MODULE 3 - GAD Related Issues and Applicable Laws

Carlos Hilado Memorial State College
Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus
To be a leading GREEN institution of higher learning in the global community by 2030

(Good governance, Research-oriented, Extension-driven, Education for Sustainable Development & Nation-building)
Gender and Development and Green Culture (GAD GRC)

Module 3: GAD Related Issues and Applicable Laws
Chapter 3: Learning Objective
At the end of this lesson, you will be able to:
 discuss GAD related issues and the salient features of the applicable laws such as:
a) RA 7877: Anti- Sexual Harassment Act of 1995 & RA 11313: Safe Spaces Act
b) RA 101627: Anti-Bullying Act of 2013 & RA 10175: Cybercrime Prevention
Act of 2012
c) RA 9262: Anti-Violence Against Women and Their Children
d) RA 10364: Expanded Anti-Trafficking in Person Act of 2012
I. Introduction
This module covers several related issues, and the applicable laws in gender and
development. Specifically, the module tackles laws on anti-sexual harassment (RA 7877) & safe
spaces (RA 11313), anti-bullying (RA 101627) & cybercrime prevention (RA10175), anti- violence
against women and their children (RA 9262) and anti-trafficking in persons (RA 9208) and other
gender related issues. Due to the current situation, your involvement in the mandated 18-day
campaign to end violence against women and their children (VAWC) will be celebrated through
making posters that will showcase your understanding, appreciation and support to the said campaign.
The duration of this chapter is 9 hours per week.
II. Lesson/Unit/Study Guide/ Notes
I. RA 7877: Anti-Sexual Harassment Act of 1995 and
RA 11313: Safe Spaces Act
A. Republic Act 7877: Anti-Sexual Harassment Act of 1995
An Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training
Environment, and For Other Purposes.
 Explicitly stated in the Title and Declaration of Policy of RA 7877:
“An Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training
Environment, and for other Purposes”
SECTION 2. Declaration of Policy. - “The State shall value the dignity of every individual,
enhance the development of its human resources, guarantee full respect for human rights,
and uphold the dignity of workers, employees, applicants for employment, students or those
undergoing training, instruction or education. Towards this end, all forms of sexual
harassment in the employment, education or training environment are hereby declared
unlawful.”
 “Employment, Education or Training Environment” does not only refer to the
premises of the workplace or office or of the school or training institution.
Based on the Civil Service Commission Resolution No.01-0940, Administrative Disciplinary Rules
on Sexual Harassment Cases, sexual harassment may take place in the following:
a. In the premises of the workplace or office or of the school or training institution;
b. In any place where the parties were found as a result of work or education or training
responsibilities or relations;
c. At work or education or training-related social functions;
d. While on official business outside the office or school or training institution or during
work or school or training-related travel;
e. At official conferences, fora, symposia, or training sessions; and
f. By telephone, cellular phone, fax machine, or electronic mail.

SECTION 3. Work, Education or Training-Related Sexual Harassment Defined – Work,
education or training-related sexual harassment is committed by an employer, employee,
manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or
any other person who, having authority, influence or moral ascendancy over another in a
work or training or education environment demands, requests or otherwise requires any
sexual favor from the other, regardless of whether the demand, request or requirement for
submission is accepted by the object of said Act.
 Sexual harassment as defined can be understood within the context of the so-called
“Power Relationships”
Power relationships are relationships involving power inequality which means one has more
power than the other. For instance, relationship between an employer and employee, a manager
and his/her subordinate, a boss and his/her secretary, a teacher and a student, a coach and a
player, or a trainer and a trainee.
RA 7877 defines sexual harassment as those committed by the more powerful when they
demand, request, or otherwise require any SEXUAL FAVOR from the less powerful
regardless whether this was accepted or not.
RA 7877 refers to power in the form of AUTHORITY, INFLUENCE, or MORAL
ASCENDANCY (AIM).
 The demand for sexual favor may not be explicit or stated.
The court interprets the “demand, request or requirement of a sexual favor” as not necessarily an
oral or written statement. For instance, the offender’s act of mashing the breast of his student
was considered by the Supreme Court as sexual harassment (Nicholas & De Vega Law Offices,
2013).
Sexual Harassment in Work-related or Employment Environment
 Based on Section 3a of RA 7877, sexual harassment is committed in work-related
environment when:
a. Sexual favor is made as condition in:
 Hiring, or in the employment, re-employment or continued employment
 Granting favorable compensation, terms of conditions, promotions, or privileges
b. Refusal of sexual favor results in:
 Limiting, segregating, classifying employee which in any way would discriminate, deprive
or diminish employment opportunities or otherwise adversely affect said employee;
c. The above acts would:
 impair the employee’s rights or privileges under existing labor laws; or
 result in an intimidating, hostile, or offensive environment for the employee.
B. Republic Act 11313: Safe Spaces Act

