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This section presents the various related studies and literature on anti trafficking
in persons, R.A. 9028 as amended and its implementation as well as jurisprudence and
reports related to it which will provide a clearer view of the study.
Related Literature
Trafficking in persons is a modern-day form of slavery, a new type of global slave
trade. Perpetrators prey on the most weak among us, primarily women and children, for
profit and gain. They lure victims into involuntary servitude and sexual slavery.
Defeating human trafficking is a great moral calling of our day. - Condoleezza Rice
Trafficking in persons, human trafficking, and modern slavery have been
used as umbrella terms for the act of recruiting, harboring, transporting, providing, or
obtaining a person for compelled labor or commercial sex acts through the use of force,
fraud, or coercion. The Trafficking Victims Protection Act of 2000 (Pub. L. 106-386), as
amended (TVPA), and the Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children, supplementing the United Nations Convention
against Transnational Organized Crime (the Palermo Protocol) describe this compelled
service using a number of different terms, including involuntary servitude, slavery or
practices similar to slavery, debt bondage, and forced labor.
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Human trafficking can include, but does not require, movement. People may be
considered trafficking victims regardless of whether they were born into a state of
servitude, were exploited in their hometown, were transported to the exploitative
situation, previously consented to work for a trafficker, or participated in a crime as a
direct result of being subjected to trafficking. At the heart of this phenomenon is the
traffickers goal of exploiting and enslaving their victims and the myriad coercive and
deceptive practices they use to do so. (Trafficking in Persons Report 2015)
Modern slavery doesnt exist in a vacuum. Its connected to a host of 21st century
challenges, including the persistence of extreme poverty, discrimination against women
and minorities, corruption and other failures of governance, the abuse of social media,
and the power and reach of transnational organized crime. One thing is clear: No nation
can end modern slavery alone. Eliminating this global scourge requires a global solution.
It also cannot be solved by governments alone. The private sector, academic institutions,
civil society, the legal community, and consumers can all help to address the factors that
allow human trafficking to flourish. But governments have a special responsibility to
enforce the rule of law, share information, invest in judicial resources, and espouse
policies that urge respect for the rights and dignity of every human being. Human
trafficking is not a problem to be managed; it is a crime to be stopped. (Kerry, 2015)
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is a trafficking victim and should receive benefits outlined in the Palermo Protocol and
applicable domestic laws.
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or bonded labor, especially women and girls in domestic servitude, are often sexually
exploited as well.
DOMESTIC SERVITUDE
Involuntary domestic servitude is a form of human trafficking found in distinct
circumstanceswork in a private residencethat creates unique vulnerabilities for
victims. It is a crime in which a domestic worker is not free to leave her employment and
is abused and underpaid, if paid at all. Many domestic workers do not receive the basic
benefits and protections commonly extended to other groups of workersthings as
simple as a day off. Moreover, their ability to move freely is often limited, and
employment in private homes increases their vulnerability and isolation. Authorities
cannot inspect homes as easily as formal workplaces, and in many cases do not have the
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spies. Young girls can be forced to marry or have sex with commanders and male
combatants. Both male and female child soldiers are often sexually abused and are at
high risk of contracting sexually transmitted diseases. (Trafficking in Persons Report
2015)
TIER PLACEMENTS
The Department of State places each country in its Report onto one of four tiers,
as mandated by the TVPA. This placement is based more on the extent of government
action to combat trafficking than on the size of the countrys problem. The analyses are
based on the extent of governments efforts to reach compliance with the TVPAs
minimum standards for the elimination of human trafficking, which are generally
consistent with the Palermo Protocol.
