Republic of the Philippines

CONGRESS OF THE PHILIPPINES

Metro Manila

Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.

REPUBLIC ACT No. 10364

AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED "AN ACT TO INSTITUTE POLICIES
TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN,
ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION
AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS
AND FOR OTHER PURPOSES"

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

Section 1. Short Title. This Act shall be known as the "Expanded Anti-Trafficking in Persons Act of
2012.

Section 2. Section 2 of Republic Act No. 9208 is hereby amended to read as follows:

"SEC. 2. Declaration of Policy. It is hereby declared that the State values the dignity of
every human person and guarantees the respect of individual rights. In pursuit of this policy,
the State shall give highest priority to the enactment of measures and development of
programs that will promote human dignity, protect the people from any threat of violence and
exploitation, eliminate trafficking in persons, and mitigate pressures for involuntary migration
and servitude of persons, not only to support trafficked persons but more importantly, to
ensure their recovery, rehabilitation and reintegration into the mainstream of society.

"It shall be a State policy to recognize the equal rights and inherent human dignity of women
and men as enshrined in the United Nations Universal Declaration on Human Rights, United
Nations Convention on the Elimination of All Forms of Discrimination Against Women, United
Nations Convention on the Rights of the Child, United Nations Convention on the Protection
of Migrant Workers and their Families, United Nations Convention Against Transnational
Organized Crime Including its Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children and all other relevant and universally accepted
human rights instruments and other international conventions to which the Philippines is a
signatory."

Section 3. Section 3 of Republic Act No. 9208 is hereby amended to read as follows:

"SEC. 3. Definition of Terms. As used in this Act:

"(a) Trafficking in Persons refers to the recruitment, obtaining, hiring, providing,

offering, transportation, transfer, maintaining, harboring, or receipt of persons with or
without the victims consent or knowledge, within or across national borders by
means of threat, or use of force, or other forms of coercion, abduction, fraud,
deception, abuse of power or of position, taking advantage of the vulnerability of the
person, or, the giving or receiving of payments or benefits to achieve the consent of a
person having control over another person for the purpose of exploitation which
includes at a minimum, the exploitation or the prostitution of others or other forms of
sexual exploitation, forced labor or services, slavery, servitude or the removal or sale
of organs.

"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 set forth in the preceding
paragraph.
 "(b) Child refers to a person below eighteen (18) years of age or one who is over
eighteen (18) but is unable to fully take care of or protect himself/herself from abuse,
neglect, cruelty, exploitation, or discrimination because of a physical or mental
disability or condition.

"(c) Prostitution refers to any act, transaction, scheme or design involving the use
of a person by another, for sexual intercourse or lascivious conduct in exchange for
money, profit or any other consideration.

"(d) Forced Labor refers to the extraction of work or services from any person by
means of enticement, violence, intimidation or threat, use of, force or coercion,
including deprivation of freedom, abuse of authority or moral ascendancy, debt-
bondage or deception including any work or service extracted from any person under
the menace of penalty.

"(e) Slavery refers to the status or condition of a person over whom any or all of the
powers attaching to the right of ownership are exercised.

"(f) Involuntary Servitude refers to a condition of enforced and compulsory service

induced by means of any scheme, plan or pattern, intended to cause a person to
believe that if he or she did not enter into or continue in such condition, he or she or
another person would suffer serious harm or other forms of abuse or physical
restraint, or threat of abuse or harm, or coercion including depriving access to travel
documents and withholding salaries, or the abuse or threatened abuse of the legal
process.

"(g) Sex Tourism refers to a program organized by travel and tourism-related

establishments and individuals which consists of tourism packages or activities,
utilizing and offering escort and sexual services as enticement for tourists. This
includes sexual services and practices offered during rest and recreation periods for
members of the military.

"(h) Sexual Exploitation refers to participation by a person in prostitution,

pornography or the production of pornography, in exchange for money, profit or any
other consideration or where the participation is caused or facilitated by any means
of intimidation or threat, use of force, or other forms of coercion, abduction, fraud,
deception, debt bondage, abuse of power or of position or of legal process, 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; or in
sexual intercourse or lascivious conduct caused or facilitated by any means as
provided in this Act.

"(i) Debt Bondage refers to the pledging by the debtor of his/her personal services
or labor or those of a person under his/her control as security or payment for a debt,
when the length and nature of services is not clearly defined or when the value of the
services as reasonably assessed is not applied toward the liquidation of the debt.

"(j) Pornography refers to any representation, through publication, exhibition,

cinematography, indecent shows, information technology, or by whatever means, of
a person engaged in real or simulated explicit sexual activities or any representation
of the sexual parts of a person for primarily sexual purposes.

"(k) Council shall mean the Inter-Agency Council Against Trafficking created under
Section 20 of this Act."

Section 4. Section 4 of Republic Act No. 9208 is hereby amended to read as follows:

"SEC. 4. Acts of Trafficking in Persons. It shall be unlawful for any person, natural or
juridical, to commit any of the following acts:

"(a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor, or
receive a person by any means, including those done under the pretext of domestic
or overseas employment or training or apprenticeship, for the purpose of prostitution,
pornography, or sexual exploitation;

"(b) To introduce or match for money, profit, or material, economic or other

consideration, any person or, as provided for under Republic Act No. 6955, any
Filipino woman to a foreign national, for marriage for the purpose of acquiring,
buying, offering, selling or trading him/her to engage in prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

"(c) 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;

"(d) 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;

"(e) To maintain or hire a person to engage in prostitution or pornography;

"(f) 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;

"(g) To adopt or facilitate the adoption of persons for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;

"(h) 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;

"(i) 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;

"(j) To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide or
receive a person by means defined in Section 3 of this Act for purposes of forced
labor, slavery, debt bondage and involuntary servitude, including a scheme, plan, or
pattern intended to cause the person either:

"(1) To believe that if the person did not perform such labor or services, he or
she or another person would suffer serious harm or physical restraint; or

"(2) To abuse or threaten the use of law or the legal processes; and

"(k) 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:

"(1) All forms of slavery or practices similar to slavery, involuntary servitude,

debt bondage and forced labor, including recruitment of children for use in
armed conflict;

"(2) The use, procuring or offering of a child for prostitution, for the production
of pornography, or for pornographic performances;

"(3) The use, procuring or offering of a child for the production and trafficking
of drugs; and
 "(4) The use, procuring or offering of a child for illegal activities or work
which, by its nature or the circumstances in which it is carried out, is likely to
harm their health, safety or morals; and

"(l) To organize or direct other persons to commit the offenses defined as acts of trafficking
under this Act."

Section 5. A new Section 4-A is hereby inserted in Republic Act No. 9208, to read as follows:

"SEC. 4-A. Attempted Trafficking in Persons. 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.

"In cases where the victim is a child, any of the following acts shall also be deemed as
attempted trafficking in persons:

"(a) Facilitating the travel of a child who travels alone to a foreign country or territory
without valid reason therefore and without the required clearance or permit from the
Department of Social Welfare and Development, or a written permit or justification
from the childs 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 the child; and

"(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."

Section 6. A new Section 4-B is hereby inserted in Republic Act No. 9208, to read as follows:

"SEC. 4-B. Accomplice Liability. Whoever knowingly aids, abets, cooperates in the
execution of the offense by previous or simultaneous acts defined in this Act shall be
punished in accordance with the provisions of Section 10(c) of this Act."

