HOUSE OF REPRESENTATIVES
RECEIVED

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

SEVENTEENTH CONGRESS
First Regular Session

BILLS AND INDEX SERVICE

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Introduced by Representative Harlin Neil J. Abayon III

EXPLANATORY NOTE

To ensure peace of mind to victims of violence while starting a new life in a peacefial and
secure environment and helping them get back into the mainstream of society, the proposed
Address Confidentiality Program shall be administered by the Department of-Justice (DOJ),
should therefore be enacted. This measure was previously filed by Senator Manny Villar isthe
15 Congress, Passage of this Bill is earnestly sought now in the 17" Congress.

Be
HARLIN NEIL J. ABAYON III

Representative
Party-List AANGAT TAYO



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

SEVENTEENTH CONGRESS
First Regular Session

1471

HOUSE BILL NO’

Introduced by Representative Harlin Neil J. Abayon III

AN ACT TO ESTABLISH THE ADDRESS CONFIDENTIALITY PROGRAM FOR
VICTIMS OF VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING
PENALTIES FOR VIOLATION THEREOF, APPROPRIATING FUDS THEREFORE,
AND FOR OTHER PURPOSES

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 “Address Confidentiality
Program Act” .

SEC. 2. Declaration of Policy, It is hereby declared the policy of the state to value the
dignity of women and defend the rights of children and to recognize their role in nation-
building . Towards this end, the state shall ensure the protection of their fundamental
rights by establishing the Address Confidentiality Program t substitute mailing address,
thus, help them get back into the mainstream of society

SEC. 3 Defiition of Terms.- — As used in this Act the following terms shall be defined as
follows:

a) Address - a residential address, scholl address, or work address of an
individual, as specified on the individual's application to be a program
participant under this Act;

b,

Application Assisstanct- a regular employee of the Department of Social
Welfare and Development (DSWD) or a duly designated Non-Government
Organizations (NGOs) personnel who shall conusel, assess and assist the
victims of violence against women and children in the completion of program
applications, who has been trained, certified and registered by the Department
of Justice (DO);

©) Certification- a notice certifying the eligibility to participate in the program;


d) Department of Justice- refer’s to DOJ;
e) Department of Social Welfare and Development- refers to DSWD;

1) Designated agencies- agovernment agency or a non-profit organization that
provides counseling, shelter or other services to victims of violence against
women and children that has been designated by the DOJ as place where
eligible person may apply to be a program participants;

g) Maili

Address- an address used for delivery by the Philippine Postal Office;

h) Program Participant a person certified by the DOJ as eligible to participate in
the program;

i) Sustitute Address- address assigned to a Program participant provided by the
department of Justice (DOJ); and

i) Violence Against Women and Children- acts as defined in section 3 of RA
9262.

SEC. 4, Address Confidentiality Program The Department of Justice shall
established and administer the Address Confidentiality Program hereinafter reffered to as the the
“Program”, for victims of violence against women and their children that shall ensure their
Protection and safety by providing them with substitute address to be used when interacting with
government agencies and a new mailing address which keeps their actual address confidential
and free from the risk of discovery by their parties. The Program shall cater to victims who
intends to establish a new residence and for those who have already relocated to another place
unknown to their assailants or abusers who may use public records to find them

SEC 5. Criteria for Eligibility to the Program. The following shall be eligible to the
program

a) A victim attempting to escape from actual or threatened violence:

b) Fears for her and or/her child/children’s safety and

©) Recently established a new residence address unknown to the abuser or is
planning to move in the near future

SEC. 6. Filing and Submission of Application — Any person eligible to the Program
shall submit the duly accomplished application farms with the DOJ in the manner and on the
prescribed from containing the following

a) A sworn statement by the applicant that she is a victim of violence against
women and their children and that she fears for her and/or her children’
safety, ~

b) The mailing address and phone number where the applicant can be
contacted by the DOJ;

©) The latest address that the applicant request not to be disclosed; and

4) Duly accomplished address confidentially program application form
signed by the applicant and attested by the application assistant.


SEC. 7. Program certification. Upon receipt of the duly accomplished application form
by the DOJ, the applicant is certified as a program participant and shall be issued an
authorization card, Such authorization card shall include the programs participant’s name, date of
birth, place of birth, new identification number, substitute mailing address, expiry date of said
certification and signature of the participant. The particiapant shall thereafter be notified by the
DOJ of the approval of her application. Said program participant certification is renewable after
every four years from its initial is

ance.

SEC. 8. Cancellation of Certification.- Certification to the program by the participant
may be cancelled for any of the following reasons

a) The certification term has expired and an application for renewal has not
been filed;

») Knowingly providing false or incorrect information when applying for
certification;

©) Changing one’s name without informing the DOJ,

d) Changing the residence address from the one listed on the application
without informing the DOJ, and

e) Mail forwarded to the program participant is returned unclaimed for at least
three times.

SEC. 9. Disclosure of Records. ~ The DOJ shall not make any records in a program
participants file available for inspection or copying unless directed by a court order to the
person identified in the order to person identified in the order. The information disclosed shall be
maintained in strict confidentiality by the party receiving the information.

It shall likewise make available for inspection or copying the program
participant’s residential or mailing address if the participant’s certification has already been
cancelled.

SEC, 10. Designation of Department of Social Welfare and Development (DSWD) or
Non-Government Organization (NGO).- The DOJ shall designate the DSWD or NGO that
provides counseling and shelter service to the victims of violence against women and their
children to assist persons applying to be program participants

SEC. 11. Training Seminar for application Assistant. The DOJ shall undertake
trainings/seminars for designated application assistance to train them on the proper procedure to
follow in counseling the would-be program applicants.

SEC, 12. Penalty for Violation of Confidentiality of Program Participant's Records
— A program participant's application and or supporting materials are not a public records and
shall be kept confidential by the DOJ . Any employee who willfully breaches the confidentiality
of these records or willfully disclose the name, residential or mailing address of a program
participant in violation of the provisions of this Act shall suffer the penalty of one (1) year
imprisonment and a fine of not more than five hundred (500,000.00) thousand pesos, Provided,
However, That if the violator is the program participant himself who falsely claims that
disclosure of her residential or mailing address threatens her or her child’s safety shall likewise
suffer the same penalty mentioned above

SEC. 13. Appropriation of Funds, - The amount necessary for the implementation of
this Act shall be changed against the current year appropriation of the DOJ. Thereafter, such
sums as may be necessary for the operation and maintenance shall be included in the annual
General Appropriation Act

SEC.14, Implementing Rules.- The Department of Justice in coordination with the
DSWD, shall issue the necessary rules and regulations to effectively implement the provision of
this Act.


SEC. 15, Separability Clause.- If for any reason, any provision of this Act is declared
invalid or unconstitutional, the remaining provisions not affected thereby shall continue to be in
full force and affect

SEC. 16. Repealing Clause. Any law, presidential decree, executive order, or issuance
rules, and regulations inconsistent with this Act is hereby repeated or modified accordingly

SE
its complete publication in the off

“17. Effeetivity Clause. ~ This Act shall take effect after fifteen (15) days following
al Gazette or in two newspape

Approved