A.M. No. 04-10-11-SC (2004) - Rule on Violence Against Women and Their Children

(a) To protect the rights of the family and its members particularly women and children from violence and threats to their personal safety and security;

(b) To enable the courts to manage and monitor cases involving violence against women and children and the members of their family or household;

(c) To prevent any disruption in the daily lives of the offended parties and assist them to regain control of their lives;

(d) To ensure that treatment is provided for the offended parties and offenders; and

(e) To hold the offenders accountable for their acts.

(a) "Violence against women and their children" refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or a woman with whom the person has or had a dating or sexual relationship, or with whom he has a common child, or 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.

(b) "Children" refers to persons below eighteen years of age or older but are unable to fully take care of themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition. It includes the biological children of the offended party and other children under her care.

(c) "Members of the family" shall include husband and wife, parents and children, the ascendants or descendants, brothers and sisters, whether of the full or half blood, whether living together or not.

(d) "Members of the household" shall include:

(e) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting in physical and psychological or emotional distress.

(f) "Sexual violence" refers to an act which is sexual in nature committed against a woman or her child. It includes the following:

(g) "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional suffering of the offended party such as intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and marital infidelity. It includes causing or allowing the offended party to witness the physical, sexual or psychological abuse; of a member of the family to which the offended party belongs, or to witness pornography in any form or .to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody or visitation of common children.

(h) "Economic abuse" refers to acts that make or attempt to make a woman financially dependent which includes the following:

(i) "Stalking" refers to an intentional act of knowingly and without lawful justification, following the woman or her child or placing the woman or her child under surveillance directly or indirectly or through a combination thereof.

(j) "Sexual relationship" refers to a single sexual act which may or may not result in the bearing of a common child;

(k) "Program of intervention for offended parties" refers to a specialized program that provides advocacy, shelter, crisis intervention, social services, treatment, counseling, education, or training.

(I) "Program of intervention for offenders" refers to court-ordered treatment of offenders given by agencies or persons who have demonstrated expertise and experience in anger control, management of alcohol, substance abuse; and other forms of intervention to stop violence,

(m) "Safe Place or Shelter" refers to any home or institution managed by the Department of Social Welfare and Development (DSWD) or by any agency or voluntary organization accredited by the DSWD or any other suitable place the resident of which is willing to receive the offended party temporarily.

(n) "Safety plan" refers to a written plan of action prepared by a social worker and approved by the court to secure the protection of the offended party.

(o) "Protection order" is an order issued by the court to prevent further acts of violence against women and their children, their family or household members, and to grant other necessary relief. Its purpose is to safeguard the offended parties from further harm, minimize any disruption in their daily life and facilitate the opportunity and ability to regain control of their life.

(p) "Barangay protection order" (BPO) refers to the protection order issued by the Punong Barangay, or in his absence the Barangay Kagawad, ordering the perpetrator to desist from committing acts of violence against the family or household members particularly women and their children under Sections 5a and 5b of R.A. No. 9262.

(q) "Temporary protection order" (TPO) refers to the protection order issued by the court on the filing of the application and after ex parte determination of its need. It may also be issued in the course of a hearing, motu proprio or upon motion.

(r) "Permanent protection order" (PPO) refers to the protection order issued by the court after notice and hearing.

(s) "Live-link television testimony" refers to the testimony of a child, who is an eyewitness or offended party in violence against women and their children, taken in a room outside the courtroom and televised to the courtroom by live-link television, as provided for in Section 25 of the Rule on Examination of a Child Witness. It may also refer to the live-link testimony of an adult female victim of violence, which may be allowed at the discretion of the court.

(a) Causing, threatening or attempting to cause physical harm to the woman or her child;

(b) Placing the woman or her child in fear of imminent physical harm;

(c) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or to desist from conduct which the woman or her child has the right to engage in, or attempting to restrict .or restricting the woman's or her child's freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical on other harm, or intimidation directed against the woman or her child.

This shall include, but is not limited to, the following acts committed with the purpose or effect of controlling or restricting the movement or conduct of the woman or her child:

(d) Inflicting or threatening to inflict physical ham on oneself for the purpose of controlling her actions or decisions;

(e) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family;

(f) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child.

This shall include, but is not limited to, the following acts:

(g) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of a minor child or denial of access to the woman's child.

