Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

NINETEENTH CONGRESS
Third Regular Session

House BILL No. 11556

Introduced by
GABRIELA Women’s Party Representative ARLENE D. BROSAS,

ACT TEACHERS Party-list Representative FRANCE L. CASTRO, and
KABATAAN Party-list Representative RAOUL DANNIEL A. MANUEL

AN ACT PROVIDING MANDATORY SEXUAL ASSAULT FORENSIC
EXAMINATION (S.A.F.E.) KITS AND PROVIDING PSYCHOSOCIAL
SERVICES TO VICTIMS OF SEXUAL VIOLENCE

EXPLANATORY NOTE

The Constitution of the Republic of the Philippines guarantees the protection of
the rights and welfare of every individual, including victims of sexual violence. It
recognizes the State's duty to promote gender equality and to ensure full respect
for human rights.

However, sexual violence, particularly rape, is still prevalent in our country. In
2022, the number of reported victims of rape in the Philippines reached 8,360.
While the official figures offer a glimpse into the scale of the problem, they fail to
capture the true extent of the crisis. According to the Department of Locat and
Interior Goverment (DILG), rape is the number one crime in some parts of the
Philippines.’ Many victims suffer in silence, their voices silenced by shame, fear
of reprisal, or a lack of faith in the justice system.

Sexual violence is a grave violation of human rights and a pervasive issue in our
society. Victims of sexual violence often face physical, emotional, and
psychological trauma, which can have long-lasting effects on their well-being and
overall quality of life. The goverment must take proactive measures to address
the needs of these victims and provide them with the necessary support.

This proposed bill aims to require Sexual Assault and Forensic Examination
(S.AFE.) Kit testing and to provide psychosocial services to victims of sexual

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violence. It is a crucial step in the investigation and prosecution of sexual
offenses, which involves the collection of physical evidence from the victim's
body, which can then be used to identify perpetrators and strengthen legal cases.

This proposed legislation also targets to ensure that victims who have availed of
legal remedies against their perpetrators have access to evidence that can
strengthen their cases. The availability, even at a later date, of forensic evidence
can also help and encourage future prosecution of sexual violence cases by the
vietim.

The provision of psychosocial services is equally important in addressing the
holistic needs of sexual violence victims. These services encompass
psychological counseling, emotional support, and other necessary interventions
to help victims cope with the trauma they have experienced. By ensuring access
to these services, government agencies can assist victims in their recovery and
empower them to rebuild their lives.

This bill recognizes the importance of a comprehensive and victim-centered
approach to addressing sexual violence. It seeks to institutionalize the rights of
victims to undergo a forensic and physical test through the use of the SAFE.
Kit, regardless of their economic status, and to receive psychosocial services that
are culturally sensitive and gender-responsive. It also calls for establishing
specialized centers or units that will provide these services, ensuring that victims
have a safe and supportive environment to seek help.

In view of the foregoing, the passage of this bill is earnestly sought. By enacting
this legislation, we can take a significant step towards protecting the rights and
well-being of victims of sexual violence and promoting a society free from
gender-based violence.

Approved,
~
RI LEME D. BROSAS
Gabriela Women’s Party
REP. Fl CASTRO An DANNIEL A. MANUEL
AC Party-list Kabataan Party-list


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

NINETEENTH CONGRESS
Third Regular Session

HOUSE BILL nol 1556

Introduced by
GABRIELA Women’s Party Representative ARLENE D. BROSAS,

ACT TEACHERS Party-list Representative FRANCE L. CASTRO, and
KABATAAN Party-list Representative RAOUL DANNIEL A. MANUEL

AN ACT PROVIDING SEXUAL ASSAULT FORENSIC EXAMINATION
(S.A.F.E.) KITS AND FREE PSYCHOSOCIAL SERVICES TO VICTIMS OF
‘SEXUAL VIOLENCE

Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:

Section 1. Short title. — This Act shall be known as the “S.A.F.E. Kit and Free
Psychosocial Services Act.”

SECTION 2. Declaration of policy. — It is the policy of the State to protect the
rights and welfare of victims of sexual violence and to ensure that they have
access to appropriate medical and psychosocial services. The State recognizes
that rape is a heinous crime that causes physical, emotional, and psychological
trauma to the victim and that providing comprehensive services to the victim is
essential to their recovery and rehabilitation.

SECTION 3. Definition of terms. —

(a) “Public hospitals, health care clinics and facilities” are all government owned
‘or managed hospitals, clinics and facilities in the local or national level, including
Department of Health (DOH)-controlied hospitals and provincial hospitals.

(b) "Medical examination” means a physical examination conducted by a trained
medical professional to document any injuries or physical evidence of sexual
assault for future legal prosecution. It also includes quick response examination
of the victim to address any injuries sustained by, or other medical needs of, the
victim.

(c) “Psychosocial services” means a range of services, including counseling,
therapy, and support groups, provided to victims of sexual violence to address
their emotional and psychological needs.


(d) "Sexual Assault Forensic Examination (S.A.FE.) Kit" is a set of materials, as
determined under Section 5 of this Act, to be used in the S.A.F-E. Kit Testing of a
sexual assault patient to ensure that all forensic and physical evidence are fully
obtained from the victim and are properly preserved for possible future
prosecution.

(e) “S.AFE. Kit Testing” includes a comprehensive examination provided to a
sexual assault patient by a health care provider who has specialized education
and clinical experience in the collection of forensic evidence and treatment of
these patients.