AN ACT DEFINING GENDER-BASED SEXUAL HARASSMENT IN STREETS, PUBLIC
SPACES, ONLINE, WORKPLACES, AND EDUCATIONAL OR TRAINING INSTITUTIONS,
PROVIDING PROTECTIVE MEASURES AND PRESCRIBING PENALTIES THEREFOR
Sec. 2. Declaration of Policies. – It is the policy of the State to value the dignity of every human
person and guarantee full respect for human rights. It is likewise the policy of the State to recognize
the role of women in nation-building and ensure the fundamental equality before the law of women
and men. The State also recognizes that both men and women must have equality, security and
safety not only in private, but also on the streets, public spaces, online, workplaces and educational
and training institutions.

Punishable Acts Penalty

(as further defined in RA No. 11313)
Gender-based sexual harassment in First offense: fine of one thousand pesos
streets and public spaces: (P1,000.00) and community service of
Cursing, wolf-whistling, catcalling, leering twelve (12) hours inclusive of attendance
and intrusive gazing, taunting, unwanted to a Gender Sensitivity Seminar
invitations, misogynistic, transphobic, Second offense: arresto menor (6 to 10
homophobic, and sexist slurs, persistent days) or a fine of three thousand pesos
unwanted comments on one’s appearance, (P3,000.00)
relentless requests for one’s personal details Third offense: arresto menor (11 to 30
such as name, contact and social media days) or a fine of ten thousand pesos
details or destination, the use of words, (P10,000.00)
gestures or actions that ridicule on the basis
of sex, gender or sexual orientation, identity
and/or expression including sexist,
homophobic, and transphobic statements and
slurs, the persistent telling of sexual jokes,
use of sexual names, comments and
demands, and any statement that has made an
invasion on a person’s personal space or
threatens the person’s sense of personal
safety
Gender-based sexual harassment in First offense: fine of ten thousand pesos
streets and public spaces: (P10,000.00) and community service of
Making offensive body gestures at someone, twelve (12) hours inclusive of attendance
exposing private parts for the sexual to a Gender Sensitivity Seminar
gratification of the perpetrator with the effect Second offense: arresto menor (11 to 30
of demeaning, harassing, threatening or days) or a fine of fifteen thousand pesos
intimidating the offended party including (P15,000.00)
flashing of private parts, public masturbation, Third offense: arresto mayor (1 month
groping, and similar lewd sexual actions and 1 day to 6 months) and a fine of
twenty thousand pesos (P20,000.00)
Gender-based sexual harassment in First offense: arresto menor (11 to 30
streets and public spaces: days) or a fine of thirty thousand pesos
Stalking, any of the acts mentioned in 11(a) (P30,000.00), provided that it includes
or 11(b) when accompanied by touching, attendance in a Gender Sensitivity
pinching or brushing against the body of the Seminar
offended person; any touching, pinching, or Second offense: arresto mayor (1 month
brushing against the genitalia, face, arms, and 1 day) or a fine of fifty thousand
anus, groin, breasts, inner thighs, buttocks or pesos (P50,000.00)
any part of the victim’s body even when not Third offense: arresto mayor in its
accompanied by acts mentioned in 11(a) and maximum period or a fine of one hundred
11(b) thousand pesos (P100,000.00)
Prision correccional in its medium period
or a fine of not less than one hundred
thousand pesos (P100,000.00) but not
Gender-based online sexual harassment more than five hundred thousand pesos
(P500,000.00), or both at the discretion of
the court
Qualified gender-based sexual Penalty next higher in degree
harassment
Administrative penalties as provided for
Gender-based sexual harassment in the by the employer’s Committee on
workplace and educational or training Decorum and Investigation, and without
institutions prejudice to other applicable criminal
violations and penalties

Failure of employers or school heads to Fine of not less than five thousand pesos
implement their duties under the Safe (P5,000.00) nor more than ten thousand
Spaces Act (i.e. including setting of pesos (P10,000.00)
administrative penalties to violations of
gender-based sexual harassment in the
workplace)
Failure of employers or school heads to Fine of not less than ten thousand pesos
take action on reported acts of gender- (P10,000.00) nor more than fifteen
based sexual harassment committed in the thousand pesos (P15,000.00)
workplace or in the educational institution
In addition to penalizing acts of gender-based sexual harassment in public places, the Safe
Spaces Act also expands the 1995 Anti-Sexual Harassment Act. Formerly, sexual
harassment was only punished when committed by someone who has authority, influence,
or moral ascendancy over the victim. Under the Safe Spaces Act, acts committed between
peers, by a subordinate to a superior officer, by a student to a teacher, or by a trainee to a
trainer are now covered as punishable sexual harassment.
II. RA 101627: Anti-Bullying Act of 2013 and

