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ADMINISTRATIVE CIRCULAR NO.
TO:

83-2015

ALL JUSTICES AND CLERKS OF COURT OF THE

SUPREME COURT
ALL JUSTICES AND CLERKS OF COURT OF THE
COURT OF APPEALS AND THE SANDIGANBA YAN
ALL JUDGES AND CLERKS OF COURT OF THE
REGIONAL TRIAL COURTS, METROPOLITAN
TRIAL COURTS, MUNICIPAL TRIAL COURTS IN
CITIES, AND MUNICIPAL TRIAL COURTS

CC:

OFFICE OF THE COURT ADMINISTRATOR

OFFICE OF THE COURT REPORTER
PUBLIC INFORMATION OFFICE
SUPREME COURT LIBRARY
OTHER COURT LIBRARIES

SUBJECT:

PROTOCOLS
AND
PROCEDURES
IN
THE
PROMVLGATION, PUBLICATION, AND POSTING
ON THE WEBSITES OF DECISIONS, FINAL
RESOLUTIONS, AND FINAL ORDERS USING
FICTITIOUS NAMES

In Administrative Matter No. 12-7-15-SC (Re: Recommendation of

Atty. Maria Victoria Gleoresty Sp. Guerra, Director IV and Acting Chief,
Public Information Office, to Remove or Modify the Decisions Posted on
the SC Website involving Cases of Violence against Women and their
Children), the Court issued Guidelines for the purpose of protecting the
privacy and dignity of victims, including their relatives, in cases where the
confidentiality of court proceedings and the identities of parties is mandated
by law.
For the guidance of all courts, their respective clerks of court, and
other court personnel, we issue the present Administrative Circular
reiterating and supplementing our Guidelines in A.M. No. 12-7-15-SC by
further detailing the procedures in the promulgation, publication, and posting
of decisions, resolutions, and final and interlocutory orders in the cases
covered by this Protocol.

~-.

I.

Covered cases

1. This Protocol shall govern .the procedure in the promulgation,

publication and posting of decisions, resolutions, and final and interlocutory
orders of the courts in cases where the confidentiality of the identities of
the parties, records, and court proceedings is mandated by law and/or
by the rules.

2. Confidentiality of the identities of the parties, records, and court

proceedings is mandated by the following laws: Republic Act (R.A.) No.
7610 1 in cases of child abuse, exploitation, and discrimination; R.A. No.
8508 2 in cases of rape and other forms of sexual abuse or assault; R.A. No.
3
9208 in cases of human trafficking; R.A. No. 9262 4 in cases of violence
against women and their children; and R.A. No. 9344 5 in cases involving
children at risk and those in conflict with the law.
This Protocol shall also apply to cases where the confidentiality of the
identities of the parties, records, and court proceedings is mandated by laws
or rules not expressly mentioned herein and by similar laws or rules to be
enacted in the future.
II.

Prospective and Limited Retroactive Application

3. The decisions, resolutions, and orders issued or promulgated or to

be issued or promulgated by the courts in cases covered by this Protocol
shall be modified in accordance with the provisions of this Administrative
Circular.
The modification of previously issued and promulgated decisions,
resolutions, and orders shall extend only to those published on the Official
Website of the Supreme Court (SC Website) beginning 1996, the earliest
year when decisions of the Court were uploaded and made publicly
accessible.
III.

Modification Requirements for Covered cases

4. The cases covered by this Protocol shall be modified in the

following manner:
a. By replacing with fictitious initials the complete names of
the women and children victims in the decisions, resolutions, and
orders of the court in cases covered by this Protocol. For example,

Known as the "Special Protection of Children Against Abuse, Exploitation and

Act."
Known as the "Rape Victim Assistance and Protection Act of 1998."
Known as the "Anti-Trqfficking in Persons Act of 2003."
Known as the "Anti-Violence Against Women and Their Children Act o/2004."
Known as the "Juvenile Justice and Welfare Act of 2006."

D1~1wimination

AAA should be written in place of the name of the woman victim in

the crime of rape.
The courts may, in the exercise of their discretion, use different
combinations of letters as long as the fictitious initials used shall not
identify, directly or indirectly, the individual whose real name is
replaced by the fictitious initials.
b. The personal circumstances or other information which
tend to establish or ooinpromise, directly or indirectly, the identities of
the women and children victims, such as, but not limited to, their date
of birth, complete address, complete names of parents, relatives, or
other household members, shall be blotted out from the decision,
resolution, and order of the courts in covered cases.
The complete names and personal circumstances of the victim's
family members or relatives, who may be mentioned in the court's
decision or resolution, shall likewise be similarly treated.
c. At the victim's instance or if the victim is a minor that of his
or her guardian, the complete name of the accused may be replaced by
fictitious initials and his or her personal circumstances blotted out
from the decision, resolution, or order if the name and personal
circumstances of the accused may tend to establish or compromise the .
victims' identities. The victims or their guardians should manifest to
the trial court at the earliest opportunity, i.e., after the filing of the
complaint, information, or original petition, their desire to have the
name of the accused be replaced with fictitious initials and his
personal circumstances be blotted out from the decision, resolution,
and order of the court.
If the accused is a minor, the complete name of the accused
shall be replaced with fictitious initials and his or her personal
circumstances, except for the fact of minority, shall be blotted out
from the decision, resolution or order.

