Republic of the Philippines

Congress of the Philippines

Metro Manila
Twelfth Congress
Second Regular Session
Begun held in Metro Manila on Monday, the twenty-second
day of July, two thousand two
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Be it enacted by the Senate and the 3ouse of
Representati5es of the Philippines in Congress asse6bled7
Section 8& Title& This #ct shall be 9nown as the :#nti-
Traffic9ing in Persons #ct of ()),:&
Sec& (& 2eclaration of Policy& "t is hereby declared that the
State 5alues the dignity of e5ery hu6an person and
guarantees the respect of indi5idual rights& "n pursuit of this
policy, the State shall gi5e highest priority to the enact6ent
of 6easures and de5elop6ent of progra6s that will pro6ote
hu6an dignity, protect the people fro6 any threat of
5iolence and e;ploitation, eli6inate traffic9ing in persons,
and 6itigate pressures for in5oluntary 6igration and
ser5itude of persons, not only to support traffic9ed persons
but 6ore i6portantly, to ensure their reco5ery,
rehabilitation and reintegration into the 6ainstrea6 of
society&
"t shall be a State policy to recogni<e the e=ual rights and
inherent hu6an dignity of wo6en and 6en as enshrined in
the nited $ations ni5ersal 2eclaration on 3u6an Rights,
nited $ations Con5ention on the Rights of the Child, nited
$ations Con5ention on the Protection of Migrant 1or9ers
and their -a6ilies& nited $ations Con5ention #gainst
Transnational %rgani<ed Cri6e "ncluding its Protocol to
Pre5ent, Suppress and Punish Traffic9ing in Persons,
Especially 1o6en and Children and all other rele5ant and
uni5ersally accepted hu6an rights instru6ents and other
international con5entions to which the Philippines is a
signatory&
Sec& ,& 2efinition of Ter6s& - #s used in this #ct7
>a? Traffic9ing in Persons - refers to the recruit6ent,
transportation, transfer or harboring, or receipt of persons
with or without the 5icti6@s consent or 9nowledge, within or
across national borders by 6eans of threat or use of force,
or other for6s of coercion, abduction, fraud, deception,
abuse of power or of position, ta9ing ad5antage of the
5ulnerability of the person, or, the gi5ing or recei5ing of
pay6ents or benefits to achie5e the consent of a person
ha5ing control o5er another person for the purpose of
e;ploitation which includes at a 6ini6u6, the e;ploitation or
the prostitution of others or other for6s of se;ual
e;ploitation, forced labor or ser5ices, sla5ery, ser5itude or
the re6o5al or sale of organs&
The recruit6ent, transportation, transfer, harboring or
receipt of a child for the purpose of e;ploitation shall also be
considered as :traffic9ing in persons: e5en if it does not
in5ol5e any of the 6eans set forth in the preceding
paragraph&
>b? Child - refers to a person below eighteen >8*? years of
age or one who is o5er eighteen >8*? but is unable to fully
ta9e care of or protect hi6selfAherself fro6 abuse, neglect,
cruelty, e;ploitation, or discri6ination because of a physical
or 6ental disability or condition&
>c? Prostitution - refers to any act, transaction, sche6e or
design in5ol5ing the use of a person by another, for se;ual
intercourse or lasci5ious conduct in e;change for 6oney,
profit or any other consideration&
>d? -orced !abor and Sla5ery - refer to the e;traction of
wor9 or ser5ices fro6 any person by 6eans of entice6ent,
5iolence, inti6idation or threat, use of force or coercion,
including depri5ation of freedo6, abuse of authority or 6oral
ascendancy, debt-bondage or deception&
>e? Se; Touris6 - refers to a progra6 organi<ed by tra5el
and touris6-related establish6ents and indi5iduals which
consists of touris6 pac9ages or acti5ities, utili<ing and
offering escort and se;ual ser5ices as entice6ent for
tourists& This includes se;ual ser5ices and practices offered
during rest and recreation periods for 6e6bers of the
6ilitary&
>f? Se;ual E;ploitation - refers to participation by a person in
prostitution or the production of pornographic 6aterials as a
result of being subBected to a threat, deception, coercion,
abduction, force, abuse of authority, debt bondage, fraud or
through abuse of a 5icti6@s 5ulnerability&
>g? 2ebt Bondage - refers to the pledging by the debtor of
hisAher personal ser5ices or labor or those of a person under
hisAher control as security or pay6ent for a debt, when the
length and nature of ser5ices is not clearly defined or when
the 5alue of the ser5ices as reasonably assessed is not
