Steps to be taken by barangay officials in handling VAWC 

cases
Under Sec. 47 of the IRR of R.A. 9262, the Barangay Officials shall strictly observe the
following steps in handling VAWC cases at the Barangay level:
a) Upon being informed of an act of VAWC, the barangay official shall immediately verify the
information. If necessary, said official shall seek the assistance of the police;
b) Respond immediately to a call for help or request for assistance or protection of the victim-
survivor by entering the dwelling whether or not a protection order has been issued and ensure
the safety of the victim-survivors;
c) Interview the victim-survivors and the witnesses to determine the facts,and inform the victim-
survivors of their rights and remedies. Topreserve the testimony of the victim-survivor and the
witnesses, said official should document the interview in writing or record the testimonies by
audio or videotape with the consent of the victim-survivor;
d) Arrest the perpetrator even without a warrant when any of the acts of violence is occurring, or
when said barangay official has personal knowledge that any act of abuse has just been
committed, and in the presence of imminent danger to the life or limb of the victim-survivor. The
barangay official shall confiscate any deadly weapon in the possession of the perpetrator or
within plain view;
e) Transport or escort the victim-survivor to the nearest hospital, or available medical facility for
treatment and medico-legal examination. Said official shall assist the victim-survivors to secure
the medico-legal report;
f) If the perpetrator is not immediately arrested, advise him or her to temporarily leave the house
to prevent violence, or encourage her/him to go to the barangay center, DSWD, LGU or NGO,
church or other groups that provide counseling for perpetrators;
g) In the event that the victim-survivors have to be placed in a shelter or a safe place of their
choice, the barangay official shall assist them in taking their personal belongings and taking their
children and transfer them to a shelter or safe place;
h) Report the incident and refer the victim-survivor to the Local Social Welfare and
Development Office of the LGU within four (4) hours from the time of reporting. Said official
shall also report the incident to the Women and Children’s Protection Desk at the nearest Police
Station within the same period;
i) In cases where the victim-survivor applying for a BPO is a minor, any barangay official shall
assist the victim-survivor and shall refer her/him to NGOs, social workers for counseling,
temporary shelter and other support services;
j) Monitor compliance of the respondent with the BPO;
k) Ensure the safety and continued support to the victim-survivor and her family during the 15-
day period;
l) Assist the victim-survivors in filing the appropriate complaint with the PNP Women and
Children’s Protection Desk or other law enforcement agencies;
m) Ensure that all pertinent documents of the said cases are forwarded to the PNP Women and
Children’s Protection Desk;
n) Have a separate logbook for complaints and cases of VAWC and keep this confidential,
always ensuring the privacy of the victims;
o) Shall not attempt to influence the victim-survivor to abandon her claims; and
p) If the relief requested or applied for involves the failure to provide support to the woman or
her children, especially for their education and medical needs, the Punong Barangay or in his/her
absence, any Kagawad, shall call the respondent for counseling and explain to him his legal
obligations to support his wife and/or minor children. This shall not be construed to mean as a
mode of conciliation or mediation and must be done only with the presence of the respondent,
without the victim-survivor or applicant.
Note: Any barangay official or law enforcer who fails to report the incident of VAWC to the
PNP shall be liable for a fine not exceeding Ten Thousand Pesos (P10,000.00) or whenever
applicable criminal, civil or administrative liability.
OTHER DUTIES AND FUNCTIONS OF BARANGAY OFFICIALS
In order to eliminate violence against women and their children, barangay officials shall:
Undertake an education program on Republic Act No. 9262 and on violence against women and
their children and why it exists, the rights and remedies of victim-survivors, and the duties of
residents and all barangay officials;
Have a family violence prevention program, including peer counseling for men;
Support organizing efforts and development programs for womenin the community;
Prioritize livelihood projects for victim-survivors;
Involve women in planning and implementation of all programs and projects in the barangay;
Have an anti-VAWC desk officer in the barangay who shall coordinate a one-stop help desk. As
much as possible, this help desk shall be open for 24 hours;
Ensure that all barangay officials, barangay health workers, barangay nutrition scholars, other
barangay workers and tanod or barangay security officers undergo gender sensitivity seminars to
enable them to respond to victims of violence;
Develop a system to document and report cases of VAWC and assistance program to victims
thereof; and
If applicable/necessary, prescribe additional guidelines and standards provided that these are
consistent with R.A. 9262.
