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 of 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 its personal service.
The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong
Barangay.
1âwphi 1
Hence, the issuance of a BPO by the Punong Barangay or, in his unavailability, by any available
Barangay Kagawad, merely orders the perpetrator to desist from (a) causing physical harm to the
woman or her child; and (2) threatening to cause the woman or her child physical harm.
Such function of the Punong Barangay is, thus, purely executive in nature, in pursuance of his duty
under the Local Government Code to "enforce all laws and ordinances," and to "maintain public
order in the barangay."17
Petitioner assails that the CA erred in finding that the RTC did not commit grave abuse of discretion
in issuing the TPO dated May 23, 2005 as the petition was bereft of any indication of grounds for the
issuance of the same. Petitioner claims that while the issuance of the TPO is ex parte, there must be
a judicial determination of the basis thereof. He contends that the allegations in respondent's
affidavit attached to the petition, and without admitting the same to be true, are nothing more than
normal or usual quarrels between a husband and wife which are not grave or imminent enough to
merit the issuance of a TPO.
We are not persuaded.
We quote again Section 15 of RA 9262 for ready reference, thus:
SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the
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 this Act and shall be effective for thirty (30) days. The court shall schedule a
hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. The court shall
order the immediate personal service of the TPO on the respondent by the court sheriff who may
obtain the assistance of law enforcement agents for the service. The TPO shall include notice of the
date of the hearing on the merits of the issuance of a PPO.
Clearly, the court is authorized to issue a TPO on the date of the filing of the application after ex
parte determination that there is basis for the issuance thereof. Ex parte means that the respondent
need not be notified or be present in the hearing for the issuance of the TPO. Thus, it is within the
court’s discretion, based on the petition and the affidavit attached thereto, to determine that the
violent acts against women and their children for the issuance of a TPO have been committed.
And Section 5 of the same law provides:
SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against
women and their children is committed through any of the following acts:
(a) Causing physical harm to the woman or her child;