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– As used in
CONGRESS OF THE PHILIPPINES this Act:
Metro Manila
"(a) Trafficking in Persons – refers to
Fifteenth Congress the recruitment, obtaining, hiring,
Third Regular Session providing, offering, transportation,
transfer, maintaining, harboring, or
Begun and held in Metro Manila, on Monday, the receipt of persons with or without the
twenty-third day of July, two thousand twelve. victim’s consent or knowledge, within
or across national borders by means
REPUBLIC ACT No. 10364 of threat, or use of force, or other
forms of coercion, abduction, fraud,
deception, abuse of power or of
AN ACT EXPANDING REPUBLIC ACT NO. 9208,
position, taking advantage of the
ENTITLED "AN ACT TO INSTITUTE POLICIES TO vulnerability of the person, or, the
ELIMINATE TRAFFICKING IN PERSONS giving or receiving of payments or
ESPECIALLY WOMEN AND CHILDREN, benefits to achieve the consent of a
ESTABLISHING THE NECESSARY
person having control over another
INSTITUTIONAL MECHANISMS FOR THE
person for the purpose of exploitation
PROTECTION AND SUPPORT OF TRAFFICKED
which includes at a minimum, the
PERSONS, PROVIDING PENALTIES FOR ITS exploitation or the prostitution of
VIOLATIONS AND FOR OTHER PURPOSES" others or other forms of sexual
exploitation, forced labor or services,
Be it enacted by the Senate and House of slavery, servitude or the removal or
Representatives of the Philippines in Congress sale of organs.
assembled:
"The recruitment, transportation,
Section 1. Short Title. – This Act shall be known as transfer, harboring, adoption or
the "Expanded Anti-Trafficking in Persons Act of receipt of a child for the purpose of
2012″. exploitation or when the adoption is
induced by any form of consideration
Section 2. Section 2 of Republic Act No. 9208 is for exploitative purposes shall also be
hereby amended to read as follows: considered as ‘trafficking in persons’
even if it does not involve any of the
"SEC. 2. Declaration of Policy. – It is hereby means set forth in the preceding
declared that the State values the dignity of paragraph.
every human person and guarantees the
respect of individual rights. In pursuit of this "(b) Child – refers to a person below
policy, the State shall give highest priority to eighteen (18) years of age or one who
the enactment of measures and development is over eighteen (18) but is unable to
of programs that will promote human fully take care of or protect
dignity, protect the people from any threat of himself/herself from abuse, neglect,
violence and exploitation, eliminate cruelty, exploitation, or
trafficking in persons, and mitigate discrimination because of a physical
pressures for involuntary migration and or mental disability or condition.
servitude of persons, not only to support
trafficked persons but more importantly, to "(c) Prostitution – refers to any act,
ensure their recovery, rehabilitation and transaction, scheme or design
reintegration into the mainstream of society. involving the use of a person by
another, for sexual intercourse or
"It shall be a State policy to recognize the lascivious conduct in exchange for
equal rights and inherent human dignity of money, profit or any other
women and men as enshrined in the United consideration.
Nations Universal Declaration on Human
Rights, United Nations Convention on the "(d) Forced Labor – refers to the
Elimination of All Forms of Discrimination extraction of work or services from
Against Women, United Nations Convention any person by means of enticement,
on the Rights of the Child, United Nations violence, intimidation or threat, use
Convention on the Protection of Migrant of, force or coercion, including
Workers and their Families, United Nations deprivation of freedom, abuse of
Convention Against Transnational authority or moral ascendancy, debt-
Organized Crime Including its Protocol to bondage or deception including any
Prevent, Suppress and Punish Trafficking in work or service extracted from any
Persons, Especially Women and Children person under the menace of penalty.
and all other relevant and universally
accepted human rights instruments and "(e) Slavery – refers to the status or
other international conventions to which the
condition of a person over whom any
Philippines is a signatory." or all of the powers attaching to the
right of ownership are exercised.
