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9208
THE ANTI-TRAFFICKING IN PERSONS ACT OF 2003
(as amended by RA 10364)
I. TRAFFICKING IN PERSONS
Questions:
1. What are the three elements of human trafficking? Action, means, and purpose.
Only ONE of the elements from each group needs to be present to constitute
human trafficking. For example if a victim is recruited by physical force to serve as
a maid, then they would be considered a victim. Or if a victim is transported and
coerced into street prostitution by threatening deportation, then they would be
considered a victim.
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REALITY: Human Smuggling involves unauthorized crossing of a border into
another country. Smuggling does not involve coercion, but rather is performed at
the request of the alien, who pays a fee for safe, albeit illegal, passage. In its simplest
form, it involves only transportation. Once arriving into the destination, the smuggler
and the smuggled individual go their separate ways. In this case, the smuggled
individual is a criminal by law. Human trafficking, on the other hand, may or may
not involve the illegal crossing of an international border. Some trafficking victims
arrive in its destination with a legitimate Visa that is then confiscated (force) by their
trafficker.
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may start off dancing or stripping in clubs and are often coerced into more
exploitative situations of prostitution and pornography.
READ: Commonly observed forms of sex trafficking
Street prostitution
Exotic dancing bars
massage parlors
Escort services
B. UNDER LABOR EXPLOITATION
Exploitation of adults or children for labor using force, fraud, coercion
Commonly observed forms of labor trafficking
Domestic servitude
Restaurants
Industrial cleaning
Construction
Migrant farm work
Peddling/begging
Human trafficking does not exist only because many people who are vulnerable
to exploitation but because human trafficking is fuelled by a demand for cheap
labor or services, or for commercial sex acts. To ultimately solve the problem
of human trafficking, it is essential to address these demand-driven
factors, as well as to alter the overall market incentives of high-profit and
low-risk that traffickers currently exploit.
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4. To undertake or organize tours and travel plans consisting of tourism
packages or activities for the purpose of utilizing and offering persons for
prostitution, pornography or sexual exploitation;
10. To recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide,
adopt or receive a child for purposes of exploitation or trading them, including but
not limited to, the act of baring and/or selling a child for any consideration or for
barter for purposes of exploitation. Trafficking for purposes of exploitation of
children shall include:
11. To organize or direct other persons to commit the offenses defined as acts of
trafficking under this Act.
Where there are acts to initiate the commission of a trafficking offense but the
offender failed to or did not execute all the elements of the crime, by accident or by
reason of some cause other than voluntary desistance, such overt acts shall be deemed
as an attempt to commit an act of trafficking in persons. As such, an attempt to commit
any of the offenses enumerated in Section 4 of this Act shall constitute attempted
trafficking in persons.
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In cases where the victim is a child, any of the following acts shall also be
deemed as attempted trafficking in persons:
c. Recruiting a woman to bear a child for the purpose of selling the child;
e. Soliciting a child and acquiring the custody thereof through any means from
among hospitals, clinics, nurseries, daycare centers, refugee or evacuation
centers, and low-income families, for the purpose of selling the child."
1. To knowingly lease or sublease, use or allow being used any house, building
or establishment for the purpose of promoting trafficking in persons;
5. To facilitate, assist or help in the exit and entry of persons from/to the country
at international and local airports, territorial boundaries and seaports who are in
possession of unissued, tampered or fraudulent travel documents for the purpose
of promoting trafficking in persons;
7. To knowingly benefit from, financial or otherwise, or make use of, the labor or
services of a person held to a condition of involuntary servitude, forced labor, or
slavery.
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8. To tamper with, destroy, or cause the destruction of evidence, or to influence
or attempt to influence witnesses, in an investigation or prosecution of a case
under this Act;
2. When the adoption is effected through Republic Act No. 8043, otherwise
known as the "Inter-Country Adoption Act of 1995" and said adoption is for the
purpose of prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
8. When the offender commits one or more violations of Section 4 over a period
of sixty (60) or more days, whether those days are continuous or not; and
9. When the offender directs or through another manages the trafficking victim in
carrying out the exploitative purpose of trafficking.
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6. Legal guardian
7. Any person who has personal knowledge of the commission of any offense under this
Act
Cases:
1. G.R. No. 211465 December 3, 2014 People v. Shirley Casio
2. G.R. no. 195419 October 12, 2011 People v. HadjaJarmaLalli etc.