IMPORTANT REMINDERS IN THE ISSUANCE OF BPO’s
The Punong Barangay or Kagawad shall assist the victim-survivor/ petitioner in any application
for a BPO.
The ex parte determination on the application for a protection order shall have priority over all
proceedings. Barangay officials and the courts shall schedule and conduct hearings on
applications for a protection order above all other business and, if necessary, suspend other
proceedings in order to hear applications for a protection order. (Sec. 20, R.A. 9262)
The application for a BPO is an ex parte proceeding, which means that no notice and hearing
need be given to the respondent.
The Punong Barangay or kagawad, law enforcers and other government agencies shall not
mediate or conciliate or influence the victim-survivor/petitioner for a protection order to
compromise or abandon the relief sought. Otherwise, they shall be held administratively liable.
(Sec. 33, R.A. 9262)
BPOs shall be effective for fifteen (15) days. It is not extendible.
The application for and issuance of a BPO is free of charge.
The logbook (record of all VAW cases) is confidential and must be kept from the public
especially the media.
The following statement must be printed in bold-faced type or in capital letters on the protection
order issued by the Punong Barangay or court: “VIOLATION OF THIS ORDER IS
PUNISHABLE BY LAW.” (Sec. 17, R.A. 9262)
Violation of a BPO shall be punishable by imprisonment of thirty (30) days without prejudice to
any other criminal or civil action that the offended party may file for any of the acts committed.
(Sec. 21, R.A. 9262)
Sec. 34. Persons Intervening Exempt from Liability. – In every case of violence against women
and their children as herein defined,any person, private individual or police authority or barangay
official who, acting in accordance with law, responds or intervenes without using violence or
restraint greater than necessary to ensure the safety of the victim, shall not be liable for any
criminal, civil or administrative liability resulting therefrom. (R.A. 9262)
CONFIDENTIALITY
Sec. 44. Confidentiality. – All records pertaining to cases of violence against women and their
children including those in the barangay shall be confidential and all public officers and
employees and public or private clinics to hospitals shall respect the right to privacy of the
victim. Whoever publishes or causes to be published, in any format, the name, address, telephone
number, school, business address, employer, or other identifying information of a victim or an
immediate family member, without the latter’s consent, shall be liable to the contempt power of
the court.
Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and
a fine of not more than Five Hundred Thousand pesos (P500,000.00). (R.A. 9262)
Section 16. Violation of a Barangay Protection Order.
A complaint for a violation of a BPO issued under the Act must be filed directly with any
Municipal Trial Court, Metropolitan Trial Court, or Municipal Circuit Trial Court that has
territorial jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be
punishable by imprisonment of thirty (30) days without prejudice to any other criminal or civil
action that the offended party may file for any of the acts committed.
A complaint for a violation of a BPO shall be initiated by the Punong Barangay or Kagawad who
issued the BPO and if he/she is no longer in office or is incapacitated, a complaint for a violation
of the BPO may be filed by any barangay official. It shall be the primary responsibility of these
barangay officials to initiate complaints for violations of BPOs.
In the event that the Punong Barangay or Kagawad or barangay official referred to in the
preceding paragraph refuses to initiate a complaint for a violation of a BPO, the victim-survivor/
applicant shall have the right to file such complaint, without prejudice to the right to file
appropriate administrative, civil or criminal action against the barangay official concerned. (IRR
of R.A. 9262)