1. Laws Affecting WomenLaws Affecting Women
and Childrenand Children
PSUPT KIRBY JOHN B KRAFT, PESEPSUPT KIRBY JOHN B KRAFT, PESE
Chief Of Police, San Pedro LagunaChief Of Police, San Pedro Laguna

2. • Republic Act 8551, otherwise known as the PNP Reform and Reorganization Act of 1998, in its
Title VII, sets the framework of the PNP in providing services to VAWC clients.
• Section 57. Creation and Functions. The PNP shall establish women’s desk in all police
stations throughout the country to administer and attend to cases involving crimes against
chastity, sexual harassment, abuses committed against women and children and other similar
offenders:
• Provided, that municipalities and cities presently without policewomen will have two (2) years
upon the affectivity of this Act within which to comply with the requirement of this provision.
• Section 58. Prioritization of Women for Recruitment . – Within the next five (5) years, the PNP
shall prioritize the recruitment and training of women who shall serve in the women’s desk.
Pursuant to this requirement, the PNP shall reserve ten percent (10%) of its annual
recruitment , training, and education quota for women.
• Section 59. Gender Sensitivity Program. The (National Police Commission shall formulate a
gender sensitivity program within ninety (90) days from the affectivity of this Act to include but
not limited to the establishment of equal opportunities for women in the PNP, the prevention of
sexual harassment in the workplace, and the prohibition of discrimination on the basis of gender
or sexual orientation.

3. Anti-Child Abuse LawAnti-Child Abuse Law
(Republic Act No.7610)(Republic Act No.7610)

4. Republic Act No. 7610
Who is a “child”?Who is a “child”?
CHILD refers to
•a person below 18 years old or
• person over 18 years old but is unable to fully take care of or
protect himself or herself because of a physical or mental
disability or condition.

5. Republic Act No. 7610
The Law provides for special
protection to children from all
forms of :
• abuse
• neglect
• cruelty
• exploitation
• discrimination
• other conditions prejudicial to
their development

6. Republic Act No. 7610
Three Categories of Child Abuse are Penalized:
ChildChild
ProstitutionProstitution
and other Sexualand other Sexual
AbuseAbuse
ChildChild
TraffickingTrafficking
ChildChild
PornographyPornography

7. Republic Act No. 7610
The child engaged inThe child engaged in
prostitution are consideredprostitution are considered
VICTIMSVICTIMS Those punished are theThose punished are the
ones whoones who
abused the child inabused the child in
prostituprostitutiontion or derivedor derived
profit froprofit fromm itit
Child Prostitution

8. Republic Act No. 7610
Child Trafficking
The act of buying and selling of a child for money, or for any
other consideration
Buying/Selling
a child
++
Money/
Consideration
==
CHILD
TT
RR
AA
FF
FF
II
CC
KK
II
NN
GG

9. Republic Act No. 7610
Child Pornography (Obscene Publications and Indecent Shows)
Punishes any person who shall use, persuade, or force a child to :
pose or model inpose or model in
pornographicpornographic
materialsmaterials
perform indecentperform indecent
shows/exhibitions in liveshows/exhibitions in live
or videoor video

10. Anti-Trafficking in PersonsAnti-Trafficking in Persons
Act of 2003Act of 2003
(Republic Act No.9208)(Republic Act No.9208)

11. The Anti-Trafficking in Persons Act (R.A. 9208)
ACTS
Recruitment, Transportation,
Transfer, Harboring, Receipt
MEANS
Threat, Force, Fraud, Deception,
Abuse of power or position, Taking
advantage of the vulnerability of the
person, Giving or receiving of
payments to achieve consent of person
in control
PURPOSE
Exploitation:
 Prostitution
 Sexual Exploitation
 Forced Labor
 Slavery
 Debt Bondage
 Involuntary
Servitude
 Removal or Sale of
Organs
What is trafficking in persons?