d. As to geographical location, the decisions, resolutions, and

orders in covered cases should refer only to the province where the
incident occurred or where the crime was committed. References to
the specific barangay or town should be blotted out from the body of
the decision, resolution, or order if its identification could lead to the
disclosure of the identities of the women or children victims.
5. The court shall determine the use of fictitious initials in place of
the victims' complete names at the earliest opportunity, i.e., after the filing
of the complaint, information, or original petition, and shall then issue an
order or resolution to this effect.

The fictitious initials determined by the court to replace the real

,names of the victims in covered cases should be used consistently in the
body and dispositive portion of the decision, resolution, or order and in all
subsequent court issuances.
The court may, however, use the real names of the victims in its
issuance of interlocutory orders, where the identification of the victims is
necessary to avoid mistake or confusion in the enforcement of these orders.
The use of fictitious initials, however, may be waived by the victims
in accordance with paragraph 9 of this Protocol.
6. The order or resolution issued by the court under paragraph 5 of
this Protocol shall be effective in all subsequent proceedings in the case,
even on appeal to the higher courts.
The court's order or resolution shall also apply to petitions for
certiorari under Rule 65 of the Rules of Court, filed by either the accusedappellant or the minor or children victims, assailing the proceedings, orders,
or judgment by a lower court in covered cases.
7. In cases where the victims or their guardians have manifested their
desire to replace the complete name of the accused with fictitious initials, the
caption or title of the case should be written as follows:
a. The fictitious initials in the caption or title of the case shall
be followed by the case number, or government record (G.R.) number,
assigned to the case written in parenthesis. For example, in the lower
courts, 'People of the Philippines v. AAA (Case No.
_). '
b. If the case is appealed to the higher courts, the fictitious
initials shall be followed by the case number assigned by the appellate
court with proper notation of the original case number of the case
before the trial court written in parenthesis. For example, 'BBB v.
People (current appellate court case number fformerly lower court
case number]).'
c. If the case filed is a separate and independent petition for
certiorari under Rule 65, the fictitious initials shall be followed by the
case number assigned by the higher court. Examples _are: 'BBB v.
Public/Private Respondents (Case No.
, ' and 'People of the
Philippines and BBB v. Public/Private Respondents (Case No.

8. The rules under this Protocol shall also be observed in modifying

the decisions, resolutions, and orders to be uploaded and already uploaded
on the SC Website or the SC E-Library.

IV.

Waiver by the Victims

9. The women and children victims in covered cases may, at any

time, consent to the disclosure of their real names and personal
'circumstances in the decisions, resolutions, and orders of the court. In such
case, the victims giving the consent must personally, or with the assistance
of counsel, execute a written waiver in the presence of the court or before a
notary public.
In cases where the victim giving. the consent is a minor, the waiver
must be executed by the minor's parent or guardian. In the absence of a
parent or guardian, the court shall designate a person who shall execute the
waiver on the minor's behalf. The person so designated by the court must
fully explain the consequences of the waiver to the minor. The waiver may
be executed in the presence of the handling court or before a notary public,
and must be approved by the handling court.
10. For good and meritorious cause shown to the handling court, the
waiver under paragraph 9 of this Protocol may be revoked by the victims
who gave their consent to the disclosure of their real names and personal
circumstances in the decisions, resolutions, and orders of the court.
The revocation of the waiver must be in writing and executed in the
presence of the handling court or before a notary public. In the latter case,
the revocation shall be effective upon the approval by the handling court.
In cases where the waiver was executed on behalf of a minor, the
revocation of such waiver may be executed by either the minor's parent,
guardian or person duly designated by the court.
The handling court to which the revocation is submitted shall give its
approval if, in the exercise of its discretion, the revocation will serve the
greater good of the women or children victims. The handling court shall set
the terms for the modification of decisions, resolutions, or orders between
the time a waiver is made and its revocation.
The women or children victims waiving the confidentiality of
their identities or revoking such waiver must present the waiver or
revocation of the waiver, duly executed under the provisions of paragraphs 9
and 10 of this Protocol, to the handling judge or the court office or officer
responsible for the modification of the decisions, resolutions, and orders in
cases covered by this Protocol.
11.

