BARANGAY PROTECTION ORDER (R.A. NO. 9262)

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Presentation transcript:

BARANGAY PROTECTION ORDER (R.A. NO. 9262) ATTY. ROWENA V. GUANZON This template can be used as a starter file for presenting training materials in a group setting. Sections Sections can help to organize your slides or facilitate collaboration between multiple authors. On the Home tab under Slides, click Section, and then click Add Section. Notes Use the Notes pane for delivery notes or to provide additional details for the audience. You can see these notes in Presenter View during your presentation. Keep in mind the font size (important for accessibility, visibility, videotaping, and online production) Coordinated colors Pay particular attention to the graphs, charts, and text boxes. Consider that attendees will print in black and white or grayscale. Run a test print to make sure your colors work when printed in pure black and white and grayscale. Graphics, tables, and graphs Keep it simple: If possible, use consistent, non-distracting styles and colors. Label all graphs and tables.

R.A. 9262 TOOK EFFECT ON MARCH 27, 2004 DOMESTIC VIOLENCE IS SAME AS VAWC IN THE PHILIPPINES PROTECTS WOMEN AND THEIR CHILDREN

RELIEFS UNDER R.A. 9262: BARANGAY PROTECTION ORDER TEMPORARY PROTECTION ORDER (COURT) PERMANENT PROTECTION ORDER (COURT)

BPO: VALID FOR 15 DAYS ISSUED BY BARANGAY CHAIRPERSON OR ANY KAGAWAD ORDERING RESPONDENT TO STOP THE VIOLENCE OR THREATS MAY ADD ORDER FOR RESPONDENT TO REPORT TO THE BARANGAY CHAIR FOR COUNSELING, TO EXPLAIN THE BPO

ACTS OF VAWC: PHYSICAL VERBAL /PSYCHOLOGICAL/EMOTIONAL SEXUAL ECONOMIC

WHO IS THE WOMAN WHO IS PROTECTED WHO IS THE WOMAN WHO IS PROTECTED? WIFE, EX WIFE, SEPARATED, LIVE-IN PARTNER OR EX LIVE-IN GF OR EX GF - DATING OR SEXUAL RELATIONSHIP THEY HAVE A COMMON CHILD Note: past or present relationship

BPO: VALID FOR 15 DAYS ISSUE WITHIN 24 HOURS FROM APPLICATION EX PARTE: NO NOTICE TO RESPONDENT ORDER TO STOP PHYSICAL VIOLENCE OR THREATS (VERBAL ABUSE WITH THREATS INCLUDED) RESPONDENT OR OTHER PERSONS CANNOT BE PRESENT WHEN BRGY OFFICIAL IS INTERVIEWING COMPLAINANT NO LAWYERS ALLOWED

VENUE: WHERE TO FILE FOR BPO IF COMPLAINANT & RESPONDENT ARE RESIDENTS OF SAME BARANGAY, VENUE IS IN THAT BARANGAY IF RESPONDENT LIVES IN ANOTHER BRGY, VENUE IS IN BARANGAY OF RESPONDENT Follow rule on venue in LGC ; same

APPLICATION FORM: VAWC FORM NO. 3 NO FEE SIGNED, UNDER OATH BEFORE BRGY OFFICIAL PRESENT NOT NOTARIZED RELATIONSHIP . EXAMPLE: LIVE- IN DATES, INCIDENTS, WEAPONS USED; LOCATION NUMBER OF CHILDREN, AGE ETC

WHO MAY APPLY FOR BPO: WOMAN PARENT, GRAND-PARENT, UNCLE, AUNT (OR IN-LAW), FIRST COUSIN OR IN-LAW SOCIAL WORKER AT LEAST 2 CITIZENS WITH PERSONAL KNOWLEDGE IF APPLICANT IS OTHER THAN THE WOMAN, WRITE EXPLANATION WHY

INCIDENT REPORT: BRGY OFFICIAL OR TANOD USE VAWC FORM NO. 5 IF YOU WITNESSED VAWC OR WERE CALLED TO ASSIST A VICTIM ATTACH INCIDENT REPORT TO APPLICATION FOR BPO

