ANTI-TRAFFICKING IN

PERSONS ACT OF 2003

Republic Act 9208 as amended by

RA 10364 also known as the Expanded Anti-
Trafficking in Persons Act of 2012
Prepared by: Pros. Jadraque
WHAT IS TRAFFICKING IN PERSONS (TIP)?

 Trafficking in persons is an illegal act and is considered a violation of

human rights. It has three (3) inter-related and interdependent elements for
a situation to be considered trafficking in persons:
 ACTS – It involves the recruitment, obtaining, hiring, providing, offering,
transportation, transfer, maintaining, harboring, or receipt of persons with
or without the victim’s consent or knowledge, within or across national
borders;
 MEANS – It is committed by use of threat, or use of force, or other forms
or 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; and
 PURPOSE – It is done for the purpose of exploitation or the prostitution
of others or other forms of sexual exploitation, forced labor or services,
slavery, involuntary servitude or the removal or sale of organs.

Prepared by: Pros. Jadraque

 The recruitment, transportation, transfer, harboring,
adoption or receipt of a child for the purpose of
exploitation or when the adoption is induced by any form
of consideration for exploitative purposes shall also be
considered as “trafficking in persons” even if it does not
involve any of the means mentioned above.

Prepared by: Pros. Jadraque

THE FOLLOWING ACTS ARE PUNISHABLE UNDER RA 9208 AS AMENDED BY RA 10364:

 Acts of TIP – includes all acts committed by any natural or juridical person
where all the three elements of TIP (acts, means, purpose) are present. Some
examples are:
 "(a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor,
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, or sexual exploitation;
 "(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;

 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
than 2 million pesos.
Prepared by: Pros. Jadraque
 "(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;
Prepared by: Pros. Jadraque
 "(f) To adopt persons by any form of consideration for
exploitative purposes or to facilitate the same for purposes
of prostitution, pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt bondage;
 "(g) To adopt or facilitate the adoption of persons for the
purpose of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;
 "(h) To recruit, hire, adopt, transport, transfer, obtain,
harbor, maintain, provide, offer, receive 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;
 Prepared by: Pros. Jadraque
 "(i) To recruit, transport, obtain, transfer, harbor, maintain,
offer, hire, provide, receive or adopt a child to engage in
armed activities in the Philippines or abroad;
 "(j) 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
Prepared by: Pros. Jadraque
 "(k) 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;
 Prepared by: Pros. Jadraque
  "(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
 "(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
 "(l) To organize or direct other persons to commit the
offenses defined as acts of trafficking under this Act.“
(Section 4)
 Prepared by: Pros. Jadraque
 "SEC. 4-A. Attempted Trafficking in Persons. – Where
there are acts to initiate the commission of a trafficking
offense but the offender failed to or did not execute all
the elements of the crime, by accident or by reason of
some cause other than voluntary desistance, such overt
acts shall be deemed as an attempt to commit an act of
trafficking in persons. As such, an attempt to commit any
of the offenses enumerated in Section 4 of this Act shall
constitute attempted trafficking in persons.
 "In cases where the victim is a child, any of the following
acts shall also be deemed as attempted trafficking in persons:
 "(a) Facilitating the travel of a child who travels alone to a foreign country
or territory without valid reason therefor and without the required clearance
or permit from the Department of Social Welfare and Development, or a
written permit or justification from the child’s parent or legal guardian;
 "(b) Executing, for a consideration, an affidavit of consent or a written
consent for adoption;
 "(c) Recruiting a woman to bear a child for the purpose of selling the child;
 "(d) Simulating a birth for the purpose of selling the child; and
 "(e) Soliciting a child and acquiring the custody thereof through any means
from among hospitals, clinics, nurseries, daycare centers, refugee or
evacuation centers, and low-income families, for the purpose of selling the
child."
 Any person guilty of Attempted TIP shall be imposed a penalty of
imprisonment of fifteen (15) years and a fine of not less than Five
Hundred Thousand pesos but not more than One million pesos.
 Accomplice Liability – Whoever knowingly aids, abets,
cooperates in the execution of the offense by previous or
simultaneous acts defined in this Act shall be punished in
accordance with the provisions of Section 10(c) of this
Act." (SEC. 4-B)

 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)
 Prepared by: Pros. Jadraque
 Accessories. – Whoever has the knowledge of the commission of
the crime, and without having participated therein, either as
principal or as accomplices, take part in its commission in any of
the following manners:
 "(a) By profiting themselves or assisting the offender to profit by the
effects of the crime;
 "(b) By concealing or destroying the body of the crime or effects or
instruments thereof, in order to prevent its discovery;
 "(c) By harboring, concealing or assisting in the escape of the
principal of the crime, provided the accessory acts with abuse of his or
her public functions or is known to be habitually guilty of some other
crime.
 "Acts defined in this provision shall be punished in accordance
with the provision of Section 10(d) as stated thereto.“(SEC. 4-C)
 Prepared by: Pros. Jadraque
ACTS THAT PROMOTE TIP
 – includes all acts that encourages or facilitates TIP such as:
 knowingly using or allowing the use of any house or establishment for
promoting TIP
 facilitating the use of tampered or fake documents to evade government
regulatory and pre-departure requirements;
 production, publication, broadcast and distribution, including use of
ICT for propaganda materials that promote TIP;
 assisting in the conduct of misrepresentation or fraud in securing
 clearances and necessary exit documents from government, and
facilitating exit/entry of persons possessing tampered or fraudulent
travel documents for promoting TIP;
 preventing a trafficked person from seeking redress from appropriate
agencies by confiscating or destroying his/her passport, travel or
personal documents;
Prepared by: Pros. Jadraque
  tampering with or destroying of evidence, or influencing or
attempting to influence witnesses in an investigation or
prosecution of a TIP case;
 destroying, concealing, removing, confiscating or possessing
travel and/or working documents of any person in order to
maintain the labor or services of that person; and
 using one’s office to impede the investigation, prosecution or
execution of lawful orders in a case.(Section 5)

Any person found guilty of acts that promote 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.

