RA 10364 “Expanded Anti-Trafficking in Persons Act of 2012”
Trafficking of Persons
This definition has three elements: Acts, Means, Purpose
ACTS
recruitment, transportation, transfer or harbouring, or receipt of persons with or without
the victim’s consent or knowledge within or across national borders
recruitment, hiring, offering, transferring, harboring or receiving any person for the
purpose of prostitution, pornography, sexual exploitation, under the pretext of domestic
or overseas employment or apprenticeship;
undertaking or organizing tours and travel plans consisting of tourism packages or
activities for the purpose of utilizing and offering persons for prostitution, pornography
or sexual exploitation;
maintaining or hiring a person to engage in prostitution or pornography;
adopting persons by any form of consideration for exploitative purposes; and
recruitment, hiring, adopting, transporting, obtaining, harboring, offering, receiving or
abducting 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.
Any person found guilty of acts of TIP shall be penalized with imprisonment of 20 years
and a fine of not less than 1 million but not more than 2 million pesos.
ACTS THAT PROMOTE – includes all acts that encourages or facilitates such as:
knowingly using or allowing the use of any house or establishment for promoting TIP
facilitating the use of tampered or fake documents to evade government regulatory and
pre-departure requirements;
production, publication, broadcast and distribution, including use of ICT for propaganda
materials that promote TIP;
assisting in the conduct of misrepresentation or fraud in securing clearances and
necessary exit documents from government, and facilitating exit/entry of persons
possessing tampered or fraudulent travel documents for promoting TIP;
preventing a trafficked person from seeking redress from appropriate agencies by
confiscating or destroying his/her passport, travel or personal documents;
tampering with or destroying of evidence, or influencing or attempting to influence
witnesses in an investigation or prosecution of a TIP case;
destroying, concealing, removing, confiscating or possessing travel and/or working
documents of any person in order to maintain the labor or services of that person; and
using one’s office to impede the investigation, prosecution or execution of lawful orders
in a case.
Any person found guilty of acts that promote TIP shall be penalized with imprisonment
of 15 years and a fine of not less than 500 thousand but not more than 1 million pesos.
Use of Trafficked Persons – any person who buys or engages the services of trafficked
persons for prostitution shall be penalized with imprisonment ranging from six (6) years to
forty (40) years and fine ranging from 50 thousand to 5 million pesos.
In addition to imprisonment and fine, an offender who is a foreigner shall be immediately
deported and permanently barred from entering the country after serving jail terms, while an
offender who is a public official shall be dismissed from service and suffer perpetual absolute
disqualification to hold public office.
MEANS-it is committed by means of threat or use of force, or other forms of coercion,
abduction, fraud, deception, abuse of power or prostitution, taking advantage of the
vulnerability of the person, or giving or receiving of payments or benefits to achieve the
consent of a person having control over another person
PURPOSE-the purpose of exploitation which includes at a minimum, the exploitation or the
prostitution of others or other forms of sexual exploitation, forced labour or services, slavery,
servitude or the removal or sale of organs.
Qualified TIP – the act will be considered as qualified TIP when:
the trafficked person is a child;
there is adoption under RA 8043 (Inter-Country Adoption Act) and said adoption is for
the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
the crime is committed by a syndicate or is large scale;
the offender is a spouse, ascendant, parent, sibling, guardian or a person who exercises
authority over the trafficked person;
the offense is committed by a public official or employee;
the trafficked person is recruited to engage in prostitution with any member of the
military or law enforcement agencies;
the offender is a member of the military or law enforcement agencies;
he trafficked person died, became insane, suffered mutilation or got infected with
HIV/AIDS;
the offender commits one or more acts of TIP over a period of 60 or more days; and
the offender directs or through another manages the trafficking victim the offender
directs or through another manages the trafficking victim
QUALIFIED TRAFFICKING SHALL BE PENALIZED BY LIFE IMPRISONMENT
AND A FINE NOT LESS THAN 2 MILLION BUT NOT MORE THAN 5 MILLION