12. The Anti-Trafficking in Persons Act (R.A. 9208)
Punishable ActsPunishable Acts
• Acts of Trafficking
• Acts that Promote Trafficking
• Qualified Trafficking
• Violation of confidentiality
• Use of Trafficked Person

13. The Anti-Trafficking in Persons Act (R.A. 9208)
Trafficking of aTrafficking of a childchild isis ““qualified traffickingqualified trafficking””
ActsActs ++ MeansMeans ++ PurposePurpose
== Trafficking inTrafficking in
PersonsPersons

14. The Anti-Trafficking in Persons Act (R.A. 9208)
Trafficking of aTrafficking of a childchild isis ““qualified traffickingqualified trafficking””
ActsActs ++ MeansMeans ++ PurposePurpose
XX
ChildChild
TraffickingTrafficking
==

15. ACT/S
Recruitment
Transportation
Transfer
Harboring
Receipt of person;
• with or without the victim’s
consent or knowledge;
• within or across national borders

16. MEANS
• Threat or use of force, or other forms of
coercion
• Abduction
• Fraud
• Deception
• Abuse of power or of position
• Taking advantage of the vulnerability of a
person
• The giving or receiving of payments or benefits
to achieve the consent of a person having
control over another person.

17. EXPLOITATIVE PURPOSE
• Prostitution or other forms of sexual
exploitation
• Pornography
• Forced labor or services
• Slavery
• Involuntary Servitude or debt bondage
• Removal or sale of organs

18. CHILD TRAFFICKING
The recruitment, transportation, transfer,
harboring or receipt of a child for the
purpose of exploitation shall also be
considered as trafficking in persons even if
it does not involve any of the means set
forth in the law.

19. CHILD TRAFFICKING
Child :
(1) Person below 18 years of age;
(2) Person who is over 18 but is unable to fully
take care of or protect himself/herself from
abuse, exploitation, or discrimination because
of a physical or mental disability or condition

20. Similarities between Trafficking in
Persons and Human Smuggling
• There are movements and transportation
involved
• Both can be committed across borders
• In both cases, there can be consent
• In both cases, “facilitators” devise elaborate
means to elude detection
• Often undertaken in dangerous and degrading
conditions

21. Differences between Trafficking in
Persons and Human Smuggling
• Trafficking involves fraud, deception, force,
coercion, or taking advantage of the
vulnerabilities (coercive and non-coercive
means)
• In trafficking, there is a clear intent to expose
them to exploitative conditions such as
prostitution, forced labor, debt bondage, etc.

22. PUNISHABLE ACTS
 Acts of trafficking in persons
(Section 4);
 Acts that promote trafficking in
persons (Section 5);
 Qualified Trafficking (Section 6)
 Use of trafficked persons for
prostitution (Section 11)
 Violation of confidentiality
(Section 7)

23. PENALTIES
Act Penalty
Qualified Trafficking in
Persons (Sec. 6)
Life imprisonment and a fine of P2million to 5million
Acts of Trafficking in
Persons (Sec.4)
20 years imprisonment and a fine of P1million to
2million
Acts that Promote
Trafficking in Persons
(Sec. 5)
15 years imprisonment and a fine of P500,000 to
1million
Use of trafficked Persons for
Prostitution (Sec. 11)
(
Violation of confidentiality
(Sec. 7)
1st offence: 6months community service and a fine of
P50,000;subsequent offences:1year imprisonment and a fine of
P100,000
6 years imprisonment and fine P500,000 to 1 million

24. ACTS OF TRAFFICKING IN PERSONS
(Section 4)
• To recruit, transport, transfer, harbor,
provide, or receive a person by any
means, including those done under
the pretext of domestic or overseas
employment or training or
apprenticeship for the purpose of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt
bondage exploitation

25. ACTS OF TRAFFICKING IN PERSONS
• Introduce or match for money, profit,
or material, economic or other
consideration, any person or, as
provided for under RA 6955, any
Filipino woman to a foreign national,
for marriage for the purpose of
acquiring, buying, offering, selling or
trading him/her to engage in
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt
bondage

26. ACTS OF TRAFFICKING IN PERSONS
• To offer or contract marriage,
real or simulated, for the
purpose of acquiring, buying,
offering, selling or trading them
to engage in prostitution,
pornography, sexual
exploitation, forced labor or
slavery, involuntary servitude or
debt bondage

27. ACTS OF TRAFFICKING IN PERSONS
• Undertake or organize tours
and travel plans consisting of
tourism packages or activities
for the purpose of utilizing and
offering persons for
prostitution, pornography or
sexual exploitation

28. ACTS OF TRAFFICKING IN PERSONS
• Maintain or hire a person to engage
in prostitution or pornography
• Adopt or facilitate the adoption of
persons for the purpose of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt
bondage