Tier rankings reflect an assessment of the following:
enactment of laws prohibiting severe forms of trafficking in persons, as defined
by the TVPA, and provision of criminal punishments for trafficking offenses;
criminal penalties prescribed for human trafficking offenses with a maximum of
at least four years deprivation of liberty, or a more severe penalty;
implementation of human trafficking laws through vigorous prosecution of the
prevalent forms of trafficking in the country and sentencing of offenders;
proactive victim identification measures with systematic procedures to guide
law enforcement and other government-supported front-line responders in the
process of victim identification;
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government funding and partnerships with NGOs to provide victims with access
to primary health care, counseling, and shelter, allowing them to recount their
trafficking experiences to trained social counselors and law enforcement in an
environment of minimal pressure;
victim protection efforts that include access to services and shelter without
detention and with legal alternatives to removal to countries in which victims
would face retribution or hardship;
the extent to which a government ensures victims are provided with legal and
other assistance and that, consistent with domestic law, proceedings are not
prejudicial to victims rights, dignity, or psychological well-being;
the extent to which a government ensures the safe, humane, and to the extent
possiblevoluntary repatriation and reintegration of victims; and
governmental measures to prevent human trafficking, including efforts to curb
practices identified as contributing factors to human trafficking, such as
employers confiscation of foreign workers passports and allowing labor
recruiters to charge prospective migrants excessive fees.
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The governments of countries that do not fully comply with the TVPAs minimum
standards but are making significant efforts to bring themselves into compliance with
those standards.
TIER 2 WATCH LIST
The government of countries that do not fully comply with the TVPAs minimum
standards, but are making significant efforts to bring themselves into compliance with
those standards, and for which:
a) the absolute number of victims of severe forms of trafficking is very significant
or is significantly increasing;
b) there is a failure to provide evidence of increasing efforts to combat severe
forms of trafficking in persons from the previous year, including increased
investigations, prosecution, and convictions of trafficking crimes, increased
assistance to victims, and decreasing evidence of complicity in severe forms of
trafficking by government officials; or
c) the determination that a country is making significant efforts to bring itself into
compliance with minimum standards was based on commitments by the country
to take additional steps over the next year.
TIER 3
The governments of countries that do not fully comply with the TVPAs minimum
standards and are not making significant efforts to do so.
The Trafficking in Persons (TIP) Report is the U.S. Governments principal
diplomatic tool to engage foreign governments on human trafficking.
(http://www.state.gov/j/tip/rls/tiprpt/)
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The Department of State is required by law to submit a Report each year to the
U.S. Congress on foreign governments efforts to eliminate severe forms of trafficking in
persons. It is intended to raise global awareness, to highlight efforts of the international
community, and to encourage foreign governments to take effective actions to counter all
forms of trafficking in persons. (Trafficking in Persons Report 2007
http://www.state.gov/documents/organization/82902.pdf)
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an early age denies them access to education and reinforces the cycle of poverty and
illiteracy that stunts national development.
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2015 marked the 15th anniversary of the adoption of the Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children,
supplementing the United Nations Convention against Transnational Organized Crime
(Palermo Protocol). The impact of the Palermo Protocol has been remarkable, 166
countries have become a party to the Protocol. Many countries have implemented the
3P paradigm of prosecuting traffickers, protecting victims, and preventing the crime
through the passage and implementation of national anti-trafficking laws. Countries
continue to update their legal framework to better address this crime.
Related Studies
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offenses but prosecuted only three trafficking cases under the new anti-trafficking law.
Government sources reported two convictions for trafficking-related offenses under other
laws, resulting in sentences ranging from time served to life in prison. The paltry number
of prosecutions and convictions is a serious shortcoming, and available data on
prosecutions is also incomplete. Corruption and a weak judiciary remain serious
impediments to the effective prosecution of traffickers.
In 2003, the government continued to sponsor adequate protection efforts for
trafficking victims. Under the 2003 anti-trafficking law, the government recognizes
trafficked persons as victims and does not penalize them. The government provides a
range of protective services, including temporary residency status, relief from
deportation, shelter, and access to legal, medical, and counseling services. The
government in 2003 also devoted anti-trafficking resources to protect overseas Filipino
workers. The Philippine Government continued to train law enforcement officials and
consular officials in all of its embassies to deal with trafficking victims.