(a) Criminal action;

(b) Criminal action with reservation of a separate civil action; or

(c) Civil action for damages.

(a) The offended party;

(b) Parents or guardians of the offended party;

(c) Ascendants, descendants or collateral relatives of the offended party within the fourth civil degree of consanguinity or affinity;

(d) Officers or social workers of the Department of Social Welfare and Development (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; or

(h) At least two concerned, responsible citizens of the place where the violence against women and their children occurred and who have personal knowledge of the offense committed.

(a) The name, age and residence of the offended party;'

(b) The name, age and residence of the respondent;

(c) A description of the relationship between the offended party and the respondent;

(d) A complete description of the alleged act constituting violence including the date, time and place of occurrence;

(e) A request for counsel and the reasons for such;

(f) A request for waiver of application fees;

(g) The relief from violence prayed for, including protection orders to cover any designated family or household member who consents to such relief.

(a) facts showing the authority of the petitioner to file the petition;

(b) circumstances of the abuse suffered by the offended party; and

(c) circumstances of consent given by or refusal to consent of the offended party to file the petition.

(a) Prohibiting the respondent from threatening to commit or committing, personally or through another, acts of violence against the offended party;

(b) Prohibiting the respondent from harassing, annoying, telephoning, contacting or otherwise communicating in any form with the offended party, either directly or indirectly;

(c) Removing and excluding the respondent from the residence of the offended party, regardless of ownership of the residence, either temporally for the purpose of protecting the offended party, or permanently where no property rights are violated. If the respondent must remove personal effects from the residence, the court shall direct a law enforcement agent to accompany the respondent to the residence, remain there until the respondent has gathered his things and escort him from the residence;

(d) Requiring the respondent to stay away from the offended party and any designated family or household member at a distance specified by the court;

(e) Requiring the respondent to stay away from the residence, school, place of employment or any specified place frequented regularly by the offended party and any designated family or household member;

(f) Directing lawful possession and use by the offended party of an automobile and other essential personal effects, regardless of ownership, and directing the appropriate law enforcement officer to accompany the offended party to the residence of the parties to ensure that the offended party is safely restored to the possession of the automobile and other essential personal effects;

(g) Ordering temporary or permanent custody of the child/children with the offended party, taking into consideration the best interests of the child. An offended party who is suffering from Battered Woman Syndrome shall not be disqualified from having custody of her children. In no case shall custody of minor children be given to the batterer of a woman who is suffering from Battered Woman Syndrome;

(h) Directing the respondent to provide support 'o the woman and/or her child, if entitled to legal import. Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or salary of the respondent to be withheld regularly by his employer and to automatically remit it directly to the offended party. Failure to withhold, remit or any delay in the remittance of support to the offended party without justifiable cause shall render the respondent or his employer liable for indirect contempt of court;

(i) Prohibiting the respondent from carrying or possessing any firearm or deadly weapon and ordering him to surrender the same to the court for appropriate disposition, including revocation of license and disqualification to apply for any license to carry or possess a firearm. If the respondent is .a law enforcement agent, the court shall order him to surrender his firearm and shall direct the appropriate authority to investigate him and take appropriate action thereon;

(j) Directing the DSWD or any appropriate agency to prepare a program of intervention for the offended party that provides advocacy, temporary shelter, crisis intervention, treatment, therapy, counseling, education, training and other social services that the offended party may need;

(k) Requiring the respondent to receive professional counseling from agencies or persons who have demonstrated expertise and experience in anger control, management of alcohol, substance abuse and other forms of intervention to stop violence. The program of intervention for offenders must be approved by the court. The agency or person is required to provide the court with regular reports of the progress and result of professional counseling, for which the respondent may be ordered to pay; and

(I) Awarding the offended party actual damages caused by the violence inflicted, including, but not limited to, property damage, medical expanses, childcare expenses and loss of income; and compensatory, moral, and exemplary damages, subject to Sections 26a and 35 of this Rule.

