As amended by R.A.

10364

PHILIPPINE COAST GUARD

COAST GUARD LEGAL SERVICE
(PCG CGLS)
 What is
Republic Act 9208
as amended by Republic Act
10364?
The Republic Act (R.A.) 9208, also
known as the Anti-Trafficking in Persons Act
of 2003, institute policies to eliminate
trafficking in persons especially women and
children.

It establishes the necessary institutional

mechanisms to protect and support trafficked
persons, and provides penalties for its
violations. In 2012, the R.A. 9208 was amended
through the R.A. 10364 also known as the
Expanded Anti-Trafficking in Persons Act.

8
 What is the Inter-Agency Council Against Trafficking (IACAT)?
It is composed of the heads of the following as members:

Department of Commission on
Foreign Affairs (DFA) Filipinos Overseas Philippine National
Bureau of (CFO) Police (PNP)
Immigration (BI)
*Blas Ople Center
Department of Justice representing OFWs
(DOJ), Chair

*International Justice
Mission (IJM)
representingchildren

*Visayan Forum
Foundation, Inc. (VFFI)
representing women

Department of Social
Welfare andDevelopment Philippine Overseas
(DSWD), Co-Chair Employment Administration
(POEA)
Department of Labor Department of the
and Employment Philippine Center for PhilippineCommission
Interior and Local Transnational Crimes
(DOLE) Government (DILG) on Women (PCW)
(PCTC)

* Three (3) representatives from non-government organizations (NGOs), (OFWs) and children. These representatives are nominated by the government agency
who shall be composed of one (1) representative each from among the representatives of the IACAT, for appointment by the President for a term of three (3)
sectors representing women, overseas Filipino workers years.
 It involves the recruitment, obtaining, hiring,
What is Trafficking in Persons? providing, offering, transportation, transfer,
maintaining, harboring, or receipt of persons,
Trafficking in personsis an illegal act andis with or without the victim’s consent or
considered a violation of human rights knowledge, within or across national borders;
and inimical to human dignity and
national development.
It is committed by use of threat, or of force, or other
forms of coercion, abduction, fraud, deception, abuse of
There are three (3) inter-related and power or of position, taking advantage of the
inter-dependent elements that must vulnerability of the person, or, the giving or receiving
be present for a situation to be of payments or benefits to achieve the consent of a
considered within the purview of person having control over another person; and
R.A. 9208 as amended by RA 10364.
The three (3) elements are: It is done for the purpose of exploitation or
the prostitution of others or other forms of
sexual exploitation, forced labor or services,
slavery, involuntary servitude or the removal
or sale of organs.

Each of these elements must be present and linked to each other: the act/s must be
achieved by one of the means and both must be linked to achieving the
exploitative purpose. If any one of the three (3) elements is absent, then the
situation may not involve trafficking in persons, except if it involves trafficking of
a child.

The recruitment, transportation, transfer, harboring, adoption or receipt of a child

for the purpose of exploitation or when the adoption is induced by any form of
consideration for exploitative purposes shall also be considered as ‘trafficking in
persons’ even if it does not involve any of the means mentioned.
 Forced Labor
Forced labor refers to the
Involuntary Servitude
extraction of work or Involuntary servitude refers
services from any person by to a condition of enforced
means of enticement, and compulsory service
violence, intimidation or induced by means of any
threat, use of force or scheme, plan or pattern,
coercion, including intended to cause a person
deprivation of freedom, to believe that if he or she
abuse of authority or moral did not enter into or
ascendancy, debt-bondage continue in such condition,
or deception including any he or she or another person
work or service extracted would suffer serious harm
from any person under the or other forms of abuse or
menace of penalty. physical restraint, or threat
of abuse or harm, or
coercion including depriving
access to travel documents
and withholding salary or
the abuse or threatened
abuse of the legal process.

