Dear PAO,
I need your help. I am a landlord. My tenant is a mother with two young children. Her husband constantly yells and throws things around the house. He is jobless and frequently accuses her of infidelity. I heard him again this morning, and our neighbors often complain about his behavior. My parents check on the wife sometimes, but they tell me to wait until the situation gets worse before taking any action. I don’t want to wait until it’s too late. What can we do legally? How can I help the mother and her children? I also want to keep my own family safe.
Mr. Melchor
Dear Mr. Melchor,
Section 9 of Republic Act (RA) 9262, otherwise known as the “Anti-Violence Against Women and Their Children Act of 2004,” authorizes several individuals to apply for a protection order for a woman experiencing domestic abuse, including the local barangay authorities or two concerned citizens: “SEC. 9. Who may file Petition for Protection Orders. — A petition for protection order may be filed by any of the following: xxx f. Punong Barangay or Barangay Kagawad; xxx 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.
Corollary thereto, Section 24 of RA 9262 states that violence against women and their children is a public crime and can be prosecuted by the filing of a complaint of any citizen who has personal knowledge of the abuse. The Supreme Court confirmed this in XXX vs. People (G.R. No. 252739, April 16, 2024, penned by Associate Justice Ramon Paul L. Hernando), where it held: “Additionally, the violation of Section 5 of Republic Act No. 9262 is a public crime. Section 25 of Republic Act No. 9262 states that “[v]iolence against women and their children shall be considered a public offense which may be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the circumstances involving the commission of the crime.” This means that any John or Jane Doe can file a criminal case against an erring husband or partner.” In your case, you and your parents do not have to wait for the wife to ask for help. Under RA 9262, any two concerned citizens—like you and a neighbor—can go to the barangay and ask for a Protection Order. That order can stop the husband from yelling, throwing things, or coming near the family. You can also file a criminal complaint yourself as a citizen, so long as you have personal knowledge of the facts constituting the offense.
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
