Republic Act 9208:

An Act to Institute Policies To Eliminate Trafficking in

Persons Especially Women an !"ilren # Establis"ing
t"e $ecessary Institutional %ec"anisms for t"e Protection
an &upport of Trafficke Persons# Pro'iing Penalties
for its (iolations# an for )t"er Purposes
ELECTIVE 02
Dean Leticia Callangan-Aquino
Prepared By:
EMMA!EL "!MI#A CADDALI
Aquinas University College of Law Extension
Republic Act 9208: An Act to Institute Policies To Eliminate Trafficking in Persons Especially
Women and Children , Establishing the Necessary Institutional Mechanisms for the Protection and
upport of Trafficked Persons, Pro!iding Penalties for its "iolations, and for #ther Purposes
Alimanao Hills, Peablanca, Cagayan
Republic Act 9208
Anti*Trafficking in Persons Act of 200+

Purpo$e
:
E%ploitation: including
1. Prostitution
2. Other forms of several exploitations
3. Forced labor or services
4. Slavery
5. Servitude
. !emoval or sale of or"ans
&'en t'e (icti) i$ a c'ild:
!e"ardless of means# any of the acts for any of the purposes constitutes traffic$in" in persons.
*: Mu$t ACT +e al,ay$ acco)pli$'ed t'roug' only o- t'e )ean$ enu)erated -or an
o--en$e to e%i$t.
A: NO# %&ithout the victims consent or $no&led"e' or %&ithin across or national borders.'
*: Doe$ con$ent o- t'e (icti) con$titute a de-en$e.
A: NO# %&ith or &ithout the victims consent or $no&led"e'.
*: Can t'ere +e per$on-tra--ic/ing ,it'in national +oundarie$.
A: YES0 the la& penali(es traffic$in" both &ithin and across national boundaries.
T'e Cri)e o- Tra--ic/ing in Per$on$: Cri)inal Act$
Act$ Mean$ Purpo$e
1. !ecruit
2. )ransport
3. )ransfer
4. *arbor
5. Provide
. !eceive a person
+ny means includin",
a. Pretext of domestic or
overseas employment
b. )rainin" of
apprenticeship
1. Prostitution
2. Porno"raphy
3. Sexual -xploitation
4. Forced .abor
5. Slavery
. /nvoluntary servitude
or debt bonda"e
*: &'en i$ t'ere -orced la+or or $la(ery.
2 | P a g e
-00+12-. 320/!+1 4+55+./

Republic Act 9208: An Act to Institute Policies To Eliminate Trafficking in Persons Especially
Women and Children , Establishing the Necessary Institutional Mechanisms for the Protection and
upport of Trafficked Persons, Pro!iding Penalties for its "iolations, and for #ther Purposes
Act Mean$
-xtraction of &or$ or service 1. -nticement
2. 6iolence
3. /ntimidation or threat
4. 2se of force or coercion
a. 5eprivation of freedom
b. +buse of authority or moral
ascendancy
c. 5ebt bonda"e
d. 5eception
E%a)ple$ o- Cri)inal Act$:
1. !ecruitment of persons for the purposes of prostitutin" them.
2. Pimpin", Providin" prostitutes to %customers' or enticin" %customers' to avail of the
service of the prostitutes.
3. 0aintainin" a %4+S+' or house of prostitution.
4. 0anufacturin" a club# bar# 7oint or den &here prostitution is practiced# or that presents
persons in porno"raphic sho&s.
5. -mployin" actors and actresses &ho appear in porno"raphic sho&s.
. +rran"in" for the transport to another place 8&hether &ithin or across national
boundaries9 of a person for the purpose of sub7ectin" him or her to involuntary servitude
or slavery.
:. !eceivin" the services or benefittin" from the services of a traffic$ed person under
circumstances of involuntary servitude# slavery or debt bonda"e.
;. Providin" another &ith the services of a person under circumstances of involuntary
servitude# slavery or debt bonda"e
<. Providin" another &ith the services of a person or &oman# &ho is sexually exploited or
sexually abused.
+ll practices covered by the definition of traffic$in" such as debt bonda"e# forced labor and
enforced prostitution should also be criminali(ed.
2nder Philippine la&# therefore# the act of recruitin"# for example# by &hatever means 8even if
no deception# fraud or coercion should also be involved9 for purpose of prostitution or slavery
&ould constitute crime of traffic$in" persons.
=ein" a distinct crime# the crime of traffic$in" in persons is distinct form such other
crimes as abduction# rape# acts of lasciviousness# child abuse# etc. that the offender may
concomitantly commit.
+cts covered by the aforementioned articles should be prosecuted# tried and punished
under !+ <2>;.
*arborin" or providin" accommodation to a person &ho happens to be a prostitute is not
an offense. /t is harborin" a person %for purposes of prostitution# etc. that is the offense.
3 | P a g e
-00+12-. 320/!+1 4+55+./