29. ACTS OF TRAFFICKING IN PERSONS
• Recruit, hire, adopt, transport or
abduct a person by means of
threat or use of force, fraud, deceit,
violence, coercion, or intimidation
for the purpose of removal or sale
of organs of said person
• Recruit, transport or adopt a child
to engage in armed activities in the
Philippines or abroad

30. ACTS THAT PROMOTE TRAFFICKING IN
PERSONS
(Section 5)
● Knowingly lease or sub-lease,
use or allow to be used any
house, building or establishment
for the purpose of promoting
trafficking in persons

31. ACTS THAT PROMOTE TRAFFICKING IN PERSONS
● Produce, print and issue or distribute
un-issued, tampered or fake
counseling certificates, registration
stickers and certificates of any
government agency which issues
these certificates and stickers as
proof of compliance with
government regulatory and pre-
departure requirements for the
purpose of promoting trafficking in

32. ACTS THAT PROMOTE TRAFFICKING IN
PERSONS
● Advertise, publish, print, broadcast
or distribute, or cause the
advertisement, publication, printing,
broadcasting or distribution by any
means, including the use of
information technology and the
internet of any brochure, flyer or any
propaganda materials that promote
trafficking in persons

33. ACTS THAT PROMOTE TRAFFICKING IN PERSONS
● Assist in the conduct of
misrepresentation or fraud for the
purposes of facilitating the
acquisition of clearances and
necessary exit documents from
government agencies that are
mandated to provide pre-departure
registration and services for
departing persons for the purpose of
promoting trafficking in persons

34. ACTS THAT PROMOTE TRAFFICKING IN PERSONS
● To facilitate, assist entry or exit of
persons at the airports, seaports and
territorial boundaries
● Confiscate, conceal, destroy
passport, travel documents of
trafficked persons
● To knowingly benefit from, financial
or otherwise the labor or services of
a trafficked person

35. QUALIFIED TRAFFICKING
(Section 6)
• When the trafficked person is a
child
• Adoption is effected through RA
8043 for the purpose of
trafficking
• When crime is committed by a
syndicate or in large scale.

36. QUALIFIED TRAFFICKING
• When the offender is an
ascendant, parent, sibling,
guardian, or a person who
exercises authority over a
trafficked person or when
offense is committed by a public
officer or employee

37. QUALIFIED TRAFFICKING
• When the trafficked person is
recruited to engage in prostitution
with any member of the military
• When the offender is a member of
the military or law enforcement
agencies
• When the trafficked person dies,
becomes insane, suffers mutilation
or is afflicted with HIV-AIDS.

38. CONFIDENTIALITY RULE
(Section 7)
• The name and personal circumstances of the trafficked persons
or of the accused, or any other information tending to establish
their identities and such circumstances or information shall not be
disclosed to the public
• In cases when prosecution or trial is conducted behind closed
doors, it shall be unlawful for any editor, publisher, and reporter
or columnist in case of printed materials, announcer or producer
in case of television and radio, producer or director of a film in
case of movie industry, or any person utilizing tri-media facilities
or information technology to cause publicity of any case of
trafficking in persons

39. USE OF TRAFFICKED PERSONS
RA 9208 punishes any person who buys or
engages services of a trafficked person for
prostitution

40. CASE FILING: WHO?
1. The trafficked person;
2. The trafficked person`s:
• Parents
• Spouse
• Siblings
• Children, or
• Legal guardian;
1. Anyone who has personal knowledge of the
commission of an offense under RA 9208

41. CASE FILING: WHERE?
The case can be filed where:
– The offense was committed;
– Any of its elements occurred; or
– The trafficked person actually resides at the
time of the commission of the offense.

42. CASE FILING: AGAINST WHO?
● Any person, natural or juridical, who commits any
offence under RA 9208 may be punished for trafficking
acts.
● If the offender is a corporation, partnership,
association, club, establishment or any juridical person,
the penalty shall be imposed upon the owner,
president, partner, manager, and/or any responsible
officer who participated in the commission of the crime,
or who shall have knowingly permitted or failed to
prevent its commission.

43. CASE FILING: WHEN?
● Cases for trafficking acts can be filed up to 10
years after they are committed.
● If trafficking is committed by a syndicate or on a
large scale, cases can be filed up to 20 years
after the act.
● The “prescriptive period” is counted from the day
the trafficked person is delivered or released
from the condition of bondage.

