPO is issued by a Barangay Kagawad the
Barangay officials and court personnel shall order must be accompanied by an
assist applicants in the preparation of the attestation by the Barangay Kagawad that
application. Law enforcement agents shall the Punong Barangay was unavailable at
also extend assistance in the application for the time for the issuance of the BPO. BPOs
protection orders in cases brought to their shall be effective for fifteen (15) days.
attention. Immediately after the issuance of an ex
SECTION 12. Enforceability of Protection parte BPO, the Punong Barangay or
Orders. – All TPOs and PPOs issued under Barangay Kagawad shall personally serve
this Act shall be enforceable anywhere in a copy of the same on the respondent, or
the Philippines and a violation thereof shall direct any barangay official to effect is
be punishable with a fine ranging from Five personal service.
Thousand Pesos (P5,000.00) to Fifty The parties may be accompanied by a non-
Thousand Pesos (P50,000.00) and/or lawyer advocate in any proceeding before
imprisonment of six (6) months. the Punong Barangay.
SECTION 13. Legal Representation of SECTION 15. Temporary Protection
Petitioners for Protection Order. – If the Orders. – Temporary Protection Orders
woman or her child requests in the (TPOs) refers to the protection order issued
applications for a protection order for the by the court on the date of filing of the
appointment of counsel because of lack of application after ex parte determination
economic means to hire a counsel de parte, that such order should be issued. A court
the court shall immediately direct the Public may grant in a TPO any, some or all of the
Attorney's Office (PAO) to represent the reliefs mentioned in this Act and shall be
petitioner in the hearing on the application. effective for thirty (30) days. The court shall
If the PAO determines that the applicant schedule a hearing on the issuance of a PPO
prior to or on the date of the expiration of The court shall not deny the issuance of
the TPO. The court shall order the protection order on the basis of the lapse of
immediate personal service of the TPO on time between the act of violence and the
the respondent by the court sheriff who may filing of the application.
obtain the assistance of law enforcement Regardless of the conviction or acquittal of
agents for the service. The TPO shall include the respondent, the Court must determine
notice of the date of the hearing on the whether or not the PPO shall become final.
merits of the issuance of a PPO. Even in a dismissal, a PPO shall be granted
SECTION 16. Permanent Protection as long as there is no clear showing that the
Orders. – Permanent Protection Order act from which the order might arise did not
(PPO) refers to protection order issued by exist.
the court after notice and hearing. SECTION 17. Notice of Sanction in
Respondents non-appearance despite Protection Orders. – The following
proper notice, or his lack of a lawyer, or the statement must be printed in bold-faced
non-availability of his lawyer shall not be a type or in capital letters on the protection
ground for rescheduling or postponing the order issued by the Punong Barangay or
hearing on the merits of the issuance of a court:
PPO. If the respondents appears without "VIOLATION OF THIS ORDER IS
counsel on the date of the hearing on the PUNISHABLE BY LAW."
PPO, the court shall appoint a lawyer for the SECTION 18. Mandatory Period For
respondent and immediately proceed with Acting on Applications For Protection
the hearing. In case the respondent fails to Orders – Failure to act on an application for
appear despite proper notice, the court shall a protection order within the reglementary
allow ex parte presentation of the evidence period specified in the previous section
by the applicant and render judgment on without justifiable cause shall render the
the basis of the evidence presented. The official or judge administratively liable.
court shall allow the introduction of any SECTION 19. Legal Separation Cases. –
history of abusive conduct of a respondent In cases of legal separation, where violence
even if the same was not directed against as specified in this Act is alleged, Article 58
the applicant or the person for whom the of the Family Code shall not apply. The
applicant is made. court shall proceed on the main case and
The court shall, to the extent possible, other incidents of the case as soon as
conduct the hearing on the merits of the possible. The hearing on any application for
issuance of a PPO in one (1) day. Where the a protection order filed by the petitioner
court is unable to conduct the hearing must be conducted within the mandatory
within one (1) day and the TPO issued is due period specified in this Act.
