The Lawphil Project - Arellano Law Foundation

REPUBLIC ACT No. 9208        May 26, 2003

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

Republic of the Philippines

Congress of the Philippines
Metro Manila

Twelfth Congress
Second Regular Session

Begun held in Metro Manila on Monday, the twenty-second day of July, two
thousand two

Republic Act No. 9208             May 26, 2003

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

Be it enacted by the Senate and the House of Representatives of the

Philippines in Congress assembled:

Section 1. Title. This Act shall be known as the "Anti-Trafficking in Persons

Act of 2003".

Section 2. Declaration of Policy. – It is hereby declared that the State values

the dignity of every human person and guarantees the respect of individual
rights. In pursuit of this policy, the State shall give highest priority to the
enactment of measures and development of programs that will promote human
dignity, protect the people from any threat of violence and exploitation,
eliminate trafficking in persons, and mitigate pressures for involuntary
migration and servitude of persons, not only to support trafficked persons but
more importantly, to ensure their recovery, rehabilitation and reintegration into
the mainstream of society.

It shall be a State policy to recognize the equal rights and inherent human
dignity of women and men as enshrined in the United Nations Universal
Declaration on Human Rights, United Nations Convention on the Rights of the
Child, United Nations Convention on the Protection of Migrant Workers and
their Families. United Nations Convention Against Transnational Organized
Crime Including its Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children and all other relevant and universally
accepted human rights instruments and other international conventions to
which the Philippines is a signatory.

Section 3. Definition of Terms. - As used in this Act:

(a) Trafficking in Persons - refers to the 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 recruitment, transportation, transfer, harboring or 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
preceding paragraph.

(b) Child - refers to a person below eighteen (18) years of age or one
who is over eighteen (18) but is unable to fully take care of or protect
himself/herself from abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental disability or condition.

(c) Prostitution - refers to any act, transaction, scheme or design

involving the use of a person by another, for sexual intercourse or
lascivious conduct in exchange for money, profit or any other
consideration.

(d) Forced Labor and Slavery - refer to the extraction of work or services
from any person by means of enticement, violence, intimidation or
threat, use of force or coercion, including deprivation of freedom, abuse
of authority or moral ascendancy, debt-bondage or deception.

(e) Sex Tourism - refers to a program organized by travel and tourism-

related establishments and individuals which consists of tourism
packages or activities, utilizing and offering escort and sexual services
as enticement for tourists. This includes sexual services and practices
offered during rest and recreation periods for members of the military.

(f) Sexual Exploitation - refers to participation by a person in prostitution

or the production of pornographic materials as a result of being
subjected to a threat, deception, coercion, abduction, force, abuse of
authority, debt bondage, fraud or through abuse of a victim's
vulnerability.

(g) Debt Bondage - refers to the pledging by the debtor of his/her

personal services or labor or those of a person under his/her control as
security or payment for a debt, when the length and nature of services is
not clearly defined or when the value of the services as reasonably
assessed is not applied toward the liquidation of the debt.

(h) Pornography - refers to any representation, through publication,

exhibition, cinematography, indecent shows, information technology, or
by whatever means, of a person engaged in real or simulated explicit
sexual activities or any representation of the sexual parts of a person for
primarily sexual purposes.

(i) Council - shall mean the Inter-Agency Council Against Trafficking

created under Section 20 of this Act.

Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person,

natural or juridical, to commit any of the following acts:

(a) To 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;

(b) To introduce or match for money, profit, or material, economic or

other consideration, any person or, as provided for under Republic Act
No. 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;

(c) To 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;

(d) 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;

(e) To maintain or hire a person to engage in prostitution or

pornography;

(f) To adopt or facilitate the adoption of persons for the purpose of

prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;

(g) To 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; and

(h) To recruit, transport or adopt a child to engage in armed activities in

the Philippines or abroad.