applied toward the li=uidation of the debt&
>h? Pornography - refers to any representation, through
publication, e;hibition, cine6atography, indecent shows,
infor6ation technology, or by whate5er 6eans, of a person
engaged in real or si6ulated e;plicit se;ual acti5ities or any
representation of the se;ual parts of a person for pri6arily
se;ual purposes&
>i? Council - shall 6ean the "nter-#gency Council #gainst
Traffic9ing created under Sec& () of this #ct&
Sec& C& #cts of Traffic9ing in Persons& - "t shall be unlawful
for any person, natural or Buridical, to co66it any of the
following acts7
>a? To recruit, transport, transferD harbor, pro5ide, or
recei5e a person by any 6eans, including those done under
the prete;t of do6estic or o5erseas e6ploy6ent or training
or apprenticeship, for the purpose of prostitution,
pornography, se;ual e;ploitation, forced labor, sla5ery,
in5oluntary ser5itude or debt bondageD
>b? To introduce or 6atch for 6oney, profit, or 6aterial,
econo6ic or other consideration, any person or, as pro5ided
for under Republic #ct $o& +'EE, any -ilipino wo6an to a
foreign national, for 6arriage for the purpose of ac=uiring,
buying, offering, selling or trading hi6Aher to engage in
prostitution, pornography, se;ual e;ploitation, forced labor,
sla5ery, in5oluntary ser5itude or debt bondageD
>c? To offer or contract 6arriage, real or si6ulated, for the
purpose of ac=uiring, buying, offering, selling, or trading
the6 to engage in prostitution, pornography, se;ual
e;ploitation, forced labor or sla5ery, in5oluntary ser5itude or
debt bondageD
>d? To underta9e or organi<e tours and tra5el plans
consisting of touris6 pac9ages or acti5ities for the purpose
of utili<ing and offering persons for prostitution,
pornography or se;ual e;ploitationD
>e? To 6aintain or hire a person to engage in prostitution or
pornographyD
>f? To adopt or facilitate the adoption of persons for the
purpose of prostitution, pornography, se;ual e;ploitation,
forced labor, sla5ery, in5oluntary ser5itude or debt bondageD
>g? To recruit, hire, adopt, transport or abduct a person, by
6eans of threat or use of force, fraud, deceit, 5iolence,
coercion, or inti6idation for the purpose of re6o5al or sale
of organs of said personD and
>h? To recruit, transport or adopt a child to engage in ar6ed
acti5ities in the Philippines or abroad&
Sec& E& #cts that Pro6ote Traffic9ing in Persons& - The
following acts which pro6ote or facilitate traffic9ing in
persons, shall be unlawful7
>a? To 9nowingly lease or sublease, use or allow to be used
any house, building or establish6ent for the purpose of
pro6oting traffic9ing in personsD
>b? To produce, print and issue or distribute unissued,
ta6pered or fa9e counseling certificates, registration
stic9ers and certificates of any go5ern6ent agency which
issues these certificates and stic9ers as proof of co6pliance
with go5ern6ent regulatory and pre-departure re=uire6ents
for the purpose of pro6oting traffic9ing in personsD
>c? To ad5ertise, publish, print, broadcast or distribute, or
cause the ad5ertise6ent, publication, printing, broadcasting
or distribution by any 6eans, including the use of
infor6ation technology and the internet, of any brochure,
flyer, or any propaganda 6aterial that pro6otes traffic9ing
in personsD
>d? To assist in the conduct of 6isrepresentation or fraud for
purposes of facilitating the ac=uisition of clearances and
necessary e;it docu6ents fro6 go5ern6ent agencies that
are 6andated to pro5ide pre-departure registration and
ser5ices for departing persons for the purpose of pro6oting
traffic9ing in personsD
>e? To facilitate, assist or help in the e;it and entry of
persons fro6Ato the country at international and local
airports, territorial boundaries and seaports who are in
possession of unissued, ta6pered or fraudulent tra5el
docu6ents for the purpose of pro6oting traffic9ing in
personsD
>f? To confiscate, conceal, or destroy the passport, tra5el
docu6ents, or personal docu6ents or belongings of
traffic9ed persons in furtherance of traffic9ing or to pre5ent
the6 fro6 lea5ing the country or see9ing redress fro6 the
go5ern6ent or appropriate agenciesD and
>g? To 9nowingly benefit fro6, financial or otherwise, or
6a9e use of, the labor or ser5ices of a person held to a
condition of in5oluntary ser5itude, forced labor, or sla5ery&
Sec& +& Fualified Traffic9ing in Persons& - The following are
considered as =ualified traffic9ing7