to expire, the court shall continuously SECTION 20. Priority of Application for a
extend or renew the TPO for a period of Protection Order. – Ex parte and
thirty (30) days at each particular time until adversarial hearings to determine the basis
final judgment is issued. The extended or of applications for a protection order under
renewed TPO may be modified by the court this Act shall have priority over all other
as may be necessary or applicable to address proceedings. Barangay officials and the
the needs of the applicant. courts shall schedule and conduct hearings
The court may grant any, some or all of the on applications for a protection order under
reliefs specified in Section 8 hereof in a this Act above all other business and, if
PPO. A PPO shall be effective until revoked necessary, suspend other proceedings in
by a court upon application of the person in order to hear applications for a protection
whose favor the order was issued. The court order.
shall ensure immediate personal service of SECTION 21. Violation of Protection
the PPO on respondent. Orders. – A complaint for a violation of a
BPO issued under this Act must be filed
directly with any municipal trial court, SECTION 25. Public Crime. – Violence
metropolitan trial court, or municipal against women and their children shall be
circuit trial court that has territorial considered a public offense which may be
jurisdiction over the barangay that issued prosecuted upon the filing of a complaint by
the BPO. Violation of a BPO shall be any citizen having personal knowledge of
punishable by imprisonment of thirty (30) the circumstances involving the commission
days without prejudice to any other criminal of the crime.
or civil action that the offended party may SECTION 26. Battered Woman Syndrome
file for any of the acts committed. as a Defense. – Victim-survivors who are
A judgement of violation of a BPO ma be found by the courts to be suffering from
appealed according to the Rules of Court. battered woman syndrome do not incur any
During trial and upon judgment, the trial criminal and civil liability notwithstanding
court may motu proprio issue a protection the absence of any of the elements for
order as it deems necessary without need of justifying circumstances of self-defense
an application. under the Revised Penal Code.
Violation of any provision of a TPO or PPO In the determination of the state of mind of
issued under this Act shall constitute the woman who was suffering from battered
contempt of court punishable under Rule 71 woman syndrome at the time of the
of the Rules of Court, without prejudice to commission of the crime, the courts shall be
any other criminal or civil action that the assisted by expert psychiatrists/
offended party may file for any of the acts psychologists.
committed. SECTION 27. Prohibited Defense. – Being
SECTION 22. Applicability of Protection under the influence of alcohol, any illicit
Orders to Criminal Cases. – The foregoing drug, or any other mind-altering substance
provisions on protection orders shall be shall not be a defense under this Act.
applicable in impliedly instituted with the SECTION 28. Custody of children. – The
criminal actions involving violence against woman victim of violence shall be entitled to
women and their children. the custody and support of her
SECTION 23. Bond to Keep the Peace. – child/children. Children below seven (7)
The Court may order any person against years old older but with mental or physical
whom a protection order is issued to give a disabilities shall automatically be given to
bond to keep the peace, to present two the mother, with right to support, unless the
sufficient sureties who shall undertake that court finds compelling reasons to order
such person will not commit the violence otherwise.
sought to be prevented. A victim who is suffering from battered
Should the respondent fail to give the bond woman syndrome shall not be disqualified
as required, he shall be detained for a period from having custody of her children. In no
which shall in no case exceed six (6) case shall custody of minor children be
months, if he shall have been prosecuted for given to the perpetrator of a woman who is
acts punishable under Section 5(a) to 5(f) suffering from Battered woman syndrome.
and not exceeding thirty (30) days, if for SECTION 29. Duties of Prosecutors/Court
acts punishable under Section 5(g) to 5(I). Personnel. – Prosecutors and court
The protection orders referred to in this personnel should observe the following
section are the TPOs and the PPOs issued duties when dealing with victims under this
only by the courts. Act:
SECTION 24. Prescriptive Period. – Acts a) communicate with the victim in a
falling under Sections 5(a) to 5(f) shall language understood by the woman or her
prescribe in twenty (20) years. Acts falling child; and
under Sections 5(g) to 5(I) shall prescribe in b) inform the victim of her/his rights
ten (10) years. including legal remedies available and
procedure, and privileges for indigent (a) properly document any of the victim's
litigants. physical, emotional or psychological
SECTION 30. Duties of Barangay injuries;
Officials and Law Enforcers. – Barangay (b) properly record any of victim's
officials and law enforcers shall have the suspicions, observations and circumstances
following duties: of the examination or visit;
(a) respond immediately to a call for help or (c) automatically provide the victim free of
request for assistance or protection of the charge a medical certificate concerning the
victim by entering the necessary whether or examination or visit;
not a protection order has been issued and (d) safeguard the records and make them
ensure the safety of the victim/s; available to the victim upon request at
(b) confiscate any deadly weapon in the actual cost; and
possession of the perpetrator or within plain (e) provide the victim immediate and
view; adequate notice of rights and remedies
(c) transport or escort the victim/s to a safe provided under this Act, and services
place of their choice or to a clinic or available to them.