Section 3. Section 3 of Republic Act No. 9208 is
hereby amended to read as follows: "(f) Involuntary Servitude – refers to a
condition of enforced and
compulsory service induced by Section 4. Section 4 of Republic Act No. 9208 is
means of any scheme, plan or hereby amended to read as follows:
pattern, intended to cause a person
to believe that if he or she did not "SEC. 4. Acts of Trafficking in Persons. – It
enter into or continue in such shall be unlawful for any person, natural or
condition, he or she or another juridical, to commit any of the following acts:
person would suffer serious harm or
other forms of abuse or physical "(a) To recruit, obtain, hire, provide,
restraint, or threat of abuse or harm, offer, transport, transfer, maintain,
or coercion including depriving harbor, or receive a person by any
access to travel documents and means, including those done under
withholding salaries, or the abuse or the pretext of domestic or overseas
threatened abuse of the legal employment or training or
process. apprenticeship, for the purpose of
prostitution, pornography, or sexual
"(g) Sex Tourism – refers to a program exploitation;
organized by travel and tourism-
related establishments and "(b) To introduce or match for money,
individuals which consists of tourism profit, or material, economic or other
packages or activities, utilizing and consideration, any person or, as
offering escort and sexual services as provided for under Republic Act No.
enticement for tourists. This includes 6955, any Filipino woman to a
sexual services and practices offered foreign national, for marriage for the
during rest and recreation periods for purpose of acquiring, buying,
members of the military. offering, selling or trading him/her to
engage in prostitution, pornography,
"(h) Sexual Exploitation – refers to sexual exploitation, forced labor,
participation by a person in slavery, involuntary servitude or debt
prostitution, pornography or the bondage;
production of pornography, in
exchange for money, profit or any "(c) To offer or contract marriage, real
other consideration or where the or simulated, for the purpose of
participation is caused or facilitated acquiring, buying, offering, selling, or
by any means of intimidation or trading them to engage in
threat, use of force, or other forms of prostitution, pornography, sexual
coercion, abduction, fraud, exploitation, forced labor or slavery,
deception, debt bondage, abuse of involuntary servitude or debt
power or of position or of legal bondage;
process, taking advantage of the
vulnerability of the person, or giving
"(d) To undertake or organize tours
or receiving of payments or benefits
to achieve the consent of a person and travel plans consisting of
having control over another person; tourism packages or activities for the
or in sexual intercourse or lascivious purpose of utilizing and offering
conduct caused or facilitated by any persons for prostitution,
pornography or sexual exploitation;
means as provided in this Act.
"(b) To produce, print and issue or "(g) When by reason or on occasion of the act
distribute unissued, tampered or of trafficking in persons, the offended party
fake counseling certificates, dies, becomes insane, suffers mutilation or
registration stickers, overseas is afflicted with Human Immunodeficiency
employment certificates or other Virus (HIV) or the Acquired Immune
certificates of any government Deficiency Syndrome (AIDS);
agency which issues these
certificates, decals and such other "(h) When the offender commits one or more
markers as proof of compliance with violations of Section 4 over a period of sixty
government regulatory and pre- (60) or more days, whether those days are
departure requirements for the continuous or not; and
purpose of promoting trafficking in
persons; "(i) When the offender directs or through
another manages the trafficking victim in
"(c) xxx carrying out the exploitative purpose of
trafficking."