RA 10175: Cybercrime Prevention Act of 2012
A. RA 101627: Anti-Bullying Act of 2013
AN ACT REQUIRING ALL ELEMENTARY AND SECONDARY SCHOOLS TO ADOPT
POLICIES TO PREVENT AND ADDRESS THE ACTS OF BULLYING IN THEIR
INSTITUTIONS
SEC. 2. Acts of Bullying. – For purposes of this Act, “bullying” shall refer to any severe or
repeated use by one or more students of a written, verbal or electronic expression, or a physical act
or gesture, or any combination thereof, directed at another student that has the effect of actually
causing or placing the latter in reasonable fear of physical or emotional harm or damage to his
property; creating a hostile environment at school for the other student; infringing on the rights of
the other student at school; or materially and substantially disrupting the education process or the
orderly operation of a school; such as, but not limited to, the following:
a. Any unwanted physical contact between the bully and the victim like punching, pushing,
shoving, kicking, slapping, tickling, headlocks, inflicting school pranks, teasing, fighting and the
use of available objects as weapons;
b. Any act that causes damage to a victim’s psyche and/or emotional well-being;
c. Any slanderous statement or accusation that causes the victim undue emotional distress like
directing foul language or profanity at the target, name-calling, tormenting and commenting
negatively on victim’s looks, clothes and body; and
d. Cyber-bullying or any bullying done through the use of technology or any electronic means.
B. RA 10175: Cybercrime Prevention Act of 2012

AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION,
INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR
AND FOR OTHER PURPOSES
Section 2. Declaration of Policy. — The State recognizes the vital role of information and
communications industries such as content production, telecommunications, broadcasting
electronic commerce, and data processing, in the nation’s overall social and economic
development. The State also recognizes the importance of providing an environment conducive to
the development, acceleration, and rational application and exploitation of information and
communications technology (ICT) to attain free, easy, and intelligible access to exchange and/or
delivery of information; and the need to protect and safeguard the integrity of computer, computer
and communications systems, networks, and databases, and the confidentiality, integrity, and

availability of information and data stored therein, from all forms of misuse, abuse, and illegal
access by making punishable under the law such conduct or conducts. In this light, the State shall
adopt sufficient powers to effectively prevent and combat such offenses by facilitating their
detection, investigation, and prosecution at both the domestic and international levels, and by
providing arrangements for fast and reliable international cooperation.
Punishable Acts
Section 4. Cybercrime Offenses.
I. Offenses against the confidentiality, integrity and availability of computer data and systems:
(1) Illegal Access. – The access to the whole or any part of a computer system without right.
(2) Illegal Interception. – The interception made by technical means without right of any non-
public transmission of computer data to, from, or within a computer system including
electromagnetic emissions from a computer system carrying such computer data.
(3) Data Interference. — The intentional or reckless alteration, damaging, deletion or deterioration
of computer data, electronic document, or electronic data message, without right, including the
introduction or transmission of viruses.
(4) System Interference. — The intentional alteration or reckless hindering or interference with the
functioning of a computer or computer network by inputting, transmitting, damaging, deleting,
deteriorating, altering or suppressing computer data or program, electronic document, or electronic
data message, without right or authority, including the introduction or transmission of viruses.
(5) Misuse of Devices. The use, production, sale, procurement, importation, distribution, or
otherwise making available, without right, of a device or computer password.
(6) Cyber-squatting. – The acquisition of a domain name over the internet in bad faith to profit,
mislead, destroy reputation, and deprive others from registering the same
II. Computer-related Offenses:
(1) Computer-related Forgery- The input, alteration, or deletion of any computer data without right
resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as
if it were authentic, regardless whether or not the data is directly readable and intelligible
(2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of computer data or
program or interference in the functioning of a computer system, causing damage thereby with
fraudulent intent.
III. Content-related Offenses:
(1) Cybersex- — The willful engagement, maintenance, control, or operation, directly or
indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a
computer system, for favor or consideration.
(2) Child Pornography. — The unlawful or prohibited acts defined and punishable by Republic
Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer
system.
(3) Unsolicited Commercial Communications. — The transmission of commercial electronic
communication with the use of computer system which seek to advertise, sell, or offer for
sale products and services are prohibited.
(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised
Penal Code, as amended, committed through a computer system or any other similar means
which may be devised in the future.
Section 8. Penalties. — Any person found guilty of any of the punishable acts enumerated in
Sections 4(I) and 4(II) of this Act shall be punished with imprisonment of prision mayor or a fine of
at least Two hundred thousand pesos (PhP200,000.00) up to a maximum amount commensurate to
the damage incurred or both.
III. RA 9262: ANTI- VIOLENCE AGAINST WOMEN AND THEIR CHILDREN

What is RA 9262?
It is a special law, otherwise known as Anti-Violence against women and their Children Act of 2004
(Anti-VAWC), which penalizes as a public crime certain acts of violence against women and their
children. The law was signed March 8, 2004.