>a? 1hen the traffic9ed person is a childD
>b? 1hen the adoption is effected through Republic #ct $o&
*)C,, otherwise 9nown as the :"nter-Country #doption #ct
of 8''E: and said adoption is for the purpose of prostitution,
pornography, se;ual e;ploitation, forced labor, sla5ery,
in5oluntary ser5itude or debt bondageD
>c? 1hen the cri6e is co66itted by a syndicate, or in large
scale& Traffic9ing is dee6ed co66itted by a syndicate if
carried out by a group of three >,? or 6ore persons
conspiring or confederating with one another& "t is dee6ed
co66itted in large scale if co66itted against three >,? or
6ore persons, indi5idually or as a groupD
>d? 1hen the offender is an ascendant, parent, sibling,
guardian or a person who e;ercises authority o5er the
traffic9ed person or when the offense is co66itted by a
public officer or e6ployeeD
>e? 1hen the traffic9ed person is recruited to engage in
prostitution with any 6e6ber of the 6ilitary or law
enforce6ent agenciesD
>f? 1hen the offender is a 6e6ber of the 6ilitary or law
enforce6ent agenciesD and
>g? 1hen by reason or on occasion of the act of traffic9ing in
persons, the offended party dies, beco6es insane, suffers
6utilation or is afflicted with 3u6an "66unodeficiency 4irus
>3"4? or the #c=uired "66une 2eficiency Syndro6e >#"2S?&
Sec& +& Confidentiality& - #t any stage of the in5estigation,
prosecution and trial of an offense under this #ct, law
enforce6ent officers, prosecutors, Budges, court personnel
and 6edical practitioners, as well as parties to the case,
shall recogni<e the right to pri5acy of the traffic9ed person
and the accused& Towards this end, law enforce6ent
officers, prosecutors and Budges to who6 the co6plaint has
been referred 6ay, whene5er necessary to ensure a fair and
i6partial proceeding, and after considering all circu6stances
for the best interest of the parties, order a closed-door
in5estigation, prosecution or trial& The na6e and personal
circu6stances of the traffic9ed person or of the accused, or
any other infor6ation tending to establish their identities
and such circu6stances or infor6ation shall not be disclosed
to the public&
"n cases when prosecution or trial is conducted behind
closed-doors, it shall be unlawful for any editor, publisher,
and reporter or colu6nist in case of printed 6aterials,
announcer or producer in case of tele5ision and radio,
producer and director of a fil6 in case of the 6o5ie industry,
or any person utili<ing tri-6edia facilities or infor6ation
technology to cause publicity of any case of traffic9ing in
persons&
Sec& *& Prosecution of Cases& - #ny person who has personal
9nowledge of the co66ission of any offense under this #ct,
the traffic9ed person, the parents, spouse, siblings, children
or legal guardian 6ay file a co6plaint for traffic9ing&
Sec& '& 4enue& - # cri6inal action arising fro6 5iolation of
this #ct shall be filed where the offense was co66itted, or
where any of its ele6ents occurred, or where the traffic9ed
person actually resides at the ti6e of the co66ission of the
offense7 Pro5ided, That the court where the cri6inal action
is first filed shall ac=uire Burisdiction to the e;clusion of other
courts&
Sec& 8)& Penalties and Sanctions& - The following penalties
and sanctions are hereby established for the offenses
enu6erated in this #ct7
>a? #ny person found guilty of co66itting any of the acts
enu6erated in Sec& C shall suffer the penalty of
i6prison6ent of twenty >()? years and a fine of not less
than %ne 6illion pesos >P8,))),)))&))? but not 6ore than
Two 6illion pesos >P(,))),)))&))?D
>b? #ny person found guilty of co66itting any of the acts
enu6erated in Sec& E shall suffer the penalty of
i6prison6ent of fifteen >8E? years and a fine of not less
than -i5e hundred thousand pesos >PE)),)))&))? but not
6ore than %ne 6illion pesos >P8,))),)))&))?D
>c? #ny person found guilty of =ualified traffic9ing under
Sec& + shall suffer the penalty of life i6prison6ent and a
fine of not less than Two 6illion pesos >P(,))),)))&))? but
not 6ore than -i5e 6illion pesos >PE,))),)))&))?D
>d? #ny person who 5iolates Sec& G hereof shall suffer the
penalty of i6prison6ent of si; >+? years and a fine of not
less than -i5e hundred thousand pesos >PE)),)))&))? but
not 6ore than %ne 6illion pesos >P8,))),)))&))?D
>e? "f the offender is a corporation, partnership, association,
club, establish6ent or any Buridical person, the penalty shall
be i6posed upon the owner, president, partner, 6anager,