"(d) xxx
Section 10. Section 7 of Republic Act No. 9208 is
"(e) xxx hereby amended to read as follows:
"SEC. 16. Programs that Address Trafficking "(1) Temporary housing and
in Persons. – The government shall establish food facilities;
and implement preventive, protective and
rehabilitative programs for trafficked "(2) Psychological support
persons. For this purpose, the following and counseling;
agencies are hereby mandated to implement
the following programs: "(3) 24-hour call center for
crisis calls and technology-
"(a) Department of Foreign Affairs based counseling and referral
(DFA) – shall make available its system;
resources and facilities overseas for
trafficked persons regardless of their "(4) Coordination with local
manner of entry to the receiving law enforcement entities; and
country, and explore means to
further enhance its assistance in "(5) Coordination with the
eliminating trafficking activities Department of Justice,
through closer networking with among others.
government agencies in the country
and overseas, particularly in the
"The DSWD must conduct
formulation of policies and
implementation of relevant information campaigns in
programs. It shall provide Filipino communities and schools teaching
victims of trafficking overseas with parents and families that receiving
consideration in exchange for
free legal assistance and counsel to
adoption is punishable under the
pursue legal action against his or her
law. Furthermore, information
traffickers, represent his or her
interests in any criminal campaigns must be conducted with
investigation or prosecution, and the police that they must not induce
assist in the application for social poor women to give their children up
for adoption in exchange for
benefits and/or regular immigration
consideration.
status as may be allowed or provided
for by the host country. The DFA
shall repatriate trafficked Filipinos "(c) Department of Labor and
with the consent of the victims. Employment (DOLE) – shall ensure
the strict implementation and
compliance with the rules and
"The DFA shall take necessary
measures for the efficient guidelines relative to the employment
implementation of the Electronic of persons locally and overseas. It
Passporting System to protect the shall likewise monitor, document
and report cases of trafficking in
integrity of Philippine passports,
persons involving employers and
visas and other travel documents to
labor recruiters.
reduce the incidence of trafficking
through the use of fraudulent
identification documents. "(d) Department of Justice (DOJ) –
shall ensure the prosecution of
persons accused of trafficking and
"In coordination with the Department
of Labor and Employment, it shall designate and train special
provide free temporary shelters and prosecutors who shall handle and
other services to Filipino victims of prosecute cases of trafficking. It shall
also establish a mechanism for free
trafficking overseas through the
legal assistance for trafficked
migrant workers and other overseas
persons, in coordination with the
Filipinos resource centers
established overseas under Republic DSWD, Integrated Bar of the
Act No. 8042, as amended. Philippines (IBP) and other NGOs
and volunteer groups.
"(b) Department of Social Welfare and
Development (DSWD) – shall "(e) Philippine Commission on
implement rehabilitative and Women (PCW) – shall actively
protective programs for trafficked participate and coordinate in the
persons. It shall provide counseling formulation and monitoring of
policies addressing the issue of
and temporary shelter to trafficked
trafficking in persons in coordination
persons and develop a system for
accreditation among NGOs for with relevant government agencies. It
shall likewise advocate for the "The blacklist shall likewise be
inclusion of the issue of trafficking in posted by the POEA in the shared
persons in both its local and government information system,
international advocacy for women’s which is mandated to be established
issues. under Republic Act No. 8042, as
amended.
"(f) Bureau of Immigration (BI) – shall
strictly administer and enforce "The POEA and OWWA shall accredit
immigration and alien NGOs and other service providers to
administration laws. It shall adopt conduct PEOS and PDOS,
measures for the apprehension of respectively. The PEOS and PDOS
suspected traffickers both at the should include the discussion and
place of arrival and departure and distribution of the blacklist.
shall ensure compliance by the
Filipino fiancés/fiancées and "The license or registration of a
spouses of foreign nationals with the recruitment agency that has been
guidance and counseling blacklisted may be suspended by the
requirement as provided for in this POEA upon a review of the
Act. complaints filed against said agency.
