Sei sulla pagina 1di 8

Republic Act 9208 (The involuntary servitude or the

removal or sale of organs.


Anti-Trafficking in Persons
Act of 2003) as amended "SEC. 3. Definition of Terms
by  Prostitution – refers to any act, transaction,
Republic Act 10364 scheme or design involving the use of a
person by another, for sexual intercourse
(Expanded Anti-Trafficking or lascivious conduct in exchange for
in Persons Act of 2012) money, profit or any other consideration.

Prepared by:  Forced Labor – refers to the extraction


Jirah Grace Chee of work or services from any person
by means of enticement, violence,
What is the Republic Act 9208 as intimidation or threat, use of, force or
amended by the Republic Act 10364? coercion, including deprivation of
The Republic Act (R.A.) 9208, also known freedom, abuse of authority or moral
as the Anti-Trafficking in Persons Act of ascendancy, debt-bondage or
2003, institute policies to eliminate deception including any work or
trafficking in persons especially women service extracted from any person
and children. under the menace of penalty.
It establishes the necessary institutional
mechanisms to protect and support  Slavery – refers to the status or
trafficked persons, and provides penalties condition of a person over whom any
for its violations. or all of the powers attaching to the
right of ownership are exercised.
"SEC. 2. Declaration of Policy
It is hereby declared that the State values  Debt Bondage – refers to the
the dignity of every human person and pledging by the debtor of his/her
guarantees the respect of individual personal services or labor or those
rights. In pursuit of this policy, the State of a person under his/her control as
shall give highest priority to the security or payment for a debt,
enactment of measures and development when the length and nature of
of programs that will promote human
services is not clearly defined or
dignity, protect the people from any threat
when the value of the services as
of violence and exploitation, eliminate
trafficking in persons, and mitigate reasonably assessed is not applied
pressures for involuntary migration and toward the liquidation of the debt.
servitude of persons, not only to support
trafficked persons but more importantly,  Involuntary Servitude - refers to a
to ensure their recovery, rehabilitation condition of enforced and compulsory
and reintegration into the mainstream of service induced by means of any
society. scheme, plan or pattern, intended to
cause a person to believe that if he or
she did not enter into or continue in
What is Trafficking in Persons? such condition, he or she or another
Trafficking in persons is an illegal act and person would suffer serious harm or
is considered a violation of human rights other forms of abuse or physical
and inimical to human dignity and restraint, or threat of abuse or harm,
national development. or coercion including depriving access
to travel documents and withholding
ELEMENTS salaries, or the abuse or threatened
abuse of the legal process.
1. ACT. It involves the recruitment,
obtaining, hiring, providing,  Sexual Exploitation refers to
offering, transportation, transfer, participation by a person in
maintaining, harboring, or receipt prostitution, pornography or the
of persons, with or without the production of pornography, in
victim’s consent or knowledge, exchange for money, profit or any
within or across national borders; other consideration or where the
2. MEANS. It involves the participation is caused or facilitated
recruitment, obtaining, hiring, by any means of intimidation or
providing, offering, transportation, threat, use of force, or other forms of
transfer, maintaining, harboring, or coercion, abduction, fraud, deception,
receipt of persons, with or without debt bondage, abuse of power or of
the victim’s consent or knowledge, position or of legal process, taking
within or across national borders; advantage of the vulnerability of the
person, or giving or receiving of
3. PURPOSE. It is done for the
payments or benefits to achieve the
purpose of exploitation or the
consent of a person having control
prostitution of others or other
over another person; or in sexual
forms of sexual exploitation, forced
intercourse or lascivious conduct.
labor or services, slavery,
• (e) To maintain or hire a person to
engage in prostitution or pornography;

• To adopt persons by any form of


consideration for exploitative purposes or
to facilitate the same for purposes of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;

• To adopt or facilitate the adoption


of persons for the purpose of prostitution,
pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or
debt bondage;

• To recruit, hire, adopt, transport,


transfer, obtain, harbor, maintain, provide,
offer, receive or abduct a person, by
means of threat or use of force, fraud,
deceit, violence, coercion, or intimidation
for the purpose of removal or sale of
organs of said person;

How is Trafficking in Persons


• To recruit, transport, obtain,
transfer, harbor, maintain, offer, hire,
different from Illegal Recruitment provide, receive or adopt a child to
and Human Smuggling? engage in armed activities in the
Philippines or abroad;