andAor any responsible officer who participated in the
co66ission of the cri6e or who shall ha5e 9nowingly
per6itted or failed to pre5ent its co66issionD
>f? The registration with the Securities and E;change
Co66ission >SEC? and license to operate of the erring
agency, corporation, association, religious group, tour or
tra5el agent, club or establish6ent, or any place of
entertain6ent shall be cancelled and re5o9ed per6anently&
The owner, president, partner or 6anager thereof shall not
be allowed to operate si6ilar establish6ents in a different
na6eD
>g? "f the offender is a foreigner, he shall be i66ediately
deported after ser5ing his sentence and be barred
per6anently fro6 entering the countryD
>h? #ny e6ployee or official of go5ern6ent agencies who
shall issue or appro5e the issuance of tra5el e;it clearances,
passports, registration certificates, counseling certificates,
6arriage license, and other si6ilar docu6ents to persons,
whether Buridical or natural, recruit6ent agencies,
establish6ents or other indi5iduals or groups, who fail to
obser5e the prescribed procedures and the re=uire6ent as
pro5ided for by laws, rules and regulations, shall be held
ad6inistrati5ely liable, without preBudice to cri6inal liability
under this #ct& The concerned go5ern6ent official or
e6ployee shall, upon con5iction, be dis6issed fro6 the
ser5ice and be barred per6anently to hold public office&
3isAher retire6ent and other benefits shall li9ewise be
forfeitedD and
>i? Con5iction by final Budg6ent of the adopter for any
offense under this #ct shall result in the i66ediate
rescission of the decree of adoption&
Sec& 88& se of Traffic9ed Persons& - #ny person who buys
or engages the ser5ices of traffic9ed persons for prostitution
shall be penali<ed as follows7
>a? -irst offense - si; >+? 6onths of co66unity ser5ice as
6ay be deter6ined by the court and a fine of -ifty thousand
pesos >PE),)))&))?D and
>b? Second and subse=uent offenses - i6prison6ent of one
>8? year and a fine of %ne hundred thousand pesos
>P8)),)))&))?&
Sec& 8(& Prescripti5e Period& - Traffic9ing cases under this
#ct shall prescribe in ten >8)? years7 Pro5ided, howe5er,
That traffic9ing cases co66itted by a syndicate or in a large
scale as defined under Sec& + shall prescribe in twenty >()?
years&
The prescripti5e period shall co66ence to run fro6 the day
on which the traffic9ed person is deli5ered or released fro6
the conditions of bondage and shall be interrupted by the
filing of the co6plaint or infor6ation and shall co66ence to
run again when such proceedings ter6inate without the
accused being con5icted or ac=uitted or are unBustifiably
stopped for any reason not i6putable to the accused&
Sec& 8,& E;e6ption fro6 -iling -ees& - 1hen the traffic9ed
person institutes a separate ci5il action for the reco5ery of
ci5il da6ages, heAshe shall be e;e6pt fro6 the pay6ent of
filing fees&
Sec& 8C& Confiscation and -orfeiture of the Proceeds and
"nstru6ents 2eri5ed fro6 Traffic9ing in Persons& - "n
addition to the penalty i6posed for the 5iolation of this #ct,
the court shall order the confiscation and forfeiture, in fa5or
of the go5ern6ent, of all the proceeds and properties
deri5ed fro6 the co66ission of the cri6e, unless they are
the property of a third person not liable for the unlawful actD
Pro5ided, howe5er, That all awards for da6ages shall be
ta9en fro6 the personal and separate properties of the
offenderD Pro5ided, further, That if such properties are
insufficient, the balance shall be ta9en fro6 the confiscated
and forfeited properties&
1hen the proceeds, properties and instru6ents of the
offense ha5e been destroyed, di6inished in 5alue or
otherwise rendered worthless by any act or o6ission,
directly or indirectly, of the offender, or it has been
concealed, re6o5ed, con5erted or transferred to pre5ent the
sa6e fro6 being found or to a5oid forfeiture or confiscation,
the offender shall be ordered to pay the a6ount e=ual to the
5alue of the proceeds, property or instru6ents of the
offense&
Sec& 8E& Trust -und& - #ll fines i6posed under this #ct and
the proceeds and properties forfeited and confiscated
pursuant to Sec& 8C hereof shall accrue to a Trust -und to be
ad6inistered and 6anaged by the Council to be used
e;clusi5ely for progra6s that will pre5ent acts of traffic9ing
and protect, rehabilitate, reintegrate traffic9ed persons into
the 6ainstrea6 of society& Such progra6s shall include, but
