VAWC TPO sans hearing OK — SC
The TPO may also award temporary custody of minor children to protect them from violence
Daily TribuneThe TPO may also award temporary custody of minor children to protect them from violence
The Supreme Court has ruled that trial courts can issue a temporary protection order, or TPO, in cases of violence against women and their children, even in the absence of a notice of hearing for the subject of the complaint.
The TPO that a trial court may issue, the SC explained, is intended to "prevent further acts of violence against women and their children, their family, or household members."
The SC added that trial courts may also grant other necessary reliefs in favor of the complainants under Republic Act 9262 or the Violence Against Women and their Children Act.
The purpose of the TPO "is to safeguard the offended parties from further harm, minimize any disruption in their daily lives, and facilitate the opportunity and ability to regain control of their lives," it added.
Senior Associate Justice Marvic Leonen, in the decision he wrote, said the SC would not interpret a provision of the VAWC in a way that would make it powerless and futile.
"The scope of reliefs in protection orders is broadened to ensure that the victim or offended party is afforded all the remedies necessary to curtail access by a perpetrator to the victim," Leonen explained.
"This serves to safeguard the victim from greater risk of violence, to accord the victim and any designated family or household member safety in the family residence, and to prevent the perpetrator from committing acts that jeopardize the employment and support of the victim," he added.
Minors' custody
The TPO may also award temporary custody of minor children to protect them from violence, prevent their abduction by the perpetrator, and ensure their financial support.
As "time is of the essence," the SC said courts may issue a TPO after the raffle but before notice and hearing when the victim's life, limb, or property is in jeopardy.
"There need not be any fear that the judge may have no rational basis to issue an ex parte order. The victim is required not only to verify the allegations in the petition but also to attach her witnesses' affidavits to the petition," the SC said.
RA 9262 defines violence against women and children as any act or omission that causes or threatens to cause physical, sexual, or psychological harm to a woman or child.
The law also recognizes the concept of battered woman syndrome, which is a pattern of psychological and behavioral symptoms found in women who have been subjected to long-term abuse.
RA 9262 also aims to prevent VAWC by promoting gender equality and empowering women.
The law includes provisions that require schools to teach about gender equality and VAWC prevention, and it also requires the government to provide training for law enforcement officers and other professionals who work with victims of VAWC.