Section 7. A new Section 4-C is hereby inserted in Republic Act No. 9208, to read as follows:

"SEC. 4-C. Accessories. Whoever has the knowledge of the commission of the crime, and
without having participated therein, either as principal or as accomplices, take part in its
commission in any of the following manners:

"(a) By profiting themselves or assisting the offender to profit by the effects of the
crime;

"(b) By concealing or destroying the body of the crime or effects or instruments

thereof, in order to prevent its discovery;

"(c) By 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.

"Acts defined in this provision shall be punished in accordance with the provision of Section
10(d) as stated thereto."

Section 8. Section 5 of Republic Act No. 9208 is hereby amended to read as follows:
 "SEC. 5. Acts that Promote Trafficking in Persons. The following acts which promote or
facilitate trafficking in persons, shall be unlawful:

"(a) xxx

"(b) 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;

"(c) xxx

"(d) xxx

"(e) xxx

"(f) xxx

"(g) xxx

"(h) 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;

"(i) To destroy, conceal, remove, confiscate or possess, or attempt to destroy,

conceal, remove, confiscate or possess, any actual or purported passport or other
travel, immigration or working permit or document, or any other actual or purported
government identification, of any person in order to prevent or restrict, or attempt to
prevent or restrict, without lawful authority, the persons liberty to move or travel in
order to maintain the labor or services of that person; or

"(j) To utilize his or her office to impede the investigation, prosecution or execution of
lawful orders in a case under this Act."

Section 9. Section 6 of Republic Act No. 9208 is hereby amended to read as follows:

"SEC. 6. Qualified Trafficking in Persons. Violations of Section 4 of this Act shall be

considered as qualified trafficking:

"x x x

"(d) 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;

"x x x

"(f) When the offender is a member of the military or law enforcement agencies;

"(g) When by reason or on occasion of the act of trafficking in persons, the offended party
dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus
(HIV) or the Acquired Immune Deficiency Syndrome (AIDS);

"(h) 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

"(i) When the offender directs or through another manages the trafficking victim in carrying
out the exploitative purpose of trafficking."

Section 10. Section 7 of Republic Act No. 9208 is hereby amended to read as follows:
 "SEC. 7. Confidentiality. At any stage of the investigation, rescue, prosecution and trial of
an offense under this Act, 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. Towards this end, law enforcement officers, prosecutors
and judges to whom the complaint has been referred may, whenever necessary to ensure a
fair and impartial proceeding, and after considering all circumstances for the best interest of
the parties, order a closed-door investigation, prosecution or 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.

"It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed
materials, announcer or producer in case of television and radio, producer and director of a
film in case of the movie industry, or any person utilizing tri-media facilities or electronic
information technology to cause publicity of the name, personal circumstances, or any
information tending to establish the identity of the trafficked person except when the
trafficked person in a written statement duly notarized knowingly, voluntarily and willingly
waives said confidentiality.

"Law enforcement officers, prosecutors, judges, court personnel, social workers and medical
practitioners shall be trained on the importance of maintaining confidentiality as a means to
protect the right to privacy of victims and to encourage victims to file complaints."

Section 11. Section 8 of Republic Act No. 9208 is hereby amended to read as follows:

"SEC. 8. Initiation and Prosecution of Cases.

"(a) Initiation of Investigation. Law enforcement agencies are mandated to immediately

initiate investigation and counter-trafficking-intelligence gathering upon receipt of statements
or affidavit from victims of trafficking, migrant workers, or their families who are in possession
of knowledge or information about trafficking in persons cases.

"(b) Prosecution of Cases. Any person who has personal knowledge of the commission of
any offense under this Act, such as the trafficked person, the parents, spouse, siblings,
children or legal guardian may file a complaint for trafficking.

"(c) Affidavit of Desistance. Cases involving trafficking in persons should not be dismissed
based on the affidavit of desistance executed by the victims or their parents or legal
guardians. Public and private prosecutors are directed to oppose and manifest objections to
motions for dismissal.

"Any act involving the means provided in this Act or any attempt thereof for the purpose of
securing an Affidavit of Desistance from the complainant shall be punishable under this Act."

Section 12. Section 10 of Republic Act No. 9208 is hereby amended to read as follows:

"SEC. 10. Penalties and Sanctions. The following penalties and sanctions are hereby
established for the offenses enumerated in this Act:

"(a) Any person found guilty of committing any of the acts enumerated in Section 4 shall
suffer the penalty of imprisonment of twenty (20) years and a fine of not less than One million
pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00);

"(b) Any person found guilty of committing any of the acts enumerated in Section 4-A of this
Act shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not less than
Five hundred thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);

"(c) Any person found guilty of Section 4-B of this Act shall suffer the penalty of
imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos
(P500,000.00) but not more than One million pesos (P1,000,000.00);
 "In every case, conviction shall cause and carry the automatic revocation of the license or
registration of the recruitment agency involved in trafficking. The license of a recruitment
agency which trafficked a child shall be automatically revoked.

"(d) Any person found, guilty of committing any of the acts enumerated in Section 5 shall
suffer the penalty of imprisonment of fifteen (15) years and a fine of not less than Five
hundred thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);

"(e) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of
life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more
than Five million pesos (P5,000,000.00);

"(f) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of six
(6) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not
more than One million pesos (P1,000,000.00);

"(g) If the offender is a corporation, partnership, association, club, establishment or any

juridical person, the penalty shall be imposed upon the owner, president, partner, manager,
and/or any responsible officer who participated in the commission of the crime or who shall
have knowingly permitted or failed to prevent its commission;

"(h) The registration with the Securities and Exchange Commission (SEC) and license to
operate of the erring agency, corporation, association, religious group, tour or travel agent,
club or establishment, or any place of entertainment shall be cancelled and revoked
permanently. The owner, president, partner or manager thereof shall not be allowed to
operate similar establishments in a different name;

"(i) If the offender is a foreigner, he or she shall be immediately deported after serving his or
her sentence and be barred permanently from entering the country;

"(j) Any employee or official of government agencies who shall issue or approve the issuance
of travel exit clearances, passports, registration certificates, counseling certificates, marriage
license, and other similar documents to persons, whether juridical or natural, recruitment
agencies, establishments or other individuals or groups, who fail to observe the prescribed
procedures and the requirement as provided for by laws, rules and regulations, shall be held
administratively liable, without prejudice to criminal liability under this Act. The concerned
government official or employee shall, upon conviction, be dismissed from the service and be
barred permanently to hold public office. His or her retirement and other benefits shall
likewise be forfeited; and

"(k) Conviction, by final judgment of the adopter for any offense under this Act shall result in
the immediate rescission of the decree of adoption."