not li6ited to, the following7
>a? Pro5ision for 6andatory ser5ices set forth in Sec& (, of
this #ctD
>b? Sponsorship of a national research progra6 on
traffic9ing and establish6ent of a data collection syste6 for
6onitoring and e5aluation purposesD
>c? Pro5ision of necessary technical and 6aterial support
ser5ices to appropriate go5ern6ent agencies and non-
go5ern6ent organi<ations >$/%s?D
>d? Sponsorship of conferences and se6inars to pro5ide
5enue for consensus building a6ongst the public, the
acade6e, go5ern6ent, $/%s and international
organi<ationsD and
>e? Pro6otion of infor6ation and education ca6paign on
traffic9ing&
Sec& 8+& Progra6s that #ddress Traffic9ing in Persons& - The
go5ern6ent shall establish and i6ple6ent pre5enti5e,
protecti5e and rehabilitati5e progra6s for traffic9ed persons&
-or this purpose, the following agencies are hereby
6andated to i6ple6ent the following progra6sD
>a? 2epart6ent of -oreign #ffairs >2-#? - shall 6a9e
a5ailable its resources and facilities o5erseas for traffic9ed
persons regardless of their 6anner of entry to the recei5ing
country, and e;plore 6eans to further enhance its
assistance in eli6inating traffic9ing acti5ities through closer
networ9ing with go5ern6ent agencies in the country and
o5erseas, particularly in the for6ulation of policies and
i6ple6entation of rele5ant progra6s&
The 2-# shall ta9e necessary 6easures for the efficient
i6ple6entation of the Machine Readable Passports to
protect the integrity of Philippine passports, 5isas and other
tra5el docu6ents to reduce the incidence of traffic9ing
through the use of fraudulent identification docu6ents&
"t shall establish and i6ple6ent a pre-6arriage, on-site and
pre-departure counseling progra6 on inter6arriages&
>b? 2epart6ent of Social 1elfare and 2e5elop6ent >2S12?
- shall i6ple6ent rehabilitati5e and protecti5e progra6s for
traffic9ed persons& "t shall pro5ide counseling and te6porary
shelter to traffic9ed persons and de5elop a syste6 for
accreditation a6ong $/%s for purposes of establishing
centers and progra6s for inter5ention in 5arious le5els of
the co66unity&
>c? 2epart6ent of !abor and E6ploy6ent >2%!E? - shall
ensure the strict i6ple6entation and co6pliance with the
rules and guidelines relati5e to the e6ploy6ent of persons
locally and o5erseas& "t shall li9ewise 6onitor, docu6ent and
report cases of traffic9ing in persons in5ol5ing e6ployers
and labor recruiters&
>d? 2epart6ent of Justice >2%J? - shall ensure the
prosecution of persons accused of traffic9ing and designate
and train special prosecutors who shall handle and prosecute
cases of traffic9ing& "t shall also establish a 6echanis6 for
free legal assistance for traffic9ed persons, in coordination
with the 2S12, "ntegrated Bar of the Philippines >"BP? and
other $/%s and 5olunteer groups&
>e? $ational Co66ission on the Role of -ilipino 1o6en
>$CR-1? - shall acti5ely participate and coordinate in the
for6ulation and 6onitoring of policies addressing the issue
of traffic9ing in persons in coordination with rele5ant
go5ern6ent agencies& "t shall li9ewise ad5ocate for the
inclusion of the issue of traffic9ing in persons in both its local
and international ad5ocacy for wo6en@s issues&
>f? Bureau of "66igration >B"? - shall strictly ad6inister and
enforce i66igration and alien ad6inistration laws& "t shall
adopt 6easures for the apprehension of suspected
traffic9ers both at the place of arri5al and departure and
shall ensure co6pliance by the -ilipino fiancHsAfiancHes and
spouses of foreign nationals with the guidance and
counseling re=uire6ent as pro5ided for in this #ct&
>g? Philippine $ational Police >P$P? - shall be the pri6ary
law enforce6ent agency to underta9e sur5eillance,
in5estigation and arrest of indi5iduals or persons suspected
to be engaged in traffic9ing& "t shall closely coordinate with
5arious law enforce6ent agencies to secure concerted
efforts for effecti5e in5estigation and apprehension of
suspected traffic9ers& "t shall also establish a syste6 to
recei5e co6plaints and calls to assist traffic9ed persons and
conduct rescue operations&
>h? Philippine %5erseas E6ploy6ent #d6inistration >P%E#? -
shall i6ple6ent an effecti5e pre-e6ploy6ent orientation
se6inars and pre-departure counseling progra6s to
applicants for o5erseas e6ploy6ent& "t shall li9ewise
for6ulate a syste6 of pro5iding free legal assistance to
traffic9ed persons&
>i? 2epart6ent of the "nterior and !ocal /o5ern6ent >2"!/?