44. Anti-Child Labor Law
(R.A. 9231)

45. Child Labor Law (Republic Act No. 9231)
• slavery
• prostitution and pornography
• use of children for illegal
activities
• work that is hazardous and
harmful to the health, safety
and morals of children
Defines worst forms of labor:

46. Child Labor Law (Republic Act No. 9231)
Under the law, children below fifteen (15) years of age
shall not be employed, except in the following cases:
• when the child works directly under parents/legal
guardian and only members of the family are employed
•when the child is employed in public entertainment or
information through cinema, theater, radio, television
or other forms of media is essential.
Prescribes Employable Age

47. Child Labor Law (Republic Act No. 9231)
Children below 15 years of age may
work for not more that 20 hours a
week, at most 4 hours a day.
The law limits children 15 – 17 years
old to work not more than 8 hours a
day or 40 hours a week.
Night work from 8pm to 6am is
prohibited.
Regulates Working Hours for Children

48. Child Labor Law (Republic Act No. 9231)
The child’s earnings shall be set
aside primarily for his/her
support, education or skill
acquisition.
Not more than 20% of the
child’s income may be allotted
for the collective needs of the
family.
Regulates Disposition of Children’s Wages

49. CHILD LABOR vs. CHILD WORK
Child WorkChild Work Child LaborChild Labor
Work is appropriate to child’s
age and mental capabilities
Work burdens the child; too
heavy for child’s age and
capabilities
Limited hours of work, does not
hinder the child from going to
school, playing or resting
Very long hours of work, child
has limited or no time for
school, play or rest
Child’s physical, emotional and
mental well-being are
nourished even in the work
environment
Child is subjected to
psychological, verbal, or
physical/sexual abuse
Legal Illegal

50. Services/Assistance, Penalties

51. SERVICES/ASSISTANCE
Access to Education and Training for Working Children
Access to Immediate Legal, Medical and Psycho-Social
Services
Presevation of the Working Child’s Income
Trust Fund

52. EXCEPTIONS:
A. When a child works under the sole responsibility of his
parents or guardians
B. When the child’s employment is in public entertainment or
information.
Penalties - EMPLOYMENT OF CHILDREN
PENALTY: 6 months to 6 years
imprisonment and a fine of not less
than P50,000 but not more than
P300,000!
Children below fifteen (15) years of age shall NOT be employed.

53. Hours of Work
1. Child below 15
• Not more than 20 hours a week
• Not more than 4 hours a day
• No work schedule between 8 pm to 6 am the following
day
2. Child 15-18
• Not more than 40 hours a week
• Not more than 8 hours a day
• No work schedule between 10 pm to 6 am the following
day
Penalties - HOURS OF WORK OF A WORKING CHILD
PENALTY: 6 months to 6 years
imprisonment and a fine of not less
than P50,000 but not more than
P300,000!

54. No child shall be employed as a model in any advertisement
directly or indirectly promoting alcoholic beverages,
intoxicating drinks, tobacco and its by products, gambling
or any form of violence or pornography.
Penalties - PROHIBITION AGAINST CERTAIN ADVERTISEMENTS
PENALTY: 6 months to 6 years
imprisonment and a fine of not less
than P50,000 but not more than
P300,000!

55. (1) All forms of slavery, as defined under the “ Anti-trafficking in
Persons Act” or practices similar to slavery such as sale and
trafficking of children, debt bondage and sor use in armed
conflict; or
(2) The use, procuring, offering or exposing of a child for
prostitution, for the production of pornography or for
pornographic performances;
Penalties - WORST FORMS OF CHILD LABOR
Prosecuted and Penalized under the
“Anti-trafficking in Persons Act 2003”
(R.A. 9208)
Penalty Imposed in the Maximum
Period

56. (3) The use, procuring or offering of a child for illegal or illicit
activities, including the production and trafficking of
dangerous drugs and volatile substances prohibited under
existing laws
Penalties - WORST FORMS OF CHILD LABOR
Prosecuted and Penalized under the
“Dangerous Drugs Act of 2002 (R.A.
9165)
Penalty Imposed in the Maximum
Period

