The Supreme Court has laid down new guidelines on its confidentiality rule on names and personal information of victims in sensitive cases.
In an administrative circular, the SC set down procedures for promulgation, publication and posting of decisions, resolutions and orders in cases of rape, child abuse, human trafficking and other sensitive crimes where confidentiality of identities of parties is required by laws.
The circular requires the SC, Court of Appeals, Sandiganbayan and trial courts to prepare two copies of their decisions and orders on cases covered by the confidentiality rule.
The first copy will be the unmodified version of the ruling or order that contained the names and personal circumstances of the victims and will be placed in a sealed blue envelope signed by the clerk of court.
The second copy, on the other hand, will be the modified copy of the ruling where the name of the victim will be changed with fictional initial set by the court and the personal circumstances will be redacted.
“Only the authenticated hard copies of the second (modified copy) of the promulgated decision and amended or new decision, final resolution or order of the handling court shall be released to and served on the parties in accordance with the Rules of Court,” read the guidelines signed by Acting Chief Justice Antonio Carpio.
When the cases reach the SC, the judicial staff head of the justice in charge shall submit copies of the second copy of the ruling “placed in a brown-colored envelope, separately marked, dated and authenticated.”
And after promulgation of the ruling, the SC clerk of court is required to keep the original hard copy of the first copy in a red-colored envelope.
The second or modified copy, on the other hand, shall be placed in a yellow envelope.
The same administrative order promulgated last Sept. 5 also prohibits the release of the first copies of covered cases to the public or the media—expect when allowed by the court and upon waiver by the party involved.
“The unauthorized release to the public or to the media of hard or soft copies of the first copy of the decisions final resolutions or orders of the courts, in covered cases … shall be considered grave offenses and shall be punishable with the penalties provided under the Civil Service Rules on Administrative Cases for grave offenses, without prejudice to the criminal and civil liabilities that the violators may incur under applicable law,” the administrative order stressed.
The new guidelines expanded the implementation of the administrative order issued by the SC in 2015, which required the replacement of names of victims of sensitive crimes like rape, child abuse, violence against women and children, and human trafficking with fictitious initials in decisions released by the courts.
The same rule also required the redaction of personal circumstances, which tend to establish or compromise the identities of the victims.