Section 13. Section 11 of Republic Act No. 9208 is hereby amended to read as follows:

"SEC. 11. Use of Trafficked Persons. Any person who buys or engages the services of a
trafficked person for prostitution shall be penalized with the following: Provided, That the
Probation Law (Presidential Decree No. 968) shall not apply:

"(a) Prision Correccional in its maximum period to prision mayor or six (6) years to
twelve (12) years imprisonment and a fine of not less than Fifty thousand pesos
(P50,000.00) but not more than One hundred thousand pesos
(P100,000.00): Provided, however, That the following acts shall be exempted
thereto:

"(1) If an offense under paragraph (a) involves sexual intercourse or lascivious

conduct with a child, the penalty shall be reclusion temporal in its medium period
to reclusion perpetua or seventeen (17) years to forty (40) years imprisonment and a
fine of not less than Five hundred thousand pesos (P500,000.00) but not more than
One million pesos (P1,000,000.00);
 "(2) If an offense under paragraph (a) 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 twelve (12) years of age, instead of the penalty prescribed in the subparagraph
above the penalty shall be a fine of not less than One million pesos (P1,000,000.00)
but not more than Five million pesos (P5,000,000.00) and imprisonment
of reclusionperpetua or forty (40) years imprisonment with no possibility of parole;
except that if a person violating paragraph (a) of this section knows the person that
provided prostitution services is in fact a victim of trafficking, the offender shall not be
likewise penalized under this section but under Section 10 as a person violating
Section 4; and if in committing such an offense, the offender also knows a qualifying
circumstance for trafficking, the offender shall be penalized under Section 10 for
qualified trafficking. If in violating this section the offender also violates Section 4, the
offender shall be penalized under Section 10 and, if applicable, for qualified
trafficking instead of under this section;

"(b) Deportation. If a foreigner commits any offense described by paragraph (1) or

(2) of this section or violates any pertinent provision of this Act as an accomplice or
accessory to, or by attempting any such offense, he or she shall be immediately
deported after serving his or her sentence and be barred permanently from entering
the country; and

"(c) Public Official. If the offender is a public official, he or she shall be dismissed
from service and shall suffer perpetual absolute disqualification to hold public, office,
in addition to any imprisonment or fine received pursuant to any other provision of
this Act."

Section 14. Section 12 of Republic Act No. 9208 is hereby amended to read as follows:

"SEC. 12. Prescriptive Period. Trafficking cases under this Act shall prescribe in ten (10)
years: Provided, however, That trafficking cases committed by a syndicate or in a large scale
as defined under Section 6, or against a child, shall prescribe in twenty (20) years.

"The prescriptive period shall commence to run from the day on which the trafficked person
is delivered or released from the conditions of bondage, or in the case of a child victim, from
the day the child reaches the age of majority, and shall be interrupted by the filing of the
complaint or information and shall commence to run again when the proceedings terminate
without the accused being convicted or acquitted or are unjustifiably stopped for any reason
not imputable to the accused."

Section 15. Section 16 of Republic Act No. 9208 is hereby amended to read as follows:

"SEC. 16. Programs that Address Trafficking in Persons. The government shall establish
and implement preventive, protective and rehabilitative programs for trafficked persons. For
this purpose, the following agencies are hereby mandated to implement the following
programs:

"(a) Department of Foreign Affairs (DFA) shall make available its resources and
facilities overseas for trafficked persons regardless of their manner of entry to the
receiving country, and explore means to further enhance its assistance in eliminating
trafficking activities through closer networking with government agencies in the
country and overseas, particularly in the formulation of policies and implementation
of relevant programs. It shall provide Filipino victims of trafficking overseas with 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 or provided for by the host country. The DFA shall repatriate trafficked
Filipinos with the consent of the victims.

"The DFA shall take necessary measures for the efficient implementation of the
Electronic Passporting System to protect the integrity of Philippine passports, visas
and other travel documents to reduce the incidence of trafficking through the use of
fraudulent identification documents.
"In coordination with the Department of Labor and Employment, it shall provide free
temporary shelters and other services to Filipino victims of trafficking overseas
through the migrant workers and other overseas Filipinos resource centers
established overseas under Republic Act No. 8042, as amended.

"(b) Department of Social Welfare and Development (DSWD) shall implement

rehabilitative and protective programs for trafficked persons. It shall provide
counseling and temporary shelter to trafficked persons and develop a system for
accreditation among NGOs for purposes of establishing centers and programs for
intervention in various levels of the community. It shall establish free temporary
shelters, for the protection and housing of trafficked persons to provide the following
basic services to trafficked persons:

"(1) Temporary housing and food facilities;

"(2) Psychological support and counseling;

"(3) 24-hour call center for crisis calls and technology-based counseling and
referral system;

"(4) Coordination with local law enforcement entities; and

"(5) Coordination with the Department of Justice, among others.

"The DSWD must conduct information campaigns in communities and schools

teaching parents and families that receiving consideration in exchange for adoption is
punishable under the law. Furthermore, information campaigns must be conducted
with the police that they must not induce poor women to give their children up for
adoption in exchange for consideration.

"(c) Department of Labor and Employment (DOLE) shall ensure the strict
implementation and compliance with the rules and guidelines relative to the
employment of persons locally and overseas. It shall likewise monitor, document and
report cases of trafficking in persons involving employers and labor recruiters.

"(d) Department of Justice (DOJ) shall ensure the prosecution of persons accused
of trafficking and designate and train special prosecutors who shall handle and
prosecute cases of trafficking. It shall also establish a mechanism for free legal
assistance for trafficked persons, in coordination with the DSWD, Integrated Bar of
the Philippines (IBP) and other NGOs and volunteer groups.

"(e) Philippine Commission on Women (PCW) shall actively participate and

coordinate in the formulation and monitoring of policies addressing the issue of
trafficking in persons in coordination with relevant government agencies. It shall
likewise advocate for the inclusion of the issue of trafficking in persons in both its
local and international advocacy for womens issues.

"(f) Bureau of Immigration (BI) shall strictly administer and enforce immigration and
alien administration laws. It shall adopt measures for the apprehension of suspected
traffickers both at the place of arrival and departure and shall ensure compliance by
the Filipino fiancs/fiances and spouses of foreign nationals with the guidance and
counseling requirement as provided for in this Act.

"(g) Philippine National Police (PNP) and National Bureau of Investigation (NBI)
shall be the primary law enforcement agencies to undertake surveillance,
investigation and arrest of individuals or persons suspected to be engaged in
trafficking. They shall closely coordinate with each other and with other law
enforcement agencies to secure concerted efforts for effective investigation and
apprehension of suspected traffickers. They shall also establish a system to receive
complaints and calls to assist trafficked persons and conduct rescue operations.

"(h) Philippine Overseas Employment Administration (POEA) and Overseas Workers

and Welfare Administration (OWWA) POEA shall implement Pre-Employment
 Orientation Seminars (PEOS) while Pre-Departure Orientation Seminars (PDOS)
shall be conducted by the OWWA. It shall likewise formulate a system of providing
free legal assistance to trafficked persons, in coordination with the DFA.

"The POEA shall create a blacklist of recruitment agencies, illegal recruiters and
persons facing administrative, civil and criminal complaints for trafficking filed in the
receiving country and/or in the Philippines and those agencies, illegal recruiters and
persons involved in cases of trafficking who have been rescued by the DFA and
DOLE in the receiving country or in the Philippines even if no formal administrative,
civil or criminal complaints have been filed: Provided, That the rescued victims shall
execute an affidavit attesting to the acts violative of the anti-trafficking law. This
blacklist shall be posted in conspicuous places in concerned government agencies
and shall be updated bi-monthly.

"The blacklist shall likewise be posted by the POEA in the shared government
information system, which is mandated to be established under Republic Act No.
8042, as amended.

"The POEA and OWWA shall accredit NGOs and other service providers to conduct
PEOS and PDOS, respectively. The PEOS and PDOS should include the discussion
and distribution of the blacklist.

"The license or registration of a recruitment agency that has been blacklisted may be
suspended by the POEA upon a review of the complaints filed against said agency.

"(i) Department of the Interior and Local Government (DILG) shall institute a
systematic information and prevention campaign in coordination with pertinent
agencies of government as provided for in this Act. It shall provide training programs
to local government units, in coordination with the Council, in ensuring wide
understanding and application of this Act at the local level.