- shall institute a syste6atic infor6ation and pre5ention
ca6paign and li9ewise 6aintain a databan9 for the effecti5e
6onitoring, docu6entation and prosecution of cases on
traffic9ing in persons&
>B? !ocal go5ern6ent units >!/s? - shall 6onitor and
docu6ent cases of traffic9ing in persons in their areas of
Burisdiction, effect the cancellation of licenses of
establish6ents which 5iolate the pro5isions of this #ct and
ensure effecti5e prosecution of such cases& They shall also
underta9e an infor6ation ca6paign against traffic9ing in
persons through the establish6ent of the Migrants #d5isory
and "nfor6ation $etwor9 >M#"$? des9s in 6unicipalities or
pro5inces in coordination with 2"!/, Philippine "nfor6ation
#gency >P"#?, Co66ission on -ilipinos %5erseas >C-%?,
$/%s and other concerned agencies& They shall encourage
and support co66unity based initiati5es which address the
traffic9ing in persons&
"n i6ple6enting this #ct, the agencies concerned 6ay see9
and enlist the assistance of $/%s, people@s organi<ations
>Pos?, ci5ic organi<ations and other 5olunteer groups&
Sec& 8G& !egal Protection to Traffic9ed Persons& - Traffic9ed
persons shall be recogni<ed as 5icti6s of the act or acts of
traffic9ing and as such shall not be penali<ed for cri6es
directly related to the acts of traffic9ing enu6erated in this
#ct or in obedience to the order 6ade by the traffic9er in
relation thereto& "n this regard, the consent of a traffic9ed
person to the intended e;ploitation set forth in this #ct shall
be irrele5ant&
Sec& 8*& Preferential Entitle6ent nder the 1itness
Protection Progra6& - #ny pro5ision of Republic #ct $o& +'*8
to the contrary notwithstanding, any traffic9ed person shall
be entitled to the witness protection progra6 pro5ided
therein&
Sec& 8'& Traffic9ed Persons 1ho are -oreign $ationals& -
SubBect to the guidelines issued by the Council, traffic9ed
persons in the Philippines who are nationals of a foreign
country shall also be entitled to appropriate protection,
assistance and ser5ices a5ailable to traffic9ed persons under
this #ct7 Pro5ided, That they shall be per6itted continued
presence in the Philippines for a length of ti6e prescribed by
the Council as necessary to effect the prosecution of
offenders&
Sec& ()& "nter-#gency Council #gainst Traffic9ing& - There is
hereby established an "nter-#gency Council #gainst
Traffic9ing, to be co6posed of the Secretary of the
2epart6ent of Justice as Chairperson and the Secretary of
the 2epart6ent of Social 1elfare and 2e5elop6ent as Co-
Chairperson and shall ha5e the following as 6e6bers7
>a? Secretary, 2epart6ent of -oreign #ffairsD
>b? Secretary, 2epart6ent of !abor and E6ploy6entD
>c? #d6inistrator, Philippine %5erseas E6ploy6ent
#d6inistrationD
>d? Co66issioner, Bureau of "66igrationD
>e? 2irector-/eneral, Philippine $ational PoliceD
>f? Chairperson, $ational Co66ission on the Role of -ilipino
1o6enD and
>g? Three >,? representati5es fro6 $/%s, who shall be
co6posed of one >8? representati5e each fro6 a6ong the
sectors representing wo6en, o5erseas -ilipino wor9ers
>%-1s? and children, with a pro5en record of in5ol5e6ent in
the pre5ention and suppression of traffic9ing in persons&
These representati5es shall be no6inated by the
go5ern6ent agency representati5es of the Council, for
appoint6ent by the President for a ter6 of three >,? years&
The 6e6bers of the Council 6ay designate their per6anent
representati5es who shall ha5e a ran9 not lower than an
assistant secretary or its e=ui5alent to 6eetings, and shall
recei5e e6olu6ents as 6ay be deter6ined by the Council in
accordance with e;isting budget and accounting, rules and
regulations&
Sec& (8& -unctions of the Council& - The Council shall ha5e
