Section 8 of Republic Act No. 9208 Is Hereby Amended To Read As Follows Section 11 of RA 10364

Section 8. Prosecution of Cases.
Section 8 of Republic Act No. 9208 is hereby amended to read as follows Section
11 of RA 10364
(a) Initiation of Investigation. – Law enforcement agencies are mandated to
immediately initiate investigation and counter-trafficking –intelligence
gathering upon receipt of statements or affidavit from victims of trafficking,
migrant workers, or their families who are in possession of knowledge or
information about trafficking in persons cases.
(b) Prosecution of Cases. – Any person who has personal knowledge of the
commission of an offense under this Act, such as the trafficked person, the
parents, spouse, siblings, children or legal guardian may file a complaint for
trafficking.
(c) Affidavit of Desistance. – Cases involving trafficking in persons should not be
dismissed based on the affidavit of desistance executed by the victims or their
parents or legal guardians. Public and private prosecutors are directed to
oppose and manifest objections to motions for dismissal.
“Any act involving the means provided in this Act or any attempt thereof for the
purpose of securing an Affidavit of Desistance from the complainant shall be
punishable under this Act.”
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 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:.
Section 10 of Republic Act No. 9208 is hereby amended to read as follows
Section 12 of RA 10364
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 4-A of this Act 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 Section 4-B of this Act 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);
"In every case, conviction shall cause and carry the automatic revocation of the
license or registration of the recruitment agency involved in trafficking. The
license of a recruitment agency which trafficked a child shall be automatically
revoked.
(d) 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);
(e) 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);
(f) 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);
(g) 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;
(h) 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;
(i) If the offender is a foreigner, he or she shall be immediately deported after
serving his or her sentence and be barred permanently from entering the country;
(j) 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 or her
retirement and other benefits shall likewise be forfeited; and
(k) Conviction, by final judgment of the adopter for any offense under this Act
shall result in the immediate rescission of the decree of adoption."

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Section 8. Prosecution of Cases.

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