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

~ Hasse

FEWER GA

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1412

Introduced by Representative Harlin Cast. Abayon

EXPLANATORY NOTE

‘To ensure peace of mind to vietims of violence while starting a new life in a peaceful and
secure environment and helping them get back into the mainstream of society, the proposed
Address Confidentiality Program which shall be administered by the Department of Justice
(DOJ), should therefore be enacted. This measure was previously filed by Senator Manny Villar
in the 15" Congress. Passage of this Bill is earnestly sought now in the 16" Congress.

HARLIN CAST. ABAYON
Representative
First District of Northern Samar


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

SIXTEENTH CONGRESS
First Regular Session

nouse BrLLNo._ 1412

Introduced by Representative Harlin Cast. Abayon

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

Be it enacted by the Senate and the House-of Representatives 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-bullding. Towards this end, the State shall ensure the protection of their
fundamental rights by establishing the Address Confidentiality Program that will provide
them confidential substitute mailing address, thus, help them get back into the
mainstream of society.

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

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

b) Application Assistant - a regular employee of the Department of Social Welfare
and Development (DSWD) or a duly designated Non-Government Organizations
(NGOs) personnel who shall counsel, 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 (DOJ);

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

4) Department of Justice - refers'to DOJ;

e) Department of Social Welfare and Development - refers to DSWD;

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

g) Mailing 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) Substitute Address - address assigned to a Program participant provided by the
Department of Justice (DOJ); and ;

i) Violence Against Women and their Children’-act or acts as defined in Section 3
of RA 9262,

SEC. 4. Address Confidentiality Program. - The Department of Justice shall
establish and administer the Address Confidentiality Program, hereinafter referred to as


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 third 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 Eligil
the Program:
a) A victim attempting to escape from actual or threatened violence;
b) Fears for her and orfher child /children’s safety; and
©) Recently established a new fesidence address unknown to the abuser or is
planning to move in the near future.

ity to the Program. The following shall be eligible to

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 form containing the following:

a) A swom 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;

) 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

d) duly accomplished address confidentiality 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 DO4, 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
participant shalll 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
issuance.

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;

b) knowingly providing false or incorrect information when applying for certification;

©) changing one’s name without informing the DOJ;

d) changing the residential address from the one listed on the application without
informing the DOJ; and

@) 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 participant 's files available for inspection or copying unless directed by a court
‘order to the 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. p

SEC. 10, Designation of Department of Social Welfare and Development
(DSWD) or Non-Government Organization (NGO). ~ The DOJ shall designate the

2


DSWD or NGO that provides counseling and shelter services to 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 assistant 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 of supporting materials are not a
public record and shall be kept confidential by the DOJ. Any employee who wilfully
breaches the confidentiality of these records or willfully discloses 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
(P500,000.00) 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 charged against the current year appropriation of the
DOJ. Thereafter, such sums as may be necessary for its operation and maintenance
‘shall be included in the annual General Appropriations 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
provisions of this Act.

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

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

SEC. 17. Effectivity Clause-- This Act shall take effect after fifteen (15) days
following its complete publication in the Official Gazette or in two newspapers of general
circulation.

Approved,