the following powers and functions7
>a? -or6ulate a co6prehensi5e and integrated progra6 to
pre5ent and suppress the traffic9ing in personsD
>b? Pro6ulgate rules and regulations as 6ay be necessary
for the effecti5e i6ple6entation of this #ctD
>c? Monitor and o5ersee the strict i6ple6entation of this
#ctD
>d? Coordinate the progra6s and proBects of the 5arious
6e6ber agencies to effecti5ely address the issues and
proble6s attendant to traffic9ing in personsD
>e? Coordinate the conduct of 6assi5e infor6ation
disse6ination and ca6paign on the e;istence of the law and
the 5arious issues and proble6s attendant to traffic9ing
through the !/s, concerned agencies, and $/%sD
>f? 2irect other agencies to i66ediately respond to the
proble6s brought to their attention and report to the Council
on action ta9enD
>g? #ssist in filing of cases against indi5iduals, agencies,
institutions or establish6ents that 5iolate the pro5isions of
this #ctD
>h? -or6ulate a progra6 for the reintegration of traffic9ed
persons in cooperation with 2%!E, 2S12, Technical
Education and S9ills 2e5elop6ent #uthority >TES2#?,
Co66ission on 3igher Education >C3E2?, !/s and $/%sD
>i? Secure fro6 any depart6ent, bureau, office, agency, or
instru6entality of the go5ern6ent or fro6 $/%s and other
ci5ic organi<ations such assistance as 6ay be needed to
effecti5ely i6ple6ent this #ctD
>B? Co6ple6ent the shared go5ern6ent infor6ation syste6
for 6igration established under Republic #ct $o& *)C(,
otherwise 9nown as the :Migrant 1or9ers and %5erseas
-ilipinos #ct of 8''E: with data on cases of traffic9ing in
persons, and ensure that the proper agencies conduct a
continuing research and study on the patterns and sche6e
of traffic9ing in persons which shall for6 the basis for policy
for6ulation and progra6 directionD
>9? 2e5elop the 6echanis6 to ensure the ti6ely,
coordinated, and effecti5e response to cases of traffic9ing in
personsD
>l? Reco66end 6easures to enhance cooperati5e efforts
and 6utual assistance a6ong foreign countries through
bilateral andAor 6ultilateral arrange6ents to pre5ent and
suppress international traffic9ing in personsD
>6? Coordinate with the 2epart6ent of Transportation and
Co66unications >2%TC?, 2epart6ent of Trade and "ndustry
>2T"?, and other $/%s in 6onitoring the pro6otion of
ad5ertise6ent of traffic9ing in the internetD
>n? #dopt 6easures and policies to protect the rights and
needs of traffic9ed persons who are foreign nationals in the
PhilippinesD
>o? "nitiate training progra6s in identifying and pro5iding
the necessary inter5ention or assistance to traffic9ed
personsD and
>p? E;ercise all the powers and perfor6 such other functions
necessary to attain the purposes and obBecti5es of this #ct&
Sec& ((& Secretariat to the Council& - The 2epart6ent of
Justice shall establish the necessary Secretariat for the
Council&
Sec& (,& Mandatory Ser5ices to Traffic9ed Persons& - To
ensure reco5ery, rehabilitation and reintegration into the
6ainstrea6 of society, concerned go5ern6ent agencies shall
6a9e a5ailable the following ser5ices to traffic9ed persons7
>a? E6ergency shelter or appropriate housingD
>b? CounselingD
>c? -ree legal ser5ices which shall include infor6ation about
the 5icti6s@ rights and the procedure for filing co6plaints,
clai6ing co6pensation and such other legal re6edies
a5ailable to the6, in a language understood by the
traffic9ed personD
>d? Medical or psychological ser5icesD
>e? !i5elihood and s9ills trainingD and
>f? Educational assistance to a traffic9ed child&
Sustained super5ision and follow through 6echanis6 that
will trac9 the progress of reco5ery, rehabilitation and
reintegration of the traffic9ed persons shall be adopted and
carried out&