Debt Bondage
Debt bondage refers to the pledging by the debtor of
his/her personal services or labor or those of a person
Slavery
under his/her control as security or payment for a Slavery refers to the status or condition of a
debt, when the length and nature of services is not person over whom any or all of the powers
clearly defined or when the value of the services as attaching to the right of ownership are
reasonably assessed is not applied toward the exercised.
liquidation of the debt.
How is Trafficking in Persons different from
Illegal Recruitment and Human Smuggling? What are the three (3) Categories
of Trafficking in Persons?
Illegal Human
Trafficking in Persons The three (3) categories of trafficking in persons and its
Recruitment Smuggling
punishable acts are:
Usually does not
May or may not involve coercion but 1. Acts of Trafficking in Persons
involve coercion, uses more
fraud, Usually does not
deception, abuse of
deception, promises involve coercion • To recruit, obtain, hire, provide, offer, transport,
and fraud transfer, maintain, harbor, or receive a person
vulnerability, etc.
by any means, including those done under the
pretext of domestic or overseas employment or
Characterized by Characterized by training or apprenticeship, for the purpose of
subsequent facilitating entry of Characterized by
exploitation after one person from one facilitating, for prostitution, pornography, or sexual
the illegal entryof country to another a fee, the illegal exploitation;
one person from through an entry of aperson
one place to another unauthorized or into a foreign
or one country to unlicensed agency country
another

There is a need to
prove the presence of Mere recruitment Proof of illegal
exploitation or that without license is entry by none
the recruitment was punishable, no compliance with
facilitated for the need to provethe the necessary
purpose of consequential requirementsfor
exploitation travel
exploitation • To introduce or match for money, profit, or
material, economic or other consideration,
Considered a human Considered a
Considered any person or, as provided for under
amigration Republic Act No. 6955, any Filipino woman
rights issue migration concern
concern
to a foreign national,
 • 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;

for marriage for the purpose of acquiring, buying, • To recruit, hire, adopt, transport, transfer, obtain,
offering, selling or trading him/her to engage in harbor, maintain, provide, offer, receive or abduct a
prostitution, pornography, sexual exploitation, forced person, by means of threat or use of force, fraud,
labor, slavery, involuntary servitude or debt deceit, violence, coercion, or intimidation for the
bondage; purpose of removal or sale of organs of said person;
• To offer or contract marriage, real or simulated, for the
purpose of acquiring, buying, offering, selling, or
trading them to engage in prostitution, pornography,
sexual exploitation, forced labor or slavery,
involuntary servitude or debt bondage;

• 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;

• To maintain or hire a person to engage in prostitution

or pornography;
• To recruit, transport, obtain, transfer, harbor,
maintain, offer, hire, provide, receive or adopt a
child to engage in armed activities in the
Philippines or abroad;

• To recruit, transport, transfer, harbor, obtain,

maintain, offer, hire, provide or receive a person
by means mentioned in the preceding paragraph
for purposes of forced labor, slavery, debt
bondage and involuntary servitude, including a
scheme, plan, or pattern intended to cause the
person either: and forced labor, including recruitment of
children for use in armed conflict;
a. To believe that if the person did not
perform such labor or services, he or she or
b. The use, procuring or offering of a child for
another person would suffer serious harm
prostitution,fortheproductionofpornography,
or physical restraint; or
or for pornographic performances;
b. To abuse or threaten the use of law or the
legal processes; c. The use, procuring or offering of a child for the
production and trafficking of drugs; and
• To recruit, transport, harbor, obtain, transfer,
maintain, hire, offer, provide, adopt or receive a d. The use, procuring or offering of a child for
child for purposes of exploitation or trading illegal activities or work which, by its nature or
them, including but not limited to, the act of the circumstances in which it is carried out, is
buying and/or selling a child for any likely to harm their health, safety or morals;
consideration or for barter for purposes of and
exploitation. Trafficking for purposes of
exploitation of children shall include: • To organize or direct other persons to commit
the offenses defined as acts of trafficking.
a. All forms of slavery or practices similar to
slavery, involuntary servitude, debt bondage

