Republic Act No.

9262 allows for the issuance of three (3) kinds of protection orders: a Barangay
Protection Order, a Temporary Protection Order, and a Permanent Protection Order. A Barangay
Protection Order is issued by a Punong Barangay or by a Barangay Kagawad. (Pavlow v. Mendenilla,
G.R. No. 181489, [April 19, 2017], 809 PHIL 24-64)

Barangay Protection Order (BPO)

I. Who issues BPO?

A. Punong Barangay, or
B. Barangay Kagawad (in the absence of the Punong Barangay)

II. How is BPO issued?

A. 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.
B. 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. The order that the
latter issued 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.

III. When does BPO take effect?

 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.

IV. What is in the BPO?

 An order to 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).

V. Where to file an application for BPO?

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.

VI. Where to file complaint for violation of a barangay protection order?

 Any of the following, provided that it has territorial jurisdiction over the
barangay which issued the said protection order.

A. Metropolitan trial court,

 B. Municipal trial court in cities,
C. Municipal trial court or
D. Municipal circuit trial court.

VII. What are the procedures in filing the complaint?

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.

TAKE NOTE:

There is no undue delegation of judicial power to barangay officials.

As clearly delimited by the aforequoted provision, the BPO issued 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."

In the same manner as the public prosecutor ascertains through a preliminary inquiry or
proceeding "whether there is reasonable ground to believe that an offense has been committed
and the accused is probably guilty thereof," the Punong Barangay must determine reasonable
ground to believe that an imminent danger of violence against the woman and her children exists
or is about to recur that would necessitate the issuance of a BPO. The preliminary investigation
conducted by the prosecutor is, concededly, an executive, not a judicial, function. The same holds
true with the issuance of a BPO.

(Garcia v. Drilon, G.R. No. 179267, [June 25, 2013], 712 PHIL 44-176)