57. Parents, biological or by legal fiction, and legal guardians found
to be violating Sections 12, 12-A, 12-B and 12-C of this Act
shall pay a fine of not less than Ten thousand pesos
(P10,000.00) but not more than One hundred thousand
pesos (P100,000.00), or be required to render community
service for not less than thirty (30) days but not more than
one (1) year, or both such fine and community service
If a corporation commits any of the cited violations, the board of
directors/trustees and officers, including the president,
secretary and treasurer of the corp who participated in or
knowingly allowed the violation shall be penalized
accordingly.
Penalties - WORST FORMS OF CHILD LABOR

58. Anti-Rape LawAnti-Rape Law
(Republic Act No.8353)(Republic Act No.8353)

59. Republic Act No. 8353
RAPE
By Sexual
Intercourse
By Sexual
Assault
- force or intimidation;- force or intimidation;
- victim is deprived of reason/unconscious;- victim is deprived of reason/unconscious;
- fraudulent machination/grave abuse of- fraudulent machination/grave abuse of
authority; orauthority; or
- victim is under 12 years of age or demented- victim is under 12 years of age or demented
- inserting penis into another person's mouth or anus; or- inserting penis into another person's mouth or anus; or
- inserting any instrument or object into another person’s- inserting any instrument or object into another person’s
genital or anusgenital or anus

60. RAPE IS A PUBLIC CRIME!
• REMEMBER! Rape is now considered a
public crime. This means that any
person who has knowledge of the crime
may file a complaint; consequently, even
if the victim withdraws her complaint,
the government (i.e. the police,
prosecutor, fiscal, etc.) may proceed
with the case.

61. RA 8353: The Rape Law of
1997
• Re-classified rape as crime vs. persons
• 2 ways of committing rape:
– man has carnal knowledge of woman under
the following circumstances:
• Thru force, threat, or intimidation
• When offended party is deprived of
reason/unconscious
• Thru fraudulent machination/grave abuse of
authority
• When offended party is under 12 yrs or demented

62. RA 8353: The Rape Law of 1997 (cont’d)
– By any person who, under any of
circumstances mentioned in paragraph
1, shall commit an act of sexual assault
by:
• inserting his penis into another
persons mouth or anal orifice or
• Inserting any instrument or object
(including a finger) into the genital or
anal orifice of another person

63. THIS IS WHAT THE SUPREME
COURT HAS SAID ABOUT
RAPE!!!
• NOTE: The slightest penetration
of the outer labia is sufficient.
The absence of sperm in the
vagina does not mean that no
rape occurred

64. What is “consent”?
• NOTE: There is NO issue of
consent for child victims under
the age of 12 years old.
Children under 12 CANNOT
give their consent

65. WHEN MARRIAGE IS
AVAILABLE
• There can be no valid marriage between an
offender and any child victim as the Family Code
mandates that marriage may only be entered into
when the parties to the marriage are at least 18
years old and have the consent of their parents.
• Any marriage entered into before a party reaches
the age of 18 is void from the beginning.
• A parent cannot give consent to a child who may
want to marry before she turns 18 years old.

66. REPUBLIC ACT NO. 7877
“Anti-Sexual Harassment Act of 1995”

67. The “Anti-Sexual Harassment Act of 1995”
punishes all forms of sexual harassment in the
employment, education or training
environment.
Sexual Harassment is committed if:
1. An employer, employee, manager,
supervisor, agent of the employer, teacher,
instructor, professor, coach, trainor or any
other person who has authority, influence or
moral ascendancy over the offended party
Sexual Harassment

68. 2. In a work or training or education
environment
3. Demands, requests or requires any
sexual favor from the other
4. Regardless of whether the demand,
request or requirement for
submission is accepted
PENALTY
1 to 6 mos. Imprisonment
and/or
Fine of P10,000 to P20,000.

69. R.A. 9262
Anti-Violence Against Women
and their Children Act

70. Title : An act defining Violence Against Women and
Their Children providing for protective measures
for victims, prescribing penalties therefor and for
other purposes (2004)
Rationale: To uphold the dignity of women and their children
and to guarantee full respect for human rights;
The State recognizes the need to protect the family
and its members particularly women and children
from violence and threats to their personal safety
and security.

