SEVENTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES )
Second Regular Session )

2 Ofte att

SENATE

S.B.NO._1827 "18 MAY 29 49-43

Introduced by Senator Maria Lourdes Nancy S. Binayi:c:, 9»

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

EXPLANATORY NOTE

Republic Act No. 9262, otherwise known as the “Anti-Violence Against Women
and Their Children Act of 2004”, was enacted into law with the intention of
Protecting women and children from violence and threats to their personal safety
and security. However, violence against women and children continue to increase
in spite of the ongoing campaigns and programs of the government. According
to data from the Philippine National Police (PNP), the number of violence against
women for the years 2004 to 2016 are as follows:

Year Number of Cases
2004 218
2005 924
2006 1,269
2007 2,387
2008 3,599
2009 5,285
2010 9,974
2011 9,021
2012 11,531
2013 16,517
2014 31,937
2015 41,568
2016 18,653

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Women and children who have reported to be victims of violence require
additional protection and deserve the right to live a normal life. The Address
Confidentiality Program (ACP) is a program administered by the State that
provides a substitute address in public records for victims of violence to prevent
any further threat and damages.

This bill seeks to establish the Address Confidentiality Program to provide women
and children who were victims of violence additional protection and assistance in
their time of need.

In view of the foregoing, immediate passage of this bill is earnestly sought.

sacl Le INCY S. BINAY

Senator



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SEVENTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES ) . :
Second Regular Session ) Office uf
SENA’ . os
SB. NO. 1827 18 MAY 29° 1.943
Introduced by Senator Maria Lourdes Nancy S. Binay“:isi'.. f \.
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 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 to defend the rights of children and to
recognize their role in nation-building. Toward 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 society.

Sec. 3. Definition of Terms. — For the purposes of 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;



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(b) “Application assistant” — a regular employee of the Department of

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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
(003);

“Certification” - a notice certifying the eligibility to participate in
the program;

“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 program participants;

“Mailing address” — an address used for delivery by the Philippine
Postal Office or any mailing or courier facility;

“Program participant” — a person certified by the DO) as eligible to
participate in the Program;

“Substitute address” — address assigned to a Program participant
provided by the Department of Justice (DOJ); and

“Violence against women and their children” - act or acts as
defined in Section 3 of Republic Act No. 9262, otherwise known as
“An Act Defining Violence Against Women and their Children,
Providing for Protective Measure for Victims, Prescribing Penalties
Therefor, and for Other Purposes.”



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Sec. 4. Address Confidentiality Program. - The Department of Justice shall
establish and administer for Address Confidentiality Program, hereinafter referred
to as the “Program”, for victims of violence against women and their children
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 intend
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 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 forms with the DOJ in
the manner and on the prescribd form 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’s safety;

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

Cc) 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.

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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 program 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 shall thereafter be notified by the
DO) 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;

(c) 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

(e) mail forwarded to the program participant is returned and/or
unclaimed for at least three (3) 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.



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Sec. 10. Designation of the Department of Social Welfare and
Development (DSWD) or Non-Government Organization (NGO). - The DO) shall
designate the 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 its supporting materials are
not public records and shall be kept confidential by the DOJ. Any employee who
willfully 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 Thousand Pesos (P500,000.00); Provided,
however, That if the violator of the program is the 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's
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.



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Sec. 14. Implementing Rules. - The DO3, 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 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 effect.

Sec. 16. Repealing Clause. — Any law, presidential decree, executive order,
or issuances, rules and regulations inconsistent with this Act is hereby repealed
or modified accordingly.

Sec. 17. Fffectivity Clause. - This Act shall take effect after fifteen (15)
days following its complete publication in the Official Gazette or in two (2)
newspapers of general circulation.

Approved,