NOTES ON RA 10364 amending the Anti-Trafficking in Persons Act

What is attempted 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.

If the victim is a child, an act be considered attempted trafficking if a person –

 facilitates the travel of a child without clearance from DSWD or parental/legal consent;
 executing affidavit of consent for adoption;
 Recruiting a woman to bear a child; simulating a birth; or soliciting a child and requiring
custody through any means from hospital, health centers and the like, all for the purpose
of selling the child.

What in an accomplice liability?

 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.

What is an accessory liability?

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;
 by concealing or destroying the boy of the crime; and
 by harbouring, concealing or assisting in the escape of the principal of the crime.

An accessory shall be liable to the penalties provided for in this Act.

Who may file a case?

The following persons may file cases of trafficking in persons:

 trafficked person;
 the parents, spouse, siblings, children or legal guardian of the trafficked person; and
 Anyone who has personal knowledge of the crime.

Who may be punished for trafficking in persons?

Any person, natural or juridical, found guilty of trafficking under R.A 10364 may be punished.

 If the offender is a corporation, partnership, association, club, establishment or any

juridical persons, the penalty shall be imposed upon the owner, president, partner,
manager, and/or any responsible officer who participated in the commissions of the
crime, or who knowingly permitted or failed to prevent is commission.
 If the offender is a foreigner, he or she shall be immediately deported after serving his/her
sentence and barred from entering the country.

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 PENALTY
20 yrs of imprisonment
Acts of Trafficking and a fine of 1 million to
2 million pesos
Acts that Promote 15 yrs of imprisonment
Trafficking/Accessory and a fine of 500,000 to
Liability 1 million pesos
Life imprisonment and a
Qualified Trafficking fine of 2 million to 5
million pesos
15 yrs imprisonment and
Attempted Trafficking a fine of 500,000 to 1
million pesos
15 yrs imprisonment and
Accomplice Liability a fine of 500,000 to 1
million pesos
6 yrs imprisonment and
Breach of
a fine of 500,000 to 1
Confidentiality Clause
million pesos
(1) six years to 12
years imprisonment and
a fine of 50,000 to
100,000 pesos
Use of Trafficked
Persons

(2) Deportation – if
the offense is committed
by a foreigner

What protection is given to trafficked persons under R.A. 10364?

Trafficked persons shall be considered victims and shall not be penalized for unlawful acts
committed.

 The consent of the victim to the intended exploitation is irrelevant; also

 The past sexual behaviour or predisposition of a trafficked person shall be considered
inadmissible in evidence of proving consent of the victim to the crime.

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
 A permanent resident of the Philippines; or
 Has committed the act against a citizen of the Philippines.