Bits of Law

Are you thinking of starting a business? There are many important decisions that you must make when conceptualizing your own business. A critical one you’ll have to make is which type of business entity it will be. Would you rather have full authority,  split the responsibilities between yourself and a few business partners, or have a board of directors by your side? If you choose to pursue this goal alone, you must be ready for the workload ahead of you. In this article, we’ll be discussing sole proprietorship. What is a sole proprietorship? A sole proprietorship is a business structure in which you, as the founder, have full control and authority over the business. You also own all of the assets of the business and get to enjoy the profit without having to split it with a partner or co-founder. However, the downside is that you alone will be liable for any debts or losses of the business. Sole proprietorships are great for small-scale businesses since they’re the easiest to manage. For example, a small online bakeshop can be a sole proprietorship.  How do you register a sole proprietorship? Another advantage of starting a sole proprietorship is that it has the easiest and least complicated registration process. Here is a quick overview on how to register a sole proprietorship so you know what to expect.  First, you’ll have to register your business name so that no one else will get to use it. The DTI eBNRS online portal provides you with the option to register your business name online.  When registering at the DTI, it’s critical to ensure that your brand name is unique. You can use DTI’s Business Name Search to double-check if your brand name idea is already taken by an existing business. Once you have a unique business name, fill out the application form and pay the fee. You should receive your Certificate of Registration shortly afterwards. To proceed with your business, you’ll need to register it with the Local Government Units. First, you’ll have to register with the barangay. To do so, you’ll need to prepare two (2) valid IDs, your Proof of Residency, and your DTI Certificate of Registration. Once you’ve paid the fee, you will soon receive your Barangay Certificate of Business Registration. The other Local Government Unit you must register your business in is with the Mayor’s Office. You’ll need two (2) valid IDs, your Proof of Residency, your DTI Certificate of Registration, and your Barangay Certificate of Business Registration.  While you’re here, you can also process other permits that you may need, especially if your business will have a physical store. These include the Fire Permit, Sanitary Permit, Locational Clearance, etc. However, if you’re a freelancer or you’re running an online business, you can skip this step. Finally, it’s time to register your business with the BIR. Firstly, you’ll need to fill out the BIR Form 1901, which is the application to register a business for Sole Proprietors. You’ll also need to fill up and pay for the BIR Form 0605, as this form is how taxpayers pay any taxes and fees that do not require the use of a tax return. The requirements you’ll need to prepare are a valid government ID, your Proof of Residency, and your DTI Certificate of Registration.  While you’re at it, fill out the application for registering your books of accounts and receipts/invoices. You can do so using BIR Form 1905. You’ll be all done with the registration process once you’ve claimed your Certificate of Registration and your book of accounts and invoices.We hope that this article has helped any aspiring entrepreneurs who are aiming to create their own sole proprietorship. This ongoing series will also be discussing the other business entity types, such as partnerships and corporations. Look forward to what else Bits of Law has to offer in the future!

What does it mean to be married? When people think of marriage, they may first think of sharing their lives together with someone they love for the rest of their lives. From that moment on, they work as a team so that they can have a better future. Because they now share a life together, they usually begin sharing material possessions, such as a house and lot, a car, or other valuable items. However, some confusion may arise on whether a particular property is owned by one spouse, the other, or both. To answer these questions and more, we must first learn the basics of conjugal property. What is a conjugal property? Simply put, conjugal property is property that belongs to both spouses. This may include property that is obtained from either or both of the spouse’s profession, or income from the spouse’s exclusive property. How does a property become conjugal? The individual spouses both have a choice on whether their property becomes conjugal property or not, but only before the marriage. Both spouses may want to jointly own some properties while leaving others for themselves. If they would like to specify which property they would like to form part of conjugal property, they will need a prenuptial agreement. But what about any property obtained after the marriage papers have been signed? According to Article 116 of the Family Code of the Philippines, “all property acquired during the marriage, whether the acquisition appears to have been made, contracted or registered in the name of one or both spouses, is presumed to be conjugal unless the contrary is proved.”  