In 2003, the government reported a decline in illegal recruitment and recruitment
violations due to an intensified information campaign on overseas employment.
Government offices continued to conduct information campaigns on child labor and
sexual exploitation for the hotel and tourism industries. (Trafficking in Persons Report
June 2004 http://www.state.gov/documents/organization/34158.pdf)
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A significant number of Filipino men and women who migrate abroad for work
are subsequently subjected to conditions of involuntary servitude. Men, women, and
children are subjected to conditions of forced labor in factories, at construction sites, on
fishing vessels, on agricultural plantations, and in the shipping industry, as well as in
domestic service and other service sector jobs in Asia and increasingly throughout the
Middle East. A significant number of Filipina women working in domestic service in
foreign countries also face rape, physical violence, and sexual abuse. Skilled Filipino
migrant workers such as engineers and nurses are also subjected to conditions of forced
labor abroad. Filipina women were subjected to sex trafficking in Malaysia, Singapore,
Hong Kong, Republic of Korea, China, Japan, Saudi Arabia, United Arab Emirates,
Qatar, Kuwait, and Syria.
Trafficking of men, women, and children within the country also remains a
significant problem. People are trafficked from rural areas to urban centers including
Manila, Cebu, the city of Angeles, and increasingly cities in Mindanao, as well as within
other urban areas and tourist destinations such as Boracay, Olongapo, Puerta Galera, and
Surigao. Men are subjected to forced labor and debt bondage in agriculture, including on
sugar cane plantations, and in the fishing industry. Women and children were trafficked
within the country for forced labor as domestic workers and small-scale factory workers,
for forced begging, and for exploitation in the commercial sex trade. Hundreds of victims
are subjected to sex trafficking each day in well-known and highly visible business
establishments that cater to Filipinos and foreign tourists demand for commercial sex
acts. Filipino migrant workers, both domestically and abroad, who became trafficking
victims are often subjected to violence, threats, inhumane living conditions, nonpayment
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for overseas workers, and accepted payments or sexual services from establishments
known to traffic women and children.
IACAT operated an anti-trafficking help line; during the year, the line received
over 7,000 calls leading to the identification of 133 trafficking victims. The government
encouraged victims to assist in the investigation and prosecution of their traffickers, but
the serious lack of victim and witness protection programs, exacerbated by a lengthy trial
process and fear of retaliation by traffickers, caused many victims to decline or withdraw
cooperation.
The immigration department continued its intensified efforts to screen for
potential trafficking victims at airports and seaports; this aggressive effort to off-load
suspected victims for interviewsin essence blocking their travel from the Philippines
raised concerns that Filipinos right to travel out of the country might be unduly
restricted. The government provided training, including a module on human trafficking,
to Philippine troops prior to their deployment abroad on international peacekeeping
missions. (Trafficking in Persons Report June 2013
http://www.state.gov/j/tip/rls/tiprpt/countries/2013/215544.htm)
THE PHILIPPINES (TIER 2) 2014
A significant number of the estimated 10 million Filipino men, women, and
children who migrate abroad for skilled and unskilled work are subsequently subjected to
sex trafficking and forced labor, including through debt bondage, in factories, at
construction sites, on fishing vessels, on agricultural plantations, as engineers or nurses,
and in the shipping industry, as well as in domestic work, janitorial service, and other
service sector jobs in Asia, throughout the Middle East, and increasingly in Europe.
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recruiters use student, intern, and exchange program visas to circumvent the Philippine
government and destination countries regulatory frameworks for foreign workers.