"(g) Philippine National Police (PNP) "(i) Department of the Interior and
and National Bureau of Investigation Local Government (DILG) – shall
(NBI) – shall be the primary law institute a systematic information
enforcement agencies to undertake and prevention campaign in
surveillance, investigation and arrest coordination with pertinent agencies
of individuals or persons suspected of government as provided for in this
to be engaged in trafficking. They Act. It shall provide training
shall closely coordinate with each programs to local government units,
other and with other law enforcement in coordination with the Council, in
agencies to secure concerted efforts ensuring wide understanding and
for effective investigation and application of this Act at the local
apprehension of suspected level.
traffickers. They shall also establish
a system to receive complaints and "(j) Commission on Filipinos
calls to assist trafficked persons and Overseas – shall conduct pre-
conduct rescue operations. departure counseling services for
Filipinos in intermarriages. It shall
"(h) Philippine Overseas Employment develop a system for accreditation of
Administration (POEA) and Overseas NGOs that may be mobilized for
Workers and Welfare Administration purposes of conducting pre-
(OWWA) – POEA shall implement departure counseling services for
Pre-Employment Orientation Filipinos in intermarriages. As such,
Seminars (PEOS) while Pre- it shall ensure that the counselors
Departure Orientation Seminars contemplated under this Act shall
(PDOS) shall be conducted by the have the minimum qualifications and
OWWA. It shall likewise formulate a training of guidance counselors as
system of providing free legal provided for by law.
assistance to trafficked persons, in
coordination with the DFA. "It shall likewise assist in the
conduct of information campaigns
"The POEA shall create a blacklist of against trafficking in coordination
recruitment agencies, illegal with local government units, the
recruiters and persons facing Philippine Information Agency, and
administrative, civil and criminal NGOs.
complaints for trafficking filed in the
receiving country and/or in the "(k) Local government units (LGUs) –
Philippines and those agencies, shall monitor and document cases of
illegal recruiters and persons trafficking in persons in their areas
involved in cases of trafficking who of jurisdiction, effect the cancellation
have been rescued by the DFA and of licenses of establishments which
DOLE in the receiving country or in violate the provisions of this Act and
the Philippines even if no formal ensure effective prosecution of such
administrative, civil or criminal cases. They shall also undertake an
complaints have been information campaign against
filed: Provided, That the rescued trafficking in persons through the
victims shall execute an affidavit establishment of the Migrants
attesting to the acts violative of the Advisory and Information Network
anti-trafficking law. This blacklist (MAIN) desks in municipalities or
shall be posted in conspicuous provinces in coordination with the
places in concerned government DILG, Philippine Information Agency
agencies and shall be updated bi- (PIA), Commission on Filipinos
monthly. Overseas (CFO), NGOs and other
concerned agencies. They shall "SEC. 17. Legal Protection to Trafficked
encourage and support community- Persons. – Trafficked persons shall be
based initiatives which address the recognized as victims of the act or acts of
trafficking in persons. trafficking and as such, shall not be
penalized for unlawful acts committed as a
"In implementing this Act, the direct result of, or as an incident or in
agencies concerned may seek and relation to, being trafficked based on the acts
enlist the assistance of NGOs, of trafficking enumerated in this Act or in
people’s organizations (POs), civic obedience to the order made by the trafficker
organizations and other volunteer in relation thereto. In this regard, the
groups." consent of a trafficked person to the
intended exploitation set forth in this Act
Section 16. A new Section 16-A is hereby inserted shall be irrelevant.
into Republic Act No. 9208, to read as follows:
"Victims of trafficking for purposes of
"SEC. 16-A. Anti-Trafficking in Persons prostitution as defined under Section 4 of
Database. – An anti-trafficking in persons this Act are not covered by Article 202 of the
central database shall be established by the Revised Penal Code and as such, shall not
Inter-Agency Council Against Trafficking be prosecuted, fined, or otherwise penalized
created under Section 20 of this Act. The under the said law."
