SC: The power of Punong Barangay under VAWC to issue a BPO is purely executive in nature

SC: The power of Punong Barangay under RA No. 9262 to issue a Barangay Protection Order (BPO)  is purely executive in nature --- there is "no undue delegation of judicial power."

 

Petitioner contends that protection orders involve the exercise of judicial power which, under the Constitution, is placed upon the "Supreme Court and such other lower courts as may be established by law" and, thus, protests the delegation of power to barangay officials to issue protection orders. 

 

As clearly delimited by the aforequoted provision, the BPO issued by the Punong Barangay or, in his unavailability, by any available Barangay Kagawad, merely orders the perpetrator to desist from:

(a) causing physical harm to the woman or her child; and

 (b) threatening to cause the woman or her child physical harm.

 

Such function of the Punong Barangay is, thus, purely executive in nature, in pursuance of his duty under the Local Government Code to "enforce all laws and ordinances," and to "maintain public order in the barangay." 

 

We have held that "(t)he mere fact that an officer is required by law to inquire into the existence of certain facts and to apply the law thereto in order to determine what his official conduct shall be and the fact that these acts may affect private rights do not constitute an exercise of judicial powers." 

 ads.

Simply scroll down to continue reading this article...

Doctrines and Rulings on the Constitution (2021) by RTC Judge Jose Arzadon Quimboy 

SHOP HERE! 

🛒 SHP: https://go.shopple.co/spmomu

🛒LZD: https://s.lazada.com.ph/s.6j3Iq?cc

 

(Audible and ebooks in CD's) The Tools of Argument: How the Best Lawyers Think, Argue, and Win 

SHOP HERE! 

🛒 LZD: https://go.shopple.co/spmo6e

🛒 SHP: https://go.shopple.co/spmo6f

 

Luna (2023) Rem Vol. 1 - Civil Procedure - Disquisition and Jurisprudence on Remedial Law - by Mario 

🛒 Shop HERE:

LZD: https://go.shopple.co/spmn1n

SHP: https://go.shopple.co/spmn1k

 

"The series that made thousands of lawyers." 

🛒 SHOP HERE

 

♚✙☏Miracle Shining Round Black Badge Collar Pin Justice Scale Pattern Men Women Shirt Brooch 

LZD: https://go.shopple.co/spmmu5

SPH: https://go.shopple.co/spmmuu

 

Law Bookmark - 1pc Original The Legal Stuff design magnetic glitter/matte bookmark 

LZD 🛒Shop here: https://go.shopple.co/splg7a 

SHP 🛒 Shop here: https://go.shopple.co/splg7e 

 

Law School Student Graduation Lawyer T-SHIRT [NEW LIMITED!] 

🛒 LZD: https://go.shopple.co/splfr6 

🛒 SHP: https://go.shopple.co/splfr8

 

Parker Vector Ballpoint Pen Gift Set ( Ink Color-Blue)

🛒LZD: Shop here: https://go.shopple.co/spld8t

FOLLOW US FOR MORE!

🛒 https://shopple.co/Lex-curiae

 

Continue reading...

In the same manner as the public prosecutor ascertains through a preliminary inquiry or proceeding "whether there is reasonable ground to believe that an offense has been committed and the accused is probably guilty thereof," the Punong Barangay must determine reasonable ground to believe that an imminent danger of violence against the woman and her children exists or is about to recur that would necessitate the issuance of a BPO.

 

The preliminary investigation conducted by the prosecutor is, concededly, an executive, not a judicial, function. The same holds true with the issuance of a BPO. 

 

G.R. No. 179267   June 25, 2013

JESUS C. GARCIA vs. DRILON et al.

🧑‍⚖️ PERLAS-BERNABE, J.

 

FOLLOW US!

Phil. Juris. Official | Website 

📎 https://bit.ly/m/AttyEblogger

Visit 🔎 "Doctrine" section 

 

🛒 Shopple store:

📎 https://shopple.co/Lex-curiae

Visit 🔎 "Laws and current events"

Enjoyed this article? Stay informed by joining our newsletter!

Comments

You must be logged in to post a comment.

About Author

Veritas vos liberabit.