Section 5. Acts that Promote Trafficking in Persons. - The following acts which
promote or facilitate trafficking in persons, shall be unlawful:

(a) To knowingly lease or sublease, use or allow to be used any house,

building or establishment for the purpose of promoting trafficking in
persons;

(b) To produce, print and issue or distribute unissued, 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 trafficking in persons;

(c) To 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 material that promotes
trafficking in persons;

(d) To assist in the conduct of misrepresentation or fraud for 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 trafficking in persons;

(e) To 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 unissued, tampered or fraudulent
travel documents for the purpose of promoting trafficking in persons;

(f) To 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 from the government or appropriate agencies; and

(g) To knowingly benefit from, financial or otherwise, or make use of, the
labor or services of a person held to a condition of involuntary servitude,
forced labor, or slavery.

Section 6. Qualified Trafficking in Persons. - The following are considered as

qualified trafficking:

(a) When the trafficked person is a child;

(b) When the adoption is effected through Republic Act No. 8043,
otherwise known as the "Inter-Country Adoption Act of 1995" and said
adoption is for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt
bondage;

(c) When the crime is committed by a syndicate, or in large scale.

Trafficking is deemed committed by a syndicate if carried out by a group
of three (3) or more persons conspiring or confederating with one
another. It is deemed committed in large scale if committed against
three (3) or more persons, individually or as a group;

(d) When the offender is an ascendant, parent, sibling, guardian or a

person who exercises authority over the trafficked person or when the
offense is committed by a public officer or employee;

(e) When the trafficked person is recruited to engage in prostitution with

any member of the military or law enforcement agencies;

(f) When the offender is a member of the military or law enforcement

agencies; and

(g) When by reason or on occasion of the act of trafficking in persons,

the offended party dies, becomes insane, suffers mutilation or is
afflicted with Human Immunodeficiency Virus (HIV) or the Acquired
Immune Deficiency Syndrome (AIDS).

Section 6. Confidentiality. - At any stage of the investigation, prosecution and

trial of an offense under this Act, law enforcement officers, prosecutors,
judges, court personnel and medical practitioners, as well as parties to the
case, shall recognize the right to privacy of the trafficked person and the
accused. Towards this end, law enforcement officers, prosecutors and judges
to whom the complaint has been referred may, whenever necessary to ensure
a fair and impartial proceeding, and after considering all circumstances for the
best interest of the parties, order a closed-door investigation, prosecution or
trial. 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 and
director of a film in case of the movie industry, or any person utilizing tri-media
facilities or information technology to cause publicity of any case of trafficking
in persons.

Section 8. Prosecution of Cases. - Any person who has personal knowledge

of the commission of any offense under this Act, the trafficked person, the
parents, spouse, siblings, children or legal guardian may file a complaint for
trafficking.

Section 9. Venue. - A criminal action arising from violation of this Act shall be
filed where the offense was committed, or 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.

Section 10. Penalties and Sanctions. - The following penalties and sanctions
are hereby established for the offenses enumerated in this Act:

(a) Any person found guilty of committing any of the acts enumerated in
Section 4 shall suffer the penalty of imprisonment of twenty (20) years
and a fine of not less than One million pesos (P1,000,000.00) but not
more than Two million pesos (P2,000,000.00);

(b) Any person found guilty of committing any of the acts enumerated in
Section 5 shall suffer the penalty of imprisonment of fifteen (15) years
and a fine of not less than Five hundred thousand pesos (P500,000.00)
but not more than One million pesos (P1,000,000.00);

(c) Any person found guilty of qualified trafficking under Section 6 shall
suffer the penalty of life imprisonment and a fine of not less than Two
million pesos (P2,000,000.00) but not more than Five million pesos
(P5,000,000.00);

(d) Any person who violates Section 7 hereof shall suffer the penalty of
imprisonment of six (6) years and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);

(e) If the offender is a corporation, partnership, association, club,

establishment or any juridical person, the penalty shall be imposed upon
the owner, president, partner, manager, and/or any responsible officer
who participated in the commission of the crime or who shall have
knowingly permitted or failed to prevent its commission;