INTERVIEWING THE COMPLAINANT DO NOT REQUIRE MARRIAGE LICENSE, BIRTH CERTIFICATES OF CHILDREN, MEDICAL CERTIFICATE ASK QUESTIONS- WHAT HAPPENED? WHERE? WHEN? WHAT WEAPONS USED? THREATS? VERBAL ABUSE? WHO WERE THERE? THE CHILDREN? BE GENDER-SENSITIVE

NO MEDIATION; NO CONCILIATION SEC. 33 R.A. 9262 AMENDED SECS. 410-413 OF LGC (RA 7160) IF BRGY OFFICIAL MEDIATES, HE OR SHE CAN BE ADMINISTRATIVELY LIABLE

ISSUANCE OF BPO USE VAWC FORM NO. 4: BPO SIGNED BY BRGY OFFICIAL IF CHAIRPERSON IS ABSENT, ANY KAGAWAD CAN ISSUE IF NO BRGY CHAIRPERSON, KAGAWAD TO SIGN ATTESTATION BELOW

CAN ANOTHER BPO BE ISSUED AFTER THE FIRST BPO. Yes CAN ANOTHER BPO BE ISSUED AFTER THE FIRST BPO? Yes. If another cause of action happens within the 15 days or after 15 days from the issuance of the first BPO Brgy Chairperson should file a complaint for Violation of BPO (RA 9262), 30 days imprisonment

SERVICE OF BPO TO RESPONDENT: SERVE PERSONALLY TO RESPONDENT IF HE REFUSES TO RECEIVE, LEAVE IT IN HIS HOUSE WITH AN ADULT AND SUBMIT A REPORT TO BRGY CHAIRPERSON OR IF HE IS NOT AT HOME FIND HIM IN HIS WORKPLACE OR OTHER PLACES WITHIN THE CITY

DUTIES OF BRGY OFFICIALS AND LAW ENFORCERS ENTER HOUSE , WITH OR WITHOUT BPO ENSURE SAFETY OF WOMAN AND CHILD CONFISCATE WEAPONS IN POSSESSION OR IN PLAIN VIEW ARREST WITHOUT A WARRANT WHEN VAWC IS BEING COMMITTED, OR YOU HAVE PERSONAL KNOWLEDGE THAT VAWC WAS COMMITTED BY RESPONDENT

DUTIES IF RESPONDENT ESCAPED, REPORT IMMEDIATELY TO THE POLICE AND REQUEST FOR HOT PURSUIT – SO RESPONDENT CAN BE ARRESTED WITHOUT A WARRANT ASSIST VICTIM IN GETTING PERSONAL BELONGINGS TRANSPORT OR ESCORT TO SAFE PLACE OR CLINIC, HOSPITAL

IMMUNITY OF BRGY OFFICIALS, SOCIAL WORKERS, ANY PERSON WHO INTERVENE TO HELP VICTIM ANY PERSON INCLUDES PRIVATE INDIVIDUALS, POLICE OFFICERS EXEMPT FROM CIVIL, CRIMINAL, ADMINISTRATIVE LIABILITY

DUTIES COMPLIANCE MONITORING FORM VAWC FORM NO. 1 AND VAWC FORM NO. 2 MEMO CIR. 2004-118 (SEPT 13,2004) BY SECRETARY OF DILG RE: IMPLEMENTATION OF RA NO. 9262 AND ISSUANCE OF BPO

THANK YOU. THIS SEMINAR IS SPONSORED BY SENATOR PIA CAYETANO AND MAYOR LANI CAYETANO WITH THE CITY GOVERNMENT AND BARANGAY OFFICIALS OF TAGUIG CITY

ATTY. ROWENA V. GUANZON PROFESSOR, U. P ATTY. ROWENA V. GUANZON PROFESSOR, U.P. COLLEGE OF LAW PRACTICING LAWYER FOUNDING MEMBER, ASIA CAUSE LAWYERS NETWORK FOUNDING MEMBER, GENDER JUSTICE NETWORK FOUNDING MEMBER, GENDER WATCH COALITION AUTHOR, THE ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004 (2010); ENGENDERING THE PHILIPPINE JUDICIARY; THE DAVIDE COURT

ATTY ROWENA V. GUANZON Mobile: 09189018584 Email: rowena.guanzon@gmail.com Weblog: www.bingguanzon.com