Text of the provision

Sec. 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.

Anti-Violence Against Women and Their Children Act of 2004, Republic Act No. 9262 (2004). Reproduced in full from the official enactment and verified word-for-word against the LawPhil and ChanRobles renderings.

What this section means

A PPO is issued after notice and hearing. The respondent’s non-appearance, or lack or unavailability of his lawyer, is not a ground to postpone; the court appoints counsel if he appears without one, or allows ex parte evidence if he does not appear. The hearing is to be finished in one (1) day where possible, and if not, the TPO is continuously extended or renewed for thirty (30) days at a time until judgment. A PPO stays effective until revoked by a court on the application of the person it protects, and lapse of time between the violence and the filing is not a reason to deny an order.

Related provisions

Cases citing this section

Note. The text above is reproduced in full from Republic Act No. 9262, verified against the LawPhil and ChanRobles renderings. The annotation around it is the work of Vivas & Nobles Law Office and is general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.