(f) The registration with the Securities and Exchange Commission

(SEC) and license to operate of the erring agency, corporation,
association, religious group, tour or travel agent, club or establishment,
or any place of entertainment shall be cancelled and revoked
permanently. The owner, president, partner or manager thereof shall not
be allowed to operate similar establishments in a different name;

(g) If the offender is a foreigner, he shall be immediately deported after

serving his sentence and be barred permanently from entering the
country;

(h) Any employee or official of government agencies who shall issue or

approve the issuance of travel exit clearances, passports, registration
certificates, counseling certificates, marriage license, and other similar
documents to persons, whether juridical or natural, recruitment
agencies, establishments or other individuals or groups, who fail to
observe the prescribed procedures and the requirement as provided for
by laws, rules and regulations, shall be held administratively liable,
without prejudice to criminal liability under this Act. The concerned
 government official or employee shall, upon conviction, be dismissed
from the service and be barred permanently to hold public office. His/her
retirement and other benefits shall likewise be forfeited; and

(i) Conviction by final judgment of the adopter for any offense under this
Act shall result in the immediate rescission of the decree of adoption.

Section 11. Use of Trafficked Persons. - Any person who buys or engages the
services of trafficked persons for prostitution shall be penalized as follows:

(a) First offense - six (6) months of community service as may be

determined by the court and a fine of Fifty thousand pesos
(P50,000.00); and

(b) Second and subsequent offenses - imprisonment of one (1) year and
a fine of One hundred thousand pesos (P100,000.00).

Section 12. Prescriptive Period. - Trafficking cases under this Act shall
prescribe in ten (10) years: Provided, however, That trafficking cases
committed by a syndicate or in a large scale as defined under Section 6 shall
prescribe in twenty (20) years.

The prescriptive period shall commence to run from the day on which the
trafficked person is delivered or released from the conditions of bondage and
shall be interrupted by the filing of the complaint or information and shall
commence to run again when such proceedings terminate without the accused
being convicted or acquitted or are unjustifiably stopped for any reason not
imputable to the accused.

Section 13. Exemption from Filing Fees. - When the trafficked person
institutes a separate civil action for the recovery of civil damages, he/she shall
be exempt from the payment of filing fees.

Section 14. Confiscation and Forfeiture of the Proceeds and Instruments

Derived from Trafficking in Persons. - In addition to the penalty imposed for the
violation of this Act, the court shall order the confiscation and forfeiture, in
favor of the government, of all the proceeds and properties derived from the
commission of the crime, unless they are the property of a third person not
liable for the unlawful act; Provided, however, That all awards for damages
shall be taken from the personal and separate properties of the offender;
Provided, further, That if such properties are insufficient, the balance shall be
taken from the confiscated and forfeited properties.

When the proceeds, properties and instruments of the offense have been
destroyed, diminished in value or otherwise rendered worthless by any act or
omission, directly or indirectly, of the offender, or it has been concealed,
removed, converted or transferred to prevent the same from being found or to
avoid forfeiture or confiscation, the offender shall be ordered to pay the amount
equal to the value of the proceeds, property or instruments of the offense.

Section 15. Trust Fund. - All fines imposed under this Act and the proceeds
and properties forfeited and confiscated pursuant to Section 14 hereof shall
accrue to a Trust Fund to be administered and managed by the Council to be
used exclusively for programs that will prevent acts of trafficking and protect,
rehabilitate, reintegrate trafficked persons into the mainstream of society. Such
programs shall include, but not limited to, the following:

(a) Provision for mandatory services set forth in Section 23 of this Act;

(b) Sponsorship of a national research program on trafficking and

establishment of a data collection system for monitoring and evaluation
 purposes;

(c) Provision of necessary technical and material support services to

appropriate government agencies and non-government organizations
(NGOs);

(d) Sponsorship of conferences and seminars to provide venue for

consensus building amongst the public, the academe, government,
NGOs and international organizations; and

(e) Promotion of information and education campaign on trafficking.

