Persons and Family Relations

Salient Areas

According to to Section 4 of A.M. No. 04-10-11-S:

(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.

Additionally, according to RA 9262:

SECTION 8. Protection Orders.- A protection order is an order issued under this act for the purpose
of preventing further acts of violence against a woman or her child specified in Section 5 of this Act
and granting other necessary relief. The relief granted under a protection order serve the purpose of
safeguarding the victim from further harm, minimizing any disruption in the victim's daily life, and
facilitating the opportunity and ability of the victim to independently regain control over her life. The
provisions of the protection order shall be enforced by law enforcement agencies. The protection
orders that may be issued under this Act are the barangay protection order (BPO), temporary
protection order (TPO) and permanent protection order (PPO). The protection orders that may be
issued under this Act shall include any, some or all of the following reliefs:

(a) Prohibition of the respondent from threatening to commit or committing, personally or through
another, any of the acts mentioned in Section 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise
communicating with the petitioner, directly or indirectly;

(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of
ownership of the residence, either temporarily for the purpose of protecting the petitioner, or
permanently where no property rights are violated, and if respondent must remove personal effects
from the residence, the court shall direct a law enforcement agent to accompany the respondent has
gathered his things and escort respondent from the residence;

(d) Directing the respondent to stay away from petitioner and 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 frequented by the petitioner and any designated family or
household member;

(e) Directing lawful possession and use by petitioner of an automobile and other essential personal
effects, regardless of ownership, and directing the appropriate law enforcement officer to accompany
the petitioner to the residence of the parties to ensure that the petitioner is safely restored to the
possession of the automobile and other essential personal effects, or to supervise the petitioner's or
respondent's removal of personal belongings;

(f) Granting a temporary or permanent custody of a child/children to the petitioner;

(g) Directing the respondent to provide support to the woman and/or her child if entitled to legal
support. 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 the respondent's employer for
the same to be automatically remitted directly to the woman. Failure to remit and/or withhold or any
delay in the remittance of support to the woman and/or her child without justifiable cause shall render
the respondent or his employer liable for indirect contempt of court;

(h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and
order him to surrender the same to the court for appropriate disposition by the court, including
revocation of license and disqualification to apply for any license to use or possess a firearm. If the
offender is a law enforcement agent, the court shall order the offender to surrender his firearm and
shall direct the appropriate authority to investigate on the offender and take appropriate action on
matter;

(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to,
property damage, medical expenses, childcare expenses and loss of income;

(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and

(k) Provision of such other forms of relief as the court deems necessary to protect and provide for the
safety of the petitioner and any designated family or household member, provided petitioner and any
designated family or household member consents to such relief.

Any of the reliefs provided under this section shall be granted even in the absence of a decree of
legal separation or annulment or declaration of absolute nullity of marriage.

The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner
from applying for, or the court from granting a TPO or PPO.

Who may issue a BPO and how long is the duration of

BPOs?
According to RA 9262:

SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection
Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering the perpetrator
to desist from committing acts under Section 5 (a) and (b) of this Act. A Punong Barangay who
receives applications for a BPO shall issue the protection order to the applicant on the date of filing
after ex parte determination of the basis of the application. If the Punong Barangay is unavailable to
act on the application for a BPO, the application shall be acted upon by any available Barangay
Kagawad. If the BPO is issued by a Barangay Kagawad the order must be accompanied by an
attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time for the
issuance of the BPO. BPOs shall be effective for fifteen (15) days. Immediately after the issuance of
an ex parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy of the
same on the respondent, or direct any barangay official to effect is personal service.

The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong
Barangay.

What is the procedure in acquiring a BPO?

According to A.M. No. 04-10-11-S:

SEC. 41. Venue. - Applications for barangay protection orders shall observe the following rules on
venue:

(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.
SEC. 42. Where to file complaint for violation of a barangay protection order. - A complaint for
violation of a barangay protection order may be filed with any metropolitan trial court, municipal trial
court in cities, municipal trial court or municipal circuit trial court that has territorial jurisdiction over
the barangay which issued the said protection order.

