Short answer. Yes. If the Punong Barangay — the barangay captain — is unavailable to act on an application for a Barangay Protection Order, any available Barangay Kagawad may issue it instead. The kagawad must attach an attestation that the captain was unavailable at the time, and the order lasts fifteen days.
What the law says
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.
RA 9262, Section 14 — Barangay Protection Orders. Read the full provision →
The captain issues first, the kagawad steps in
A Barangay Protection Order is normally issued by the Punong Barangay, who acts on the application on the date of filing after an ex parte determination. But the law does not let a victim's safety wait for one official. It provides: "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." So the captain is the default, and a kagawad is the built-in backup. The point is speed — the person in danger should be able to get an order the same day, even if the captain happens to be out.
The attestation the kagawad must attach
The substitution is not left to be taken on trust. When a kagawad issues the order, the law requires that it be accompanied by an attestation that the Punong Barangay was unavailable at the time of issuance. That single safeguard keeps the backup power honest: it prevents a kagawad from bypassing the captain for no reason, and it creates a record explaining why the order came from a kagawad rather than the head of the barangay. An order issued by a kagawad without that attestation is missing a step the statute plainly requires.
What a Barangay Protection Order can do
A BPO is a focused, fast remedy. It orders the perpetrator to desist from the acts of violence and threats the Act describes — essentially, to stop harming or threatening the victim. It is issued ex parte, meaning without first hearing the respondent, and it is effective for fifteen days. It is narrower than what a court can give: it does not, for instance, award support or custody. Think of it as an immediate line drawn at the barangay level while a victim decides whether to seek the broader and longer protection a court order can provide.
After the order is issued
Once the BPO is granted, the Punong Barangay or kagawad must personally serve a copy on the respondent, or direct a barangay official to do so, so the abuser is formally put on notice. Throughout the barangay proceeding, the parties may be accompanied by a non-lawyer advocate, which helps a frightened victim who has no counsel. Because a BPO lasts only fifteen days, someone who needs longer or broader protection should use that window to apply to the court for a temporary or permanent protection order. This is general information, not advice on a specific situation.