What is “violence against women and their children”?

“Violence against women and their children” (VAWC) is any act or a series of acts committed
against the victim which result in or is likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment
or arbitrary deprivation of liberty.
Who is the woman victim protected under this law?
a) wife; or
b) former wife; or
c) a woman with whom the offender has or had a sexual or dating relationship; or
d) a woman with whom the offender has a common child;
Who are the children victims protected under the law?
“Children” means the abused woman’s children, boy or girl alike, below 18 years old, whether
legitimate or illegitimate; or other children who live with the woman or are under her care.
Who is the “offender”?
The following can be held liable for violation of RA 9262:
a) husband;
b) former husband;
c) boyfriend;
d) Ex-boyfriend;
e) live-in partner or ex-partner
f) one with whom the woman has a common child;
g) one with whom the woman has/had sexual or dating relationship
Can a woman be held liable for committing violation of RA 9262?
Yes. A lesbian partner/girlfriend or ex-lesbian partner/girlfriend can also be held liable for
committing act or a series of acts against another woman with whom the lesbian has or had a sexual
or dating relationship;
Important Definition of Terms:
“Battery” refers to an act of inflicting physical harm upon the woman or her child resulting to
physical and psychological or emotional distress.
Battered Woman defined:
A battered woman is one who is repeatedly subjected to any forceful, physical or psychological
behavior by a man in order to coerce her to do something he wants her to do without concern for her
rights.
TO BE CLASSIFIED AS SUCH, the couple must go through the battling cycle at least TWICE.
Any woman may find herself in an abusive relationship with a man once. IF IT OCCURS again,
and she remains in the situation, she is defined as a battered woman.
Cycle of Violence
(An Overview People v Genosa GR 135981)
Tension Building Phase
Minor battering occurs – verbal, physical abuse or other form of hostile behavior. The woman tries
to pacify the batterer but this placatory/ passive behavior only legitimizes the man’s belief that he
has the right to abuse her. At some point, the violence gets out of control and leads to:
Acute Battering Incident
Brutal and destructive violence that could lead to death.
Tranquil, Loving Phase
This is when Acute Battering Incident ends. During this period, the couple experience profound
relief. The batterer may show tender, nurturing behavior towards his partner.
“Stalking” refers to an intentional act committed by a person who, knowingly and without lawful
justification, follows the woman or her child, or places the woman or her child under surveillance
directly or indirectly or a combination thereof.

“Sexual relations” refers to a single sexual act which may or may not result in the bearing of a
common child.
“Dating relationship” refers to a situation wherein the parties live as husband and wife without the
benefit of marriage or are romantically involved overtime and on a continuing basis during the
course of the relationship. A casual acquaintance or ordinary socialization between two
individuals in a business or social context is not a dating relationship.
What does “public crime” mean?
Any citizen who has personal knowledge of the crime can file a criminal complaint.
Where is VAWC committed?
Violence against women and their children is committed within the dwelling/abode or any other
place outside thereof.
What are the forms of VAWC?
Violence against women and their children can be described in the following forms;
1) “Physical violence” which refers to acts that include bodily or physical harm;
2) “Sexual violence” which refers to an act which is sexual in nature, committed against a woman
or her child.
3) “Psychological violence” which refers to acts or omissions causing or likely to cause mental or
emotional suffering of the victim”
4) “Economic abuse” which refers to acts that make or attempt to make a woman financially
dependent;
How is “sexual violence” committed?
 rape;
 sexual harassment;
 acts of lasciviousness;
 treating a woman or her child as a sex object;
 making demeaning and sexually suggestive remarks;
 physically attacking the sexual parts of the victim’s body;
 forcing the woman or her child to watch obscene publications; and
 forcing the woman or her child to do indecent acts and/or make films thereof;
 forcing the wife and mistress/lover to live in the conjugal home or sleep together in the
same room with the abuser;
 causing or attempting to cause the victim to engage in any sexual activity by force, threat
of force, physical or other harm or threat of physical or other harm or coercion;
 Prostituting the woman or her child;
How is “psychological violence” committed?
Psychological violence is committed in the following manner;
 intimidation;
 harassment;
 stalking;
 damage to property;
 public ridicule or humiliation;
 repeated verbal abuse;
 marital infidelity;
 causing or allowing the victim to witness the physical, sexual or psychological abuse of a
member of the family to which the victim belongs;
 causing or allowing the victim to witness pornography in any form;
 causing or allowing the victim to witness abusive injury to pets;
 unlawful or unwanted deprivation of the right to custody and/or visitation of common
children.
How is “economic abuse” committed?
Economic abuse can be committed in the following manner:
 withdrawal of financial support or preventing the victim from engaging in any legitimate
profession, occupation, business or activity, except in cases wherein the other

