Human Trafficking in the Philippines

and R.A. 9208

“Anti-Trafficking in Persons Act of 2003”

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What is Human Trafficking?

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 SUPPORT OF TRAFFICKED
PERSONS, PROVIDING PENALTIES FOR ITS
VIOLATIONS, AND FOR OTHER PURPOSES”

Anti-Trafficking in Persons Act of 2003

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TRAFFICKING IN PERSONS: Defined

TRAFFICKING IN PERSONS

a. Recruitment, transportation, transfer,

harboring or receipt of persons
with or without consent or knowledge
within or across national borders

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TRAFFICKING IN PERSONS: Defined

b. The recruitment, transportation, transfer
involves:
threat or use of force
fraud or deceit
violence
coercion
intimidation
abuse of power or of position
taking advantage of the vulnerability of a person
the giving or receiving of payments or benefits to
achieve the consent of a person having control
over another person 4
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TRAFFICKING IN PERSONS: Defined

c. The recruitment, harboring,

transportation, or receipt of a person is
for the purpose of:
prostitution
other forms of sexual exploitation
forced labor or services
slavery / servitude
removal and sale of organs
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TRAFFICKING IN PERSONS: Defined

The recruitment, transportation, transfer,

harboring, receipt of a child for the
purpose of exploitation shall also be
considered as trafficking in persons even if
it does not involve any of the means set
forth in the law

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Trafficking in Persons vs
Human/People Smuggling
TRAFFICKING IN HUMAN SMUGGLING
PERSONS
Usually involves Usually does not involve
coercion coercion
Characterized by Characterized by
subsequent exploitation facilitating, for a fee, the
after the illegal entry of a illegal entry of a person
person into a foreign into a foreign country
country
Considered a human Considered a migration
rights issue concern 7
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PUNISHABLE ACTS

Acts of trafficking in persons (Sec.4)

Acts that promote trafficking in persons
(Sec. 5)
Violation of Confidentiality (Sec. 7)
Use of trafficked person for prostitution
(Sec.11)

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What are considered acts of

Trafficking in Persons?

Sec. 4, R.A. 9208

1. Recruit, transport, transfer, harbor, provide, or
receive a person by any means, including
those done under the pretext of domestic or
overseas employment or training or
apprenticeship for the purpose of prostitution,
pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage

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ACTS OF
TRAFFICKING IN PERSONS (Sec. 4)

2. Introduce or match for money, profit, or

material, economic or other consideration, any
person or, as provided for under RA 6955,
any Filipino woman to a foreign national, for
marriage for the purpose of acquiring, buying,
offering, selling or trading him/her to engage
in prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary
servitude or debt bondage
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ACTS OF
TRAFFICKING IN PERSONS (cont’d)
3. Offer or contract marriage, real or simulated,
for the purpose of acquiring, buying, offering,
selling or trading them to engage in prostitution,
pornography, sexual exploitation, forced labor
or slavery, involuntary servitude or debt
bondage
4. Undertake or organize tours and travel plans
consisting of tourism packages or activities for
the purpose of utilizing and offering persons for
prostitution, pornography or sexual exploitation
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ACTS OF
TRAFFICKING IN PERSONS (cont’d)

5. Maintains or hires a person to engage in

prostitution or pornography
6. Adopts or facilitates the adoption of
persons for the purpose of prostitution,
pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or
debt bondage

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ACTS OF
TRAFFICKING IN PERSONS (cont’d)

7. Recruit, hire, adopt, transport or abduct a

person by means of threat or use of force,
fraud, deceit, violence, coercion, or
intimidation for the purpose of removal or
sale of organs of said person
8. Recruit, transport or adopt a child to
engage in armed activities in the
Philippines or abroad
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What acts constitute promoting