"(j) Commission on Filipinos Overseas shall conduct pre-departure counseling

services for Filipinos in intermarriages. It shall develop a system for accreditation of
NGOs that may be mobilized for purposes of conducting pre-departure counseling
services for Filipinos in intermarriages. As such, it shall ensure that the counselors
contemplated under this Act shall have the minimum qualifications and training of
guidance counselors as provided for by law.

"It shall likewise assist in the conduct of information campaigns against trafficking in
coordination with local government units, the Philippine Information Agency, and
NGOs.

"(k) Local government units (LGUs) shall monitor and document cases of trafficking
in persons in their areas of jurisdiction, effect the cancellation of licenses of
establishments which violate the provisions of this Act and ensure effective
prosecution of such cases. They shall also undertake an information campaign
against trafficking in persons through the establishment of the Migrants Advisory and
Information Network (MAIN) desks in municipalities or provinces in coordination with
the DILG, Philippine Information Agency (PIA), Commission on Filipinos Overseas
(CFO), NGOs and other concerned agencies. They shall encourage and support
community-based initiatives which address the trafficking in persons.

"In implementing this Act, the agencies concerned may seek and enlist the
assistance of NGOs, peoples organizations (POs), civic organizations and other
volunteer groups."

Section 16. A new Section 16-A is hereby inserted into Republic Act No. 9208, to read as follows:

"SEC. 16-A. Anti-Trafficking in Persons Database. An anti-trafficking in persons central

database shall be established by the Inter-Agency Council Against Trafficking created under
Section 20 of this Act. The Council shall submit a report to the President of the Philippines
and to Congress, on or before January 15 of every year, with respect to the preceding years
programs and data on trafficking-related cases.
 "All government agencies tasked under the law to undertake programs and render
assistance to address trafficking in persons shall develop their respective monitoring and
data collection systems, and databases, for purposes of ensuring efficient collection and
storage of data on cases of trafficking in persons handled by their respective offices. Such
data shall be submitted to the Council for integration in a central database system.

"For this purpose, the Council is hereby tasked to ensure the harmonization and
standardization of databases, including minimum data requirements, definitions, reporting
formats, data collection systems, and data verification systems. Such databases shall have,
at the minimum, the following information:

"(a) The number of cases of trafficking in persons, sorted according to status of

cases, including the number of cases being investigated, submitted for prosecution,
dropped, and filed and/or pending before the courts and the number of convictions
and acquittals;

"(b) The profile/information on each case;

"(c) The number of victims of trafficking in persons referred to the agency by

destination countries/areas and by area of origin; and

"(d) Disaggregated data on trafficking victims and the accused/defendants."

Section 17. Section 17 of Republic Act No. 9208 is hereby amended to read as follows:

"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."

Section 18. A new Section 17-A is hereby inserted into Republic Act No. 9208, to read as follows:

"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."

Section 19. A new Section 17-B is hereby inserted into Republic Act No. 9208, to read as follows:

"SEC. 17-B. Irrelevance of Past Sexual Behavior, Opinion Thereof or Reputation of Victims
and of Consent of Victims in Cases of Deception, Coercion and Other Prohibited Means.
The past sexual behavior or the sexual predisposition of a trafficked person shall be
considered inadmissible in evidence for the purpose of proving consent of the victim to
engage in sexual behavior, or to prove the predisposition, sexual or otherwise, of a trafficked
person. Furthermore, the consent of a victim of trafficking to the intended exploitation shall
be irrelevant where any of the means set forth in Section 3(a) of this Act has been used."

Section 20. A new Section 17-C is hereby inserted into Republic Act No. 9208, to read as follows:

"SEC. 17-C. Immunity from Suit, Prohibited Acts and Injunctive Remedies. No action or
suit shall be brought, instituted or maintained in any court or tribunal or before any other
authority against any: (a) law enforcement officer; (b) social worker; or (c) person acting in
compliance with a lawful order from any of the above, for lawful acts done or statements
made during an authorized rescue operation, recovery or rehabilitation/intervention, or an
 investigation or prosecution of an anti-trafficking case: Provided, That such acts shall have
been made in good faith.

"The prosecution of retaliatory suits against victims of trafficking shall be held in abeyance
pending final resolution and decision of criminal complaint for trafficking.

"It shall be prohibited for the DFA, the DOLE, and the POEA officials, law enforcement
officers, prosecutors and judges to urge complainants to abandon their criminal, civil and
administrative complaints for trafficking.

"The remedies of injunction and attachment of properties of the traffickers, illegal recruiters
and persons involved in trafficking may be issued motu proprio by judges."

Section 21. Section 20 of Republic Act No. 9208 is hereby amended to read as follows:

"SEC. 20. Inter-Agency Council Against Trafficking. There is hereby established an Inter-
Agency Council Against Trafficking, to be composed of the Secretary of the Department of
Justice as Chairperson and the Secretary of the Department of Social Welfare and
Development as Co-Chairperson and shall have the following as members:

"(a) Secretary, Department of Foreign Affairs;

"(b) Secretary, Department of Labor and Employment;

"(c) Secretary, Department of the Interior and Local Government;

"(d) Administrator, Philippine Overseas Employment Administration;

"(e) Commissioner, Bureau of Immigration;

"(f) Chief, Philippine National Police;

"(g) Chairperson, Philippine Commission on Women;

"(h) Chairperson, Commission on Filipinos Overseas;

"(i) Executive Director, Philippine Center for Transnational Crimes; and

"(j) Three (3) representatives from NGOs, who shall include one (1) representative
each from among the sectors representing women, overseas Filipinos, and children,
with a proven record of involvement in the prevention and suppression of trafficking
in persons. These representatives shall be nominated by the government agency
representatives of the Council, for appointment by the President for a term of three
(3) years.

"The members of the Council may designate their permanent representatives who shall have
a rank not lower than an assistant secretary or its equivalent to meetings, and shall receive
emoluments as may be determined by the Council in accordance with existing budget and
accounting rules and regulations."

Section 22. Section 22 of Republic Act No. 9208 is hereby amended to read as follows:

"SEC. 22. Secretariat to the Council. The Department of Justice shall establish the
necessary Secretariat for the Council.

"The secretariat shall provide support for the functions and projects of the Council. The
secretariat shall be headed by an executive director, who shall be appointed by the
Secretary of the DOJ upon the recommendation of the Council. The executive director must
have adequate knowledge on, training and experience in the phenomenon of and issues
involved in trafficking in persons and in the field of law, law enforcement, social work,
criminology, or psychology.
 "The executive director shall be under the supervision of the Inter-Agency Council Against
Trafficking through its Chairperson and Co-Chairperson, and shall perform the following
functions:

"(a) Act as secretary of the Council and administrative officer of its secretariat;

"(b) Advise and assist the Chairperson in formulating and implementing the
objectives, policies, plans and programs of the Council, including those involving
mobilization of government offices represented in the Council as well as other
relevant government offices, task forces, and mechanisms;

"(c) Serve as principal assistant to the Chairperson in the overall supervision of

council administrative business;

"(d) Oversee all council operational activities;

"(e) Ensure an effective and efficient performance of council functions and prompt
implementation of council objectives, policies, plans and programs;

"(f) Propose effective allocations of resources for implementing council objectives,

policies, plans and programs;

"(g) Submit periodic reports to the Council on the progress of council objectives,
policies, plans and programs;

"(h) Prepare annual reports of all council activities; and

"(i) Perform other duties as the Council may assign."