SEC. 43. Procedure. - (a) The complaint shall be accompanied by affidavits and other evidence
proving the alleged violation;

(b) Upon receipt of the complaint, the court shall issue an order requiring the accused to submit
within five days his counter-affidavit, the affidavits of his witnesses and other evidence in his behalf;

(c) If the court, upon a consideration of the complaint, the counter-affidavits of the accused and other
evidence submitted by the parties, finds no cause or ground to hold the accused for trial, it shall
order the dismissal of the case; otherwise, it shall set the case for arraignment and trial;

(d) Violation of a barangay protection order shall be punishable by imprisonment of thirty days
without prejudice to any other criminal or civil action that the offended party may file for any of the
acts committed; and

(e) A judgment of violation of a barangay protection order may be appealed to the regional trial court
whose decision shall be final. An appeal from a judgment of violation of a barangay protection order
shall not stay the enforcement of a protection order that might have been issued by the trial court
during the trial.

SEC. 44. Issuance of protection order when warranted; contempt of court for violation. - During trial
or upon judgment, the trial court may motu proprio issue a protection order when warranted.
Violation of any protection order issued under this Section shall constitute contempt of court
punishable under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action
that the offended party may file for any of the acts committed.

SOLO PARENT

Who is a "Solo parent"? A solo parent is any individual who falls under any of the following categories:

(1) A woman who gives birth as a result of rape and other crimes against chastity even without a final
conviction of the offender: Provided, That the mother keeps and raises the child;

(2) Parent left solo or alone with the responsibility of parenthood due to death of spouse;
(3) Parent left solo or alone with the responsibility of parenthood while the spouse is detained or is serving
sentence for a criminal conviction for at least one (1) year;

(4) Parent left solo or alone with the responsibility of parenthood due to physical and/or mental incapacity
of spouse as certified by a public medical practitioner;

(5) Parent left solo or alone with the responsibility of parenthood due to legal separation or de facto
separation from spouse for at least one (1) year, as long as he/she is entrusted with the custody of the
children;

(6) Parent left solo or alone with the responsibility of parenthood due to declaration of nullity or annulment
of marriage as decreed by a court or by a church as long as he/she is entrusted with the custody of the
children;

(7) Parent left solo or alone with the responsibility of parenthood due to abandonment of spouse for at
least one (1) year;

(8) Unmarried mother/father who has preferred to keep and rear her/his child/children instead of having
others care for them or give them up to a welfare institution;

(9) Any other person who solely provides parental care and support to a child or children;

(10) Any family member who assumes the responsibility of head of family as a result of the death,
abandonment, disappearance or prolonged absence of the parents or solo parent.
A change in the status or circumstance of the parent claiming benefits under this Act, such that he/she is
no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for these
benefits.1

Reference:

1Section
3(a) of REPUBLIC ACT NO. 8972- AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES
TO SOLO PARENTS AND THEIR CHILDREN, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES.

PARENTAL RESPONSIBILITY

"Parental responsibility" - with respect to their minor children shall refer to the rights and duties of the
parents as defined in Article 220 of Executive Order No. 209, as amended, otherwise known as the
"Family Code of the Philippines.1

Art. 220 of the Family Code provides:

Art. 220. The parents and those exercising parental authority shall have with the respect to their
unemancipated children on wards the following rights and duties:

(1) To keep them in their company, to support, educate and instruct them by right precept and good
example, and to provide for their upbringing in keeping with their means;

(2) To give them love and affection, advice and counsel, companionship and understanding;

(3) To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline,
self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them compliance with
the duties of citizenship;

(4) To furnish them with good and wholesome educational materials, supervise their activities, recreation
and association with others, protect them from bad company, and prevent them from acquiring habits
detrimental to their health, studies and morals;

(5) To represent them in all matters affecting their interests;

(6) To demand from them respect and obedience;

(7) To impose discipline on them as may be required under the circumstances; and

(8) To perform such other duties as are imposed by law upon parents and guardians. (316a) 2

References:

1Section
3 (c) of REPUBLIC ACT NO. 8972- AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES
TO SOLO PARENTS AND THEIR CHILDREN, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES.

2Article220 of Executive Order No. 209, as amended, otherwise known as the "Family Code of the
Philippines".

PARAPHERNAL PROPERTY is property that solely belongs to either the husband or the wife only.
Paraphernal Property is not part of the conjugal property or absolute community property.

If the property regime of the husband and wife is complete separation of property, all properties
brought and acquired by each of the spouses before and during the marriage belongs only to either
the husband or the wife and not by both of them.

Is it necessary that there be a pre-nuptial agreement for Paraphernal Property to exist?

No. In case of inherited properties within the marriage, the inherited properties remain paraphernal to
the heir.

Who owns the fruits of Paraphernal Property?

The fruits of a Paraphernal Property redounds solely to the owner thereof. Even if the fruits accrued
during the marriage.