Issuance of a Barangay Protection Order (BPO)

‘epublic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DILG-NAPOLCOM Center, EDSA cor. Quezon Avenue, West Triangle, Quezon City DILG OPINION www.dilg.gov.ph OCT 28 nue NO HS. 20% JOSE MARIA RAMIREZ Barangay Secretary jomramirez.sanandres@gmail.com Dear Mr. Ramirez: This has reference to your email dated April 28, 2025, requesting the Department's legal opinion on the issuance of a Barangay Protection Order (BPO). Before we delve into your query, allow us first to define a Barangay Protection Order. BPO is a protection order issued by the Punong Barangay ordering the perpetrator/respondent to desist from committing acts of violence under Section 7 (a) and (b) of these Rules. Among others, these include: physical harm to the woman or her child and threats to the woman and her child." In Sections 14 (b) (c) of the Implementing Rules and Regulation of Republic Act No. 9282 provides that — “b) The Punong Barangay or Kagawad must issue the BPO on the same day of application, immediately upon the conclusion of the ex parte proceeding. A BPO is granted ex parte, without notice and hearing to the respondent. c) The BPO shall be effective for fifteen (15) days.” Clearly, a BPO is issued by the Punong Barangay or any available Kagawad on the same day the application is filed, immediately after conducting an ex parte proceeding. This means that whenever a BPO is issued a respondent is no longer notified or required to be present during the process. Upon issuance of the BPO it takes effect immediately and is valid for 15 days thus, providing immediate and temporary protection to the victim from further acts of violence. Meanwhile, a Temporary Protection Orders (TPOs) refer to protection order issued by the court on the date of filing of the application after ex parte determination that such order should be issued. A court may grant in a TPO any, some or all of the reliefs mentioned in the Act and shall be effective for thirty (30) days. The seeming conflict and/or confusion can be reconciled based on the fact that both BPO and TPO are remedies available to victims of VAWC. They are both complementary legal remedies. The only difference is that a BPO is issued by the 1 Section 13 of the IRR of RA 9262 “Matino, Mahusay at Maaasahan” Trunkline No. (02) 8876 3454