Sec& (C& %ther Ser5ices for Traffic9ed Persons& -
>a? !egal #ssistance& - Traffic9ed persons shall be
considered under the category :%5erseas -ilipino in 2istress:
and 6ay a5ail of the legal assistance created by Republic #ct
$o& *)C(, subBect to the guidelines as pro5ided by law&
>b? %5erseas -ilipino Resource Centers& - The ser5ices
a5ailable to o5erseas -ilipinos as pro5ided for by Republic
#ct $o& *)C( shall also be e;tended to traffic9ed persons
regardless of their i66igration status in the host country&
>c? The Country Tea6 #pproach& - The country tea6
approach under E;ecuti5e %rder $o& GC of 8'',, shall be the
operational sche6e under which Philippine e6bassies
abroad shall pro5ide protection to traffic9ed persons insofar
as the pro6otion of their welfare, dignity and funda6ental
rights are concerned&
Section (E& Repatriation of Traffic9ed Persons& - The 2-#, in
coordination with 2%!E and other appropriate agencies,
shall ha5e the pri6ary responsibility for the repatriation of
traffic9ed persons, regardless of whether they are
docu6ented or undocu6ented&
"f, howe5er, the repatriation of the traffic9ed persons shall
e;pose the 5icti6s to greater ris9s, the 2-# shall 6a9e
representation with the host go5ern6ent for the e;tension
of appropriate residency per6its and protection, as 6ay be
legally per6issible in the host country&
Sec& (+& E;tradition& - The 2%J, in consultation with 2-#,
shall endea5or to include offenses of traffic9ing in persons
a6ong e;traditable offenses&
Sec& (G& Reporting Re=uire6ents& - The Council shall sub6it
to the President of the Philippines and to Congress an annual
report of the policies, progra6s and acti5ities relati5e to the
i6ple6entation of this #ct&
Sec& (*& -unding& - The heads of the depart6ents and
agencies concerned shall i66ediately include in their
progra6s and issue such rules and regulations to i6ple6ent
the pro5isions of this #ct, the funding of which shall be
included in the annual /eneral #ppropriations #ct&
Sec& ('& "6ple6enting Rules and Regulations& - The Council
shall pro6ulgate the necessary i6ple6enting rules and
regulations within si;ty >+)? days fro6 the effecti5ity of this
#ct&
Sec& ,)& $on-restriction of -reedo6 of Speech and of
#ssociation, Religion and the Right to Tra5el& - $othing in
this #ct shall be interpreted as a restriction of the freedo6
of speech and of association, religion and the right to tra5el
for purposes not contrary to law as guaranteed by the
Constitution&
Sec& ,8& Separability Clause& - "f, for any reason, any
section or pro5ision of this #ct is held unconstitutional or
in5alid, the other sections or pro5isions hereof shall not be
affected thereby&
Sec& ,(& Repealing clause& - #ll laws, presidential decrees,
e;ecuti5e orders and rules and regulations, or parts thereof,
inconsistent with the pro5isions of this #ct are hereby
repealed or 6odified accordingly7 Pro5ided, That this #ct
shall not in any way a6end or repeal the pro5ision of
Republic #ct $o& G+8), otherwise 9nown as the :Special
Protection of Children #gainst Child #buse, E;ploitation and
2iscri6ination #ct:&
Sec& ,,& Effecti5ity& - This #ct shall ta9e effect fifteen >8E?
days fro6 the date of its co6plete publication in at least two
>(? newspapers of general circulation&
#ppro5ed7
-R#$.!"$ 2R"!%$
President of the Senate J%SE 2E 4E$EC"# JR&
Spea9er of the 3ouse of Representati5es
This #ct, which is a consolidation of Senate Bill $o& (CCC and
3ouse Bill $o& CC,( was finally passed by the Senate and
the 3ouse of Representati5es on May 8(, ()), respecti5ely&
%SC#R /& 0#BES
Secretary of Senate R%BERT% P& $#I#RE$%
Secretary /eneral
3ouse of Represenati5es
#ppro5ed7 May (+, ()),&
/!%R"# M#C#P#/#!-#RR%0%
President of the Philippines