TheR.A.10364includesthefollowingasActsofTrafficking
in Persons:
• Attempted Trafficking in Persons – when 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. As such, an attempt
to commit any of the offenses mentioned in
the preceding paragraph shall constitute
attempted trafficking in persons.
If the victim is a child, any of the following acts shall be
deemed as attempted trafficking inpersons:
a. Facilitating thetravel of achildwhotravels
alone to a foreign country or territory
without valid reason and without the
required clearance or
permit from the DSWD or a written permission from
the child’s parent or legal guardian;
b. Executing, for a consideration, an affidavit of consent
or a written consent for adoption;
c. Recruiting a woman to bear a child for the purpose of
selling the child;
d. Simulating a birth for the purpose of selling a child;
and
e. Soliciting a child and acquiring the custody 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.
• Accomplice Liability – knowingly aids, abets, and
cooperates in the execution of the offense by
previous or simultaneous acts of trafficking.
• Accessories – whoever has the knowledge of the
commission of the crime, and without having
participated therein, either as principal or accomplice,
take part in its commission in any of the following
manners:
a. Profiting themselves or assisting the offender
to profit by the effects of the crime;
 • To produce, print and issue or distribute unissued,
tampered or fake counseling certificates, registration
stickers, overseas employment certificates or other
certificates of any government agency which issues
these certificates, decals and such other markers as
proof of compliance with government regulatory and
pre-departure requirements for the purpose of
promoting trafficking in persons;

• To advertise, publish, print, broadcast or distribute, or

cause the advertisement, publication, printing,
broadcasting or distribution by any means, including the
use of information technology and the internet, of any
brochure, flyer, or any propaganda material that
b. Concealing or destroying the body of the crime promotes trafficking in persons;
or effects or instruments in order to prevent its
discovery; and
c. Harboring, concealing or assisting in the escape
of the principal of the crime, provided the
accessory acts with abuse of his or her public
functions or is known to be habitually guilty of
some other crime.

2. Acts that Promote Trafficking in Persons

• To knowingly lease or sublease, use or allow to be

used any house, building or establishment for the
purpose of promoting trafficking in persons;
 • To assist in the conduct of misrepresentation or
fraud for purposes of facilitating the acquisition of
clearances and necessary exit documents from • To destroy, conceal, remove, confiscate or possess,
government agencies that are mandated to provide or attempt to destroy, conceal, remove, confiscate or
pre-departure registration and services for possess, any actual or purported passport or other
departing persons for the purpose of promoting travel, immigration or working permit or document,
trafficking in persons; or any other actual or purported government
identification, of any person in order to prevent or
restrict, or attempt to prevent or restrict, without
• To facilitate, assist or help in the exit and entry of lawful authority, the person’s liberty to move or
persons from/to the country at international and travel in order to maintain the labor or services of
local airports, territorial boundaries and seaports that person; and
who are in possession of unissued, tampered or
fraudulent travel documents for the purpose of
promoting trafficking in persons; • To utilize his or her office to impede the
investigation, prosecution or execution of lawful
orders in a case.
• To confiscate, conceal, or destroy the passport, travel
documents, or personal documents or belongings of
trafficked persons in furtherance of trafficking or to
prevent them from leaving the country or seeking redress
from the government or appropriate agencies;

• 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;

• 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;
3. Qualified Trafficking in Persons
• When the trafficked person is a child or below 18 years
old;
• Whenthe adoption is effectedthrough 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;
• When the crime is committed by a syndicate, or in large
scale;
with Human Immunodeficiency Virus (HIV)
or the Acquired Immune Deficiency
Syndrome (AIDS);
• When the offender commits one or more
violations over a period of sixty (60) or more
days, whether those days are continuous or
not; and
• When the offender directs or through another
manages the trafficking victim in carrying out
the exploitative purpose of trafficking.

• When the offender is a spouse, an ascendant, parent,

sibling, guardian or a person who exercises authority
over the trafficked person or when the offense is
committed by a public officer or employee;

• When the trafficked person is recruited to engage in

prostitution with any member of the military or law
enforcement agencies;

• When the offender is a member of the military or law

enforcement agencies;

• When by reason or on occasion of the act of trafficking in

persons, the offended party dies, becomes insane, suffers
mutilation or is afflicted

