Article 174Act No. 3815, Sec./Art. 174

False medical certificates, false certificates of merit or service, etc.-The penalties of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not to exceed 1,000 pesos shall be imposed upon:

1. Any physician or surgeon who, in connection with the practice of his profession, shall issue a false certificate; and

2. Any public officer who shall issue a false certificate of merit or service, good conduct or similar circumstances.

The penalty of arresto mayor shall be imposed upon any private person who shall falsify a certificate falling within the classes mentioned in the two preceding subdivisions.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

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.

SECTION 9. Who may file Petition for Protection Orders . –

A petition for protection order may be filed by any of the

following:

(a) the offended party;

(b) parents or guardians of the offended party;

(c) ascendants, descendants or collateral relatives within

the fourth civil degree of consanguinity or affinity;

(d) officers or social workers of the DSWD or social

workers of local government units (LGUs);

(e) police officers, preferably those in charge of women

and children's desks;

(f) Punong Barangay or Barangay Kagawad ;

(g) lawyer, counselor, therapist or healthcare provider of

the petitioner;

(h) At least two (2) concerned responsible citizens of the

city or municipality where the violence against women

and

their

children

occurred

and

who

has personal

knowledge of the offense committed.

SECTION 10. Where to Apply for a Protection Order . –

Applications for BPOs shall follow the rules on venue

under Section 409 of the Local Government Code of 1991

and

its

implementing

rules

and

regulations.

An

application for a TPO or PPO may be filed in the regional

trial court, metropolitan trial court, municipal trial court,

municipal circuit trial court with territorial jurisdiction

over the place of residence of the petitioner: Provided,

however, That if a family court exists in the place of

residence of the petitioner, the application shall be filed

with that court.

SECTION 11. How to Apply for a Protection Order . – The

application for a protection order must be in writing,

signed and verified under oath by the applicant. It may

be filed as an independent action or as incidental relief in

any civil or criminal case the subject matter or issues

thereof partakes of a violence as described in this Act. A

standard protection order application form, written in

English with translation to the major local languages,

shall be made available to facilitate applications for

protections order, and shall contain, among other, the

following information:

(a) names and addresses of petitioner and respondent;

(b) description of relationships between petitioner and

respondent;

(c) a statement of the circumstances of the abuse;

(d) description of the reliefs requested by petitioner as

specified in Section 8 herein;

(e) request for counsel and reasons for such;

(f) request for waiver of application fees until hearing; and

(g) an attestation that there is no pending application for

a protection order in another court.

If the applicants is not the victim, the application must be

accompanied by an affidavit of the applicant attesting to

(a) the circumstances of the abuse suffered by the victim

and (b) the circumstances of consent given by the victim

for the filling of the application. When disclosure of the

address of the victim will pose danger to her life, it shall

be so stated in the application. In such a case, the

applicant shall attest that the victim is residing in the

municipality

or

city

over

which court has territorial

jurisdiction,

and shall provide a mailing address for

purpose of service processing.

An application for protection order filed with a court shall

be considered an application for both a TPO and PPO.

Barangay

officials

and

court

personnel

shall

assist

applicants in the preparation of the application. Law

enforcement agents shall also extend assistance in the

application for protection orders in cases brought to their

attention.

SECTION 12. Enforceability of Protection Orders . – All

TPOs and PPOs issued under this Act shall be enforceable

anywhere in the Philippines and a violation thereof shall

© Compiled By RGL

174 of 201