Women and children many from impoverished families, typhoon-stricken
communities, and conflict-affected areas in Mindanaoundocumented returnees, and
internally displaced persons are subjected to domestic servitude, forced begging, forced
labor in small factories, and sex trafficking in Manila, Cebu, Angeles, and urbanized
cities in Mindanao. Trafficking also occurs in tourist destinations such as Boracay,
Olongapo, Puerto Galera, and Surigao where there is a high demand for commercial sex
acts. Men are subjected to forced labor and debt bondage in agriculture, fishing, and
maritime industries. Child sex trafficking remains a serious problem, typically aided by
taxi drivers who have knowledge of clandestine locations. Very young Filipino children
are coerced to perform sex acts for live internet broadcast to paying foreigners; this
typically occurs in private residences or internet cafes and is often facilitated by family
members. Public officials, including those in diplomatic missions abroad, law
enforcement agencies, and other government entities, are reported to be complicit in
trafficking or allow traffickers to operate with impunity. Officials proactively identified
victims exploited within the country. However, the government did not make efforts to
provide all trafficking victims access to specialized services; protection for male victims
remained minimal. Authorities convicted only one labor trafficker. The government did
not make significant efforts to reduce the demand for commercial sex acts. Pervasive
corruption undermined government efforts to combat trafficking, and investigations of
potentially complicit officials did not lead to criminal convictions and in some cases even
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REGIONAL AGREEMENTS
The Philippines has been an active participant in regional efforts to combat
trafficking in persons and to promote the rights of migrant workers. As a member State of
the Association of Southeast Asian Nations (ASEAN), the Philippines has adopted the
ASEAN Declaration on Transnational Crime and the Manila Declaration on the
Prevention and Control of Transnational Crime, which aim to strengthen regional
cooperation in combating trafficking in persons and other types of transnational crime. In
addition, in March 2000, the Philippines co-hosted the Asian Regional Initiative against
Trafficking in Persons- Particularly Women and Children (ARIAT).
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sexual exploitation;
Maintaining or hiring a person to engage in prostitution or pornography;
Adopting or facilitating the adoption of persons for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery,
R.A. 10364 or the Expanded Anti-Trafficking in Persons Act of 2012 (See Appendix
C)
More suspected human traffickers will be convicted following the signing into
law of a bill expanding Republic Act 9208. On Feb. 6, 2013 President Aquino signed into
law RA 10364. There is inclusion of measures that would protect law enforcement
officers and social workers from harassment suits for lawful acts done in good faith
during authorized rescue operations, investigation, or prosecution of a case. The
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for prosecution, dropped, and filed and/or pending before the courts and the number of
convictions and acquittals among others.
Fulfilling the laws mandate, IACAT has created human trafficking related
statistics (See Appendix D), which for the purpose of this study will also be analyzed.
Related Cases
Jurisprudence on Anti-Trafficking in Persons
There arent many cases that reached the Supreme Court when it comes to
Trafficking in Persons. The law is relatively new having been enacted only in 2003, and
amended in 2013. As discussed above, before the enactment of R.A. 9028, elements of
trafficking or certain categories of trafficking, such as illegal recruitment or the use of
fraudulent documents, were covered by various pieces of legislation, including Republic
Act No. 7610, Republic Act No. 8042, Republic Act No. 6955, and Republic Act No.
8043.
From its enactment up to the present, the Supreme Court had the occasion to cite
Trafficking in Persons only in three (3) cases. While two cases basically involved AntiTrafficking in Persons Act of 2003, the other one was a case under Republic Act. No.
(R.A.) 8042 or the Migrant Workers and Overseas Filipinos Act of 1995 but the Highest
Court took the opportunity to cite R.A. 9028.
For the purpose of this study, analysis will be made on the following cases: (1)
People v. Lalli, et. al., G.R. No. 195419, (2) People v. Hashim, et. al., G.R. No. 194255,
and (3) People v. Casio, G.R. No. 211465.
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All cases were decided in the light of R.A. 9028, without the amendments as all
were committed prior to the amendments approved only on February 2013. No case was
analyzed under R.A. 10364 .