When is trafficking considered a large scale or committed
by a syndicate?
Trafficking is deemed committed by a syndicate if carried
out by a group of three (3) or more persons conspiring or
confederating with one another. It is deemed committed in
large scale if committed against three (3) or more persons,
individually or as a group.
Where to report incidence of Trafficking in Persons?
Any person who has the personal knowledge on the
trafficking incidence can immediately report to any of the
following:
• Barangay authorities;
• Nearest PCG stations or other law
enforcement agencies (PNP, NBI);
• Local social welfare and development office;
• Any member agencies of the Inter-Agency
Council Against Trafficking (IACAT);
• Local anti-trafficking committee or task force;
• Local council for the protection of children; or
• 1343 Actionline against Human Trafficking.
International trafficking in persons can be reported to the
following:
• Philippine Embassy/Consulate which has
jurisdiction over the place where the trafficking
occurred or where the trafficked person is or
may be found;
• All officers, representatives and personnel of
the Philippine government posted abroad
under the leadership of the Ambassador or
the head of mission; or
• Office of the Undersecretary for Migrant
Workers Affairs (OUMWA) of the Department
of Foreign Affairs (DFA).
Who can file cases for Trafficking in Persons?
The following persons may file cases of trafficking in
persons:
• Any person, including a law enforcement
officer, who has personal knowledge of the
commission of the offense;
• The trafficked person or the offended party;
• Parents or legal guardians;
• Spouse;
• Siblings; or
• Children.
Where to file cases of Trafficking in Persons?
A complaint for violation of the Act for the purposeof
inquest or preliminaryinvestigation may be filedwith the
following:
 • Department of Justice – National Prosecution What are the PENALTIES for violations of R.A. 9208 as
Service, or amended by R.A. 10364?
• Provincial/City Prosecution Office;
Act Penalty
• where the offense was committed;
• where any of the elements of the offense 20 years imprisonment and a fine of
occurred; or Acts of Trafficking P 1 Million to P 2 Million
• where the trafficked person resides at the time
of the commission of the crime. Attempted 15 years imprisonment and a fine of
Trafficking P 500,000 to P 1 Million
Cases involving trafficking in persons should not be
dismissed based on the affidavit of desistance executed
Accomplice 15 years imprisonment and a fine of
by the victims or their parents or legal guardians. Liability P 500,000 to P 1 Million
Prosecutors are directed to oppose and manifest
objections to motions for dismissal.
15 years imprisonment and a fine of
Accessories P 500,000 to P 1 Million
What is the prescriptive period for filing of cases?
Acts that Promote 15 years imprisonment and a fine of
Trafficking cases can be filed within 10 years after they Trafficking P 500,000 to P 1 Million
are committed. If trafficking is committed by a syndicate
or on a large scale or against a child, cases can be filed Qualified Life imprisonment and a fine of P 2
within 20 years after the commission of the act. Trafficking Million to P 5 Million

The prescriptive period is counted from the day the

trafficked person is delivered or released from the Violation of Six (6) years imprisonment and a
Confidentiality fine of P 500,000 to P 1 Million
conditions of bondage.

Imprisonment of Prision Correccional

Use of Trafficked or 6 months and 1 day to 6 years and
Person P50,000 to P100,000 fine
If involves sexual intercourse or
lascivious conduct with a child:
-Imprisonment of Reclusion
Temporal in its medium period to
Reclusion Perpetua and
P500,000 to 1 Million fine
If involves carnal knowledge of,
or sexual intercourse with, a male
or female trafficking victim and
also involves the use of force or
intimidation, to a victim deprived
of reason or to an unconscious
victim, or a victim under 12 years
of age:
-Imprisonment of Reclusion
Perpetua or 20 years and 1 day to
40 years and 1 Million to 5 Million
fine
If committed by a foreigner:
-Deportation after serving the
sentence and permanently barred
from entering the country
If committed by Public Official:
-Dismissal from service, perpetual
absolute disqualification in addition
to imprisonment and fine
What are the mandatory services available for trafficked
persons under R.A. 9208 as amended by R.A. 10364?
The following services are available for trafficked persons to ensure
their 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
• 24-hour call center for crisis calls and technology-
based counseling and referral system.
What protection is given to trafficked persons?
Legal Protection
The law provides legal protection to victims of human
trafficking. Trafficked persons are recognized as victims
of trafficking and shall not be penalized for crimes
directly related to the acts of trafficking or in obedience to
the order made by the trafficker. The consent of the victim
to the intended exploitation is irrelevant.

