THE ANTIANTITRAFFICKING IN PERSONS ACT

Rep. Act 9208, July 2003

PINSP JANET J NIEVES, RC

State Policy
 To support trafficked persons  Ensure their recovery  Ensure their rehabilitation  Ensure their reintegration into society  Recognition of UNUDHR, CRC, UN Convention on Protection of Migrant Workers and UN Convention against Transnational Organized Crime

TRAFFICKING OF PERSONS
 Recruitment, transportation, transfer or harboring, or receipt of persons WITH OR WITHOUT THE VICTIMS CONSENT OR KNOWLEDGE, within or across national borders by any means for the purpose of exploitation (e.g. prostitution, forced labor, slavery, servitude, removal or sale of organs)

UNLAWFUL ACTS
 To recruit, transport, transfer, harbor, provide, or receive a person by any means for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage

UNLAWFUL ACTS
 To introduce or match for money, profit or material, economic or other consideration, any person or 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, etc.

UNLAWFUL ACTS
 To offer or contract marriage, real or simulated, for the purpose of acquiring etc them to engage in prostitution, etc.  To 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

UNLAWFUL ACTS
 To maintain or hire a person to engage in prostitution or pornography  To adopt or facilitate adoption of persons for the purpose of prostitution etc  To recruit, hire, adopt, transport or abduct a person by any means to remove or sell organs  To recruit, transport or adopt a child to engage in armed activities here and abroad

UNLAWFUL ACTS THAT PROMOTE AND FACILITATE TRAFFICKING

 To knowingly lease or sub-lease or allow any house or building to be used  To produce in any manner fake certificates of govt agencies as proof of compliance with regulatory and pre-departure requirements  To advertise by any means propaganda material

UNLAWFUL ACTS THAT PROMOTE AND FACILITATE TRAFFICKING

 To assist in misrepresentation or fraud to facilitate clearances and necessary exit documents  To facilitate the exit and entry of persons from/to the country at international and local airports and seaports who are in possession of fake travel documents

UNLAWFUL ACTS THAT PROMOTE AND FACILITATE TRAFFICKING

 To confiscate, conceal, or destroy passport and other travel documents of trafficked persons to prevent them from seeking redress from the appropriate agencies  To knowingly benefit from the labor or services of a person held in slavery, etc.

AGGRAVATING ACTS
 When the trafficked person is a child  When adoption is used  When crime committed by a syndicate  When offender is a relative or a person who exercises authority or is a public officer or a law enforcer/military  Prostitution with a military or law enforcement office  When victim becomes insane or afflicted with HIV/AIDS

CONFIDENTIALITY

PENALTIES
 For Trafficking: 20 years and a fine of not less than one million pesos  For Promotion of Trafficking: 15 years and a fine of not less than 500,000 pesos  For Aggravated Trafficking: Life imprisonment and a fine of not less than 2 million pesos

PENALTIES
 For Violation of Confidentiality: 6 years and a fine of not less that 500,000 pesos  Cancellation of SEC and other registrations  Deportation of a foreigner after service of sentence

PENALTIES
 For Use of Trafficked Person: 6 months of community service and 50,000 pesos. And for subsequent offenses, 1 year in prison and 100,000 pesos

SERVICES AVAILABLE TO THE TRAFFICKED PERSON

 Shelter  Counseling  Free legal aid  Overseas Filipino Resource Centres  Country Team Approach

 Medical or psychological services  Livelihood and skills training  Educational assistance to a trafficked child