Essentially, all property that is obtained by the couple during their marriage will always be owned by both spouses. What is a property regime, and what are the 3 regimes available? A property regime determines how a couple’s property relations are governed during their married life. If they execute a prenuptial agreement, they have the option to choose their property regime. If not, the default property regime will be applied. Here are the three available property regimes: ·      Absolute Community of Property has been the default property regime since August 3, 1988, which is the date of effectivity of the Family Code. This means that all marriages celebrated on or after this date where no prenuptial agreement was executed by the spouses  are governed by this property regime. Absolute Community of Property, under the Family Code, dictates that all property owned by either spouse becomes conjugal property after the marriage–even those owned by them before they got married. ·      Conjugal Partnership of Gains was the default property regime before the effective date of the Family Code. Conjugal Partnership of Gains still governs all marriages that took place before August 3, 1988, provided that the spouses didn’t execute a prenuptial agreement. This property regime equally divides the net gains acquired during the marriage between the two spouses. ·     Complete Separation of Properties is the option for couples who would rather not jointly own any of their properties. There is no conjugal property, and both spouses continue to own whatever property they already originally owned. A couple can choose this property regime with a prenuptial agreement before the marriage is celebrated. What happens to conjugal property if the couple separates? The conjugal partnership is terminated when the marriage of the spouses is nullified, annulled, or if the spouses undergo legal separation. Moreover, the spouses can also file a petition to have the absolute community or the conjugal partnership of gains voluntarily dissolved. Article 135 of the Family Code also enumerates the grounds considered as sufficient causes whereby one of the spouses can institute judicial proceedings for the separation of their property. Finally, conjugal partnership is terminated if one of the spouses dies. This overview of the concept of conjugal property barely scratches the surface of how to handle property as a couple, whether it be before, during or after a marriage. In the next part of this ongoing series about conjugal property, we will be going into more depth about the types of property regimes available. This way, a marrying couple knows the options available to them in regards to their property.

Is it possible to be born and raised in the Philippines, and yet not be a Filipino citizen at all? A child born in the Philippines would always be granted Philippine citizenship as long as one of their parents is a Filipino citizen. However, if both parents are foreigners, the child will not be granted Philippine citizenship. If the said parents choose to stay and raise the child in the Philippines, the latter may apply for Philippine citizenship once he or she reaches the age of eighteen (18). To achieve this, he or she would have to go through administrative naturalization. One of our previous articles discussed everything there is to know about judicial naturalization. To recap, judicial naturalization is the best procedure for foreigners who were not born and raised in the Philippines. In the second part of this series about naturalization, we will be diving into administrative naturalization.  What is Administrative Naturalization? Administrative naturalization is the legal process of granting a foreigner Filipino citizenship by naturalization, provided that such foreigner was born and raised in the Philippines. Usually, this occurs when a child’s parents are both foreigners, yet chose to raise him or her in the Philippines and not in their country of origin.  This process is governed by Republic Act No. 9139, otherwise known as the Administrative Naturalization Law of 2000. This is an act providing for the acquisition of Philippine Citizenship for certain aliens by administrative naturalization and for other purposes. Qualifications to get Naturalized There are many similarities between the qualifications to obtain Philippine citizenship through judicial and administrative naturalization. Any person desiring to avail the benefits of administrative naturalization must: Note that this shall not apply to applicants who are college degree holders but are unable to practice their professional because they are disqualified to do so by reason of their citizenship; Disqualification from Naturalization An applicant can get disqualified from applying for administrative naturalization if they meet any of the following disqualifications. Note that this list is identical to the disqualifications from applying for judicial naturalization. An applicant is disqualified if he or she: Petition Requirements There are many documents an applicant must secure before he/she files a petition. Preparing these in advance can help make the naturalization process smoother and faster. An applicant must ensure to accompany his/her application with the following: Filing of the Petition An applicant can file his or her petition with the secretariat of the Special Committee on Naturalization. He/she will need to create five copies of the petition, all of which must be legibly typed and signed, thumbmarked and verified, and with a passport-sized photograph of the applicant attached to each copy. The petition must then set forth the following information about the applicant: If the petition is complete in substance and in form, the Committee will immediately publish it in a newspaper of general circulation once a week for three consecutive weeks. The applicant will have to coordinate with and pay the newspaper company regarding the publication of his or her petition.  The committee will also forward the petition to the National Bureau of Investigation, the Department of Foreign Affairs, the Bureau of Immigration, and the petitioner’s local Civil Registrar. The petition will be posted in the offices of these government agencies. Should the petition be sufficient, the petitioner will have to go through the final test and interview. Should the petitioner also pass this final stage, a date and venue will be set for the oath-taking. Taking the oath will finally turn the petitioner into a full-fledged Filipino citizen and the Certificate of Naturalization will be forwarded to the Bureau of Immigration and the local Civil Registrar.

