Barangay Protection Order (BPO): Meaning
Quick answer
A Barangay Protection Order (BPO) is an order from the Punong Barangay telling a person to stop hurting, or threatening to hurt, a woman or her child. It is issued on the same day the woman applies and lasts 15 days. It comes from Section 14 of the Anti-Violence Against Women and Their Children Act (Republic Act No. 9262, the VAWC law).
Also called: BPO
What can a BPO order?
Only two things. Section 14 says the BPO orders the perpetrator to desist from the acts in Section 5(a) and (b) of the law:
- causing physical harm to the woman or her child; and
- threatening to cause the woman or her child physical harm.
Wider orders, such as removing the respondent from the home, custody or support, come only from the courts, through a Temporary or Permanent Protection Order. See BPO vs TPO vs PPO.
How is it issued?
- Where: at the barangay, following the venue rules of Section 409 of the Local Government Code (RA 9262, Section 10). Section 409 points to the barangay where both parties live or, if they live in different barangays of the same city or town, the barangay where the respondent lives.
- Who: the Punong Barangay, or any available Barangay Kagawad if the Punong Barangay is not available (Section 14).
- When: on the date of filing, after an ex parte determination of the basis of the application. The respondent is not heard first.
- Service: right after issuing it, the Punong Barangay or Kagawad must personally serve a copy on the respondent, or have a barangay official do it.
The applicant may be accompanied by a non-lawyer advocate before the Punong Barangay. Section 33 forbids barangay officials from pressuring the applicant to compromise or drop the reliefs asked for, and the barangay's usual mediation and conciliation rules do not apply to these cases.
In Garcia v. Drilon (2013), the Supreme Court upheld this power. It said the BPO "merely orders the perpetrator to desist" from these two acts, so the Punong Barangay's function is "purely executive in nature".
What if it is violated?
Under Section 21, a complaint for violation of a BPO goes directly to the municipal, metropolitan or municipal circuit trial court with jurisdiction over the barangay that issued it. The penalty is imprisonment of 30 days, without prejudice to other criminal or civil cases.
Example
Made-up illustration: One evening, Joy's live-in partner Mark slaps her and threatens to hit her again. Joy goes to the Punong Barangay of the barangay where she lives. The Punong Barangay issues a BPO the same day without first hearing Mark, and has it served on him. It is valid for 15 days. Before it ends, Joy can also ask the court for a Temporary Protection Order.
For the full steps of a complaint, see How to file a VAWC case. For time off work for victims, see VAWC leave.
Which Supreme Court rulings are relevant?
Frequently asked questions
How long is a Barangay Protection Order valid?
Fifteen days. Section 14 of RA 9262 says BPOs shall be effective for fifteen (15) days.
Who can issue a BPO?
The Punong Barangay. If the Punong Barangay is unavailable, any available Barangay Kagawad acts on the application and must attest that the Punong Barangay was unavailable (Section 14).
Is the respondent heard before the BPO is issued?
No. The BPO is issued on the date of filing after an ex parte determination, meaning on the applicant's side alone. A copy is then personally served on the respondent (Section 14).
What happens if the respondent violates the BPO?
A complaint is filed directly with the municipal, metropolitan or municipal circuit trial court covering the barangay that issued it. The violation is punishable by imprisonment of 30 days, without prejudice to other cases (Section 21).
Can I still ask the court for a TPO or PPO after getting a BPO?
Yes. Section 8 says a BPO, or a pending application for one, does not stop the petitioner from applying for, or the court from granting, a Temporary or Permanent Protection Order.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
Was this page helpful?