Who can issue a BPO?

By now, I assume you are already aware of the term BPO. But for those who are still unaware of it, BPO literally stands for “Barangay Protection Order.”

In particular, a BPO refers to the protection order issued by the barangay, ordering the perpetrator to desist from committing certain acts of violence against the family or household members, particularly women and their children, under RA 9262.

RA 9262 or Republic Act No. 9262 is known in common as the “Anti-Violence Against Women and Their Children Act of 2004.”

Issued free of charge, a BPO is enforceable within the barangay that issued it. And it is effective for a period of 15 days.

But who can issue a BPO?

RA 9262 gives us the answer to this question. And it says in essence that it is the Punong Barangay and any of the Barangay Kagawad who can issue it.

When it comes to a Barangay Kagawad, however, you need to remember that he can only issue a BPO if the Punong Barangay is unavailable.

You need to remember too that if issued by a Barangay Kagawad, the BPO must be accompanied by his attestation to the effect that the Punong Barangay was unavailable at the time of its issuance.

Of course, if issued by the Punong Barangay, no such attestation is required.

[References: RA 9262, also known as the “Anti-Violence Against Women and Their Children Act of 2004,” the Implementing Rules and Regulations of RA 9262, and the Rule on Violence Against Women and Their Children (A.M. No. 04-10-11-SC, October 19, 2004)]

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