Are you preparing to incorporate your business? Turning a business into a corporation can be very beneficial for it in the long run. You can protect yourself from personal liability, enjoy tax benefits, and ensure the longevity of your business. But before you start the process, it’s important to fully understand the roles that make up the corporate officers of a corporation. The Board of Directors in a corporation must elect a team of corporate officers. This is according to Section 24 of the Revised Corporation Code of the Philippines. The roles to be filled up include the president, the treasurer, and the secretary. The Board may also elect other roles as it deems necessary.  These corporate officers are entrusted with the business’s day-to-day operations and execute any plans or decisions created by the corporation’s Board of Directors. If someone wants to be a corporate officer, there are certain qualifications and requirements he or she will need to meet, depending on the position he or she is aiming for. Here’s what you need to know about each role in a team of corporate officers. President The president must be a member of the Board of Directors. He or she must also own at least one share of the corporation, or at least have his or her name on the share as its owner. If it is a non-stock corporation, he or she must be a member thereof. He or she must also be a Filipino citizen. A president of a corporation must not have been convicted by final judgment of a felony punishable by more than six years in prison. He or she must also not have violated the Revised Corporation Code within five years before the election.  Treasurer In contrast to the president, the treasurer does not have to be a member of the Board of Directors. However, he or she must be a resident of the Philippines. The role of president and treasurer cannot be held by the same person, unless otherwise stated in the Revised Corporation Code. Secretary Similarly to the treasurer, the secretary does not have to be a director. He or she must also be a resident of the Philippines. Again, the role of secretary cannot be claimed by the president unless circumstances say otherwise. Compliance Officer Not all corporations are in need of a compliance officer. However, the Board of Directors must nominate a compliance officer if the corporation is vested with the public interest. The compliance officer is in charge of watching over the corporation’s operations and business transactions. This is to ensure that the corporation is following all of the necessary legal and internal rules. Other Corporate Officers While the president, secretary, and treasurer are required roles in a team of corporate officers, the Board of Directors may choose to fill other roles as they deem necessary for the corporation. For example, the Board of Directors may also elect a vice-president, a cashier, an auditor, and/or a general manager. Any two or more of these positions can be held by the same person at the same time. The only exception to this is that no one can hold the roles of President and Treasurer or Secretary concurrently. Qualifications and Rights of Corporate Officers While the base qualities of each corporate officer were listed above, the other qualifications are to be decided by the corporation’s by-laws. By-laws refer to the set of rules created by a company, listing the rights and duties of the officers, the Board, and/or the stakeholders. These by-laws may elaborate on the other requirements a potential officer must meet, as well as how an officer is elected or appointed. 