Prepared by: Pros. Jadraque

 Use of Trafficked Persons – any person who buys or engages
the services of trafficked persons for prostitution shall be
penalized with imprisonment ranging from six (6) years to
forty (40) years and fine ranging from 50 thousand to 5
million pesos (range).
 In addition to imprisonment and fine, an offender who is a
foreigner shall be immediately deported and permanently
barred from entering the country after serving jail terms, while
an offender who is a public official shall be dismissed from
service and suffer perpetual absolute disqualification to hold
public office.(Section 11)
  Probation shall be inapplicable

Prepared by: Pros. Jadraque

QUALIFIED TIP – THE ACT WILL BE CONSIDERED AS
QUALIFIED TIP WHEN:

 the trafficked person is a child;

 there is adoption under RA 8043 (Inter-Country Adoption
Act) and said adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
 the crime is committed by a syndicate or in large scale;
 the offender is a spouse, ascendant, parent, sibling,
guardian or a person who exercises authority over the
trafficked person;
 the offense is committed by a public official or employee;
Prepared by: Pros. Jadraque
 the offender is a member of the military or law enforcement
agencies;
 he trafficked person died, became insane, suffered mutilation
or got infected with HIV/AIDS;
 the offender commits one or more acts of TIP over a period of
60 or more days; and
 the offender directs or through another manages the
trafficking victim the offender directs or through another
manages the trafficking victim.(Section 6)

 Qualified trafficking shall be penalized by life

imprisonment and a fine of not less than 2 million but not
more than 5 million pesos.
Prepared by: Pros. Jadraque
ATTEMPTED TIP
 – where there are acts to initiate the commission of a
trafficking offense but the offender failed to or did not execute
all the elements of the crime, by accident or by reason of some
cause other than voluntary desistance, such overt acts shall be
deemed as an attempt to commit an act of TIP. In cases where
the victim is a child, any of the following acts shall also be
deemed as attempted TIP:
 facilitating the travel of a child who travels alone to a foreign
country or territory without valid reason and without the required
clearance or permit from the DSWD, or a written permit or
justification from the child’s parent or legal guardian;
 executing, for a consideration, an affidavit of consent or a written
consent for adoption;

Prepared by: Pros. Jadraque

  recruiting a woman to bear a child for the purpose of selling
the child; • simulating a birth for the purpose of selling the
child; and
 soliciting a child and acquiring the custody thereof through
any means, 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.
Prepared by: Pros. Jadraque
 "(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.“(Sec.8)
Prepared by: Pros. Jadraque
 What protection is given to trafficked persons?
 Legal Protection

 Free Legal Assistance

 Right to Privacy and Confidentiality

 Witness Protection Program

 Victim Compensation Program

Prepared by: Pros. Jadraque

 "Victims of trafficking for purposes of prostitution as
defined under Section 4 of this Act are not covered by
Article 202 of the Revised Penal Code and as such, shall
not be prosecuted, fined, or otherwise penalized under
the said law.“(Sec. 17)

Prepared by: Pros. Jadraque

 Who may file a complaint?
 The trafficked person or the offended party

 Spouse

 Parents or legal guardians

 Siblings

 Children

 Any person who has personal knowledge of the offense

Prepared by: Pros. Jadraque

How is trafficking in persons different from illegal recruitment and human smuggling?

Trafficking in Persons Illegal Recruitment Human Smuggling

May or may not involve Usually does not
coercion, fraud, involve coercion but Usually does not
deception, abuse of uses more deception, involve coercion
vulnerability, etc. promises and fraud
Characterized by Characterized by
subsequent exploitation facilitating entry of one Characterized by
after the illegal entry of person from one facilitating for a fee, the
one person from one country to another illegal entry of a person
place to another or one through an unorganized into a foreign country
country to another or unlicensed agency

There is a need to prove

Mere recruitment Proof of illegal entry by
the presence of
without license is non-compliance with
exploitation or that the
punishable, no need to the necessary
recruitment was
prove the consequential requirements
facilitated for the
exploitation for travel
purpose of exploitation
Considered a human Considered a migration Considered a migration
rights issue concern concern
SEC. 3. DEFINITION OF TERMS
 (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 o 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.

Prepared by: Pros. Jadraque

 (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.

Prepared by: Pros. Jadraque

 (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.
Prepared by: Pros. Jadraque
 (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.

Prepared by: Pros. Jadraque

(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.

Prepared by: Pros. Jadraque

 SEC. 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.
Prepared by: Pros. Jadraque
 SEC. 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.
Prepared by: Pros. Jadraque
 SEC. 26. Extradition. - The DOJ, in consultation with
DFA, shall endeavor to include offenses of trafficking in
persons among extraditable offenses.

Prepared by: Pros. Jadraque

POSSIBLE QUESTIONS:
 What constitutes trafficking in persons?
The crime of Trafficking in persons constitute when the
victim is a child
 What are the elements?
The elements of Trafficking in Persons has 3 interdependent elements the Act, Means, and Purpose.
The act means the recruitment of the person in fraud or in deception for the purpose of the exploitation.
The Means refers to the act of intimidating or violence or use of threat of a person for the purpose of exploitation.
The Purpose refers to the purpose of exploitation through

 When shall the same be considered to be qualified?

 Thank you!