V.

Promulgation

12. In the promulgation of decisions, final resolutions, and final

orders in covered cases, the court shall prepare two copies of its decision,
resolution, and final order. The .first copy shall be the unmodified version of
the decision, resolution, and final order, where the real names of the parties

are used and the parties' personal circumstances are disclosed. The second .
:copy shall be the version of the decision, resolution, and order as modified in
:accordance with this Protocol. Both copies shall be attached and made part
:of the records.
The unmodified version (or first copy) of the promulgated decision,
final resolution, and final order of the court is confidential and shall be
sealed in an envelope before it is attached to the records. The sealed
envelope shall only be opened upon the authority of the handling
judge/justice and must be .re-sealed thereafter. The second copy shall form
part of the open records of the case.
VI.

Publication and Posting

13. Only the decisions, final resolutions, and final orders in covered
cases promulgated by the Supreme Court and modified under this Protocol
shall be published in the Philippine Reports and in the Supreme Court
Reports Annotated.

14. Only the decisions, final resolutions, and final orders in covered
cases promulgated by the Supreme Court and modified under this Protocol
shall be posted on the SC Website and the Court's E-Library.
The modified version of the decisions, final resolutions and final
orders promulgated by the Court of Appeals, Sandiganbayan and the lower
courts may also be posted in the SC Website, if so directed by the Supreme
Court.
VII. Prohibition Against Release to the Public and the Media

15. Hard and soft copies of the original or unmodified version (first
copy) of promulgated decisions, resolutions, and orders in covered cases
shall not be released to the public and to the media, except when the victims
have executed a written waiver in accordance with paragraph .2 of this
Protocol.
Neither shall the records containing the real names and personal
circumstances of the parties, mentioned under paragraph 5 above, be
released to the public and to the media, except with the authority of the
handling court.
VIII. Responsibility for the Modification of Promulgated Decisions,
Final Resolutions, and Orders

16. The clerks of court of the Regional Trial Courts and the First
Level Courts shall be responsible for the modification of the decisions,
resolutions, and orders in their respective courts, as instructed in the order or
resolution issued by the court refe1red to in paragraph 5 of this Protocol.

17. The handling clerks of court of the Court of Appeals and the
Sandiganbayan shall be responsible for the modification of the decisions,
resolutions, and orders of 'their respective courts in covered cases. They
shall furnish their respective libraries, the SC Library, the PHILJA libraries,
and the Court's Public Information Office with a monthly list of modified
decisions, resolutions, and orders.
18. The Office of the Court Administrator, through its Legal/Court
Management Office, shall be responsible for the modification of the
decisions, resolutions, and b'rders of the lower courts to be uploaded on the
SC Website, as directed by the Supreme Court.
19. The Public Information Office shall be responsible for the
modification of the decisions, resolutions, and orders of the Supreme Court
already uploaded and to be uploaded on the SC Website.
The PIO shall also be responsible for the modification of the
decisions, resolutions, and orders of the Court of Appeals and the
Sandiganbayan that are directed by the Supreme Court to be uploaded on the
SC Website.
The PIO shall furnish the SC Clerk of Court, the Office of the
Reporter, the SC Library, and the PHILJA libraries with a monthly list of its
modified decisions, resolutions, and orders.
20. The SC Library shall be responsible for the modification of
decisions, resolutions, and orders uploaded on the E-1.:ibra_ry and other
websites of the Supreme Court which are accessed by a "username" and
"password" provided by the SC Library.

IX.

Liability

21. The court officials responsible for the modification of the

decisions, resolutions, and orders by the courts in covered cases or tasked to
handle the covered cases under the terms of this Protocol, as well as the
court employees designated to carry out tasks related to the implementation
of this Protocol, must strictly observe the provisions of this Protocol. The
judges, justices, clerks of court and heads of court offices concerned shall
adopt appropriate measures within their courts or offices to fully implement
the terms and purpose of this Protocol.
22. The unauthorized release to the public or to the media of hard or
soft copies of the unmodified version (first copy) of the decision, resolution,
or order of the courts in covered cases shall be considered a grave offense
and shall be punishable with the penalties provided under the Civil Service
Rules on Administrative Cases for grave offenses, without prejudice to the
criminal liabilities that the violators may incur under applicable laws.

23. Third parties who do not have any direct responsibility for the
implementation of this Protocol and who violate the confidentiality covered
by this Protocol, may be held liable under the appropriate laws or rules.

'X.

Effectivity
24. This Protocol shall take effect immediately.
Issued this 21_ day of

Ju 1 y

2015.

az=
ANTONIO T. CARPIO
Acting Chief Justice

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