(f) "Sexual violence" means any sexual activity or behavior that is
non-consensual or occurs without the explicit consent of the victim, including
rape as defined under applicable laws.

(g) “Trained Medical professional” means a medical professional who has
undergone additional formal training or education in forensic examination of
sexual violence victims.

SECTION 4. Mandatory Provision of S.A.F.E. Kit Testing. — All public
hospitals, health care clinics and facilities shall be required to administer free
S.A.FE. Kit to any victim of sexual violence who seeks medical attention and
who requests such an examination. The examination shall be conducted by a
trained medical professional and shall include the use of a S.A.F.E. kit, the
collection and analysis of forensic and physical evidence gathered from the
victim.

SECTION 5. Contents of S.A.FE. Kit Testing. - The S.AFE. Kit shall include,
among other items, the following:

Bags and paper sheets for evidence collection;

Comb;

Disposable gloves;

Documentation forms;

Materials for blood samples
i. Test tube
ii, Cotton

iii, Syringes and needles
iv. Cotton; and

h. Swabs.

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The Department of Health (DOH) shall include additional items as they may
deem necessary and effective in ensuring that the victim is fully tested.

SECTION 6. S.A.FE. Kit Testing Process. - The trained medical professional
who shall conduct S.A.F.E. Kit Testing shall:

(1) gather information from the patient for the medical forensic history;

(2) make a medical examination of the patient;


(3) coordinate treatment of injuries, documentation of biological and
physical findings, and collection and preservation of evidence from the patient;

(4) document findings;

(5) provide information, treatment, and referrals for sexually transmitted
infections, pregnancy, suicidal ideation, alcohol and substance abuse, and other
non-acute medical concems; and

(6) provide follow-up/s as needed to provide additional healing, treatment,
or collection of evidence.

SECTION 7. Analysis of the S.A.FE. Kit Testing. - Immediately after
administering the S.A.FE. Kit test and so as not to contaminate the specimens,
the hospital or health care clinic/facility shall analyze the specimens gathered
from the victim.

SECTION 8. Preservation of S.A.RE. Kit Specimens and Results. - The DOH,
in coordination with the Local Government Unit (LGU), shall ensure that all
S.AFE. Kit specimens and findings are preserved and stored in a proper manner
conducive to their safekeeping.

The DOH shall ensure that all major public hospitals in every city and
municipality shall have proper storage facilities to house the SAFE. Kit
specimens. In case the examination was taken in a private hospital or health care
facility/clinic, the private hospital or health care facility/clinic shall coordinate with
the nearest public hospital for the immediate transfer of the specimens and
results.

The transferring facility shall ensure that all S.AF.E. Kit specimens and results
transported to the storage facility maintain their integrity and are tamper-proof.
The DOH, in consultation with the Department of Justice, shall determine the
proper procedure to ensure the proper transfer and preservation of the
specimens and results, in accordance with existing laws, Supreme Court
issuances, and the Rules on Evidence.

SECTION 9. Access to Psychosocial Services. — All victims of sexual violence
shall have access to psychosocial services, including counselling, therapy, and
‘support groups, to address their emotional and psychological needs. These
services shall be provided free of charge by the government through the
Department of Social Welfare and Development (DSWD), local government units
(LGUs), and other concerned agencies. Rape crisis centers, as defined under
Republic Act No. 8505, shall also be required to provide the psychosocial
services in this section, when such services are availed of by the victim.

SECTION 10. Training for Medical Professionals. — All medical professionals
per hospital shall be required to attend a comprehensive capacity-building
program aimed at enhancing their skills and knowledge in conducting medical
forensic examinations and gender-sensitivity training in handling sexual violence
victims. The program shall be conducted by the DOH.


SECTION 11. Confidentiality and Privacy. — All persons involved in the
administration of the S.A.F.E kit examination and the psychosocial services shall
ensure the confidentiality and privacy of the victim. The victim's identity shall be
protected, and any information gathered during the examination or the provision
of services shall be kept confidential, except as required by law, subject to the
RA. No. 10173.

SECTION 12. Access to Information. - Information gathered during the
‘examination, including the specimens and results of the S.A.FE. kit testing, can
only be accessed by the victim, or by any of his/her authorized representative/s
through written consent, or by court order in a pending case involving the victim.

SECTION 13. Appropriations. ~ the amount necessary for the implementation
of this Act shall be charged to the current appropriations for the DOH, DSWD,
DILG, and the DOJ. Therefore, such sum as may be necessary for the continued
implementation of this act, shall be included in the annual General Appropriations
Act.

SECTION 14. Implementing Rules and Regulations. — The DOH, in
consultation with the DOJ, the DSWD, the DILG, the Philippine Commission on
Women (PCW), and non-government organizations and civil society groups, shall
promulgate not later than thirty (30) days upon the effectivity of this Act, the
necessary Implementing Rules and Regulations.

SECTION 15. Separability Clause. - Any provision or portion of this Act that
may be declared unconstitutional shall not have the effect of nullifying other parts
thereof.

SECTION 16. Repealing Clause. - All laws, acts, decrees, executive orders,
issuances, and rules and regulations or parts thereof which are contrary to, and
inconsistent with any provisions of this Act are hereby repealed, amended or
modified accordingly.

SECTION 17. Effectivity Clause. — This Act shall take effect fifteen (15) days
after its complete publication in the Official Gazette or in a newspaper of general
circulation.

Approved,