trafficking?
Sec. 5, R.A. 9208
 Knowingly lease or sub-lease, use or allow to be
used any house, building or establishment for the
purpose of promoting trafficking in persons
 Produce, print and issue or distribute un-issued,
tampered or fake counseling certificates,
registration stickers and certificates of any
government agency which issues these certificates
and stickers as proof of compliance with
government regulatory and pre-departure
requirements for the purpose of promoting TIP 14
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ACTS PROMOTING
TRAFFICKING IN PERSONS (cont’d)
Advertise, publish, print, broadcast or distribute, or
cause the advertisement, publication, printing,
broadcasting or distribution by any means, including
the use of information technology and the internet of
any brochure, flyer or any propaganda materials that
promote trafficking in persons
Assist in the conduct of misrepresentation or fraud for
the purposes of facilitating the acquisition of
clearances and necessary exit documents from
government agencies that are mandated to provide
pre-departure registration and services for departing
persons for the purpose of promoting TIP 15
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ACTS PROMOTING
TRAFFICKING IN PERSONS (cont’d)

Facilitate, assist or help in the exit and entry of

persons from/to the country at international and
local airports, territorial boundaries and
seaports who are in possession of un-issued,
tampered or fraudulent travel document for the
purpose of promoting trafficking in persons
Confiscate, conceal, or destroy the passport,
travel documents or personal documents or
belongings of trafficked persons in furtherance
of trafficking or to prevent them from leaving
the country or seeking redress the government
of appropriate agencies 16
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ACTS PROMOTING
TRAFFICKING IN PERSONS

Knowingly benefit from, financial or

otherwise, or otherwise, or make use of,
the labor or services of a person held to a
condition of involuntary servitude, forced
labor or slavery

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What Acts constitute

Qualified Trafficking?

 When the trafficked person is a child

 When adoption is effected through RA 8043 for the
purpose of trafficking
 When crime is committed by a syndicate or in a
large scale.
 When the offender is an ascendant, parent, sibling,
guardian, or a person who exercises authority
over a trafficked person or when offense is
committed by a public officer or employee
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QUALIFIED TRAFFICKING IN PERSONS

 When the trafficked person is recruited to engage in

prostitution with any member of the military

 When the offender is a member of the military or

law enforcement agencies

 When the trafficked person dies, becomes insane,

suffers mutilation or is afflicted with HIV-AIDS.

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VIOLATION OF CONFIDENTIALITY (Sec. 7)

…The name and personal circumstances of the

trafficked person or of the accused, or any other
information tending to establish their identities and such
circumstances or information shall not be disclosed to
the public.
In cases when prosecution or trial is conducted behind
closed doors, it shall be unlawful for any editor,
publisher, and reporter or columnist in case of printed
materials, announcer or producer in case of television
and radio, producer or director of a film in case of movie
industry, or any person utilizing tri-media facilities or
information technology to cause publicity of any case of
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trafficking in persons
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USE OF TRAFFICKED PERSONS

RA 9208 punishes any person who

buys or engages services of a
trafficked person for prostitution

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Who are criminally liable for

trafficking in persons?

Any person, natural or juridical, who

commits any offense under R.A. 9208
may be punished for trafficking acts.

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Penalties, Sanctions and Prescriptive Periods

Act Penalty PP
ACTS OF TRAFFICKING 20 years imprisonment 10 years
and a fine of P1 - 2M
ACTS THAT PROMOTE 15 years imprisonment
TRAFFICKING a fine of P500,000 - 1M
QUALIFIED TRAFFICKING
Life imprisonment and a 20 years
fine of P2 - 5M for syndicated/
large scale

USE OF TRAFFICKED PERSON

First offense: 6 months community
service and a fine of P50,000
Second and subsequent offenses: 23
1 year imprisonment and a fine of
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OTHER LEGAL REMEDIES

Civil action for damages

Confiscation and Forfeiture of the
Proceeds and Instrument
Administrative action (Closure,
cancellation of permits, suspension or
dismissal from the service)

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Who may file a complaint?

Any person who has personal knowledge

of the commission of any offense under
the law, the trafficked person, the parents,
spouse, siblings, children or legal
guardian

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May victims of trafficking in persons

be punished under the law?

Trafficked persons shall be recognized as

victims if acts of trafficking and shall not
be penalized for crimes directly related to
the acts of trafficking or for obeying order
of traffickers. It doesn’t matter if the
trafficked person consented to the
intended exploitation.