Section 16. Programs that Address Trafficking in Persons. - The government

shall establish and implement preventive, protective and rehabilitative
programs for trafficked persons. For this purpose, the following agencies are
hereby mandated to implement the following programs;

(a) Department of Foreign Affairs (DFA) - shall make available its

resources and facilities overseas for trafficked persons regardless of
their manner of entry to the receiving country, and explore means to
further enhance its assistance in eliminating trafficking activities through
closer networking with government agencies in the country and
overseas, particularly in the formulation of policies and implementation
of relevant programs.

The DFA shall take necessary measures for the efficient implementation
of the Machine Readable Passports to protect the integrity of Philippine
passports, visas and other travel documents to reduce the incidence of
trafficking through the use of fraudulent identification documents.

It shall establish and implement a pre-marriage, on-site and pre-

departure counseling program on intermarriages.

(b) Department of Social Welfare and Development (DSWD) - shall

implement rehabilitative and protective programs for trafficked persons.
It shall provide counseling and temporary shelter to trafficked persons
and develop a system for accreditation among NGOs for purposes of
establishing centers and programs for intervention in various levels of
the community.

(c) Department of Labor and Employment (DOLE) - shall ensure the

strict implementation and compliance with the rules and guidelines
relative to the employment of persons locally and overseas. It shall
likewise monitor, document and report cases of trafficking in persons
involving employers and labor recruiters.

(d) Department of Justice (DOJ) - shall ensure the prosecution of

persons accused of trafficking and designate and train special
prosecutors who shall handle and prosecute cases of trafficking. It shall
also establish a mechanism for free legal assistance for trafficked
persons, in coordination with the DSWD, Integrated Bar of the
Philippines (IBP) and other NGOs and volunteer groups.

(e) National Commission on the Role of Filipino Women (NCRFW) -

shall actively participate and coordinate in the formulation and
monitoring of policies addressing the issue of trafficking in persons in
coordination with relevant government agencies. It shall likewise
advocate for the inclusion of the issue of trafficking in persons in both its
local and international advocacy for women's issues.

(f) Bureau of Immigration (BI) - shall strictly administer and enforce

 immigration and alien administration laws. It shall adopt measures for
the apprehension of suspected traffickers both at the place of arrival
and departure and shall ensure compliance by the Filipino
fiancés/fiancées and spouses of foreign nationals with the guidance and
counseling requirement as provided for in this Act.

(g) Philippine National Police (PNP) - shall be the primary law

enforcement agency to undertake surveillance, investigation and arrest
of individuals or persons suspected to be engaged in trafficking. It shall
closely coordinate with various law enforcement agencies to secure
concerted efforts for effective investigation and apprehension of
suspected traffickers. It shall also establish a system to receive
complaints and calls to assist trafficked persons and conduct rescue
operations.

(h) Philippine Overseas Employment Administration (POEA) - shall

implement an effective pre-employment orientation seminars and pre-
departure counseling programs to applicants for overseas employment.
It shall likewise formulate a system of providing free legal assistance to
trafficked persons.

(i) Department of the Interior and Local Government (DILG) - shall

institute a systematic information and prevention campaign and likewise
maintain a databank for the effective monitoring, documentation and
prosecution of cases on trafficking in persons.

(j) Local government units (LGUs) - shall monitor and document cases
of trafficking in persons in their areas of jurisdiction, effect the
cancellation of licenses of establishments which violate the provisions of
this Act and ensure effective prosecution of such cases. They shall also
undertake an information campaign against trafficking in persons
through the establishment of the Migrants Advisory and Information
Network (MAIN) desks in municipalities or provinces in coordination with
DILG, Philippine Information Agency (PIA), Commission on Filipinos
Overseas (CFO), NGOs and other concerned agencies. They shall
encourage and support community based initiatives which address the
trafficking in persons.

In implementing this Act, the agencies concerned may seek and enlist
the assistance of NGOs, people's organizations (Pos), civic
organizations and other volunteer groups.

Section 17. Legal Protection to Trafficked Persons. - Trafficked persons shall

be recognized as victims of the act or acts of trafficking and as such shall not
be penalized for crimes directly related to the acts of trafficking enumerated in
this Act or in obedience to the order made by the trafficker in relation thereto.
In this regard, the consent of a trafficked person to the intended exploitation
set forth in this Act shall be irrelevant.