What are the three (3) • To recruit, transport, transfer,


harbor, obtain, maintain, offer, hire,
categories of Trafficking in provide or receive a person by means
Persons? mentioned in the preceding paragraph for
1. SEC. 4. Acts of Trafficking in purposes of forced labor, slavery, debt
Persons. bondage and involuntary servitude,
including a scheme, plan, or pattern
• To recruit, obtain, hire, provide, intended to cause the person either:
To believe that if the person did not
offer, transport, transfer, maintain, harbor,
or receive a person by any means, perform such labor or services, he
including those done under the pretext of or she or another person would
domestic or overseas employment or suffer serious harm or physical
training or apprenticeship, for the purpose restraint; or
of prostitution, pornography, or sexual To abuse or threaten the use of law
exploitation; or the legal processes;

• To introduce or match for money,


• To recruit, transport, harbor,
profit, or material, economic or other
consideration, any person or, as provided obtain, transfer, maintain, hire, offer,
for under Republic Act No. 6955, any provide, adopt or receive a child for
Filipino woman to a foreign national, for purposes of exploitation or trading them,
marriage for the purpose of acquiring, including but not limited to, the act of
buying, offering, selling or trading him/her buying and/or selling a child for any
to engage in prostitution, pornography, consideration or for barter for purposes of
sexual exploitation, forced labor, slavery, exploitation.
involuntary servitude or debt bondage;.
• Trafficking for purposes of
• To offer or contract marriage, real exploitation of children shall include:
All forms of slavery or practices
or simulated, for the purpose of acquiring,
buying, offering, selling, or trading them similar to slavery, involuntary
to engage in prostitution, pornography, servitude, debt bondage and
sexual exploitation, forced labor or forced labor, including recruitment
slavery, involuntary servitude or debt of children for use in armed
bondage; conflict;

• To undertake or organize tours and • The use, procuring or offering of a


travel plans consisting of tourism child for prostitution, for the production of
packages or activities for the purpose of pornography, or for pornographic
utilizing and offering persons for performances;
prostitution, pornography or sexual
exploitation;
The use, procuring or offering of a having participated therein, either as
child for the production and principal or as accomplices, take part in its
trafficking of drugs; and commission in any of the following
manners:
• The use, procuring or offering of a a. Profiting themselves or assisting the
child for illegal activities or work which, by offender to profit by the effects of the
its nature or the circumstances in which it crime;
is carried out, is likely to harm their b. Concealing or destroying the body of
health, safety or morals; and the crime or effects or instruments in
order to prevent its discovery; and
• To organize or direct other persons c. Harboring, concealing or assisting in the
to commit the offenses defined as acts of escape of the principal of the crime,
trafficking. provided the accessory acts with abuse of
his or her public functions or is known to
be habitually guilty of some other crime.

The R.A. 10364 includes the 2. 2. SEC. 5. Acts that Promote


following as Acts of Trafficking Trafficking in Persons
in Persons:
• To knowingly lease or sublease, use or
"SEC. 4-A. Attempted Trafficking in allow to be used any house, building or
Persons. establishment for the purpose of
Where there are acts to initiate the promoting trafficking in persons;
commission of a trafficking offense but the
offender failed to or did not execute all • To produce, print and issue or distribute
the elements of the crime, by accident or unissued, tampered or fake counseling
by reason of some cause other than certificates, registration stickers, overseas
voluntary desistance, such overt acts shall employment certificates or other
be deemed as an attempt to commit an certificates of any government agency
act of trafficking in persons. As such, an which issues these certificates, decals and
attempt to commit any of the offenses such other markers as proof of compliance
enumerated in Section 4 of this Act shall with government regulatory and pre-
constitute attempted trafficking in departure requirements for the purpose of
persons. promoting trafficking in persons;