hospital; SECTION 32. Duties of Other Government
(d) assist the victim in removing personal Agencies and LGUs – Other government
belongs from the house; agencies and LGUs shall establish programs
(e) assist the barangay officials and other such as, but not limited to, education and
government officers and employees who information campaign and seminars or
respond to a call for help; symposia on the nature, causes, incidence
(f) ensure the enforcement of the Protection and consequences of such violence
Orders issued by the Punong Barangy or particularly towards educating the public on
the courts; its social impacts.
(g) arrest the suspected perpetrator wiithout It shall be the duty of the concerned
a warrant when any of the acts of violence government agencies and LGU's to ensure
defined by this Act is occurring, or when the sustained education and training of their
he/she has personal knowledge that any act officers and personnel on the prevention of
of abuse has just been committed, and there violence against women and their children
is imminent danger to the life or limb of the under the Act.
victim as defined in this Act; and SECTION 33. Prohibited Acts. – A Punong
(h) immediately report the call for Barangay, Barangay Kagawad or the
assessment or assistance of the DSWD, court hearing an application for a protection
social Welfare Department of LGUs or order shall not order, direct, force or in any
accredited non-government organizations way unduly influence he applicant for a
(NGOs). protection order to compromise or abandon
Any barangay official or law enforcer who any of the reliefs sought in the application
fails to report the incident shall be liable for for protection under this Act. Section 7 of
a fine not exceeding Ten Thousand Pesos the Family Courts Act of 1997 and Sections
(P10,000.00) or whenever applicable 410, 411, 412 and 413 of the Local
criminal, civil or administrative liability. Government Code of 1991 shall not apply in
SECTION 31. Healthcare Provider proceedings where relief is sought under
Response to Abuse – Any healthcare this Act.
provider, including, but not limited to, an Failure to comply with this Section shall
attending physician, nurse, clinician, render the official or judge administratively
barangay health worker, therapist or liable.
counselor who suspects abuse or has been SECTION 34. Persons Intervening
informed by the victim of violence shall: Exempt from Liability. – In every case of
violence against women and their children
as herein defined, any person, private
individual or police authority or barangay (b) National Commission on the Role of
official who, acting in accordance with law, Filipino Women (NCRFW);
responds or intervenes without using (c) Civil Service Commission (CSC);
violence or restraint greater than necessary (d) Commission on Human rights (CHR)
to ensure the safety of the victim, shall not (e) Council for the Welfare of Children
be liable for any criminal, civil or (CWC);
administrative liability resulting therefrom. (f) Department of Justice (DOJ);
SECTION 35. Rights of Victims. – In (g) Department of the Interior and Local
addition to their rights under existing laws, Government (DILG);
victims of violence against women and their (h) Philippine National Police (PNP);
children shall have the following rights: (i) Department of Health (DOH);
(a) to be treated with respect and dignity; (j) Department of Education (DepEd);
(b) to avail of legal assistance form the PAO (k) Department of Labor and Employment
of the Department of Justice (DOJ) or any (DOLE); and
public legal assistance office; (l) National Bureau of Investigation (NBI).
(c) To be entitled to support services form These agencies are tasked to formulate
the DSWD and LGUs' programs and projects to eliminate VAW
(d) To be entitled to all legal remedies and based on their mandates as well as develop
support as provided for under the Family capability programs for their employees to
Code; and become more sensitive to the needs of their
(e) To be informed of their rights and the clients. The Council will also serve as the
services available to them including their monitoring body as regards to VAW
right to apply for a protection order. initiatives.