(a) Communicating in a language understood by the petitioner;

(b) Providing the petitioner with a standard petition form written in English with translation into the major local dialects, including the instructions for its accomplishment;

(c) Ensuring the privacy of the offended party to the extent practicable while the form is being accomplished;

(d) Advising the petitioner on the availability of legal assistance from the Public Attorney's Office of the Department of Justice or any public legal assistance office;

(e) Advising the petitioner on entitlement of support services from the DSWD and LGUs;

(f) Advising the petitioner on the availability of an affidavit of indigency in lieu of payment of the filing fee;

(g) Providing the offended party with a certified copy of the protection order as well as giving the necessary information regarding the process for its service and enforcement;

(h) Making available informative materials on violence against women and their children, including their rights as victims; and

(i) Informing the offended party that compensation is available from the Department of Justice Board of Claims in accordance with the provisions of R.A. No. 7309 (1992), otherwise known as "An Act Creating a Board of Claims Under the Department of Justice for Victims of Unjust Imprisonment or Detention and Victims of Violent Crime and For Other Purposes."

(a) Taking any action necessary to provide for the safety of the offended party;

(b) Taking custody of the weapon used in the violence against women and their children;

(c) Transporting or obtaining transportation for the offended party to a safe place;

(d) Assisting the offended party in obtaining medical treatment, including transportation to a medical clinic or hospital; and

(e) Assisting the offended party in removing essential personal effects from the residence.

(a) Preparing a case study and a program of intervention for the offended party, including her children, and referring them to DSWD havens, crisis intervention centers and private entities rendering appropriate social services;

(b) Formulating a safety plan which shall be approved by the court; and

(c) Monitoring the measures indicated in the protection order.

(a) Motion to dismiss the petition except on the ground of lack of jurisdiction over the subject matter or over the parties;

(b) Motion for extension of time to file opposition, affidavit, position paper and other pleadings;

(c) Dilatory motion for postponement;

(d) Motion for a bill of particulars;

(e) Third-party complaint;

(f) Reply;

(g) Motion to declare the respondent in default;

(h) Intervention;

(i) Memorandum;

(j) Petition for certiorari, mandamus or prohibition against any interlocutory order issued by the court;

(k) Motion for new trial, or for reconsideration of a protection order, or for reopening of trial; and

(I) Petition for relief from judgment.

(a) When conducted. - A preliminary conference, which is mandatory, shall be held on the date indicated in the notice.

(b) Notice.—The notice shall be served the parties, including the offended party, who shall be required to notify their respective counsels, if any. The parties shall appear in person at the preliminary conference and submit their position papers setting forth the law and the facts relied upon by them.

(c) Nature and purpose.—The court shall consider:

The court shall not refer the case or any issue thereof to a mediator,

(d) Prohibited compromise.—The court shall not allow compromise on any act constituting the crime of violence against women and their children and other prohibited matters, such as the following:

(e) Effect of failure to appear.—

(a) Facts undisputed and admitted;

(b) Factual and legal issues to be resolved;

(c) Evidence, including objects and documents that have been marked and will be presented;

(d) Names of witnesses who will be ordered to present their direct testimonies in the form of affidavits; and

(e) Schedule of the presentation of evidence by both parties which shall be done in one day, to the extent possible, within the 30-day period of the effectivity of the temporary protection order issued.

(a) Rule applicable. - The Revised Rule on Summary Procedure shall apply as far as practicable.

(b) Period to hear petition.—The court shall, to the extent possible, endeavor to conduct in one day the hearing en the merits for the issuance of a permanent protection order. Where the court is unable to finish the hearing within one day and the temporary protection order issued is due to expire, it may extend or renew the temporary protection order for a period of thirty days each time until final judgment is rendered. The court may modify the extended or renewed temporary protection order as may be necessary to meet the needs of the parties.

(c) Evidence of history of abusive conduct.—The court may allow the introduction of any evidence of history of abusive conduct of a respondent even if the same was not directed against the victim, provided the same is relevant.

(d) Exclusion of persons from courtroom.—The court may order the exclusion from the courtroom of all persons who do not have a direct interest in the case. Such an order may be made if the court determines on the record that requiring a party to testify in open court:

(a) where the parties reside, in the same barangay, the dispute shall be brought for settlement in said barangay;

(b) where the parties reside in different barangays in the same city or municipality, the dispute shall be settled in the barangay where the respondent or any one of the respondents actually resides, at the choice of the complainant;

(c) disputes arising at the workplace where the contending parties are employed or at the institution where such parties are enrolled for study, shall be brought in the barangay where such workplace or institution is located; and

(d) any objection relating to venue shall be raised before the Punong Barangay during the proceedings before him. Failure to do so shall be deemed a waiver of such objections.