The R.A. 10364 includes the • To advertise, publish, print, broadcast or


following as Acts of Trafficking in distribute, or cause the advertisement,
Persons: publication, printing, broadcasting or
If the victim is a child, any of the following distribution by any means, including the
acts shall be deemed as attempted use of information technology and the
trafficking in persons: internet, of any brochure, flyer, or any
a. Facilitating the travel of a child propaganda material that promotes
who travels alone to a foreign trafficking in persons;
country or territory without valid
reason and without the required • To assist in the conduct of
clearance or permit from the DSWD misrepresentation or fraud for purposes of
or a written permission from the facilitating the acquisition of clearances
child’s parent or legal guardian; and necessary exit documents from
b. Executing, for a consideration, government agencies that are mandated
an affidavit of consent or a written to provide pre-departure registration and
consent for adoption services for departing persons for the
c. Recruiting a woman to bear a purpose of promoting trafficking in
child for the purpose of selling the persons;
child
d. Simulating a birth for the • To facilitate, assist or help in the exit
purpose of selling a child; and and entry of persons from/to the country
e. Soliciting a child and acquiring at international and local airports,
the custody through any means territorial boundaries and seaports who
from among hospitals, clinics, are in possession of unissued, tampered
nurseries, daycare centers, refugee or fraudulent travel documents for the
or evacuation centers, and low- purpose of promoting trafficking in
income families, for the purpose of persons;
selling the child.
• To confiscate, conceal, or destroy the
SEC. 4-B. Accomplice Liability passport, travel documents, or personal
Whoever knowingly aids, abets, documents or belongings of trafficked
cooperates in the execution of the offense persons in furtherance of trafficking or to
by previous or simultaneous acts of prevent them from leaving the country or
trafficking. seeking redress from the government or
appropriate agencies
"SEC. 4-C. Accessories.
• To knowingly benefit from, financial or
Whoever has the knowledge of the
otherwise, or make use of, the labor or
commission of the crime, and without
services of a person held to a condition of Trafficking is deemed committed by a
involuntary servitude, forced labor, or syndicate if carried out by a group of three
slavery; (3) or more persons conspiring or
To tamper with, destroy, or cause the confederating with one another. It is
destruction of evidence, or to influence or deemed committed in large scale if
attempt to influence witnesses, in an committed against three (3) or more
investigation or prosecution of a case; persons, individually or as a group.

• To destroy, conceal, remove, confiscate Who can file cases for Trafficking
or possess, or attempt to destroy, conceal, in Persons?
remove, confiscate or possess, any actual The following persons may file cases of
or purported passport or other travel, trafficking in persons:
immigration or working permit or Any person, including a law enforcement
document, or any other actual or officer, who has personal knowledge of
purported government identification, of the commission of the offense;
any person in order to prevent or restrict,
or attempt to prevent or restrict, without
lawful authority, the person’s liberty to
• The trafficked person or the
offended party;
move or travel in order to maintain the
labor or services of that person; and • Parents or legal guardians;

• To utilize his or her office to impede the


investigation, prosecution or execution of
• Spouse;
lawful orders in a case.
• Siblings; or

3. SEC. 6. Qualified Trafficking


• Children

in Persons
Where to file cases of Trafficking
 When the trafficked person is a child
or below 18 years old; in Persons?
 When the adoption is effected through A complaint for violation of the Act for the
Republic Act No. 8043, otherwise purpose of inquest or preliminary
known as the “Inter-Country Adoption investigation may be filed with the
Act of 1995” and said adoption is for following:
the purpose of prostitution,
pornography, sexual exploitation,
forced labor, slavery, involuntary
• Department of Justice - National
servitude or debt bondage; Prosecution Service, or
 When the crime is committed by a
syndicate, or in large scale; • Provincial/City Prosecution Office;
 When the offender is a spouse, an
ascendant, parent, sibling, guardian •where the offense was
or a person who exercises authority committed;
over the trafficked person or when the where any of the elements of
offense is committed by a public the offense occurred; or
officer or employee; • where the trafficked person
 When the trafficked person is resides at the time of the
recruited to engage in prostitution commission of the crime.
with any member of the military or
law enforcement agencies; Cases involving trafficking in
 When the offender is a member of the persons should not be dismissed
military or law enforcement agencies; based on the affidavit of
 When by reason or on occasion of the desistance executed by the victims
act of trafficking in persons, the or their parents or legal guardians.
offended party dies, becomes insane, Prosecutors are directed to oppose
suffers mutilation or is afflicted with and manifest objections to motions
Human Immunodeficiency Virus (HIV) for dismissal.
or the Acquired Immune Deficiency
Syndrome (AIDS); What is the prescriptive period
 When the offender commits one or for filing of cases?
more violations over a period of sixty Trafficking cases can be filed within 10
(60) or more days, whether those years after they are committed. If
days are continuous or not; and trafficking is committed by a syndicate or
 When the offender directs or through on a large scale or against a child, cases
another manages the trafficking can be filed within 20 years after the
victim in carrying out the exploitative commission of the act.
purpose of trafficking The prescriptive period is counted from
the day the trafficked person is delivered
or released from the conditions of
When is trafficking considered a bondage.
large scale or committed by a
syndicate? What are the penalties for
violations of R.A. 9208 as
amended by R.A. 10364? recovery, rehabilitation and reintegration
into the mainstream of society:
 Temporary housing and food
facilities;
 Psychological support and
counseling;
 Free legal services;
 Medical or psychological
services;
 Livelihood and skills training
 Educational assistance to a
trafficked child; and
 hour call center for crisis
calls and technology based
counseling and referral
system.