spouse/partner objects on valid, serious and moral grounds as defined in Article 72 of the
Family Code;
 deprivation or threat of deprivation of financial resources and the rights to the use and
enjoyment of the conjugal, community or property owned in common;
 destroying household property;
 controlling the victim’s own money or properties or solely controlling the conjugal money
or properties.
What are the penalties imposed for the crime of VAWC?
Section 6, RA 9262 provides the following: “Penalties – the crime of Violence Against
Women and their Children under Section 5 hereof shall be punished according to the following
rules:
(a) Acts falling under Section 5 (a) constituting attempted, frustrated or consummated
parricide or murder or homicide shall be punished in accordance with the provisions of the Revised
Penal code. If these act resulted in mutilation, it shall be punishable in accordance with the Revised
Penal code; those constituting serious physical injuries shall have the penalty of prision mayor;
those constituting less serious physical injuries shall be punished by prision correccional; and
those constituting slight physical injuries shall be punished by arresto mayor.
Acts falling under Section 5 (b) shall be punished by imprisonment of two (2) degrees lower than
the prescribed penalty for the consummated crime as specified in the preceding paragraph but shall
in no case be lower than arresto mayor.
What is the prescriptive period for VAWC cases?
Acts falling under Section 5 (a) to 5 (f) shall prescribe in twenty (20) years. Acts falling under
Sections 5 (g) to 5 (i) shall prescribe in (10) years.
What if the woman or her child is pregnant, how is the penalty imposed?
If the acts are committed while the woman or her child is pregnant, the penalty to be applied shall
be the maximum period of penalty prescribed in Section 6.
What if the acts are committed in the presence of the woman’s child?
If the acts are committed in the presence of the woman’s child, the penalty to be applied shall be the
maximum period of penalty prescribed in Section 6.
What is the fine imposed on the offender of VAWC?
In addition to imprisonment, the perpetrator shall;
a) pay a fine in the amount of not less than One Hundred Thousand Pesos (P 100,000.00) but not
more than Three Hundred Thousand Pesos (P 300,000.00)
b) undergo mandatory psychological counseling or psychiatric treatment and shall report
compliance to the court.
Where can VAWC be filed?
The Regional Trial Court (RTC) designated as Family Court shall have original and exclusive
jurisdiction over cases of violence against women and their children under RA 9262. In the absence
of court in the place where the offense was committed, the complainant has the option to file the
case in the Regional Trial Court where the crime or any of its element was committed.
How Is “Protection Order” Defined?
A protection order is an order issued under RA 9262 for the purpose of preventing further act of
violence against a woman or a child specified in Section 5 of the law and granting other necessary
relief.
What are the protection orders that may be issued under RA 9262?
The following protection orders may be issued accordingly;
a) Barangay Protection Order (BPO), issued by the Punong Barangay, or in his or her absence,
any available Barangay Kagawad. It is effective within fifteen (15) days.
b) Temporary Protection Order (TPO), issued by the court and is effective within thirty(30)
days;
c) Permanent Protection Order (PPO), issued by the court after notice and hearing.

Who may file petition for Protection Orders?
A petition for protection order may be filed by any of the following:
 victim or offended party;
 parents or guardian of the offended party;
 ascendants, descendants or collateral relatives within fourth civil degree of consanguinity or
affinity;
 officers or social workers of the DSWD or social workers of Local Government Units
(LGUs);
 police officers preferably those in-charge of Women and Children’s Protection Desk
(WCPD)
 Punong Barangay or Barangay Kagawad;
 Lawyer, counselor, therapist or health care provider of the petitioner
 At least two (2) concerned responsible citizens of the city or municipality where the
violence against women and their children occurred and who have personal knowledge of
the offense committed.
How to apply for a Protection Order?
The application for a protection order must be in writing signed and verified under oath by the
victim. A standard application form, written in English with translation to the major local
languages, shall contain, among others, the following information:
 names and addresses of petitioner and respondent;
 description of relationships between petitioner and respondent;
 a statement of the circumstances of the abuse;
 description of the relief requested by petitioner;
 request for a counsel and reasons for such;
 request for a waiver of application fees until hearing; and
 in attestation that there is no pending application for a protection order in another court.
 What if the application of the Protection Order is not the victim?
 If the applicant is not the victim the application must be accompanied by
 an affidavit of the applicant attesting to the circumstances of the abuse suffered by the
victim; and the circumstance of consent given by the victim for filing of application.
When disclosure of the address of the victim will pose danger to her life, its shall be so stated
in the application.
What should the Barangay Officials do when the victim or any authorized person applies for
a BPO?
When the victim or any authorized person applies for BPO, the barangay officials should do the
following:
a) Take the “salaysay” or statement under oath of the victim/applicant. Be sure the date of
commission of the offense, place and a specific circumstances are in the statement;
b) Allow a non-lawyer advocate to be with the victim during the proceedings.
c) Do not allow the respondent/offender to be present during the ex-parte proceedings.
d) Issue the BPO on the same day of application.
e) Assist the victim/applicant in applying for a Temporary Protection Order with the court as
soon as possible.
f) Serve the BPO on the respondent.
Can the Barangay Officials mediate or conciliate?
No. Conciliation and mediation of acts of violence against women and their children are not allowed
under this law. A Punong Barangay, Barangay Kagawad or the court hearing an application for a
protection order shall not order, direct, force or in any way unduly influence the applicant for a
protection order to compromise or abandon any of the reliefs sought in the application for a
protection order. Failure to comply shall render the official or judge administratively liable. (Sec
33, RA 9262)
Is counseling and treatment of offenders allowed under the law?