Section 23. A new Section 26-A is hereby inserted into Republic Act No. 9208, to read as follows:

"SEC. 26-A. Extra-Territorial Jurisdiction. The State shall exercise jurisdiction over any act
defined and penalized under this Act, even if committed outside the Philippines and whether
or not such act or acts constitute an offense at the place of commission, the crime being a
continuing offense, having been commenced in the Philippines and other elements having
been committed in another country, if the suspect or accused:

"(a) Is a Filipino citizen; or

"(b) Is a permanent resident of the Philippines; or

"(c) Has committed the act against a citizen of the Philippines.

"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."

Section 24. Section 28 of Republic Act No. 9208 is hereby amended, to read as follows:

"SEC. 28. Funding. The amount necessary to implement the provisions of this Act shall be
charged against the current years appropriations of the Inter-Agency Council Against
Trafficking under the budget of the DOJ and the appropriations of the other concerned
departments. Thereafter, such sums as may be necessary for the continued implementation
of this Act shall be included in the annual General Appropriations Act." 1w phi1

Section 25. A new Section 28-A is hereby inserted into Republic Act No. 9208, to read as follows:
 "SEC. 28-A. Additional Funds for the Council. The amount collected from every penalty,
fine or asset derived from any violation of this Act shall be earmarked as additional funds for
the use of the Council. The fund may be augmented by grants, donations and endowment
from various sources, domestic or foreign, for purposes related to their functions, subject to
the existing accepted rules and regulations of the Commission on Audit."

Section 26. Section 32 of Republic Act No. 9208 of the Repealing Clause is hereby amended to
read as follows:

"SEC. 32. Repealing Clause. Article 202 of the Revised Penal Code, as amended, and all
laws, acts, presidential decrees, executive orders, administrative orders, rules and
regulations inconsistent with or contrary to the provisions of this Act are deemed amended,
modified or repealed accordingly: Provided, That this Act shall not in any way amend or
repeal the provisions of Republic Act No. 7610, otherwise known as the Special Protection
of Child Against Child Abuse, Exploitation and Discrimination Act."

Section 27. Section 33 of Republic Act No. 9208 is hereby amended to read as follows:

"SEC. 33. Effectivity. This Act shall take effect fifteen (15) days following its complete
publication in at least two (2) newspapers of general circulation."

Approved,

(Sgd.) JUAN PONCE ENRILE (Sgd.) FELICIANO BELMONTE JR.

President of the Senate Speaker of the House of Representatives

This Act which is a consolidation of House Bill No. 6339 and Senate Bill No. 2625 was finally passed
by the House of Representatives and the Senate on December 4, 2012 and December 5, 2012,
respectively.

(Sgd.) EMMA LIRIO-REYES (Sgd.) MARILYN B. BARUA-YAP

Secretary of Senate Secretary General
House of Representatives

Approved: FEB 06 2013

(Sgd.) BENIGNO S. AQUINO III

President of the Philippines

Anti-Trafficking in Persons Act of 2003

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The Anti-Trafficking in Persons Act of 2003, (Republic Acts of the Philippines) R.A. No. 9208, is a
consolidation of Senate Bill No. 2444 and House Bill No. 4432. It was enacted and passed
by Congress of the Philippines' Senate of the Philippines and House of Representatives of the
Philippines (12th Congress of the Philippines, 20012004) assembled on May 12, 2003 and signed
into law (List of Philippine laws) by President Gloria Macapagal-Arroyo on May 26, 2003. It institutes
policies to eliminate and punish human trafficking, especially women and children, establishing the
necessary institutional mechanisms for the protection and support of trafficked persons. It aims "to
promote human dignity, protect the people from any threat of violence and exploitation, and mitigate
pressures for involuntary migration and servitude of persons, not only to support trafficked persons
but more importantly, to ensure their recovery, rehabilitation and reintegration into the mainstream of
society."[1]
R.A. 9208 made the Philippines one of the few Asian countries in Asia that have enacted an anti-
trafficking legislation. The law establishes an Inter-Agency Council Against Trafficking (IACAT), first
chaired by Raul M. Gonzalez, and composed of government agencies, non-government
organizations and other civic organizations for the effective formulation of a comprehensive and
integrated program to prevent and suppress the trafficking in persons.[2] The Development Action for
Women Network (DAWN), PMRW member organization, and the National Commission on the Role
of Filipino Women and the Coalition Against Trafficking in Women-Asia Pacific (CATW-AP)
supported the successful passage of this law. This penal law was implemented by the issued
"RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO 9208 - Anti-Trafficking Act,"
pursuant to the authority of IACAT under Sec. 29 of R.A. 9208.[3]

Contents

1Background
o 1.1Related Laws
2Statistics
3Prosecution
4Results
o 4.1Trafficking in Persons Report: PHILIPPINES (Tier 2)
o 4.2IACAT-DOJ Raul M. Gonzalez statement
o 4.32008 IACAT report
5Confidentiality of proceedings
6Protection
7Legal gaps, hiatus and amendment of the law
o 7.1Prevention
o 7.2Senate inquiry
o 7.3Batingaw Network
8See also
9References
10External links
Background

"The Anti-Slavery Society Convention, 1840" by Benjamin Haydon (1841).