Republic Act 9208: An Act to Institute Policies To Eliminate Trafficking in Persons Especially
Women and Children , Establishing the Necessary Institutional Mechanisms for the Protection and
upport of Trafficked Persons, Pro!iding Penalties for its "iolations, and for #ther Purposes
1ection 20+
2nder this sub?section# the crime is committed &hen the follo&in" elements are present,
i. )he accused introduced or matches
ii. +ny person or Filipina to a forei"n national
iii. For marria"e
iv. @here the marria"e is actually for the purpose of prostitutin" the person# or
sub7ectin" him or her to porno"raphy# sexual exploitation# forced labor# slavery#
involuntary servitude or debt bonda"e.
)&o possible victims contemplated by the la&, %any person' and %any Filipino &oman to
a forei"n national' as provided for in !+ <55# althou"h ori"inally# reference &as only to
%&oman'# at the instance of Senator Fran$lin 5rilon the &ord &as chan"ed to %any person' to be
"ender?sensitive. -ventually the !ep. +n"ara?4astillo in dialo"ue &ith Senator 5rilon conceded
that there &ere t&o sitations comprehended by the subsection that involvin" %any person' and
that involvin" to %any Filipino &oman' under the %mail?order?bride scheme'. !ead in the
con7unction &ith the definition of traffic$in" in persons.
@hen the victim is a male# then the matchma$er is penali(ed for introducin" him or
matchin" him for marria"e obviously to a &oman &hether in a country or abroad &ho sexually
exploits the victim or sub7ect him to forced labor# slavery# involuntary servitude# or debt
bonda"e.
+ person can be char"ed both under !+ <55# Section 2 and !+ <2>;# Section 4b &hile
the former defines and penali(es the offense of mail?order?bride matchin"# the latter la&
penali(es the traffic$in" that results the exploitation of the person.
)he crime is committed &hen t&o circumstances concur,
)he marria"e !-S2.)S /1 the exploitation of the person
)he matchma$er $ne& that it &ould so result

)he matchma$er should have $no&n that the match &ould result in exploitation.
1ection 20c
Act$ Purpo$e
1. Offerin" marria"e
2. 4ontractin" marria"e real or simulated
1. +cAuirin"
2. =uyin"
3. Offerin"
4. Sellin"
5. )radin" %spouses' to en"a"e in
a. Prostitution
b. Porno"raphy
c. Sexual exploitation
d. Forced labor or slavery
4 | P a g e
-00+12-. 320/!+1 4+55+./

Republic Act 9208: An Act to Institute Policies To Eliminate Trafficking in Persons Especially
Women and Children , Establishing the Necessary Institutional Mechanisms for the Protection and
upport of Trafficked Persons, Pro!iding Penalties for its "iolations, and for #ther Purposes
e. /nvoluntary servitude or debt
bonda"e
/t is the person &ho offers marria"e or contracts marria"e &ith one &ho subseAuently is
made a victim of an act of acAuisition# purchase# offer# sale or trade for purposes of exploitation.
)he matchma$er is punished under the succeedin" sub?section.
)he crime is consummated by mere offer to marry# as lon" as the unla&ful purpose can
be completely established beyond reasonable doubt.
/t is enou"h that it be sho&n beyond reasonable doubt that the marria"e or offer to marry
&as the purpose of exploitation.
-xamples of criminal acts,
Offerin" a person marria"e# either in the Philippines or abroad# and subseAuently forcin"
her to prostitution or porno"raphy once she commences married life or coverture &ith
the offeror.
4ontractin" marria"e &ith one &ho is then sub7ected to conditions of slavery by the in?
la&s of the offender. For the conviction in this case to follo&# the marria"e must have
been in vie& of the servitude or enslavement of the person the offender marries.
1ection 20d
)he accused underta$es or or"ani(es tours or travel plans.
)hat include the offer and use of persons for prostitution# porno"raphy# or sexual
exploitation.
/t is only &hen the tour or travel plan is principally for or at least includes activities that
sexually exploits that the or"ani(er or tour provides is criminally liable.
One cannot hold a tour or"ani(er or provider responsible for &hat tourist do &ith their o&n
free time.
)he %escorts' must be# as a matter of employment or hirin" policy# be prepared to render
sexual services. )here can be nothin" criminal about providin" escort services that are strictly
limited to escortin" company. Should the latter situation be the case# then any sexual activity
bet&een the tourist and the escort does not "ive rise to prosecution of the provider of escort
services under this sub?section.
1ection 30e
)he 4riminal +ct,
T'e Cri)inal Act$ Purpo$e
1. 0aintainin" or
2. *irin"
)o en"a"e in prostitution
5 | P a g e
-00+12-. 320/!+1 4+55+./