Yes. The DSWD shall provide rehabilitative counseling and treatment to perpetrators towards
learning constructive ways of coping with anger and emotional outburst and reforming their ways.
When necessary, the offender shall be ordered by the Court to submit to psychiatric treatment of
confinement.
Is there a penalty for not enforcing the TPOs and PPOs?
Yes. Violation is punishable with a fine ranging from five thousand pesos (P 5,000.00) to Fifty
Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months.
After the issuance of TPO, what comes next?
The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration
of the TPO. The TPO shall include notice of the date of the hearing on the merits of issuance of a
PPO.
What is the Inter-Agency Council of Violence Against Women and Their Children (IAC-
VAWC)?
The IAC-VAWC is an inter-agency body tasked to formulate programs and projects to eliminate
VAW based on their mandates as well as develop capability programs for their employees to
become more sensitive to the needs of their clients. The Council will also serve as the monitoring
body as regards to VAW initiatives. It shall be composed of the following agencies:
a) Department of Social Welfare and Development (DSWD)
b) National Commission on the Role of Filipino Women (NCRFW)
c) Civil Service Commission (CSC)
d) Commission on Human Rights (CHR)
e) Council for the Welfare of Children (CWC)
f) Department of Justice; (DOJ)
g) Department of Interior and Local Government (DILG);
h) Philippine National Police (PNP);
i) Department of Health (DOH);
j) Department of Education (DepEd);
k) Department of Labor and Employment (DOLE); and
l) National Bureau of Investigation (NBI)
IV. RA 10364: Expanded Anti-Trafficking in Person Act of 2012

What is RA 10364 or the Expanded Anti – Trafficking in Persons Act of 2012?
Trafficking in Persons refers to recruitment, transportation, transfer or harboring, or receipt
of persons with or without the victim's consent or knowledge, within or across national borders by
means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of
power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving
of payments or benefits to achieve the consent of a person having control over another person for
the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of
others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the
removal or sale of organs.
The Expanded Anti-Trafficking in Persons Act of 2012, or Republic Act 10364 is an act
that institutes policies to eliminate trafficking in persons especially women and children. Also, it
establishes the necessary mechanisms to protect and support trafficked persons and provides
penalties thereof.
R.A. 10364 is said to be an expanded and strengthened version of the Anti-Trafficking in
Persons Act of 2003 (R.A 9208) and the new law now covers attempted trafficking, as well as
accomplice and accessory liabilities. (Idea, 2013)
In the new law, the following acts are now considered human trafficking:
 recruitment of domestic/overseas employment for sexual exploitation;
 forced labor or involuntary debt bondage;
 recruitment of Filipino woman to marry a foreigner;
 recruitment for sex tourism;

 recruitment for organ removal; and

 recruitment of a child to engage in armed activities abroad;
Interrelated and interdependent elements for a situation to be considered trafficking in persons:
It involves the
recruitment, It is committed It is done for the
obtaining, hiring, by use of threat or use purpose of
providing, or receipt of force, or other forms exploitation which
of persons with or of coercion, abduction, includes at a
receipt of persons fraud, deception, abuse
with or without the minimum, the
victim’s consent or
of power or of position, exploitation or the
knowledge, within or taking advantage of the prostitution of others
across national vulnerability of the or other forms of
borders. person, or, the giving sexual exploitation,
or receiving of forced labor or
payments or benefits to services, slavery,
achieve the consent of servitude or the
a person having removal or sale of
control over another organs.
person.
What are the acts punishable under the RA 10364?