Free Legal Assistance
Trafficked persons shall be provided with free legal
services which shall include information about the
victims’ rights and the procedure for filing
complaints, claiming compensation and such other
legal remedies available to them, in a language
understood by the trafficked person.
For victims of international trafficking, the DFA shall
provide free legal assistance and counsel to pursue
legal action against his or her traffickers, represent his
or her interests in any criminal investigation or
prosecution, and assist in the application for social
benefits and/or regular immigration status as may be
allowed by the host country.
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, prosecution and trial. The name
and personal circumstances of the trafficked person
or any other information tending to establish the
identity of the trafficked person and his or her family
shall not be disclosed to the public.
Witness Protection Program
Under Section 18 of RA 10364, trafficked victims
are entitled to the Witness Protection and Benefits
Program established under RA 6981.
Trafficked persons who will testify or are testifying
or about to testify before any judicial or quasi-
judicial body, or before any investigating authority,
may be admitted to the Program under the
following circumstances:
• The testimony will be used in the trafficking in
persons case or a criminal offense related thereto;
• The testimony can be substantially corroborated
on its material points; and
• The trafficked person or any member of the
family is subjected to threats or injury or there
is likelihood that he/she will be killed, forced,
intimated, harassed, harassed or corrupted to
prevent him/her from testifying.
To avail of the Program, the trafficked person or person
acting in his/her behalf may file an application form at
the Secretariat of the Witness Protection Security and
Benefit Program at the DOJ.
The benefits of the Program may include security
protection, immunity from criminal prosecution,
secure housing facility, assistance in obtaining a
means of livelihood, travel expenses and subsistence
allowance while acting as a witness, free medical
treatment, burial benefits, free education for the
minor dependent children, and/or non-removal or
demotion in work and payment of full salary or
wage while acting as witness.

Victim Compensation Program

Established by RA 7309, the Victim Compensation

Program provides compensation to victims of unjust
imprisonment or detention, and victims if violent
crimes. A Board of Claims under the DOJ is created
under the said law to evaluate and process claims
application.

More often than not, a trafficked person is also a

victim of a violent crime which includes physical
and/or psychological injuries, permanent incapacity
or disability, insanity, abortion, serious trauma, or
committed with torture, cruelty or barbarity. Thus, a
trafficked person who suffered any of the conditions
thus mentioned is entitled to avail of the benefits of
the Program. The trafficked person or his/her family
may file a claim with the Board at the Secretariat of
the Board of Claims at the DOJ or the Office of the
Regional State Prosecutor.
 Some Facts and Figures • The UN-International Labor Organization (ILO) Global Estimate
of Forced Labor 2012 states that 21-36 million are enslaved
on Human Trafficking worldwide. Furthermore, the estimates say that 78% of victims
are in labor slavery, 55% are women and girls and 26% are
children under 18 years of age.
• According to the United Nations International Migration
Report 2013, there are 232 million estimated international
• According to the UN-ILO 2014, human traffickers earn US$ 150
migrants in the world, accounting for 3.2% of the world’s
billion annually.
population and 48% are women. Roughly, migrants
accounted for at least one in every five (5) people in 52
countries or areas.
• In the 2015 Trafficking in Persons Report, Philippines is classified
as a Tier 2 country by the U.S. Department of State in terms of
efforts to combat human trafficking. The Report further states that
• As of December 2013, there are 10.48 million estimated
many victims experience physical and sexual abuse, threats,
Filipinos who lived and worked overseas. Of this number,
inhumane living conditions, non-payment of salaries and
48% are permanent migrants, 41% are temporary migrants
withholding of travel and identity documents.
and 11% are irregular migrants.

• The Philippines is identified as a source, transit, and destination

• Sex trafficking is the recruitment, harboring, transportation,
country for men, women, and children trafficked for the purposes
provision, or obtaining of a person for the purpose of
of sexual exploitation and forced labor.
commercial sex induced by force, fraud or coercion.

• As of December 2015, the Philippines has convicted 246

• Labor trafficking is the recruitment, harboring, provision, or
trafficking offenders from 223 human trafficking cases.
obtaining of a person for labor or services, through the use of
force, fraud, or coercion, or for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery.
• From March 2011 to November 2015, the 1343 Actionline against
Human Trafficking has received 26,030 calls. Out of these calls,
416 actual case reports involving 400 victims were gathered.
• The Global Slavery Index 2014 estimates that 35.8 million
Majority of these calls for assistance were from the Philippines,
people are in modern slavery globally and 61 % are in five (5)
Kingdom of Saudi Arabia and Malaysia. The case calls made to
countries: India, China, Pakistan, Uzbekistan, and Russia.
Actionline have been instrumental in the rescue of 76 and
repatriation of 28 victims.