Can a foreigner legally become a Filipino citizen? There are many reasons why someone might apply to become a naturalized citizen in the Philippines. He or she may be born and raised in the Philippines, but is legally listed as a citizen of his or her foreign parent’s country. He or she could also be a total foreigner with no Filipino ancestry or lineage, but wants to become a Filipino citizen for personal reasons. Regardless, he or she will have to go through naturalization to gain citizenship. Depending on his or her situation, he or she may have to go through administrative, legislative, or judicial naturalization.  This article is the first out of three parts of a series regarding naturalization. Here, we will be focusing on judicial naturalization. These are the things that you need to know. What is Judicial Naturalization? A foreigner who wishes to become a Filipino citizen can consider judicial naturalization if he or she was not born and raised in the country. One common example of such a situation is when a foreigner marries a Filipino, and the couple decides to live together in the Philippines. Another is when a Filipino is born and raised in another country, likely due to immigrant parents, but decides to stay in the Philippines once he or she is of age to do so. This process is governed by Commonwealth Act No. 473. The foreigner applicant can apply for naturalization in the Regional Trial Court where he or she has resided for at least one year before filing the petition. Qualifications to get Naturalized To become a Filipino citizen is to achieve all of the same rights and protection that a natural-born citizen already has. Because of this, the qualifications that one must meet are numerous and rigorous. A successful naturalized citizen: In addition, the ten (10) years of continuous residence required under the second condition can be reduced to five (5) years if the petition has any of the following qualifications: Disqualification from Naturalization On the other hand, an applicant that meets any of the following is automatically disqualified from becoming naturalized Filipino citizens: Declaration of Intention Before an applicant can file a petition for admission to Philippine citizenship, he or she must first file a Notice of Intent, which is a declaration under oath that it is his or her genuine intention to become a citizen of the Philippines. This declaration shall include the applicant’s:  This declaration is not valid until lawful entry for permanent residence has been established and a certificate showing the date, place, and manner of his or her arrival has been issued. The declarant must also state that he or she has enrolled his or her minor children of school age in a recognized school, where Philippines history, government, and civics are a part of the school curriculum. They must be enrolled in this school during the entire period of the residence in the Philippines required of the declarant prior to the hearing of his/her petition for naturalization as Philippine citizen. Finally, the declarant must furnish two photographs of him or herself. As an exception, this Notice of Intent may be dispensed with if the applicant was born in, or studied his primary and secondary education in, or resided in the Philippines continuously for thirty (30) years. The Filing of Petition Once a year has passed after filing the Notice of Intent, the applicant can finally file a Petition for Admission to Philippine Citizenship. He or she must file with the petition in triplicate, along with two photographs or himself or herself. The petition must then contain the following information: The petition must then be signed by the applicant in his or her own handwriting and be supported by the affidavit of at least two (2) credible persons, stating that: Finally, the petition shall also set forth the names and post-office addresses of these witnesses as the petitioner may desire to introduce at the hearing of the case. The certificate of arrival and declaration of intention must be made part of the petition. Process of Achieving Citizenship Once the petition has been filed, it will be published in the Official Gazette once a week for three consecutive weeks. It shall also be published in one of the newspapers of general circulation in the province where the petitioner resides.  If the court believes that the petitioner has all of the qualifications required and none of the disqualifications specified by Commonwealth Act No. 473 and has complied with all requisite herein established, then it shall order the proper naturalization certificate to be issued and the registration of the said naturalization certificate in the proper civil registry. Once the decision has become final, a naturalization certificate shall be issued to the petitioner. This shall state the following: In addition, a photograph of the petitioner with the dry seal affixed thereto of the court which granted the petition must be affixed to the certificate.

What can you do with shares of stock in a corporation? Shares of stock that were not traded in the Philippine Stock Exchange are considered personal property under Philippine law. This grants you plenty of freedom regarding what you can do with your shares; you can sell, gift, transfer, or assign them to someone else as you please. This is affirmed by Section 63 of the Revised Corporation Code. There are many different ways you can relinquish your hold on your shares, whether you wish to sell them or give them away. However, the process of transferring them from one person to another stays relatively the same. Here is what you need to know about transferring shares.  What is a stock certificate?  Since a share of capital stock is an intangible personalty (meaning it does not have a physical form), the parties involved in the transfer might not have a clear idea of what is being transferred. This is in contrast to personalty with a physical form, such as tangible goods. To solve this, you must ensure that the parties are aware of what is being conveyed. This is achievable with a stock certificate.  A stock certificate represents a shareholder’s shares of stock. It dictates the number of shares owned by the shareholder, an identification number, date of purchase, and signatures to verify its legitimacy. Stock certificates can be kept online, but you can also request a physical copy. How do you transfer shares? What taxes should one keep in mind when transferring shares? There are certain taxes that must be paid by either the giver or the receiver when transferring shares of stock, regardless of the method of transfer (through selling, gifting, exchanging, etc.). The transfer of shares of stock in a Philippine corporation is subject to the following: What are the requirements of a valid transfer of shares? A transfer of shares will only be acknowledged if it has fulfilled the following requirements, depending on whether the shares of stocks are represented by a stock certificate or not. If the shares are represented by a stock certificate, you must comply with the following requirements: On the other hand, a transfer of shares can still be acknowledged in situations without a stock certificate, such as when a certificate has not yet been issued or if the certificate is not in the possession of the stockholder. In that case, the shares of stock may still be transferred as follows: 