(As identified by Idea, 2013)
1. Acts of Trafficking in Persons

 Recruiting, obtaining, hiring, providing, offering, transporting, transferring, maintaining,
harboring, or receiving 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, or sexual exploitation;
 Recruiting any Filipino woman to marry a foreign national for the purpose of acquiring,
buying, offering, selling him/her to engage in prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
 Undertaking or organizing tours and travel plans for the purpose of sex tourism;
 Maintaining or hiring a person for prostitution or pornography;
 Exploiting children in terms of:
 Recruiting children for use in armed conflict;
 Child prostitution/pornography;
 Using, procuring or offering of a child for the production and trafficking of drugs; and
 Using, procuring or offering of a child for illegal works or activities.
Any person found guilty of acts of TIP shall be penalized with

imprisonment of 20 years and a fine of not less than 1 million but not more
2. Acts that Promote Trafficking

 Leasing/sub-leasing, using or allowing any house, building, or establishment for the
purpose of trafficking in persons;
 Producing, print and issuing unissued, tampered or fake counselling certificates,
registration stickers and certificates of any government agency which issue such
certificates, for the purpose of trafficking;
 Advertising, publishing, printing or broadcasting by any means, including the use of
information technology, any propaganda that promotes trafficking in persons;

 Facilitating, assisting or helping in the exit and entry of persons from/to the country at
international and local airports who have fraudulent travel documents for the purposes of
promoting trafficking in persons;
 Confiscating, concealing or destroying the passport, travel documents of trafficked persons
in furtherance of trafficking to prevent them from leaving the country;
 Benefiting from, financial or otherwise, the labor services of a person held to a condition of
involuntary servitude, forced labor or slavery; and
 Utilizing his or her office to impede the investigation, prosecution or execution of lawful
orders in a case under this Act.
Any person found guilty of acts of TIP shall be penalized with imprisonment of
15 years and a fine of not less than 500 thousand but not more than 1 million pesos.
3. Use of Trafficked Persons
Any person who buys or engages the services of trafficked persons for prostitution shall be
penalized.
Any person found guilty of acts of TIP shall be penalized with imprisonment
ranging from six (6) years to forty (40) years and fine ranging from 50 thousand to 5
million pesos.
An addition to imprisonment and fine, an offender who is a foreigner shall be
immediately deported and permanently barred from the entering the country after
serving jail terms, while an offender who is a public official shall be dismissed from the
service and suffer perpetual absolute disqualification to hold public office.
4. Qualified Trafficking
The following are an act of qualified trafficking:
 When the trafficked person is a child;
 When the adoption is for the purpose of prostitution, pornography, sexual exploitation
and the like;
 When the crime is committed by a syndicate;
 When the offender is a spouse, an ascendant, parent, sibling, guardian or a person who
exercises authority over the trafficked person;
 When the offender is a member of the military or law enforcement agency; and
 When by reason or occasion of the act, the offended party dies, becomes insane, or
been afflicted by HIV-AIDS
 When the offender commits one or more violations of Section 4 over a period of sixty
or more days, continuous or not; and
 When the offender directs or through another manages the trafficking victim in
carrying out exploitative purpose of trafficking.
Qualified trafficking shall be penalized by life imprisonment and a fine of not less
than 2 million but not more than 5 million pesos.
5. Attempted Trafficking in Persons
Under R.A. 10364, attempted trafficking is any act to initiate the commission of a
trafficking offense but the offender failed to or did not execute all the elements of the crime due to
accident or by reason of some cause other than voluntary desistance.
If the victim is a child, an act be considered attempted trafficking if a person if:
 facilitates the travel of a child without clearance from DSWD or a written permit or
justification from the child’s parental/legal guardian;
 executing, for a consideration, an affidavit of consent or written consent for adoption;
 simulating a birth for the purpose of selling the child

 recruiting a woman to bear a child; simulating a birth; or soliciting a child and requiring
custody through any means from hospital, health centers and the like, all for the purpose of
selling the child.
Any person found guilty of committing attempted TIP shall be penalized with
imprisonment of 15 years and a fine of not less than 500 thousand but not more than 1
million pesos.
Child Trafficking in RA 7810