Republic Act 9208: An Act to Institute Policies To Eliminate Trafficking in Persons Especially
Women and Children , Establishing the Necessary Institutional Mechanisms for the Protection and
upport of Trafficked Persons, Pro!iding Penalties for its "iolations, and for #ther Purposes
Punished under this sub?section are,
1. O&ners and mana"ers of establishments &here prostitution ta$es placeB
2. 0ama Sans or mana"ers of prostitutionsB
3. O&ners or mana"ers of %escort services' &hose escorts are available for sexual
services.
4. +ny person &ho receives %orders' for prostitutesC services and then ma$es the
prostitutes available to %service' the customer or client.
1ection 30-
Act Cri)inal Purpo$e
+dopt or facilitate the adoption of persons 1. Prostitution
2. Porno"raphy
3. Sexual exploitation
4. Forced labor
5. Slavery
. /nvoluntary servitude
:. 5ebt bonda"e
+mon" those indictable under this sub?section are,
1. +dopters
2. +"ents and representatives or adopters
3. /nstitutions involved in the adoption process 8e.". foster homes# hospices# asylums9.
4. 3overnment a"ent
+n adult can be the victim of traffic$in" under this sub?section as can a minor.
@hen adopters purchase a child# the dealers as &ell as the purchasin" adopters are
liable under provisions of !+ :1> that penali(es any person &ho shall en"a"e in the tradin"
and dealin" &ith children includin" but limited to the act of buyin" and sellin" of a child for
money or# for any consideration or barter.
Tra--ic/er$ puni$'ed +y #A 4560 include:
1. Pre"nant mother &ho executes on affidavit of consent for adoption for a considerationB
2. +ny person# a"ency# or establishment of child?carin" institution that recruits &omen or
couples to bear children for purpose of child?traffic$in".
3. )he healthcare &or$er or local civil re"istrar &ho simulates birth for purpose of child?
traffic$in"# e.". deliberately misrepresentin" parenta"e.
4. +nyone &ho en"a"es in the act of findin" children amon" lo&?income families# hospitals#
clinics# nurseries# day?care centers# or other child?carin" institutions from &hich to
obtained traffic$ed children.
!+ <2>; punishes adoptin" for purpose of exploitin" the adopted person.
6 | P a g e
-00+12-. 320/!+1 4+55+./

Republic Act 9208: An Act to Institute Policies To Eliminate Trafficking in Persons Especially
Women and Children , Establishing the Necessary Institutional Mechanisms for the Protection and
upport of Trafficked Persons, Pro!iding Penalties for its "iolations, and for #ther Purposes
4onviction of an +dopter &ho has exploited or participated in the exploitation of the
adopted results in the immediate rescission of the decree of adoption# the la& itself provides for
the resultin" rescission of the decree of adoption.
1ection 20g
Act$ Mean$ Purpo$e
1. *ire
2. +dopt
3. )ransport
4. +bduct
a. )hreat
b. 2se of force
c. Fraud
d. 5eceit
e. 6iolence
f. 4oercion
". intimidation
!emoval or Sale of
or"ans
)he voluntary offer to donate or to sell a body or"an is not a crime under this la&.
)he receive doctrine of civil la& places the human body and its part beyond the
commerce of man. )herefore# a contract of sale for any body or"an or part is void and cannot
be enforced. *O@-6-!# &hen consideration or payment is offered a person &ho then submits
to a procedure for the removal of an or"an that is subseAuently transplanted to a recipient and
the promisor rene"es# that there is fraud or deceit that supports the prosecution.
T'e Pro$ecution0 Trial and Di$po$ition o- Per$on Tra--ic/ing Ca$e$:
A7 Pro$ecution
67 &'o )ay -ile t'e cri)inal co)plaint.
+ny person &ho has personal $no&led"e of the commission of the offense
)he traffic$ed person or of the offended party
Parents or le"al "uardians
Spouse
Siblin"s (brothers & sisters of the trafficked person)
4hildren 8Section ;# !+ <2>;B Section 3:# !ules and !e"ulations9
*: Can an in-or)er +e pro$ecuted under t'e $a)e la,.
A: exempt from prosecution of the offense &ith reference to &hich his information and
testimony &ere "iven provided that,
)he information and testimony are necessary for prosecution
Such information and testimony are not yet in the possession of the state
8Section 45# !ules and !e"ulations9
(the informant is freed from libel, slander and oral defamation)
*: &'ere i$ (enue laid.
A: /n either of the,
@here the offense &as committed
@here any of its elements occurred
7 | P a g e
-00+12-. 320/!+1 4+55+./