In one of our previous articles, we covered the entirety of Republic Act No. 9262, also known as the “Anti-Violence Against Women and Their Children Act of 2004”. This act defines which crimes are considered violence against women and their children, or VAWC for short. Filing a VAWC case is the first step a victim can take to escape such an abusive situation. Realizing you may be a victim of VAWC can be traumatizing. However, the sooner you act to seek justice for yourself and/or your children, the sooner you’ll be able to escape such a hostile environment and start anew. Filing a VAWC case may sound intimidating, but you won’t be alone throughout the process. In this article, we answer five frequently asked questions about filing a VAWC case. Does a victim of VAWC need to file a case immediately? It’s a good idea for a victim to file a case as soon as possible, for her own sake and/or her child’s safety and peace of mind. However, there may be situations where the victim won’t be able to do so instantly. In fact, a person might not realize that she or her child is a victim of abuse for a considerable period of time. Thankfully, the woman is given plenty of time to file a complaint for herself or on behalf of her child. Depending on the act of violence done to her or the child, she will be able to file the case within ten to twenty years from the occurrence or commission of the act. The period within which the victim can file the case depends on the act of violence committed. If the abuser did any of the following acts, the victim has twenty (20) years to file a case: On the other hand, if the abuser did any of the following acts, the victim has a shorter time frame of ten (10) years to file a case:  Can someone file a VAWC case on behalf of someone else? Yes. Violence against women and their children is considered a public crime, so anyone who has personal knowledge of the acts committed by the abuser against the victim can file a VAWC case on the victim’s behalf. There are many reasons why someone else might file the case instead of the victim. For example, the victim might be too afraid to fight back against the abuser. The victim might also be a minor child, who is too young to be able to defend him/herself. Can a male partner/husband file a VAWC case against his partner/wife? This depends on the reason why the husband wants to file the case. If he wants to file a complaint about abuse committed by his wife/partner towards him, the case would not fall under VAWC. This is because the Anti-VAWC act, in particular, excludes men as victims. Instead, he will have to file the case under the Revised Penal Code. On the other hand, a husband will be able to file a VAWC case against his partner/wife if he is acting on behalf of their shared child. If the couple’s child is suffering from abuse caused by the wife, the husband will be able to file a case against her, as long as he is acting solely on the child’s behalf and not his own. Do lesbian relationships fall under the Anti-VAWC act? Yes. The Anti-VAWC Act protects all women from abuse, including women in lesbian relationships. A woman can file a VAWC case against someone with whom she has or had a dating or sexual relationship, regardless of gender. Where should a victim file a VAWC case? The Regional Trial Court designated as a Family Court is the go-to court for handling VAWC cases. In the event that there is no such court in the area where the offense was committed, the case shall be filed in the Regional Trial court where the crime or any of its elements was committed at the option of the complainant. Are you or is your loved one a victim of violence against women and their children? It’s best to act immediately so that the victim or her child can start rebuilding her/their lives in a safe environment.

What do you do if a loved one dies without a will? One of our previous articles covered the law of intestate succession. To recap, intestate succession is the distribution of assets of someone who died without a written will. This process could be handled by the law and the state, who will then divide and distribute it to the compulsory heirs. However, the distribution of assets doesn’t always have to involve the court. It could instead undergo a process called an Extrajudicial Settlement of Estate. Here’s what you need to know about this practice. What is an Extrajudicial Settlement of Estate? Extrajudicial Settlement of Estate is a procedure in which all heirs can agree on how the deceased’s assets are distributed. Extrajudicial means ‘out-of-court’; because all heirs are in agreement, there is no need for them to go to court. Once everyone has agreed on how they can divide the assets, they will have to create a Deed of Extrajudicial Settlement of Estate. This is to set the agreements in stone. What are the requirements of an Extrajudicial Settlement of Estate? There are several requirements that must be met first before the deceased person’s assets can undergo an Extrajudicial Settlement of Estate. These include the following: In addition, the Deed of Extrajudicial Settlement of Estate must be notarized and filed with the Register of Deeds. The Deed must also be published in a newspaper of general circulation once a week for three consecutive weeks. Otherwise, the settlement will not be considered valid. What documents are required for the Extrajudicial Settlement Process? It’s important to gather the following documents before you start the Extrajudicial Settlement Process:  What steps are in the Extrajudicial Settlement Process? Miscellaneous Questions What if an heir doesn’t want his or her claim to the estate? If one or more heirs don’t want their claim to the estate, all of the heirs must instead create an Extrajudicial Settlement with Waiver of Rights. Besides the addition of the Waiver of Rights, it’s identical to a regular Deed of Extrajudicial Settlement. The Waiver of Rights allows one or more heirs to relinquish their claim to the estate. What if there is only one surviving heir? If there is only one surviving heir that can claim the estate, he or she can instead execute an Affidavit of Self-Adjudication. This is a statement written under oath by the heir, declaring that he or she is the only heir of the deceased. This allows him or her to adjudicate the entire estate to him/herself. Conclusion Completing the procedure of an Extrajudicial Settlement of Estate can be quite difficult. Heirs might not agree with how the property is divided between them, and additional steps could force the process to prolong itself. But properly handling the deceased’s estate is crucial. One way to make it easier is by gaining the help of a skilled inheritance lawyer. Your lawyer can help you with gathering your requirements, drafting your Deed of Extrajudicial Settlement, and generally help you out throughout the entire process.

