AN ORDINANCE PENALIZING DOMESTIC VIOLENCE IN THE MUNICIPALITY OF MARIBOJOC, BOHOL
Authored by: Kag. Romulo A. Manuta
Kag. Alberto E. Arangoso
Sponsored by: MASS MOTION
WHEREAS, domestic violence is a problem experienced by some families thus it destroys the lives of the family members;
WHEREAS, the problem on domestic violence if not properly addressed by corrective measures would threaten the very foundation of society which is the family;
WHEREAS, the LGU-Maribojoc in order to preserve the very foundation of the society which is the family is of the opinion that there is a need to make measures on domestic violence;
WHEREFORE, be it ordained by the Sangguniang Bayan of Maribojoc, Bohol in the regular session assembled that:
SECTION 1: Title.- This ordinance shall be known as the “Anti-domestic Violence Ordinance”;
SECTION 2: Definition of Terms.- For purposes of this ordinance the following shall mean:
A. Domestic Violence – shall refer any act, which results in or likely to result in physical violence, psychological harm or suffering, economic or financial forms of suffering:
A.1) Physical violence consists of any or combination, of the
a.1) Slapping, pulling of hair, boxing, kicking, shoving,
throwing, banging of the head on floor, wall or any
hard object or surface.
a.2) Hitting with an object or the use of deadly or weapons.
a.3) Fording the use or intake of alcohol, drugs or
A. 2) The emotional / psychological forms of abuses which include:
a.2.1) Threats, intimidation and coercion including but not
limited to stalking.
a.2.2) Verbal abuse such as shouting invective, insulting
and harsh words to the victim.
a.2.3) Name-calling and derogatory remarks.
B. The economic or Financial Forms of Abuse include:
B.1) Withholding or personal property or money due to the victim.
B.2) Not contributing to the family budget.
B.3) Selling common or conjugal property without the consent of
the other party.
B.4) Willful neglect or denial to provide support comprising
everything indispensable for substance, dwelling, clothing, medical attendance, education and transportation in keeping with the financial capacity of the family.
B.5) Unreasonably preventing the victim from engaging in any profession, occupation, business or activity or solely controlling the conjugal money or properties or controlling the victims own or money or property.
C. Family members include:
C.1) Persons intimately related to each other such as spouses, live-in partners, adopted parents, adopted child and other similar relations, whether living together or not between persons with a common child.
C.2) Relative by consanguinity or affinity up to the fourth degree, including parent-in-law, children-in-law, stepparent and step children:
SECTION 3: Who may be liable.- Any person who shall commit any act of domestic violence as defined in Section 2 of this ordinance is liable for the same.
SECTION 4: Who may file.- Any person with personal knowledge of any act comprising of domestic violence may file a complaint of domestic violence with or without the consent of the victim.
SECTION 5: Where to file.- Domestic violence cases shall be filed in the courts of appropriate jurisdiction.
SECTION 6: How to file.- The domestic violence complaint shall be filled in accordance with the rules and procedures as provided in the Rules of Court. It shall state the application for the issuance of a protection order and claim for damages, unless separate application for protection order and claim for damages is file.
The filing of a complaint for domestic violence under this ordinance shall be without prejudice to the filing of other criminal or civil actions wherever applicable.
SECTION 7: Interventions Upon Commission of Domestic Violence.- In every case of domestic violence as herein defined, any person who, in good faith, intervenes without using violence in order to ensure the safety of the victim shall not be liable for any criminal or civil liability resulting therefrom.
SECTION 8: Mandatory Act.- Any person who commits any act of domestic violence shall be arrested immediately pursuant to the provision of arrest in the Rules of Court. However, if the arrest is made by a person who is not a peace officer, the offender shall be turned over immediately to the authorities for investigation and detention. When the police detention center is not easily accessible, the offender may be temporarily taken in custody by the barangay officials.
If the offender is granted bail, the prohibition to contact the victim shall remain in force until the victim expressly waives the protection before the person who has custody of the offender.
SECTION 9: Protection Orders.- A protection order shall include any order issued for the purpose of prevenying acts of abuse as defined in Section 1 of this ordinance. The protection order that may be issued under this ordinance are the barangay protection order (BPO), the temporary protection order (TPO) and the permanent protection Order (PPO). This protection orders shall include / some or in any of the relief’s.
a. Prohibit the respondent, personally or through another, from committing any act of domestic violence as defined herein.
b. Whenever applicable, order the respondent to immediately leave the domicile/residence of the petitioner.
c. Prohibit the respondent from directly or indirectly communicating or contacting with the petitioner.
d. Wherever applicable, grant custody of the minor children to the petitioner’s parents or such person or government agency to the best interest of such minors.
e. Grant other relief’s as deemed necessary by the court for the petitioner’s protection and for such other persons who may be in need of such protection.
SECTION 10: The following may file the petition fort the protective orders.-
a. The Offended Party
b. Any member of the family or household of the offended party as defined in this ordinance.
c. Social Worker.
d. A law enforcement officer who has personal knowledge of theabuse.
e. Department of Social Welfare and Development (DSWD) and accredited non-government organizations (NGO’s).
SECTION 11: Where to apply for Protection Order.- Application for Barangay Protection Orders (BPO’s) shall follow the Rules on Venue under Section 409 of the Local Government Code of 1991 and its implementing rules and regulations. Application for a TPO and PPO must be made with the court of appropriate jurisdiction.
SECTION 12: Application for Protection Order.- The application for protection order shall be in writing, stating therein the circumstances of the case. The application shall be signed by the applicant and under oath.
SECTION 13: The Barangay Protection Order.-
The PPO may be issued by the Barangay Captain to the applicant. A Barangay Captain who receives applications for BPO shall issue the protection order to the applicant on the date of filing after ex parte detemination of the basis of the application.
The BPO shall cover only the relief mentioned in Section 9 (a), (b) and (c) and shall be effective for fifteen (15) days.
Immediately after the issuance of an ex parte BPO, the Barangay Captain or his representative shall personally serve a copy of the same on the respondent.
SECTION 14: Penalty.- Any person who shall commit any act of domestic violence per provisions of this ordinance and upon conviction shall be fined of an amount not exceeding Two Thousand Five Hundred Pesos (P2,500.00) or an imprisonment of not exceeding six (6) months or both at the discretion of the court.
SECTION 15: Prescription.- The provision of the Revised Penal Code on prescription of offenses shall apply to the acts defined in Section of this ordinance.
SECTION 16: Separability Clause.- The provisions of this ordinance are hereby declared to be separable and in the event one or more such provisions are held unconstitutional, the validity of other provisions shall not be affected thereby.
SECTION 17: Effectivity.- This ordinance shall take effect upon approval.
Approved: July 18 2005
I HEREBY CERTIFY TO THE CORRECTNESS
OF THE ABOVE QUOTED ORDINANCE:
PHILIP R. MEDEQUISO
Municipal Vice Mayor
ERLINDA V. CASTILLON
Acting Secretary to the Sanggunian
ENGR. GABINO C. REDULLA
Date signed: July 29, 2005