Article 175Act No. 3815, Sec./Art. 175

Using false certificates.-The penalty of arresto menor shall be imposed upon any one who shall knowingly use any of the false certificates mentioned in the next preceding article.

SECTION SIX.-Manufacturing, importing and possession of instruments or implements intended for the commission of falsification

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

be punishable with a fine ranging from Five Thousand

Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00)

and/or imprisonment of six (6) months.

SECTION

13. Legal Representation of Petitioners for

Protection Order . – If the woman or her child requests in

the

applications

for

a

protection

order

for

the

appointment of counsel because of lack of economic

means

to

hire

a

counsel

de parte, the court shall

immediately direct the Public Attorney's Office (PAO) to

represent the petitioner in the hearing on the application.

If the PAO determines that the applicant can afford to

hire the services of a counsel de parte, it shall facilitate

the legal representation of the petitioner by a counsel de

parte. The lack of access to family or conjugal resources

by the applicant, such as when the same are controlled

by the perpetrator, shall qualify the petitioner to legal

representation by the PAO.

However, a private counsel offering free legal service is

not barred from representing the petitioner.

SECTION 14. Barangay Protection Orders (BPOs); Who

May Issue and How. - Barangay Protection Orders (BPOs)

refer to the protection order issued by the Punong

Barangay

ordering

the

perpetrator

to

desist

from

committing acts under Section 5 (a) and (b) of this Act. 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. 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. 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 for 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 is personal service.

The

parties

may

be

accompanied

by

a

non-lawyer

advocate in any proceeding before the Punong Barangay.

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.

SECTION 16. Permanent Protection Orders . – Permanent

Protection Order (PPO) refers to protection order issued

by the court after notice and hearing.

Respondents non-appearance despite proper notice, or

his lack of a lawyer, or the non-availability of his lawyer

shall not be a ground for rescheduling or postponing the

hearing on the merits of the issuance of a PPO. If the

respondents appears without counsel on the date of the

hearing on the PPO, the court shall appoint a lawyer for

the

respondent

and

immediately

proceed

with

the

hearing. In case the respondent fails to appear despite

proper notice, the court shall allow ex parte presentation

of the evidence by the applicant and render judgment on

the basis of the evidence presented. The court shall allow

the introduction of any history of abusive conduct of a

respondent even if the same was not directed against the

applicant or the person for whom the applicant is made.

The court shall, to the extent possible, conduct the

hearing on the merits of the issuance of a PPO in one (1)

day. Where the court is unable to conduct the hearing

within one (1) day and the TPO issued is due to expire, the

court shall continuously extend or renew the TPO for a

period of thirty (30) days at each particular time until final

judgment is issued. The extended or renewed TPO may

be

modified by the court as may be necessary or

applicable to address the needs of the applicant.

The court may grant any, some or all of the reliefs

specified in Section 8 hereof in a PPO. A PPO shall be

effective until revoked by a court upon application of the

person in whose favor the order was issued. The court

shall ensure immediate personal service of the PPO on

respondent.

The court shall not deny the issuance of protection order

on the basis of the lapse of time between the act of

violence and the filing of the application.

Regardless

of

the

conviction

or

acquittal

of

the

respondent, the Court must determine whether or not

the PPO shall become final. Even in a dismissal, a PPO

shall be granted as long as there is no clear showing that

the act from which the order might arise did not exist.

SECTION 17. Notice of Sanction in Protection Orders . –

The following statement must be printed in bold-faced

type or in capital letters on the protection order issued by

the Punong Barangay or court:

" VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW ."

SECTION

18.

Mandatory

Period

For

Acting

on

Applications For Protection Orders – Failure to act on an

application

for

a

protection

order

within

the

reglementary period specified in the previous section

without justifiable cause shall render the official or judge

administratively liable.

SECTION 19. Legal Separation Cases . – In cases of legal

separation, where violence as specified in this Act is

alleged, Article 58 of the Family Code shall not apply. The

court shall proceed on the main case and other incidents

of the case as soon as possible. The hearing on any

application for a protection order filed by the petitioner

must

be

conducted

within

the

mandatory

period

specified in this Act.

SECTION 20. Priority of Application for a Protection

Order. – Ex parte and adversarial hearings to determine

the basis of applications for a protection order under this

Act

shall

have

priority

over

all

other

proceedings.

Barangay officials and the courts shall schedule and

conduct hearings on applications for a protection order

under this Act above all other business and, if necessary,

suspend other proceedings in order to hear applications

for a protection order.

SECTION 21. Violation of Protection Orders . – A complaint

for a violation of a BPO issued under this Act must be

filed directly with any municipal trial court, metropolitan

trial

court,

or

municipal

circuit

trial court that has

territorial jurisdiction over the barangay that issued the

BPO.

Violation

of

a

BPO

shall

be

punishable

by

imprisonment of thirty (30) days without prejudice to any

other criminal or civil action that the offended party may

file for any of the acts committed.

A judgement of violation of a BPO ma be appealed

according to the Rules of Court. During trial and upon

judgment, the trial court may motu proprio issue a

protection order as it deems necessary without need of

an application.

Violation of any provision of a TPO or PPO issued under

this Act shall constitute contempt of court punishable

under Rule 71 of the Rules of Court, without prejudice to

any other criminal or civil action that the offended party

may file for any of the acts committed.

SECTION

22.

Applicability

of

Protection

Orders

to

Criminal Cases. – The foregoing provisions on protection

orders shall be applicable in impliedly instituted with the

criminal actions involving violence against women and

their children.

SECTION 23. Bond to Keep the Peace . – The Court may

order any person against whom a protection order is

issued to give a bond to keep the peace, to present two

© Compiled By RGL

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