What do you do if you have a task concerning legal or financial matters, but it just so happens that you’re currently in another city or country or that you’re ill, so you aren’t in the position to accomplish it? If the task in question is time-sensitive,you might find it hard-pressed to get things done. Thankfully, you would still be able to accomplish your tasks if you authorize someone to do them for you.. All you would need is a Special Power of Attorney. Here’s everything you need to know about this legal document. What is a Special Power of Attorney? A Special Power of Attorney (or SPA for short) is a document that allows one person to act on behalf of another person. These usually include major legal, property, or financial decisions. During the SPA’s effective period, the person authorized to carry out the action is called the agent. Meanwhile, the person granting the agent the authority to act on his or her behalf is called the principal. The document must be notarized to take effect.  Anyone of legal age and who has the capacity to act on the principal’s behalf can be appointed as an agent, as long as they have the principal’s full trust.  You don’t need a SPA for everything you need done for you. Private matters, such as buying furniture on your behalf or taking your child to school, don’t require an SPA. It’s best to get one if you’re dealing with matters regarding real estate, legal matters, transactions with private corporations, or tasks in government offices.  When do you need a Special Power of Attorney? There are many reasons why you might need an SPA to allow someone else to handle your affairs. One common reason is illness. If your medical condition prevents you from performing such actions yourself, you can authorize someone capable and trustworthy to do it for you. You may also need a Special Power of Attorney if you’re currently abroad, which bars you from performing these actions yourself. In that case, you can appoint an agent in the Philippines to accomplish all your tasks. Note that instead of the usual SPA which simply needs notarization by a Notary Public where the said SPA is executed, you would instead need a consularized SPA. The difference between a normal SPA and a consularized SPA is that since you are signing it abroad, the SPA cannot be simply brought to the Philippines for notarization before a Notary Public and it can only have legal effect if it is consularized. You can get the SPA consularized in the Philippine Embassy.   Also, if you’re residing abroad, you might have heard of the term “apostille”. You can also have the SPA apostilled in the relevant government offices in your locality, which produces the same effect as consularization. How do you get a Special Power of Attorney? The process of getting a Special Power of Attorney document is fairly simple. First, you can find several available templates for the document online. Look for one that is both presentable and capable of conveying which powers you want to grant to your agent. Alternatively, you can also write your own SPA instead of looking for a template. Keep in mind the necessary details you need to include when drafting your document: Once your SPA document is complete, print out three copies: one for the principal, one of the agent, and one for the Notary Public. After that, all you need is to go to the Notary Public for notarization. Be prepared for the notarial fees; these could range from P500 to P1,000. A Special Power of Attorney is crucial if you’re unable to accomplish an important task by yourself. Thankfully, the process of getting one is quite simple, easy, and inexpensive. By knowing this information, you’ll be able to get your SPA document without any issues.