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Where can trafficking in persons

cases be filed?
VENUE OF CRIMINAL ACTION

The venue of the criminal action may

either be at:
where the offense was committed;
where any of its elements occurred; or
where the trafficked person actually resides at
the time of the commission of the offense
Provided, that the court where the criminal
action is first filed shall acquire jurisdiction
to the exclusion of other courts 27
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What is the procedure for filing

cases for Trafficking in Persons?
Docs w/c may be submitted include:
Complainant
affidavit of complaint, affidavits of
files complaint witnesses, fraudulent employment
contracts, passports

Police or other LEA Office of the Prosecutor

Conducts case (build- Preliminary Investigation

up) investigation

Is there probable cause?

Files complaint w/
prosecutor NO YES
Files information
Dismisses complaint w/ proper court
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SERVICES AND PROGRAMS FOR

VICTIMS OF TRAFFICKING
 Emergency Shelter or Appropriate Housing
 Counseling
 Legal Assistance under RA 8042
 Medical and Psychological services
 Livelihood and Skills training
 Educational assistance to trafficked Children
 Repatriation of trafficked Persons
 All forms of assistance necessary regardless of
immigration status in the host country
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Other Salient Provisions of the

Anti-Trafficking in Persons Act :
Considers trafficked persons as victims rather than as
offenders
Exempts trafficked persons from payment of filing fees
Recognizes the right to privacy of trafficked persons
during investigation, prosecution and trial
Gives trafficked persons preferential entitlement under
the government’s Witness Protection Program
Provides protection and assistance to trafficked
persons who are foreign nationals
Mandates government agencies to establish and
implement preventive, protective and rehabilitative
programs
Establishes a trust fund for programs 30

Creates the Inter-Agency Council Against Trafficking

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THE INTER-AGENCY COUNCIL

AGAINST TRAFFICKING
Chairperson: Secretary, Department of Justice
Co-Chairperson: Secretary, Department of Social
Welfare and Development
Members:
Secretary, Department of Foreign Affairs
Secretary, Department of Labor and Employment
Administrator, Phil. Overseas Employment Administration
Director General, Philippine National Police
Commissioner, Bureau of Immigration
Chairperson, NCRFW
3 representatives from NGOs (one representative from 31
women’s, children’s and OFWs’ sectors)
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FUNCTIONS OF THE IACAT

 Formulate comprehensive and integrated program for
the prevention of trafficking and protection of
trafficked persons
 Promulgate rules and regulations for effective
implementation
 Monitor and oversee the implementation of the law
 Coordinate the programs and projects of various
member agencies
 Coordinate the conduct of massive info dissemination
 Formulate a program for the reintegration of trafficked
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persons
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Memorandum of Agreement on Law

Enforcement Cooperation and Assistance in
Combating Trafficking in Persons

The Parties:
 Department of Justice (DOJ)
 Philippine National Police (PNP)
 Bureau of Immigration (BI)
 National Bureau of Investigation (NBI)
 Philippine Coast Guard (PCG)
 Philippine Ports Authority (PPA)
 Philippine Center on Transnational Crime (PCTC)
 Presidential Anti-Illegal Recruitment Task Force
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Objective

Cooperate in the prevention, investigation and

prosecution of trafficking cases, and in the protection of
trafficked persons through the setting-up of national
and local task forces against trafficking especially in
areas where there is high incidence of trafficking.

Areas of Cooperation
 Organization and operationalization of national and
local inter-agency law enforcement task forces.
 Intelligence and information exchange.
 Law enforcement efficiency and effectiveness. 34
 ROUTES OF HUMAN TRAFFICKING

AIRPORT

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AIRPORT
 ROUTES OF HUMAN TRAFFICKING

BACKDOOR EXIT
MANILA

PALAWAN

Kudat, Malaysia
 ROUTES OF HUMAN TRAFFICKING
MANILA
BACKDOOR EXIT

PALAWAN

CAGAYAN DE ORO

TAWI-TAWI

SANDAKAN

KOTA KINABALU
 ROUTES OF HUMAN TRAFFICKING

BACKDOOR EXIT

SANDAKAN
ZAMBOANGA

BONGAO
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THE END

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