Council shall submit a report to the
President of the Philippines and to Congress, Section 18. A new Section 17-A is hereby inserted
on or before January 15 of every year, with into Republic Act No. 9208, to read as follows:
respect to the preceding year’s programs and
data on trafficking-related cases. "SEC. 17-A. Temporary Custody of Trafficked
Victims. – The rescue of victims should be
"All government agencies tasked under the done as much as possible with the
law to undertake programs and render assistance of the DSWD or an accredited
assistance to address trafficking in persons NGO that services trafficked victims. A law
shall develop their respective monitoring and enforcement officer, on a reasonable
data collection systems, and databases, for suspicion that a person is a victim of any
purposes of ensuring efficient collection and offense defined under this Act including
storage of data on cases of trafficking in attempted trafficking, shall immediately
persons handled by their respective offices. place that person in the temporary custody
Such data shall be submitted to the Council of the local social welfare and development
for integration in a central database system. office, or any accredited or licensed shelter
institution devoted to protecting trafficked
"For this purpose, the Council is hereby persons after the rescue."
tasked to ensure the harmonization and
standardization of databases, including Section 19. A new Section 17-B is hereby inserted
minimum data requirements, definitions, into Republic Act No. 9208, to read as follows:
reporting formats, data collection systems,
and data verification systems. Such "SEC. 17-B. Irrelevance of Past Sexual
databases shall have, at the minimum, the Behavior, Opinion Thereof or Reputation of
following information: Victims and of Consent of Victims in Cases of
Deception, Coercion and Other Prohibited
"(a) The number of cases of Means. – The past sexual behavior or the
trafficking in persons, sorted sexual predisposition of a trafficked person
according to status of cases, shall be considered inadmissible in evidence
including the number of cases being for the purpose of proving consent of the
investigated, submitted for victim to engage in sexual behavior, or to
prosecution, dropped, and filed prove the predisposition, sexual or
and/or pending before the courts otherwise, of a trafficked person.
and the number of convictions and Furthermore, the consent of a victim of
acquittals; trafficking to the intended exploitation shall
be irrelevant where any of the means set
"(b) The profile/information on each forth in Section 3(a) of this Act has been
case; used."
"(c) The number of victims of Section 20. A new Section 17-C is hereby inserted
trafficking in persons referred to the into Republic Act No. 9208, to read as follows:
agency by destination
countries/areas and by area of "SEC. 17-C. Immunity from Suit, Prohibited
origin; and Acts and Injunctive Remedies. – No action or
suit shall be brought, instituted or
"(d) Disaggregated data on trafficking maintained in any court or tribunal or before
victims and the any other authority against any: (a) law
accused/defendants." enforcement officer; (b) social worker; or (c)
person acting in compliance with a lawful
order from any of the above, for lawful acts
Section 17. Section 17 of Republic Act No. 9208 is
done or statements made during an
hereby amended to read as follows:
authorized rescue operation, recovery or
rehabilitation/intervention, or an trafficking in persons. These
investigation or prosecution of an anti- representatives shall be nominated
trafficking case: Provided, That such acts by the government agency
shall have been made in good faith. representatives of the Council, for
appointment by the President for a
"The prosecution of retaliatory suits against term of three (3) years.
victims of trafficking shall be held in
abeyance pending final resolution and "The members of the Council may designate
decision of criminal complaint for trafficking. their permanent representatives who shall
have a rank not lower than an assistant
"It shall be prohibited for the DFA, the secretary or its equivalent to meetings, and
DOLE, and the POEA officials, law shall receive emoluments as may be
enforcement officers, prosecutors and determined by the Council in accordance
judges to urge complainants to abandon with existing budget and accounting rules
their criminal, civil and administrative and regulations."
complaints for trafficking.
Section 22. Section 22 of Republic Act No. 9208 is
"The remedies of injunction and attachment hereby amended to read as follows:
of properties of the traffickers, illegal
recruiters and persons involved in trafficking "SEC. 22. Secretariat to the Council. – The
may be issued motu proprio by judges." Department of Justice shall establish the
necessary Secretariat for the Council.