Attempt to Commit Child Trafficking. Any person who shall engage in trading and dealing with
children including, but not limited to, the act of buying and selling of a child for money, or for any other
consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty
shall be imposed in its maximum period when the victim is under twelve (12) years of age.
There is an attempt to commit child trafficking under Section 7 of this Act: 1 awphi1 @alf
 When a child travels alone to a foreign country without valid reason therefor and without
clearance issued by the Department of Social Welfare and Development or written permit or
justification from the child's parents or legal guardian;
 When a person, agency, establishment or child-caring institution recruits women or couples to
bear children for the purpose of child trafficking; or
 When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or
any other person simulates birth for the purpose of child trafficking; or
 When a person engages in the act of finding children among low-income families, hospitals,
clinics, nurseries, day-care centers, or other child-during institutions who can be offered for the
purpose of child trafficking.
Obscene Publications and Indecent Shows.
 Any person who shall hire, employ, use, persuade, induce or coerce a child to perform in
obscene exhibitions and indecent shows, whether live or in video, or model in obscene
publications or pornographic materials or to sell or distribute the said materials shall suffer the
penalty of prison mayor in its medium period.
 If the child used as a performer, subject or seller/distributor is below twelve (12) years of age,
the penalty shall be imposed in its maximum period.
 Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall
cause and/or allow such child to be employed or to participate in an obscene play, scene, act,
movie or show or in any other acts covered by this section shall suffer the penalty of prison
mayor in its medium period.
There is an attempt to commit child trafficking of this Act: 1
 When a child travels alone to a foreign country without valid reason therefor and without
clearance issued by the Department of Social Welfare and Development or written permit or
justification from the child's parents or legal guardian;
 When a person, agency, establishment or child-caring institution recruits women or couples to
bear children for the purpose of child trafficking; or
 When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or
any other person simulates birth for the purpose of child trafficking; or
 When a person engages in the act of finding children among low-income families, hospitals,
clinics, nurseries, day-care centers, or other child-during institutions who can be offered for the
purpose of child trafficking.
What are the distinguishing description of an accomplice liability
and accessory liability in RA 10364?
In RA 10364, one of the new provisions is the liabilities of an accomplice in trafficking.
Under this Act, an accomplice is anyone who knowingly aids, abets, cooperates in the execution of
the offense, whether by previous or simultaneous acts, and shall be punished in accordance with
this law.

Whereas, an accessory is any person that has the knowledge of the commission of the
crime and without having participated therein, takes part in the commission in any of the following
manners:
 profiting themselves or assisting the offender to profit by the effects of the crime;
 by concealing or destroying the boy of the crime; and
 by harboring, concealing or assisting in the escape of the principal of the crime.
 An accessory shall be liable to the penalties provided for in this Act.
Who may file the case among the offenders according to the law?
The following persons may file cases of trafficking in persons:
 trafficked person;
 the parents, spouse, siblings, children or legal guardian of the trafficked person; and
 Anyone who has personal knowledge of the crime.
Who may be punished for trafficking in persons according to the law?
The following are identities which can be punished in violation of R.A 10364:
 Any person, natural or juridical, found guilty of trafficking.
 If the offender is a corporation, partnership, association, club, establishment or any
juridical persons, the penalty shall be imposed upon the owner, president, partner, manager,
and/or any responsible officer who participated in the commissions of the crime, or who
knowingly permitted or failed to prevent is commission.
 If the offender is a foreigner, he or she shall be immediately deported after serving his/her
sentence and barred from entering the country.
References:
https://pcw.gov.ph/republic-act-7877-anti-sexual-harassment-act-of-1995/
https://www.officialgazette.gov.ph/2013/09/12/republic-act-no-10627/
https://pcw.gov.ph/republic-act-9262-anti-violence-against-women-and-their-children-act-of-2004/
https://www.dilg.gov.ph/PDF_File/reports_resources/dilg-reports-resources-
2017323_e21a5b9c4f.pdf


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Carlos Hilado Memorial State College

Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus

To be a leading GREEN institution of higher learning in the global community by 2030

Gender and Development and Green Culture (GAD GRC)

To be a leading GREEN institution of higher learning in the global community by 2030

B. Republic Act 11313: Safe Spaces Act

To be a leading GREEN institution of higher learning in the global community by 2030

Punishable Acts Penalty

To be a leading GREEN institution of higher learning in the global community by 2030

II. RA 101627: Anti-Bullying Act of 2013 and

B. RA 10175: Cybercrime Prevention Act of 2012

To be a leading GREEN institution of higher learning in the global community by 2030

III. RA 9262: ANTI- VIOLENCE AGAINST WOMEN AND THEIR CHILDREN

To be a leading GREEN institution of higher learning in the global community by 2030

What is “violence against women and their children”?

To be a leading GREEN institution of higher learning in the global community by 2030

To be a leading GREEN institution of higher learning in the global community by 2030

To be a leading GREEN institution of higher learning in the global community by 2030

To be a leading GREEN institution of higher learning in the global community by 2030

IV. RA 10364: Expanded Anti-Trafficking in Person Act of 2012

To be a leading GREEN institution of higher learning in the global community by 2030

 recruitment for organ removal; and

What are the acts punishable under the RA 10364?

1. Acts of Trafficking in Persons

Any person found guilty of acts of TIP shall be penalized with

2. Acts that Promote Trafficking

To be a leading GREEN institution of higher learning in the global community by 2030

To be a leading GREEN institution of higher learning in the global community by 2030

Child Trafficking in RA 7810

To be a leading GREEN institution of higher learning in the global community by 2030

To be a leading GREEN institution of higher learning in the global community by 2030

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