The elimination of slavery throughout the world was campaigned by early abolitionists, but it was not
the objective of the earliest organized British movements. The Committee for the Abolition of the
Slave Trade, which established the Society for the Abolition of the Slave Trade in Britain in 1787,
campaigned for an end to the Transatlantic slave trade from Western Africa to the New World, which
Britain dominated. Much later, the Anti-Slavery Society became the everyday name of 2
different British organizations.
The first was the 1823 Society for the Mitigation and Gradual Abolition of Slavery Throughout the
British Dominions (Slavery Abolition Act 1833), and the second, the 1839 The British and Foreign
Anti-Slavery Society - which is presently known as Anti-Slavery International.[1]
In America, the United States federal government severely punishes human trafficking both within its
borders and beyond, making it, a federal crime under Title 18 of the United States Code. Section
1584 makes it a crime to force a person to work against his will, whether the compulsion is effected
by use of force, threat of force, threat of legal coercion or by "a climate of fear" (an environment
wherein individuals believe they may be harmed by leaving or refusing to work); Section 1581
similarly makes it illegal to force a person to work through "debt servitude." Human trafficking as it
relates to involuntary servitude and slavery is prohibited by the 13th Amendment. Federal laws on
human trafficking are enforced by the United States Department of Justice Civil Rights Division,
Criminal Section.[2]
Human trafficking or trafficking in persons is a modern and new type of global slavery which deprives
people of their rights and freedom. Southeast Asia is a source, transit and destination for men,
women, and children trafficked internally and internationally for the purposes of sexual exploitation
and forced labor.[4]
The Vatican "Pontifical Council for the Pastoral Care of Migrants and Itinerant People "People on the
Move" (N 96 Suppl., December 2004) reported that: "Poverty, unemployment, underemployment,
landless poor and armed conflict combine to deny many children and their families in rural areas in
the Philippines a secure future. These areas include the Samar-Leyte region, Negros, Bicol, Cebu
Province, and Mindanao, where unscrupulous recruitment agencies operate by using a combination
of deception, false promises and cash incentives to win over the parents or the children directly.
Groups are "subverting" the Internet to traffic women and children, and ease of travel has enabled
pedophiles to move from one country to another. Mostly foreigners are the big investors in the
Philippine sex industry. Child pornography brought in by tourists teach local children about the sex
acts that can be done to the tourists. The children are used to sell souvenirs and trinkets along the
beaches to the tourists, who then invite them to show them child porn videos and give them money
to repeat the acts on them.[5]
Related Laws
Human trafficking and the prostitution of children are significant legal and moral issues in
the Philippines, due to control and power of organized crime syndicates.[6] Enforcement of penal laws
is, however, reported to be inconsistent.[7]
R.A. 9208 is only one of the laws which give protection to workers, children, and women, inter alia.
The Philippines has a long history of legislation aimed at protecting the rights and welfare of
children. The 1974 Labor Code of the Philippines (Presidential Decree No. 442) set the minimum
age of employment at 15 years and prohibited the employment of persons below 18 years of age in
hazardous undertakings. Presidential Decree No. 603 (The Child and Youth Welfare Code) permits
the employment of children aged 16 years and below only if they perform light work, which is not
harmful to their safety, health or normal development, and which is not prejudicial to their studies.
Strict rules and regulations were issued on their rates of pay, hours of work and other conditions of
employment. An employment permit also has to be secured from the Department of Labor and
Employment. The 1992 child protection law, Republic Act No. 7610 (Special Protection of Children
against Abuse, Exploitation and Discrimination Act) provides protection of children against abuse,
commercial sexual exploitation, trafficking, and employment in illicit activities. Republic Act No. 7658
(amending RA 7610) set minimum age of employment to 15 years, and 18 years and above for
hazardous work. Republic Act 7160 (The Local Government Code of 1991) includes provisions for
the proper development and welfare of children at the basic political level, the Barangay. It enjoins
local officials to promote and support activities for the protection and total development of children,
particularly those below seven years of age, and adopt measures to prevent and eradicate drug
abuse, child abuse, and juvenile delinquency. Republic Act No. 9231 (19 December 2003 - An Act
Providing for the Elimination of the WFCL and Affording Stronger Protection for the Working Child) -
amends R.A. No. 7610 by embodying the State policy to provide special protection to children from
all forms of abuse, neglect, cruelty, exploitation and discrimination, and conditions prejudicial to their
development, including child labour and its worst forms. It also provides stiffer penalties for their
commission. It spells out the WFCL, consistent with Convention No. 182; the hours of work of
working children; and ownership, usage and administration of the working childs income. Further, it
ensures working childrens access to education and training, and immediate legal, medical and
psychosocial services.[8]
In September 1995, then President Fidel V. Ramos signed Executive Order No. 275 creating a
special oversight committee for the special protection of children from all forms of neglect, abuse,
cruelty, exploitation, discrimination and other conditions prejudicial to their development.[9]

Statistics
A 1997 ILO report placed the number of child victims of prostitution at 75,000 in the
Philippines,[10] with other estimates (ECPAT) reporting as many as 100,000. Recently, around
300,000 prostitutes were found in a range of entertainment establishments, such as karaoke bars,
dirt poor cabarets, beach resorts, and health clubs. Child prostitution is one the rise, estimated
by ECPAT.org to be about 100,000.[11] The United Nations Children's Fund (UNICEF) reported about
60,000 to 100,000 children in the Philippines involved in prostitution. There was a high incidence
of child prostitution in tourist areas, where undetermined number of children are forced into
exploitative labor operations.[12] According to a report by the Consortium Against Trafficking of
Children and Women for Sexual Exploitation (Catch-Wise), the Philippines is the 4th country with the
most number of prostituted children,[13] and authorities identified increases in pedophilestravelling to
the Philippines.[14]<[15]
The Coalition Against Trafficking in Women - Asia Pacific (CATW-AP) [3],[unreliable source?] quoting from
Kyodo News, estimated that in 1998 there were 400,000 women working in prostitution in the
Philippines.[16][17] The International Labor Organization estimated that in 1993/94 there were nearly
half a million prostitutes in the country.[10] The Commission on Filipinos Overseas (CFO) recorded
959 Philippine human trafficking cases from 1992 to March 2001. The United Nations reported 9
million people enslaved in the global sex trade by powerful syndicates in human trafficking in 1999
(Coalition Against Trafficking in Women Asia Pacific, CATW-AP). The Philippines was the
first Southeast Asian country to legislate this tough statute against trafficking.[18][19]

Prosecution[edit]
R.A. 9208, specifically criminalizes trafficking for the purposes of exploitation. The punished overt
acts include trafficking under the guise of arranged marriage, adoption, sex tourism, prostitution,
pornography, or the recruitment of children into armed conflict. Trafficking of children is made a
qualified offense, and higher penalties of life imprisonment and a fine of 2 million to 5 million pesos
(USD 36,085 to 90,212) are imposed. Use of services of trafficked persons is penalized by 15 years
imprisonment and a fine of 500,000 to 1 million pesos. Additional penalties are provided for
government employees offenders. Sec 10 (c) provides for the maximum penalty for qualified
trafficking under Section 6: life imprisonment and a fine of not less than 2 million pesos
(P2,000,000.00) but not more than 5 million pesos (P5,000,000.00).
As complementary legislation, slavery and forced labor are also punished under Articles 272 and
274, Revised Penal Code of the Philippines, and Republic Act No. 7610, the "Special Protection of
Children Against Child Abuse, Exploitation and Discrimination Act." This law protects children under
18 years from all forms of abuse, cruelty, and exploitation and prohibits child prostitution and child
trafficking.[8]
The US report scored there was only 1 conviction under the 2003 anti-trafficking law during the
reporting period, but the government made some improvement in arresting, prosecuting, and
convicting traffickers. Penalties imposed for trafficking for commercial sexual exploitation are
commensurate with those for rape. A Zamboanga City RTC sentenced a member of a trafficking
syndicate to life imprisonment in March 2007 for having recruited 6 victims and peddled them to a
brothel in Sandakan, Malaysia. The case was the 5th conviction under R.A. 9208 which resulted in a
jail sentence. In 2006, the public prosecutors filed 60 new trafficking cases with the Department of
Justice (Philippines), and more than 107 pending prosecutions of trafficking crime. The government
appointed 17 DOJ anti-trafficking prosecutors, and 72 additional Fiscals in its regional offices.[20]
In Northern Mindanao, however, the report of the Sub-Committee on Human Trafficking (SCHT)
submitted to the Executive Committee of the Regional Law Enforcement Coordinating Council
(RLECC), Region 10 states that lack of access to legal information, aid or protection tops the list of
issues and problems in the implementation of Republic Act No. 9208.[21]

