Salient Points of Ra 10364

 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.
 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.
 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;
 Acts of Trafficking
 Acts That Promote Trafficking
 Qualified Trafficking
 Recruiting, obtaining, hiring, providing, offering, transporting, transferring,
maintaining, harbouring, 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.
 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
 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.
 Trafficked person is a child;
 Adoption is for the purpose of prostitution, pornography, sexual
exploitation and the like;
 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 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.
 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.
 ACCOMPLICE
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.
 ACCESORY
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 harbouring, concealing or assisting in the escape of the principal of the
crime.
WHO MAY FILE A CASE
 Trafficked person;
 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
 Any person, natural or juridical, found guilty of trafficking under R.A 10364 may
be punished.
PRESCRIPTIVE PERIOD
 Within 10 years from the time they are committed

 20 years if committed by a syndicate on a large scale
 In the case of a child, starts from the day the child reaches maturity
ACT PENALTY
ACTS OF TRAFFICKING 20 YEARS OF IMPRISONMENT
ACTS THAT PROMOTE 15 YEARS OF IMPRISONMENT

TRAFFICKING/ACCESSORY LIABILITY
QUALIFIED TRAFFICKING LIFE IMPRISONMENT AND A FINE OF
PHP 500,OOO.OO-1M
ATTEMPTED TRAFFICKING 15 YEARS IMPRISONMENT AND FINE OF PHP
500,OOO.OO-1M
ACCOMPLICE LIABILITY 15 YEARS IMPRISONMENT AND FINE OF PHP
500,OOO.OO-1M
BREACH OF CONFIDENTIALITY CLAUESE 6 YEARS OF IMPRISONMENYT AND A FINE OF Php
500,000.00 TO 1M
USE OF TRAFFICKED PERSONS 1) 6-12YEARS IMPRISONMENT AND A FINE OF
50,000.00-1000,000.00
2) DEPORTATION-IF OFFENDER IS A FOREIGNER
 They shall be considered victims and shall not be penalized for
unlawful acts committed.
 The consent of the victim to the intended exploitation is irrelevant
 The past sexual behaviour or predisposition of a trafficked person

shall be considered inadmissible in evidence of proving consent of
the victim to the crime.
*Temporary Custody
 Rescue of trafficked persons should be under the assistance of

DSWD or any accredited NGO that services trafficked victims.

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Salient Points of Ra 10364

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 The Expanded Anti-Trafficking in Persons Act

of 2012, or Republic Act 10364 is an act that

WHO MAY BE PUNISHED FOR TRAFFICKING

 Within 10 years from the time they are committed

ACTS OF TRAFFICKING 20 YEARS OF IMPRISONMENT

ACTS THAT PROMOTE 15 YEARS OF IMPRISONMENT

 The consent of the victim to the intended exploitation is irrelevant

 The past sexual behaviour or predisposition of a trafficked person

 Rescue of trafficked persons should be under the assistance of

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