Section 21. Section 20 of Republic Act No. 9208 is
hereby amended to read as follows: "The secretariat shall provide support for the
functions and projects of the Council. The
"SEC. 20. Inter-Agency Council Against secretariat shall be headed by an executive
Trafficking. – There is hereby established an director, who shall be appointed by the
Inter-Agency Council Against Trafficking, to Secretary of the DOJ upon the
be composed of the Secretary of the recommendation of the Council. The
Department of Justice as Chairperson and executive director must have adequate
the Secretary of the Department of Social knowledge on, training and experience in the
Welfare and Development as Co- phenomenon of and issues involved in
Chairperson and shall have the following as trafficking in persons and in the field of law,
members: law enforcement, social work, criminology,
or psychology.
"(a) Secretary, Department of Foreign
Affairs; "The executive director shall be under the
supervision of the Inter-Agency Council
"(b) Secretary, Department of Labor Against Trafficking through its Chairperson
and Employment; and Co-Chairperson, and shall perform the
following functions:
"(c) Secretary, Department of the
Interior and Local Government; "(a) Act as secretary of the Council
and administrative officer of its
secretariat;
"(d) Administrator, Philippine
Overseas Employment
Administration; "(b) Advise and assist the
Chairperson in formulating and
implementing the objectives, policies,
"(e) Commissioner, Bureau of plans and programs of the Council,
Immigration; including those involving
mobilization of government offices
"(f) Chief, Philippine National Police; represented in the Council as well as
other relevant government offices,
"(g) Chairperson, Philippine task forces, and mechanisms;
Commission on Women;
"(c) Serve as principal assistant to the
"(h) Chairperson, Commission on Chairperson in the overall
Filipinos Overseas; supervision of council administrative
business;
"(i) Executive Director, Philippine
Center for Transnational Crimes; "(d) Oversee all council operational
and activities;
"(j) Three (3) representatives from "(e) Ensure an effective and efficient
NGOs, who shall include one (1) performance of council functions and
representative each from among the prompt implementation of council
sectors representing women, objectives, policies, plans and
overseas Filipinos, and children, with programs;
a proven record of involvement in the
prevention and suppression of
"(f) Propose effective allocations of "SEC. 28-A. Additional Funds for the
resources for implementing council Council. – The amount collected from every
objectives, policies, plans and penalty, fine or asset derived from any
programs; violation of this Act shall be earmarked as
additional funds for the use of the Council.
"(g) Submit periodic reports to the The fund may be augmented by grants,
Council on the progress of council donations and endowment from various
objectives, policies, plans and sources, domestic or foreign, for purposes
programs; related to their functions, subject to the
existing accepted rules and regulations of
"(h) Prepare annual reports of all the Commission on Audit."
council activities; and
Section 26. Section 32 of Republic Act No. 9208 of
"(i) Perform other duties as the the Repealing Clause is hereby amended to read as
Council may assign." follows:
Section 23. A new Section 26-A is hereby inserted "SEC. 32. Repealing Clause. – Article 202 of
into Republic Act No. 9208, to read as follows: the Revised Penal Code, as amended, and all
laws, acts, presidential decrees, executive
orders, administrative orders, rules and
"SEC. 26-A. Extra-Territorial Jurisdiction.
regulations inconsistent with or contrary to
– The State shall exercise jurisdiction over
the provisions of this Act are deemed
any act defined and penalized under this amended, modified or repealed
Act, even if committed outside the accordingly: Provided, That this Act shall not
Philippines and whether or not such act or
in any way amend or repeal the provisions of
acts constitute an offense at the place of Republic Act No. 7610, otherwise known as
commission, the crime being a continuing the ‘Special Protection of Child Against Child
offense, having been commenced in the Abuse, Exploitation and Discrimination
Philippines and other elements having been Act.’"
committed in another country, if the suspect
or accused:
Section 27. Section 33 of Republic Act No. 9208 is
hereby amended to read as follows:
"(a) Is a Filipino citizen; or
"SEC. 33. Effectivity. – This Act shall take
"(b) Is a permanent resident of the
effect fifteen (15) days following its complete
Philippines; or publication in at least two (2) newspapers of
general circulation."
"(c) Has committed the act against a
citizen of the Philippines.
Approved,