71. refers to any act or a series of acts committed
by any person
against a woman who is his:
– wife,
– former wife, or
– against a woman with whom the person
has or had a sexual or dating relationship,
– against a woman with whom he has a
common child,
VIOLENCE AGAINST WOMAN & THEIR
CHILDREN

72. against her child whether legitimate or illegitimate, within
or without the family abode, which result in or is likely
to result in
- physical,
- sexual,
- psychological harm or suffering, or
- economic abuse
including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty.
VIOLENCE AGAINST WOMAN & THEIR
CHILDREN

73. 1. Physical violence
2. Sexual violence
3. Psychological violence
4. Economic abuse
It includes, but is not limited to, the following acts:

74. Acts of Violence Against Women and their Children (Sec.5)
a) Causing physical harm to the woman or child
b) Threatening to cause physical harm to the woman or child
c) Attempting to cause physical harm to the woman or child
d) Placing the woman or child in fear or imminent physical harm
e) Attempting to compel or compelling the woman
or her child to engage in conduct that the woman or her child
has the right to desist from OR to desist from conduct which
they have a right to engage in; or restricting or attempting to

75. restrict the woman and child’s freedom of movement or conduct
by force or threat of force, physical or other harm or threat of
such, or intimidation, including but not limited to the following
acts with the purpose of controlling/restricting the woman and
child’s movement or conduct:
1) threatening to deprive or depriving the woman or
her child or custody/access to her/his family;
2) depriving or threatening to deprive the woman or
her child of financial support or deliberately
providing insufficient financial support

76. 3) Depriving or threatening to deprive a woman
or her child of a legal right;
4) Preventing the woman in engaging in legitimate
profession, occupation, business or activity, or
controlling the victim’s own money or properties, or
solely controlling the conjugal/common money or
properties
f) Inflicting or threatening to inflict physical harm on oneself for
the purpose of controlling her actions or decisions;
g) Causing or attempting to cause the woman or her child to engage
in sexual activity which does not constitute rape

77. h) Engaging in purposeful, knowing or reckless conduct, personally
or through another, that alarms or causes substantial emotional
or psychological distress to the woman or child, including but
not limited to:
1) stalking or following the woman or child in public or
in private places;
2) peering in the window or lingering outside the
residence of the woman or her child;
3) entering or remaining in the dwelling of the woman
or her child against their will;
4) destroying the property and personal belongings of
the woman or her child, or inflicting harm to their
animals or pets;
5) Any form of harassment or violence;

78. i) Causing mental or emotional anguish, public ridicule or
humiliation to the woman or child, including but not limited to:
repeated verbal and emotional abuse and
denial of financial support or
denial of access to the woman’s child/children

79. Penalties
Attempted, frustrated
or consummated
parricide, murder or
homicide
Serious physical injuries
Less serious physical
Injuries
Slight physical injuries
Punished in accordance
with Revised Penal
Code
Prision mayor
Prision coreccional
Arresto mayor
Physical harm under Section 5(a):

80. Acts under Sec.5 (b)
Acts under Sec. 5 (c)
and Sec. 5 (d)
Acts under Sec. 5 (e)
Acts under Sec. 5 (f)
Acts under Sec. 5 (g)
Acts under Sec. 5 (h) (i)
Imprisonment of 2
degrees lower than the
consummated crime
Arresto mayor
Prision correccional
Arresto mayor
Prision mayor
Prision mayor
Penalties, cont’d

81. Penalties, cont’d
Fine:PhP 100,000 – PhP 300,000
+
Mandatory Psychological counseling
or psychiatric treatment

82. RTC Family Court has original and exclusive
jurisdiction
If no family court in the place where the offense
was committed, it shall be filed in the RTC where
the crime or any of its elements was committed
at the option of the complainant
Venue

83. Protection Orders
Definition: A protection order is an order issued for the
purpose of preventing further acts of violence
against a woman or her child. It can also
grant other necessary relief.
Kinds :
BPO – Barangay Protection Order
TPO – Temporary Protection Order
PPO – Permanent Protection Order

84. (a) the offended party;
(b) parents or guardians of the offended party;
(c) ascendants, descendants or collateral relatives within the fourth civil
degree of consanguinity or affinity;
(d) officers or social workers of the DSWD or social workers of local
government units (LGUs);
(e) police officers, preferably those in charge of women and children's
desks;
(f) Punong Barangay or Barangay Kagawad;
(g) lawyer, counselor, therapist or healthcare provider of the petitioner;
(h) At least two (2) concerned responsible citizens of the city or
municipality where the violence against women and their children
occurred and who has personal knowledge of the offense committed.
Who may file Petition for Protection Order