SECTION 36. Damages. – Any victim of The Council members may designate their
violence under this Act shall be entitled to duly authorized representative who shall
actual, compensatory, moral and exemplary have a rank not lower than an assistant
damages. secretary or its equivalent. These
SECTION 37. Hold Departure Order. – representatives shall attend Council
The court shall expedite the process of meetings in their behalf, and shall receive
issuance of a hold departure order in cases emoluments as may be determined by the
prosecuted under this Act. Council in accordance with existing budget
SECTION 38. Exemption from Payment and accounting rules and regulations.
of Docket Fee and Other Expenses. – If the SECTION 40. Mandatory Programs and
victim is an indigent or there is an Services for Victims. – The DSWD, and
immediate necessity due to imminent LGU's shall provide the victims temporary
danger or threat of danger to act on an shelters, provide counseling, psycho-social
application for a protection order, the court services and /or, recovery, rehabilitation
shall accept the application without programs and livelihood assistance.
payment of the filing fee and other fees and The DOH shall provide medical assistance
of transcript of stenographic notes. to victims.
SECTION 39. Inter-Agency Council on SECTION 41. Counseling and Treatment
Violence Against Women and Their of Offenders. – The DSWD shall provide
Children (IAC-VAWC). In pursuance of the rehabilitative counseling and treatment to
abovementioned policy, there is hereby perpetrators towards learning constructive
established an Inter-Agency Council on ways of coping with anger and emotional
Violence Against Women and their children, outbursts and reforming their ways. When
hereinafter known as the Council, which necessary, the offender shall be ordered by
shall be composed of the following agencies: the Court to submit to psychiatric treatment
(a) Department of Social Welfare and or confinement.
Development (DSWD); SECTION 42. Training of Persons
Involved in Responding to Violence Against
Women and their Children Cases. – All identifying information of a victim or an
agencies involved in responding to violence immediate family member, without the
against women and their children cases latter's consent, shall be liable to the
shall be required to undergo education and contempt power of the court.
training to acquaint them with: Any person who violates this provision shall
a. the nature, extend and causes of violence suffer the penalty of one (1) year
against women and their children; imprisonment and a fine of not more than
b. the legal rights of, and remedies available Five Hundred Thousand pesos
to, victims of violence against women and (P500,000.00).
their children; SECTION 45. Funding – The amount
c. the services and facilities available to necessary to implement the provisions of
victims or survivors; this Act shall be included in the annual
d. the legal duties imposed on police officers General Appropriations Act (GAA).
to make arrest and to offer protection and The Gender and Development (GAD)
assistance; and Budget of the mandated agencies and LGU's
e. techniques for handling incidents of shall be used to implement services for
violence against women and their children victim of violence against women and their
that minimize the likelihood of injury to the children.
officer and promote the safety of the victim SECTION 46. Implementing Rules and
or survivor. Regulations. – Within six (6) months from
The PNP, in coordination with LGU's shall the approval of this Act, the DOJ, the
establish an education and training program NCRFW, the DSWD, the DILG, the DOH,
for police officers and barangay officials to and the PNP, and three (3) representatives
enable them to properly handle cases of from NGOs to be identified by the NCRFW,
violence against women and their children. shall promulgate the Implementing Rules
SECTION 43. Entitled to Leave. – Victims and Regulations (IRR) of this Act.
under this Act shall be entitled to take a SECTION 47. Suppletory Application –
paid leave of absence up to ten (10) days in For purposes of this Act, the Revised Penal
addition to other paid leaves under the Code and other applicable laws, shall have
Labor Code and Civil Service Rules and suppletory application.
Regulations, extendible when the necessity SECTION 48. Separability Clause. – If
arises as specified in the protection order. any section or provision of this Act is held
Any employer who shall prejudice the right unconstitutional or invalid, the other
of the person under this section shall be sections or provisions shall not be affected.
penalized in accordance with the provisions SECTION 49. Repealing Clause – All laws,
of the Labor Code and Civil Service Rules Presidential decrees, executive orders and
and Regulations. Likewise, an employer who rules and regulations, or parts thereof,
shall prejudice any person for assisting a co- inconsistent with the provisions of this Act
employee who is a victim under this Act are hereby repealed or modified
shall likewise be liable for discrimination. accordingly.
SECTION 44. Confidentiality. – All SECTION 50. Effectivity – This Act shall
records pertaining to cases of violence take effect fifteen (15) days from the date of
against women and their children including its complete publication in at least two (2)
those in the barangay shall be confidential newspapers of general circulation.
and all public officers and employees and
public or private clinics to hospitals shall
respect the right to privacy of the victim.
Whoever publishes or causes to be
published, in any format, the name,
address, telephone number, school,
business address, employer, or other