SC sets guidelines on confidentiality in sensitive cases

MANILA, Philippines — The Supreme Court (SC) has set new guidelines on the confidentiality rule on names and personal information of victims in sensitive cases.

In an administrative circular published in The STAR yesterday, the high court laid down procedures for promulgation, publication and posting of decisions, resolutions and orders in cases of rape, child abuse, human trafficking as well as other sensitive crimes where confidentiality of identities of parties is required by laws.

The administrative order issued on Sept. 5 required 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 that contains 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 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 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 will 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 high court, the judicial staff head of the justice in charge will submit copies of the second copy of the ruling “placed in a brown-colored envelope, separately marked, dated and authenticated.”

After promulgation of the ruling, the SC clerk of court is required to keep the original hard copy in a red-colored envelope.

The second or modified copy will be placed in a yellow envelope.

The administrative order also prohibits release of the first copies of covered cases to the public or media – except when allowed by the court and upon waiver by the party involved.

“The unauthorized release to the public or to media of hard or soft copies of the first copy of the final resolutions or orders of the courts, in covered cases will be considered grave offenses and 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 SC said.

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 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.