85. Form
 must be in writing,
 signed and verified under oath by the applicant.
It may be filed as an independent action or as incidental
relief in any civil or criminal case.
A standard protection order application form, written in
English with translation to the major local languages,
shall be made available to facilitate applications for
protections order

86. Form
If the applicants is not the victim, the application must be
accompanied by an affidavit of the applicant attesting to
(a) the circumstances of the abuse suffered by the victim and
(b) the circumstances of consent given by the victim for the
filling of the application.
When disclosure of the address of the victim will pose danger
to her life, it shall be so stated in the application. In such
a case, the applicant shall attest that the victim is residing
in the municipality or city over which court has territorial
jurisdiction, and shall provide a mailing address for
purpose of service processing.

87. Form
An application for protection order filed with a court shall
be considered an application for both a TPO and
PPO.
Barangay officials and court personnel shall assist
applicants in the preparation of the application.
Law enforcement agents shall also extend assistance in the
application for protection orders in cases brought to
their attention.

88. Reliefs that may be included in the Protection Orders
1) Prohibition of respondent from threatening to commit or
committing personally or through another;
2) Prohibition of respondent from harassing, annoying,
telephoning, contacting or otherwise communicating
with petitioner directly or indirectly;
3) Removal and exclusion of the respondent from the residence
of the petitioner, regardless of ownership of the residence,
temporarily or permanently
4) Directing the respondent to stay away from the petitioner
and any designated family or household member at a distance
specified by the court, and to stay away from the residence,
school, place of employment or any specified place

89. 5) Directing lawful possession and use by petitioner of
an automobile and other essential personal effects
6) Temporary or permanent custody of a child/children
to the petitioner
7) Support to the woman and or her child if entitled to support
8) Prohibition of respondent from any use or possession of
firearm or deadly weapon. Court can order him to surrender
the same for appropriate disposition by the court.
9) Restitution for actual damages caused by the violence inflicted
10)Directing DSWD or appropriate agency to provide shelter etc.
11)Other relief necessary

90. Enforceability of Protection Orders
All TPOs and PPOs issued are enforceable anywhere in the
Philippines.
A violation of the TPOs and PPOs shall be punishable by a
Fine of PhP 5,000 – PhP 50,000 and/or
Imprisonment of 6 months
Effectivity of TPOs:
30 days.
Extendable for a period of 30 days each particular time
until final judgment is issued.

91. Duties of Barangay Officials and LawEnforcer
(a) respond immediately to a call for help or request for
assistance or protection of the victim by entering the
necessary whether or not a protection order has been
issued and ensure the safety of the victim/s;
(b) confiscate any deadly weapon in the possession of the
perpetrator or within plain view;
(c) transport or escort the victim/s to a safe place of their
choice or to a clinic or hospital;
(d) assist the victim in removing personal belongs from the
house;
(e) assist the barangay officials and other government
officers and employees who respond to a call for help;

92. Duties of Barangay Officials and Law Enforcer
(f) ensure the enforcement of the Protection Orders issued
by the Punong Barangy or the courts;
(g) arrest the suspected perpetrator wiithout a warrant
when any of the acts of violence defined by this Act is
occurring, or when he/she has personal knowledge that
any act of abuse has just been committed, and there is
imminent danger to the life or limb of the victim as
defined in this Act; and
(h) immediately report the call for assessment or assistance
of the DSWD, social Welfare Department of LGUs or
accredited non-government organizations (NGOs).

93. Failure to Report
Any barangay official or law enforcer who fails to
report the incident shall be liable for a fine not
exceeding Ten Thousand Pesos (P10,000.00) or
whenever applicable criminal, civil or
administrative liability.

94. Confidentiality
All records pertaining to cases of violence against women
and children including those in the barangay shall be
confidential.
All public officers and employees and public or private clinics
or hospitals shall respect the right of privacy of the victim.
Any violation of confidentiality clause shall be subject to the
contempt powers of the court.

95. Prescription of Action
Acts falling under Sections 5(a) to 5(f) shall prescribe
in twenty (20) years.
Acts falling under Sections 5(g) to 5(i) shall prescribe
in ten (10) years.