Republic Act 9208: An Act to Institute Policies To Eliminate Trafficking in Persons Especially
Women and Children , Establishing the Necessary Institutional Mechanisms for the Protection and
upport of Trafficked Persons, Pro!iding Penalties for its "iolations, and for #ther Purposes
@here the traffic$ed person habitually reside at the time of the
commission of the offense 8Section <9.
*: Can t'e (icti) elect to +ring a $eparate ci(il action.
A: YES0 in conformity &ith the !evised !ule of 4riminal Procedure# the traffic$ed person
may elect to brin" a separate civil action for the recovery of dama"es and &hen this is
so the plaintiff is exempt from payin" filin" fees.
*: &'o conduct$ t'e in(e$tigation.
A: +t an International airport or $ea port0 t'e i))igrant o--icer in &hose presence
an act of traffic$in"# or an act relatin" thereto# has been committed or is bein" committed
caused the interception and arrest of the persons involved.
)he D89 Ta$/ :orce +"ainst )raffic$in" causes the filin" of the appropriate case in
court.
/f the person arrested is a forei"ner# it is the Bureau o- In(e$tigation in(e$tigating unit
that conducts a motu propio investi"ation and then endorses the complaint and its
supportin" documents either to the prosecutor or to a 0unicipal )rial 4ourt 7ud"e.
T#IAL
*: Can t'e per$on accu$ed o- tra--ic/ing in per$on a(ail o- Bail.
A: Dualified person traffic$in" is therefore a non-+aila+le offense# as it is penali(ed by
life imprisonment.
*: &'at i$ a con-identiality order.
A: /t is an order issued by la& enforcement officers# prosecutors# and 7ud"es &ith the
effect that the investi"ation# prosecution or trial is conducted +e'ind clo$ed door$ and
the name and personal circumstances of the traffic$ed person or of the accused are
&ithheld from the public as in any other information tendin" to establish the identities of
the principal parties# includin" related circumstances or information.
*: To +ind t'e )edia0 )u$t t'e order +e directed to t'e).
A: )he media is resultantly -or+idden -ro) cau$ing pu+licity of any case of traffic$in"
in persons
*: ;o, are (iolator$ o- t'e order o- con-identiality dealt ,it'.
A: +ny person &ho violates confidentiality order is meted out a penalty of six 89 years
and fine of not less than Php 5>>#>>> but not more than Php 1 million.
*: May t'e accu$ed 'i)$el- or 'er$el- )o(e -or an order o- con-identiality.
A: YES# the accused may do so# because the la& clearly reco"ni(es that the ri"ht to
privacy extends to the accused as &ell. /n arrivin" at a resolution# the 7ud"e must
consider the best interests of all the parties.
8 | P a g e
-00+12-. 320/!+1 4+55+./

Republic Act 9208: An Act to Institute Policies To Eliminate Trafficking in Persons Especially
Women and Children , Establishing the Necessary Institutional Mechanisms for the Protection and
upport of Trafficked Persons, Pro!iding Penalties for its "iolations, and for #ther Purposes
*: May proceed$ and in$tru)ent$ deri(ed -ro) tra--ic/ing +e con-i$cated
pendente lite<pending litigation=.
A: YES0 they may. Section 42#b of the /mplementin" !ules and !e"ulations prohibits the
disposal of any property or income used in or derived from the supposed commission of
the offense durin" the pendency of the criminal action.
*: &'at 'appen$ ,it' $uc' proceed$ and in$tru)ent$ a-ter >udg)ent i$
rendered.
A: /f the 7ud"ment results in an acAuittal# these proceeds and items must be returned
unless# they are by themselves ille"al.
/f the 7ud"ment results in a conviction# these are confiscated and forfeited in favor of the
"overnment. )hey are not a&arded to the victims.
/f they are the property of a third party# then they must be restored to such a third party
provided that the latter is not himself or herself the perpetrator of an unla&ful act.
)he a&ard of dama"es is satisfied by the accused himself from his property# but &hen
the latter should be insufficient to pay the 7ud"ment?creditor# the balance shall be ta$en
from the confiscated or forfeited property.
*: &'at i$ t'e pre$cripti(e period -or t'e o--en$e$ under t'i$ act.
A: 1. .ar"e?scale traffic$in" 8Ecarried out by three or more persons# actin" individually or
as a "roup9 or traffic$in" by a syndicate 8Ethree or more persons conspirin" or
confederatin" &ith one another9, 2> years
2. Other&ise, 1> years
!ec$oned from the day on &hich the traffic$ed person is released from conditions of
bonda"e.
9 | P a g e
-00+12-. 320/!+1 4+55+./

Republic Act 9208: An Act to Institute Policies To Eliminate Trafficking in Persons Especially
Women and Children , Establishing the Necessary Institutional Mechanisms for the Protection and
upport of Trafficked Persons, Pro!iding Penalties for its "iolations, and for #ther Purposes
10 | P a g e
-00+12-. 320/!+1 4+55+./