Household and relationship abuse are terrifying, yet all too common occurrences all over the country. It’s crucial to ensure that those perpetuating abuse are unable to escape the consequences of their actions. Republic Act No. 9262, or the “Anti-Violence Against Women and Their Children Act of 2004”, seeks to address some of these issues.  In the event that you, your children, or a loved one faces any form of physical or psychological violence, It’s crucial to know your rights. This article aims to break down each part of R.A. 9262 for your ease of understanding. The Basics The Anti-Violence Against Women and Their Children Act of 2004 defines violence against women and their children, lists out protective measures for the victims, and prescribes penalties for the perpetrators. The Regional Trial Court designated as a Family Court shall have original and exclusive jurisdiction over cases of violence against women and their children under this law.  It should be noted that lesbian relationships, whether sexual or dating, are not exempt from the law. This means that women are also liable under RA 9262. Meanwhile, a male spouse or partner suffering the abuse of his wife or partner does not fall under this law. Instead, he would have to file a complaint or case under the Revised Penal Code. Definition of Terms Section 3 of RA 9262 defines all of the terms used in this act so that it’s easier to understand going forward. These terms include the following: Acts of Violence Against Women and Their Children Section 5 of RA 9262 clarifies which acts qualify as a crime of Violence Against Women and their Children. These include the following: Penalties The penalties of committing an act listed in RA 9262 vary and depend on the severity of the act.  Act of Violence Duration of Penalty Attempt to harm the victim 1 month and 1 day – 6 months  Place the victim in fear of imminent physical harm 1 month and 1 day – 6 months Threaten to or does self-harm to control the victim’s actions or decisions 1 month and 1 day – 6 months Restrict the victim from doing something through force or intimidation 6 months and 1 day – 6 years Force the victim into doing something through force or intimidation 6 months and 1 day – 6 years Attempt to or do any form of sexual violence on the victim 6 years and 1 day – 12 years Cause emotional or psychological distress to the victim through behaviors such as stalking, destroying the victims property, etc. 6 years and 1 day – 12 years Cause mental or emotional anguish, public ridicule, or humiliation to the victim 6 years and 1 day – 12 years If the acts are committed while the woman or child is pregnant or committed in the presence of her child, the penalty to be applied shall be the maximum period of penalty prescribed in the section. In addition to imprisonment, the perpetrator shall pay a fine of not less than P100,000.00, but not more than P300,000.00. He or she must also undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court. Protection Orders While a victim can file a case against his or her perpetrator for his or her act of violence, it doesn’t guarantee with certainty that the perpetrator won’t endanger the victim again. To prevent this from happening, the victim can apply for a protection order. A protection order prevents further acts of violence against a woman or her child. It also provides these victims other forms of necessary relief. A protection order aims to safeguard the victim from further harm, minimizes disruption in the victim’s daily life, and facilitates the victim’s opportunity and ability to independently regain control over her life. There are three types of protection orders that may be issued under this Act: the barangay protection order (BPO), temporary protection order (TPO) and permanent protection order (PPO). Types of Protection Orders As aforementioned, there are three types of protection orders: the temporary protection order, permanent protection order, and barangay protection order. Barangay Protection Orders, or BPOs, refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist. A Punong Barangay shall issue the protection order to the applicant on the date of filing. If the Punong Barangay is unavailable to act on the BPO application, the application shall be acted upon by any available Barangay Kagawad. BPOs are effective for fifteen days. Temporary Protection Orders, or TPOs, refer to the protection order issued by the court on the date of filing of the application. They are effective for thirty days. The court shall also schedule a hearing on the issuance of a PPO prior to or on the TPO’s expiration date.  Finally, Permanent Protection Orders, or PPOs, refer to protection orders issued by the court after a notice and hearing. The court shall conduct the hearing on the merits of the issuance of a PPO in one day. If the court is unable to conduct the hearing within one day and the TPO issued before is due to expire, the court shall continuously extend or renew the TPO for a period of thirty days.  These protection orders shall include any, some, or all of the following reliefs: All TPOs and PPOs issued under this act shall be enforceable anywhere in the Philippines. A violation shall be punishable with a fine ranging from P5,000.00 to P50,000.00 and/or imprisonment of six months. Who can file for a Protection Order? While the victim can file a Petition for Protection Order, other parties can also file it for him or her. These include his or her parents; other relatives within the fourth civil degree of consanguinity or affinity; social workers; police officers; Punong Barangay or Barangay Kagawad; the victim’s lawyer, counselor, therapist, or healthcare provider; or at least two concerned citizens of the municipality who have personal knowledge of the offense committed. Where can I