Section 18. Preferential Entitlement Under the Witness Protection Program. -

Any provision of Republic Act No. 6981 to the contrary notwithstanding, any
trafficked person shall be entitled to the witness protection program provided
therein.

Section 19. Trafficked Persons Who are Foreign Nationals. - Subject to the
guidelines issued by the Council, trafficked persons in the Philippines who are
nationals of a foreign country shall also be entitled to appropriate protection,
assistance and services available to trafficked persons under this Act:
Provided, That they shall be permitted continued presence in the Philippines
for a length of time prescribed by the Council as necessary to effect the
prosecution of offenders.

Section 20. Inter-Agency Council Against Trafficking. - There is hereby

established an Inter-Agency Council Against Trafficking, to be composed of the
Secretary of the Department of Justice as Chairperson and the Secretary of
the Department of Social Welfare and Development as Co-Chairperson and
shall have the following as members:

(a) Secretary, Department of Foreign Affairs;

(b) Secretary, Department of Labor and Employment;

(c) Administrator, Philippine Overseas Employment Administration;

(d) Commissioner, Bureau of Immigration;

(e) Director-General, Philippine National Police;

(f) Chairperson, National Commission on the Role of Filipino Women;

and

(g) Three (3) representatives from NGOs, who shall be composed of

one (1) representative each from among the sectors representing
women, overseas Filipino workers (OFWs) and children, with a proven
record of involvement in the prevention and suppression of trafficking in
persons. These representatives shall be nominated by the government
agency representatives of the Council, for appointment by the President
for a term of three (3) years.

The members of the Council may designate their permanent

representatives who shall have a rank not lower than an assistant
secretary or its equivalent to meetings, and shall receive emoluments as
may be determined by the Council in accordance with existing budget
and accounting, rules and regulations.

Section 21. Functions of the Council. - The Council shall have the following
powers and functions:

(a) Formulate a comprehensive and integrated program to prevent and

suppress the trafficking in persons;

(b) Promulgate rules and regulations as may be necessary for the

effective implementation of this Act;

(c) Monitor and oversee the strict implementation of this Act;

(d) Coordinate the programs and projects of the various member

agencies to effectively address the issues and problems attendant to
trafficking in persons;

(e) Coordinate the conduct of massive information dissemination and

campaign on the existence of the law and the various issues and
problems attendant to trafficking through the LGUs, concerned
agencies, and NGOs;

(f) Direct other agencies to immediately respond to the problems

brought to their attention and report to the Council on action taken;

(g) Assist in filing of cases against individuals, agencies, institutions or

establishments that violate the provisions of this Act;
 (h) Formulate a program for the reintegration of trafficked persons in
cooperation with DOLE, DSWD, Technical Education and Skills
Development Authority (TESDA), Commission on Higher Education
(CHED), LGUs and NGOs;

(i) Secure from any department, bureau, office, agency, or

instrumentality of the government or from NGOs and other civic
organizations such assistance as may be needed to effectively
implement this Act;

(j) Complement the shared government information system for migration

established under Republic Act No. 8042, otherwise known as the
"Migrant Workers and Overseas Filipinos Act of 1995" with data on
cases of trafficking in persons, and ensure that the proper agencies
conduct a continuing research and study on the patterns and scheme of
trafficking in persons which shall form the basis for policy formulation
and program direction;

(k) Develop the mechanism to ensure the timely, coordinated, and

effective response to cases of trafficking in persons;

(l) Recommend measures to enhance cooperative efforts and mutual

assistance among foreign countries through bilateral and/or multilateral
arrangements to prevent and suppress international trafficking in
persons;

(m) Coordinate with the Department of Transportation and

Communications (DOTC), Department of Trade and Industry (DTI), and
other NGOs in monitoring the promotion of advertisement of trafficking
in the internet;

(n) Adopt measures and policies to protect the rights and needs of
trafficked persons who are foreign nationals in the Philippines;

(o) Initiate training programs in identifying and providing the necessary

intervention or assistance to trafficked persons; and

(p) Exercise all the powers and perform such other functions necessary
to attain the purposes and objectives of this Act.

