Republic Act No.

9208
Anti-Trafficking in Persons
Act of 2003

Republic Act No. 9208

Anti-Trafficking in Persons Act of 2003

Approved
Republic

on May 26, 2003

Act No. 10364 "Expanded AntiTrafficking in Persons Act of 2012

Republic Act No. 9208

Anti-Trafficking in Persons Act of 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

What are the prohibited acts

of trafficking in persons?

Section 4. Acts of Trafficking in

Persons

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.

Section 4. Acts of Trafficking in

Persons

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.

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.

Section 4. Acts of Trafficking in

Persons

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.

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.

Section 4. Acts of Trafficking in

Persons

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.

Section 4. Acts of Trafficking in

Persons

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.

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.

Section 4. Acts of Trafficking in

Persons

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.

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.

Section 4. Acts of Trafficking in

Persons

To maintain or hire a person to engage in prostitution or

pornography.

Section 4. Acts of Trafficking in

Persons

To maintain or hire a person to engage in prostitution or

pornography.

To adopt or facilitate the adoption of persons for the purpose of

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

Section 4. Acts of Trafficking in

Persons

To maintain or hire a person to engage in prostitution or

pornography.

To adopt or facilitate the adoption of persons for the purpose of

prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage.
(Conviction by final judgment of the adopter for any offense under
this law shall result in the immediate rescission of the decree of
adoption).

Section 4. Acts of Trafficking in

Persons

To recruit, hire, adopt, transport or abduct a person, by means of

threat or use of force, fraud, deceit, violence, coercion, or
intimidation for thepurpose of removal or sale of organs of said
person.

Section 4. Acts of Trafficking in

Persons

To recruit, hire, adopt, transport or abduct a person, by means of

threat or use of force, fraud, deceit, violence, coercion, or
intimidation for thepurpose of removal or sale of organs of said
person.

To recruit, transport or adopt a child to engage in armed

activities in the Philippines or abroad.

Section 4. Acts of Trafficking in

Persons

To recruit, hire, adopt, transport or abduct a person, by means of

threat or use of force, fraud, deceit, violence, coercion, or
intimidation for thepurpose of removal or sale of organs of said
person.

To recruit, transport or adopt a child to engage in armed

activities in the Philippines or abroad.

The penalty is imprisonment for a period of 20 years and a fine of

not less than P1 Million but not more than P2 Million.

Section 4. Acts of Trafficking in

Persons
Amendments (R.A 10364 Section 4)

To recruit, transport, transfer, harbor, obtain, maintain, offer,

hire, provide or receive a person by means defined in Section 3 of
this Act for purposes of forced labor, slavery, debt bondage and
involuntary servitude, including a scheme, plan, or pattern intended
to cause the person either:

Section 4. Acts of Trafficking in

Persons
Amendments (R.A 10364 Section 4)

To recruit, transport, transfer, harbor, obtain, maintain, offer,

hire, provide or receive a person by means defined in Section 3 of
this Act for purposes of forced labor, slavery, debt bondage and
involuntary servitude, including a scheme, plan, or pattern intended
to cause the person either:

(1) To believe that if the person did not perform such labor or
services, he or she or another person would suffer serious harm or
physical restraint; or
(2) To abuse or threaten the use of law or the legal processes; and

Section 4. Acts of Trafficking in

Persons
Amendments (R.A 10364 Section 4)

To recruit, transport, harbor, obtain, transfer, maintain, hire,

offer, provide, adopt or receive a child for purposes of
exploitation or trading them, including but not limited to, the act
of baring and/or selling a child for any consideration or for
barter for purposes of exploitation. Trafficking for purposes of
exploitation of children shall include:

Section 4. Acts of Trafficking in

Persons
Amendments (R.A 10364 Section 4)

To recruit, transport, harbor, obtain, transfer, maintain, hire,

offer, provide, adopt or receive a child for purposes of
exploitation or trading them, including but not limited to, the act
of baring and/or selling a child for any consideration or for
barter for purposes of exploitation. Trafficking for purposes of
exploitation of children shall include:

(1) All forms of slavery or practices similar to slavery,

involuntary servitude, debt bondage and forced labor, including
recruitment of children for use in armed conflict;

Section 4. Acts of Trafficking in

Persons

(2) The use, procuring or offering of a child for prostitution,

for the production of pornography, or for pornographic performances;

Section 4. Acts of Trafficking in

Persons

(2) The use, procuring or offering of a child for prostitution,

for the production of pornography, or for pornographic performances;
(3) The use, procuring or offering of a child for the production
and trafficking of drugs; and

