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A 10364 Primer
R.A 10364 Primer
In the new law, the following acts are now considered human trafficking:
Recruiting any Filipino woman to marry a foreign national for the purpose of
acquiring, buying, offering, selling him/her to engage in prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
Undertaking or organizing tours and travel plans for the purpose of sex tourism;
Child prostitution/pornography;
facilitating, assisting or helping in the exit and entry of persons from/to the country at
international and local airports who have fraudulent travel documents for the
purposes of promoting trafficking in persons;
Qualified Trafficking
When the offender is a member of the military or law enforcement agency; and
When by reason or occasion of the act, the offended party dies, becomes insane, or
been afflicted by HIV-AIDS
When the offender commits one or more violations of Section 4 over a period of sixty
or more days, continuous or not; and
When the offender directs or through another manages the trafficking victim in
carrying out exploitative purpose of trafficking.
Under R.A. 10364, attempted trafficking is any act to initiate the commission of a
trafficking offense but the offender failed to or did not execute all the elements of
the crime due to accident or by reason of some cause other than voluntary
desistance.
One of the new provisions inserted in this Act provides for the liabilities of an accomplice in
trafficking. Under this Act, an accomplice is anyone who knowingly aids, abets,
cooperates in the execution of the offense, whether by previous or simultaneous acts,
and shall be punished in accordance with this law.
An accessory is any person that has the knowledge of the commission of the
crime and without having participated therein, takes part in the commission in any of the
following manners:
profiting themselves or assisting the offender to profit by the effects of the crime;
trafficked person;
the parents, spouse, siblings, children or legal guardian of the trafficked person; and
Any person, natural or juridical, found guilty of trafficking under R.A 10364 may be punished.
Prescriptive Period
Trafficking cases can be filed within 10 years after they are committed. If trafficking is
committed by a syndicate or on a large scale, cases can be filed within 20 years after the
commission of the act. The so-called prescriptive period is counted from the day the
trafficked person is delivered or released from the conditions of bondage.
In the case of a child victim, the prescriptive period starts from the day the child reaches the
age of majority.
PENALTIES
ACT
Acts of Trafficking
Acts that Promote Trafficking/Accessory
Liability
PENALTY
What
Qualified Trafficking
Attempted Trafficking
Accomplice Liability
(2)
Deportation if the offense is
committed by a foreigner
Trafficked persons shall be considered victims and shall not be penalized for unlawful acts
committed.
Temporary Custody of Trafficked Victims is also now provided under RA 10364 rescue
of trafficked persons should be under the assistance of DSWD or any accredited NGO that
services trafficked victims.
Extra-Territorial Jurisdiction
Under this Act, the state can exercise jurisdiction over any act defined and penalized under
the law, even if the crime is committed outside the Philippines, if the suspect or accused is:
A Filipino citizen; or
Another added provision in this act is the database of anti-trafficking in persons wherein the
Inter-Agency Council Against Trafficking (IACAT) shall submit a report to the President of the
Philippines and to Congress, on or before January 15 f every year, the preceding years
programs and date on trafficking-related cases.
IACAT is the primary body that coordinates, monitor and oversee the implementation of R.A.
10364. IACAT is composed of the following agencies:
Members:
Secretary, DFA;
Secretary, DOLE;
Secretary, DILG;
Administrator, POEA;
Commissioner, BOI;
Chief, PNP;
Chairperson, PCW;
Chairperson, CFO;
Three representatives from NGOs shall include one representative each from the
sectors of women, overseas Filipinos, and children.
Funding
The funds necessary to implement this Act will be charged against the current years
appropriations of the IACAT under the budget of the DOJ and other concerned departments.
Additional Funds for the Council is also now provided by the law, the amount
collected from every penalty, fine or asset derived from any violation of this Act shall
be considered additional funds for the Council.