Results
Trafficking in Persons Report: PHILIPPINES (Tier 2)
On June 3, 2005, the United States Department of State- Office to Monitor and Combat Trafficking in
Persons released its 2005 Trafficking in Persons Report which put the Philippines in Tier 2 Watch
List Category. Countries included under the said category are those whose governments do not fully
comply with the standards of the US Victims of Trafficking and Violence Protection Act of 2000, but
are making significant efforts to bring themselves into compliance with those standards.[20] The US
report, said that:
"The Philippines is a source, transit, and destination country for men, women, and children trafficked
for the purposes of sexual exploitation and forced labor. A significant number of Filipino men and
women who migrate abroad for work are subjected to conditions of involuntary servitude in Saudi
Arabia, Kuwait, the United Arab Emirates, Qatar, Bahrain, Malaysia, Hong
Kong, Singapore, Japan, South Africa, North America, and Europe. Women and children are also
trafficked within the Philippines, primarily from rural areas, such as the Visayas and Mindanao, to
urban areas for forced labor as domestic workers, and factory workers, and in the drug trade, and for
sexual exploitation. A smaller number of women are occasionally trafficked from the People's
Republic of China (P.R.C.), South Korea, Japan, and Russia to the Philippines for sexual
exploitation. The Government of the Philippines failed to fully comply with the minimum standards for
the elimination of trafficking, but made significant efforts."
IACAT-DOJ Raul M. Gonzalez statement
On 6 June 2005 Department of Justice (Philippines) Secretary Raul M. Gonzalez issued the
government's official statement on R.A. 9208 vis-a-vis the U.S. State Department Report. Gonzales
reported that:
The Philippine government instituted measures to implement Republic Act No. 9208, to wit: 1.
Creation/Expansion of the Task Force on Trafficking in Persons in the Department composed of 14
prosecutors (not only 4 as indicated in the report) tasked to prosecute violations of RA 9208; 2.
Issuance of a directive to all prosecutors nationwide through Department Circular No. 18 dated April
12, 2005, directing all Regional Prosecutors, Provincial and City Prosecutors and Their Assistants,
State Prosecutors and Prosecution Attorneys to: 1) give preferential attention to trafficking cases and
resolve such cases within the periods prescribed under the revised Rules on Criminal Procedure; 2)
not to dismiss trafficking cases on the mere account of an Affidavit of Desistance executed by the
victim/s or their parent or legal guardians; and 3) vigorously oppose and/or manifest strong objection
to motions for dismissal despite the desistance of the victim/s or their parents or legal guardians. 3.
Issuance of a directive to the Commissioner of Immigration to put a stop to escort services at the
airport; and 4. Investigation and case build-up of alleged/reported trafficking cases through the Anti-
Human Trafficking Division of the National Bureau of Investigation. The DOJ has received 65
complaints for alleged trafficking in persons violations for the period June 2003-January 2005. Of
these cases, 24 have been filed in court while 31 are pending preliminary investigation. These
complaints involve 98 alleged traffickers/recruiters. Majority of these cases (35) were filed in Manila,
Quezon City, Pasay City and the National Prosecution Offices, while others were filed in Zamboanga
(8), Cebu (4), Davao City (4), Olongapo City (3), Lapu-Lapu City (3), La Union (2), Bacolod City (2),
Kabankalan City (2), and Tagbilaran City (2). The Inter-Agency Committee on Passport Irregularities
reported that 69 persons were convicted for violation of the Passport Law for the period 2000-2004,
while 20 persons were convicted for illegal recruitment activities for the same period.
Law enforcement action was likewise intensified to curb trafficking in persons. The NBI Anti-Human
Trafficking Division (AHTRAD) reported that it was able to apprehend and charge 63 persons for
violation of RA 9208 and currently investigating 22 other cases. In a recent case, the NBI-AHTRAD
arrested five Korean nationals who were arrested while in the act of identifying, choosing ad
interviewing would-be brides for Korean nationals from among the thirty-two women rescued. In
another case early this year, thirty-eight (38) women were rescued in Malate who were recruited
from Davao to work in Japan as entertainers. Upon arrival in Manila, they were, however, detained in
a place and were not allowed to go out. They were intimidated and threatened if they try to escape.
Four (4) suspects were arrested while nine (9) others remain at-large. In March this year, in a joint
operation with the NBI, the police arrested seven, including 2 Australians, in Benguet for cyber
pornography. In April this year, the NBI-AHTRAD rescued 34 women and children in two separate
rescue operations in a health club Quezon City and a nightclub in Nueva Ecija. The Presidential
Anti-Illegal Recruitment Task Force (PAIRTF) rescued some women and girls from two Dutch
nationals who engaged women in cyber pornography. The Philippine National Police, for the period
January 2004-to date, was able to rescue 122 victims of trafficking and arrested 42 persons. Sixteen
(16) cases for violation of the Anti-Trafficking in Persons Law and other related laws were filed
against the perpetrators.
From July 2004 to date, the PAIRTF reported that they have served 4,486 complainants for illegal
recruitment and arrested 400 suspects and cases for illegal recruitment were filed against them. Of
the 400, 171 suspects are currently under detention while 229 were released. Seventy five (75)
cases were also filed against suspects who are still at-large. Twenty (20) of those arrested were
foreign nationals: Australian (2); French (1); Japanese (7); Korean (3); Arab (2); Malaysian (1);
Papua New Guinea (2); Singaporean (1); and Swiss (1). The IACAT has adopted the National
Strategic Plan of Action against Trafficking. A six-year plan of action, the Strat Plan shall serve as
the roadmap or blueprint of all actions against trafficking in persons. It covers plans and proposed
initiatives for the prevention of trafficking, the protection and reintegration of trafficked persons and
the investigation and prosecution of traffickers. Other government agencies, non-government
organizations and other partners continuously undertake public information campaigns and capacity
building activities for frontline service providers. We will intensify our campaign against trafficking in
persons and bring the implementation of the anti-trafficking law at the local level, where trafficking
begins and ends."
2008 IACAT report
As of June 30, 2008, the IACAT Chairman reported that it secured the conviction of Ms. Nelia
Ogalesco, bringing the total number of convictions to 11, under Republic Act 9208:[23]
"In these 11 convictions, witnesses were vital to sentencing of the perpetrators. Most of the cases
that remain unsolved or archived usually do not have witnesses to corroborate the evidence
gathered against perpetrators. The international community praised the Philippines for its success in
reducing the number of cases involving human rights violations (including the trafficking of women
and children). In the recently released 2008 Trafficking in Persons Report, by the U.S. Department of
State, the Philippines was removed from the watch list. (The country) was cited for making
significant efforts in eliminating trafficking. However, government, through IACAT, cannot eliminate
human trafficking without funding support. The Justice Department, since IACATs creation 5 years
ago, repeatedly requested the Department of Budget and Management (DBM) for financial aid for
our programs. These have been denied. Weve asked for reconsideration. To date, were still
awaiting the DBM response.... A big part of the little success that IACAT achieved was due to the
funds provided by the different non-government organizations (NGOs). Despite the (financial crimp)
IACAT produced a Manual on Law Enforcement and Prosecution of Trafficking in Persons Cases.
These were provided to prosecutors and other law enforcers to facilitate effective investigation and
prosecution of trafficking... There is still so much to be done. Among these are a massive information
campaign and strengthening of different government agencies involved in (curbing) human
trafficking.

Confidentiality of proceedings
Republic Act No. 9208 (the Anti-Trafficking Law) provides for confidentiality of proceedings at any
stage of the investigation, like similar enacted legislation, to wit: RA No. 9344 (the Juvenile Justice
Law) mandates that all records and proceedings involving children in conflict with the law from initial
contact until final disposition of the case shall be considered privileged and confidential. RA No.
9262 (the Anti-Violence Against Women Law) provides that all records pertaining to cases of
violence against women and their children shall be confidential... and the right to privacy of the victim
shall be respected. RA No. 8369 (the Family Court Act) provides for the confidentiality of all records
of cases and the identity of the parties involved therein unless necessary and with court authority.
Thus, the identity of a child victim of abuse, child witness, CIAC or a CICL shall not be disclosed
whether directly or indirectly. No information that would lead to the identity of the child or any
member of his family shall be published or broadcast. Photographs, images, or video coverages of
the face or any distinguishing feature of a child victim of abuse, child witness, CIAC or a child in
conflict with the law including his or her family members shall not be taken, published, or shown to
the public in any manner. The use of sexualized images of children is considered a violation of the
childs rights. The disclosure of any private or graphic detail of the case, including the medico-legal
findings, in public, is strictly prohibited. It is absolutely prohibited to access, use or in any manner
disseminate a childs case files or records.[1]
Ricardo R. Blancaflor, acting chairman of the Inter-Agency Council Against Trafficking (IACAT),
called for the amendment of the anti-trafficking law due to the increasing number of sexually
trafficked" Filipino women workers, most especially in Singapore. GABRIELA Representative Liza
Maza reported that 400,000 migrants were being trafficked internally and another 800,000 externally.
Blancaflor, however, cited 11 convictions and 3 more cases submitted for decision under the law.
But Blancaflor noted the confidentiality clause, Section 7, R.A. 9208 for possible amendment, it,
being a bar for full disclosure of facts.[24]