What protection is given to


trafficked persons?
1. "SEC. 17. Legal Protection to
Trafficked Persons.
Trafficked persons shall be recognized
as victims of the act or acts of
trafficking and as such, shall not be
penalized for unlawful acts committed
as a direct result of, or as an incident or
in relation to, being trafficked based on
the acts of trafficking enumerated in
this Act or in obedience to the order
made by the trafficker in relation
thereto. In this regard, the consent of a
trafficked person to the intended
exploitation set forth in this Act shall be
irrelevant.
"Victims of trafficking for purposes of
prostitution as defined under Section 4
of this Act are not covered by Article
202 of the Revised Penal Code and as
such, shall not be prosecuted, fined, or
otherwise penalized under the said law."

2. "SEC. 17-A. Temporary Custody


of Trafficked Victims.
The rescue of victims should be done
as much as possible with the assistance of
the DSWD or an accredited NGO that
services trafficked victims. A law
enforcement officer, on a reasonable
suspicion that a person is a victim of any
offense defined under this Act including
attempted trafficking, shall immediately
place that person in the temporary
custody of the local social welfare and
development office, or any accredited or
licensed shelter institution devoted to
protecting trafficked persons after the
rescue."
3. Right to Privacy and
Confidentiality
Law enforcement officers, prosecutors,
judges, court personnel, social workers
and medical practitioners, as well as
parties to the case, shall protect the right
to privacy of the trafficked person at any
stage of the investigation, rescue,
What are the mandatory services prosecution and trial. The name and
available for trafficked persons personal circumstances of the trafficked
under R.A. 9208 as amended by person or any other information tending to
R.A. 10364? establish the identity of the trafficked
The following services are available for person and his or her family shall not be
trafficked persons to ensure their disclosed to the public
What protection is given to trafficked levels of the community. It shall
persons? establish free temporary shelters, for
the protection and housing of
4. "SEC. 17-B. Irrelevance of Past trafficked persons to provide the
Sexual Behavior, Opinion
Thereof or Reputation of following basic services to trafficked
Victims and of Consent of persons:
Victims in Cases of Deception,
Coercion and Other Prohibited "(1) Temporary housing and food
Means. facilities;
The past sexual behavior or the sexual
predisposition of a trafficked person shall "(2) Psychological support and
be considered inadmissible in evidence for counseling;
the purpose of proving consent of the
victim to engage in sexual behavior, or to "(3) 24-hour call center for crisis calls
prove the predisposition, sexual or and technology-based counseling and
otherwise, of a trafficked person. referral system;
Furthermore, the consent of a victim of
trafficking to the intended exploitation "(4) Coordination with local law
shall be irrelevant where any of the means enforcement entities; and
set forth in Section 3(a) of this Act has
been used." "(5) Coordination with the Department
of Justice, among others.
Programs that Address Trafficking
in Persons "The DSWD must conduct information
SEC. 16. Programs that Address campaigns in communities and
Trafficking in Persons. schools teaching parents and families
The government shall establish and that receiving consideration in
implement preventive, protective and exchange for adoption is punishable
rehabilitative programs for trafficked under the law. Furthermore,
persons. For this purpose, the following
agencies are hereby mandated to information campaigns must be
implement the following programs: conducted with the police that they
must not induce poor women to give
"(a) Department of Foreign Affairs their children up for adoption in
(DFA) – shall make available its exchange for consideration.
resources and facilities overseas for
trafficked persons regardless of their "(c) Department of Labor and
manner of entry to the receiving Employment (DOLE) – shall ensure
country, and explore means to further the strict implementation and
enhance its assistance in eliminating compliance with the rules and
trafficking activities through closer guidelines relative to the employment
networking with government agencies of persons locally and overseas. It
in the country and overseas, shall likewise monitor, document and
particularly in the formulation of report cases of trafficking in persons
policies and implementation of involving employers and labor
relevant programs. recruiters.