Section 4. Acts of Trafficking in

Persons

(2) The use, procuring or offering of a child for prostitution,

for the production of pornography, or for pornographic performances;
(3) The use, procuring or offering of a child for the production
and trafficking of drugs; and

Section 4. Acts of Trafficking in

Persons
(4) The use, procuring or offering of a child for illegal
activities or work which, by its nature or the circumstances in which
it is carried out, is likely to harm their health, safety or morals;
and

Section 4. Acts of Trafficking in

Persons
(4) The use, procuring or offering of a child for illegal
activities or work which, by its nature or the circumstances in which
it is carried out, is likely to harm their health, safety or morals;
and

To organize or direct other persons to commit the offenses defined

as acts of trafficking under this Act."

Section 4. Acts of Trafficking in

Persons
(4) The use, procuring or offering of a child for illegal
activities or work which, by its nature or the circumstances in which
it is carried out, is likely to harm their health, safety or morals;
and

To organize or direct other persons to commit the offenses defined

as acts of trafficking under this Act."

What acts are considered as

qualified trafficking in
persons?

Section 6. Qualified Trafficking in

Persons

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.

When the offender is a member of the military or law enforcement

agencies.

Section 6. Qualified Trafficking in

Persons

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. Qualified Trafficking in

Persons
Amendments (R.A 10364 Section 9)

When the offender commits one or more violations of Section 4 over

a period of sixty (60) or more days, whether those days are
continuous or not; and

When the offender directs or through another manages the

trafficking victim in carrying out the exploitative purpose of
trafficking
In these cases, the penalty is life imprisonment and a fine of not
less than P2 Million, but not more than P5 Million.

What is the penalty for

violations in case of
confidential proceedings?

Section 7. 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.

Section 7. 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.

Section 7. 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.

Section 7. 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.

Section 7. 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.

Section 7. Confidentiality

In cases when prosecution or trial is conducted behind closeddoors, 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 7. Confidentiality

In cases when prosecution or trial is conducted behind closeddoors, 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.
The penalty is imprisonment of 6 years and a fine of not less than
P500,000, but not more than P1 Million.

Section 7. Confidentiality

Amendments (R.A 10364 Section 10)

Law enforcement officers, prosecutors, judges, court personnel,

social workers and medical practitioners shall be trained on the
importance of maintaining confidentiality as a means to protect the
right to privacy of victims and to encourage victims to file
complaints.

Section 7. Confidentiality

Amendments (R.A 10364 Section 10)

Law enforcement officers, prosecutors, judges, court personnel,

social workers and medical practitioners shall be trained on the
importance of maintaining confidentiality as a means to protect the
right to privacy of victims and to encourage victims to file
complaints.
The penalty is imprisonment of 6 years and a fine of not less than
P500,000, but not more than P1 Million.

What are the mandatory

services to trafficked
persons?

Section 23. Mandatory Services to

Trafficked Persons
The concerned government agencies shall make available the following
services to trafficked persons:

Emergency shelter or appropriate housing.

Counseling.

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.

Section 23. Mandatory Services to

Trafficked Persons

Medical or psychological services.

Livelihood and skills training.

Educational assistance to a trafficked child

Atty. Vitaliano N. Aguirre II

Secretary of Justice
Bachelor of Arts
Salutatorian, Magna Cum Laude
and Full Scholar, San Beda
College
Bachelor of Laws
Valedictorian, Cum Laude and
Full Scholar, San Beda College
1971 Bar Examinations
Passed with the rating of 85.25%

Atty. Vitaliano N. Aguirre II

Secretary of Justice
Facts:

As a student and a young lawyer, he

fought the Marcos dictatorship. In
November 1972, the dictatorships
Military Tribunal filed a case against
him for Inciting to Sedition and issued
an Arrest Search and Seizure Order
(ASSO) against him

He went into hiding and it took more

than five (5) years before the Military
Tribunal dismissed the said case

Atty. Vitaliano N. Aguirre II

Secretary of Justice
Facts:

He took over the chairmanship of the

Liberal Party immediately after the
demise of his father in 1987

During the last 2010 Elections, he

supported the entire Liberal Party
ticket from President Noynoy Aquino
down to the last councilor in Quezon
Province

Atty. Vitaliano N. Aguirre II

Secretary of Justice
Facts:
Lex Talionis Fraternitas, San Beda
College, Member
President
Brotherhood for Duterte Movement