Protection
The Philippine government relied heavily on NGOs and international organizations to provide
services to victims. Victims were encouraged to file civil cases against traffickers, and the former are
not penalized for any crimes committed as a direct result of their being trafficked. The implementing
rules and regulations of the 2003 anti-trafficking law outline identification and referral procedures.
The government assisted victims by providing temporary residency status, relief from deportation,
shelter, and access to legal, medical, and psychological services.[3]
The Department of Social Welfare and Development established 42 temporary shelters for victims
and 13 of these were supported by a non-profit charity organization. The government sent 8 social
workers to Philippine diplomatic missions to provide psychosocial counseling to overseas Filipino
workers in distress. The Philippine Ports Authority provided the building and facilities for halfway
houses in Manila, Davao, Batangas, and Sorsogon, managed by an NGO; the Ports Authority,
police, and the Coast Guard referred victims to the halfway houses. In March 2007, the Department
of Labor and Employment opened the first reintegration center where returning overseas Filipino
workers may seek services such as skills training, psycho-social counseling, and business
development assistance.
This law saves and protects many women and children from and against prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage, both domestic and
overseas. R. A. Sec. 4b of 9208 supplements the Anti Mail-order bride law which only prohibits
matching of Filipino women for marriage to foreign nationals on a mail-order bride formula, for this
law punishes "introducing or matching any Filipino woman to a foreign national for marriage for the
purpose of acquiring, buying, offering, selling, or trading her to engage in prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage is also considered
an act of trafficking."
RA 9208 directs the Department of Foreign Affairs (DFA), the Department of Labor and Employment
(DOLE), and the Philippine Overseas Employment Administration (POEA) to establish programs for
Filipinos who are trafficked overseas, to ensure the safety of overseas Filipinos. This law covers
both national and international migration, and requires the Department of Social Welfare and
Development (DSWD), Department of Justice (DOJ), Bureau of Immigration (BI), Philippine National
Police, Department of Interior and Local Government (DILG), NCRFW, and local government units
(LGUs), to establish programs to prevent, protect, and rehabilitate trafficked victims.[25]

Legal gaps, hiatus and amendment of the law

Department of Social Welfare and Development Secretary Esperanza Cabral, Co-Chair of the Inter-
Agency Council Against Trafficking Forum stated on October 19, 2008, that "while Republic Act No.
9208 prohibits the recruitment or abduction of people for the purpose of selling their organs, an IRR
specifically dealing with organ trafficking would 'address the apparent gaps in the law and existing
policies' on the donation of organs by a living non-related donor. The 1991 World Health
Organization Guiding Principles on Human Organ Transplantation will limit the terms of the proposed
Implementing Rules and Regulations."[26][27]
Prevention
In 2007, the government's Interagency Council Against Trafficking established its first Ninoy Aquino
International Airport anti-trafficking task force. In 2006 the Philippine Overseas Employment Agency
(POEA) increased the minimum monthly wage from $ 200 to $ 400 and raised the minimum age
from 18 to 23, and it required prospective domestic workers to get a certificate of competency from
the Technical Education and Skills Development Authority and the Overseas Workers' Welfare
Administration. In 2006, POEA conducted 1,000 pre-employment orientation seminars for more than
60,000 departing overseas Filipino workers. The Task Force Against Illegal Recruitment was created
to develop strategies against illegal recruitment activities.[20]
On September, 2008, an intensified campaign against human trafficking ("massive exploitation of
safe migration") was launched by the Visayan Forum Foundation, Inc. (VFFI), a non-governmental
organization with the support of the United States Ambassador to the Republic of the Philippines,
United States embassy. Kristie A. Kenney said at the launch: "Human trafficking is a global problem.
It is modern-day slavery and victims rarely have a voice." The VFFI provide halfway houses for
trafficking victims, and the Philippine Ports Authority built halfway houses in ports for rescued
victims. But DOJ Inter-Agency Council Against Trafficking said that the campaign against human
trafficking had no budget.[28]
The Recovery Empowerment Networking and Employment for Women Foundation (RENEW),
founded in 2005, has set up a prevention program in partnership with the Department of Social
Policy and Social Work at the University of Oxford (UK) and Systems Plus College Foundation
(Philippines). This prevention program involves identifying female youth who are most at risk of
being trafficked and/or prostituted and inviting them to enter the RENEW programand has been
recognised as a best practice model by the National Women's Summit held in Manila in
2009, Soroptimist International in 2010, and the Coalition Against the Trafficking of Women (CATW)
in 2011.[29]
Senate inquiry
On September 15, 2004, the first hearing was held on escort services. [4] followed by a second
hearing on September 22, 2004, attended by well-known movie personalities [5] and a third hearing,
attended by representatives from KTVs. [6]
Philippines Senator Ramon Bong Revilla, Jr., on July 26, 2006, called for coordination with
the Philippine National Police vis-a-vis the public, the whistle blowersand anti-
prostitution Internet online petitioner initiators, to shed light and solve the alleged prostitution in the
Philippines, sexual slavery or trafficking in human beings dens in Angeles City, Pampanga. Revilla
re-filed Senate Bill No. 12, the "Anti Pornography Bill."[30]
However, Angeles City police Chief Sonny Cunanan denied the allegations, alleging "the Women's
and Children's Concerned Section (WCCS) and other agencies of the Angeles City Government that
are responsible for the regular inspection of different bars and nightclubs have no records about the
existence of a sex slave camp in the city." But he confirmed that "Angeles intelligence policemen, in
coordination with other counterparts, were directed to look into the veracity of the report and file
necessary charges against the operators of the illegal activities if these really exist."[31]
Batingaw Network
On September 15, 2007, the Children and Youth Secretariat of the Anti-Child Pornography Alliance
(ACPA-Pilipinas) launched Batingaw Network to protect and save children from all abuses and
exploitations. It is the biggest coalition against child pornography (cyber-
sex dens; Internet shops with pornographic cubicles). It declared September 28 as the "National Day
of Awareness and Unity against Child Pornography."[32][33]

See also[edit]
Human trafficking in the Philippines
Coalition Against Trafficking in Women
Commercial sexual exploitation of children
Global Alliance Against Traffic in Women
Mongolian Gender Equality Center
Rape In The Philippines
Prostitution of children
Visayan Forum
Anti-Slavery International
American Anti-Slavery Group
American Anti-Slavery Society
Prostitution in the Philippines
Child Prostitution
 Children in jail in Philippines
Department of Social Welfare and Development (Philippines)
Pornography and erotica in the Philippines
Child pornography
ECPAT
OneChild
International Programme on the Elimination of Child Labour
Prostitution of children
Trafficking in human beings
Towards the Elimination of the worst forms of Child Labour
Relevant ILO Conventions and Recommendations

Worst Forms of Child Labour Convention

Worst Forms of Child Labour Recommendation
Commercial sexual exploitation of children

References[edit]
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