"The DFA shall take necessary "(d) Department of Justice (DOJ) –


measures for the efficient shall ensure the prosecution of
implementation of the Electronic persons accused of trafficking and
Passporting System to protect the designate and train special
integrity of Philippine passports, visas prosecutors who shall handle and
and other travel documents to reduce prosecute cases of trafficking. It shall
the incidence of trafficking through also establish a mechanism for free
the use of fraudulent identification legal assistance for trafficked persons,
documents. in coordination with the DSWD,
Integrated Bar of the Philippines (IBP)
"(b) Department of Social Welfare and other NGOs and volunteer groups.
and Development (DSWD) – shall
implement rehabilitative and "(e) Philippine Commission on
protective programs for trafficked Women (PCW) – shall actively
persons. It shall provide counseling participate and coordinate in the
and temporary shelter to trafficked formulation and monitoring of policies
persons and develop a system for addressing the issue of trafficking in
accreditation among NGOs for persons in coordination with relevant
purposes of establishing centers and government agencies. It shall likewise
programs for intervention in various advocate for the inclusion of the issue
of trafficking in persons in both its Filipinos in intermarriages. It shall
local and international advocacy for develop a system for accreditation of
women’s issues. NGOs that may be mobilized for
purposes of conducting pre-departure
"(f) Bureau of Immigration (BI) –
counseling services for Filipinos in
shall strictly administer and enforce
intermarriages. As such, it shall ensure
immigration and alien administration
that the counselors contemplated
laws. It shall adopt measures for the
under this Act shall have the minimum
apprehension of suspected traffickers
qualifications and training of guidance
both at the place of arrival and
counselors as provided for by law.
departure and shall ensure
compliance by the Filipino "It shall likewise assist in the conduct
fiancés/fiancées and spouses of of information campaigns against
foreign nationals with the guidance trafficking in coordination with local
and counseling requirement as government units, the Philippine
provided for in this Act. Information Agency, and NGOs.
"(g) Philippine National Police "(k) Local government units
(PNP) and National Bureau of (LGUs) – shall monitor and document
Investigation (NBI) – shall be the cases of trafficking in persons in their
primary law enforcement agencies to areas of jurisdiction, effect the
undertake surveillance, investigation cancellation of licenses of
and arrest of individuals or persons establishments which violate the
suspected to be engaged in provisions of this Act and ensure
trafficking. They shall closely effective prosecution of such cases.
coordinate with each other and with They shall also undertake an
other law enforcement agencies to information campaign against
secure concerted efforts for effective trafficking in persons through the
investigation and apprehension of establishment of the Migrants
suspected traffickers. They shall also Advisory and Information Network
establish a system to receive (MAIN) desks in municipalities or
complaints and calls to assist provinces in coordination with the
trafficked persons and conduct rescue DILG, Philippine Information Agency
operations. (PIA), Commission on Filipinos
Overseas (CFO), NGOs and other
"(h) Philippine Overseas
concerned agencies. They shall
Employment Administration
encourage and support community-
(POEA) and Overseas Workers and
based initiatives which address the
Welfare Administration (OWWA) –
trafficking in persons.
POEA shall implement Pre-
Employment Orientation Seminars "In implementing this Act, the
(PEOS) while Pre-Departure agencies concerned may seek and
Orientation Seminars (PDOS) shall be enlist the assistance of NGOs,
conducted by the OWWA. It shall people’s organizations (POs), civic
likewise formulate a system of organizations and other volunteer
providing free legal assistance to groups."
trafficked persons, in coordination with
the DFA.
"(i) Department of the Interior Inter-Agency Council Against
and Local Government (DILG) –
Trafficking (IACAT)
shall institute a systematic
information and prevention campaign
in coordination with pertinent IACAT is the primary body that
agencies of government as provided
for in this Act. It shall provide training coordinates, monitor and oversee the
programs to local government units, in implementation of R.A. 10364. IACAT
coordination with the Council, in
ensuring wide understanding and is composed of the following agencies:
application of this Act at the local
level. Secretary, DOJ (Chairperson)

"(j) Commission on Filipinos Secretary, DSWD (Co-Chairperson)


Overseas – shall conduct pre-
Members:
departure counseling services for
Secretary, DFA;
Secretary, DOLE;
Secretary, DILG;
Administrator, POEA;
Commissioner, BOI;
Chief, PNP;
Chairperson, PCW;
Chairperson, CFO;
Executive Director, PCTC; and
Three representatives from NGOs shall
include one representative each from
the sectors of women, overseas
Filipinos, and children.

"SEC. 26-A. Extra-Territorial


Jurisdiction.
"No prosecution may be commenced
against a person under this section if
a foreign government, in accordance
with jurisdiction recognized by the
Philippines, has prosecuted or is
prosecuting such person for the
conduct constituting such offense,
except upon the approval of the
Secretary of Justice.
"The government may surrender or
extradite persons accused of
trafficking in the Philippines to the
appropriate international court if any,
or to another State pursuant to the
applicable extradition laws and
treaties."

END