Section 22. Secretariat to the Council. - The Department of Justice shall

establish the necessary Secretariat for the Council.

Section 23. Mandatory Services to Trafficked Persons. - To ensure recovery,

rehabilitation and reintegration into the mainstream of society, concerned
government agencies shall make available the following services to trafficked
persons:

(a) Emergency shelter or appropriate housing;

(b) Counseling;

(c) Free legal services which shall include information about the victims'
rights and the procedure for filing complaints, claiming compensation
and such other legal remedies available to them, in a language
understood by the trafficked person;

(d) Medical or psychological services;

(e) Livelihood and skills training; and

 (f) Educational assistance to a trafficked child.

Sustained supervision and follow through mechanism that will track the
progress of recovery, rehabilitation and reintegration of the trafficked persons
shall be adopted and carried out.

Section 24. Other Services for Trafficked Persons. -

(a) Legal Assistance. - Trafficked persons shall be considered under the

category "Overseas Filipino in Distress" and may avail of the legal
assistance created by Republic Act No. 8042, subject to the guidelines
as provided by law.

(b) Overseas Filipino Resource Centers. - The services available to

overseas Filipinos as provided for by Republic Act No. 8042 shall also
be extended to trafficked persons regardless of their immigration status
in the host country.

(c) The Country Team Approach. - The country team approach under
Executive Order No. 74 of 1993, shall be the operational scheme under
which Philippine embassies abroad shall provide protection to trafficked
persons insofar as the promotion of their welfare, dignity and
fundamental rights are concerned.

Section 25. Repatriation of Trafficked Persons. - The DFA, in coordination with

DOLE and other appropriate agencies, shall have the primary responsibility for
the repatriation of trafficked persons, regardless of whether they are
documented or undocumented.

If, however, the repatriation of the trafficked persons shall expose the victims
to greater risks, the DFA shall make representation with the host government
for the extension of appropriate residency permits and protection, as may be
legally permissible in the host country.

Section 26. Extradition. - The DOJ, in consultation with DFA, shall endeavor to
include offenses of trafficking in persons among extraditable offenses.

Section 27. Reporting Requirements. - The Council shall submit to the

President of the Philippines and to Congress an annual report of the policies,
programs and activities relative to the implementation of this Act.

Section 28. Funding. - The heads of the departments and agencies concerned
shall immediately include in their programs and issue such rules and
regulations to implement the provisions of this Act, the funding of which shall
be included in the annual General Appropriations Act.

Section 29. Implementing Rules and Regulations. - The Council shall

promulgate the necessary implementing rules and regulations within sixty (60)
days from the effectivity of this Act.

Section 30. Non-restriction of Freedom of Speech and of Association, Religion

and the Right to Travel. - Nothing in this Act shall be interpreted as a
restriction of the freedom of speech and of association, religion and the right to
travel for purposes not contrary to law as guaranteed by the Constitution.

Section 31. Separability Clause. - If, for any reason, any section or provision
of this Act is held unconstitutional or invalid, the other sections or provisions
hereof shall not be affected thereby.

Section 32. Repealing clause. - All laws, presidential decrees, executive

orders and rules and regulations, or parts thereof, inconsistent with the
provisions of this Act are hereby repealed or modified accordingly: Provided,
That this Act shall not in any way amend or repeal the provision of Republic
Act No. 7610, otherwise known as the "Special Protection of Children Against
Child Abuse, Exploitation and Discrimination Act".

Section 33. Effectivity. - This Act shall take effect fifteen (15) days from the
date of its complete publication in at least two (2) newspapers of general
circulation.

This Act, which is a consolidation of Senate Bill No. 2444 and House Bill No.
4432 was finally passed by the Senate and the House of Representatives on
May 12, 2003 respectively.