Philippine e-Legal Forum

Philippine laws and legal system (pnl-law blog).

Philippine e-Legal Forum

Anti-Trafficking in Persons Act of 2003 (RA 9208): A Primer

A recent news article warns foreigners from marrying Filipino women in exchange for their kidneys or other organs. Two laws were cited: the law against mail-order brides and Anti-Trafficking in Persons Act of 2003. Since we already have a previous discussion on the prohibition against mail-order brides , let’s have a brief discussion on Republic Act No. 9208 , also known as the “ Anti-Trafficking in Persons Act of 2003 “.

What is the meaning of “trafficking in persons”?

It 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.

What is “forced labor and slavery”?

It is 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.

What is “debt bondage”?

It 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.

How does the law define sex exploitation, prostitution, pornography, and sex tourism?

“ 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.

“ 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.

“ 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.

“ 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.

What are the prohibited acts of trafficking in persons and what is the penalty?

It shall be unlawful for any person, natural or juridical, to commit any of the following acts:

  • 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.
  • 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.
  • 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).
  • 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 .
  • 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.

What are the punishable acts that promote trafficking in persons and what is the penalty?

The following acts which promote or facilitate trafficking in persons, shall be unlawful:

  • To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in persons.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.

The penalty is imprisonment for 15 years and a fine of not less than P500,000, but not more than P1 Million.

What acts are considered as “qualified trafficking in persons” and what is the penalty?

The following are considered as qualified trafficking:

  • When the trafficked person is a child.
  • 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.
  • 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.
  • 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 trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies.
  • When the offender is a member of the military or law enforcement agencies.
  • 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).

In these cases, the penalty is life imprisonment and a fine of not less than P2 Million, but not more than P5 Million.

What are the penalties for “use of trafficked persons”?

Any person who buys or engages the services of trafficked persons for prostitution shall be penalized as follows:

  • First offense: 6 months of community service as may be determined by the court and a fine of P50,000.
  • Second and subsequent offenses:  Imprisonment of 1 year and a fine of P100,000.

What is the penalty for violations in case of confidential proceedings?

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. The penalty is imprisonment of 6 years and a fine of not less than P500,000, but not more than P1 Million.

Who can prosecute the case?

Any person who has personal knowledge of the commission of any offense under this law, the trafficked person, the parents, spouse, siblings, children or legal guardian may file a complaint for trafficking.

Where should the case be filed (venue)?

A criminal action arising from violation of this law 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.

How about foreigners?

If the offender is a foreigner, he shall be immediately deported after serving his sentence and be barred permanently from entering the country.

On the other hand, the DOJ, in consultation with DFA, shall endeavor to include offenses of trafficking in persons among extraditable offenses.

Trafficked persons in the Philippines who are foreign nationals shall, subject to the guidelines issued by the Council, shall also be entitled to appropriate protection, assistance and services available to trafficked persons under this law. 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.

What is the prescriptive period for the offenses?

Trafficking cases under this law shall prescribe in 10 years. Trafficking cases committed by a syndicate or in a large scale shall prescribe in 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.

What are the 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.
  • Medical or psychological services.
  • Livelihood and skills training.
  • Educational assistance to a trafficked child.

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.

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 law 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 law shall be irrelevant .

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Philippine e-Legal Forum

Philippine laws and legal system (jlp-law blog).

Philippine e-Legal Forum

Anti-Trafficking in Persons Act of 2003 (RA 9208): A Primer

(A recent news article warns foreigners from marrying Filipino women in exchange for their kidneys or other organs. Two laws were cited: the law against mail-order brides and Anti-Trafficking in Persons Act of 2003. Since we already have a previous discussion on the prohibition against mail-order brides , let’s have a brief discussion on Republic Act No. 9208 , also known as the “ Anti-Trafficking in Persons Act of 2003 “.)

What is the meaning of “trafficking in persons”? It 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.

What is “forced labor and slavery”? It is 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.

What is “debt bondage”? It 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.

How does the law define sex exploitation, prostitution, pornography, and sex tourism?

“ 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.

“ 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.

“ 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.

“ 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.

What are the prohibited acts of trafficking in persons and what is the penalty? It shall be unlawful for any person, natural or juridical, to commit any of the following acts:

  • 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.
  • 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.
  • 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).
  • 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 .
  • 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.

What are the punishable acts that promote trafficking in persons and what is the penalty? The following acts which promote or facilitate trafficking in persons, shall be unlawful:

  • To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in persons.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.

The penalty is imprisonment for 15 years and a fine of not less than P500,000, but not more than P1 Million.

What acts are considered as “qualified trafficking in persons” and what is the penalty? The following are considered as qualified trafficking:

  • When the trafficked person is a child.
  • 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.
  • 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.
  • 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 trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies.
  • When the offender is a member of the military or law enforcement agencies.
  • 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).

In these cases, the penalty is life imprisonment and a fine of not less than P2 Million, but not more than P5 Million.

What are the penalties for “use of trafficked persons”? Any person who buys or engages the services of trafficked persons for prostitution shall be penalized as follows:

  • First offense: 6 months of community service as may be determined by the court and a fine of P50,000.
  • Second and subsequent offenses:  Imprisonment of 1 year and a fine of P100,000.

What is the penalty for violations in case of confidential proceedings? 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. The penalty is imprisonment of 6 years and a fine of not less than P500,000, but not more than P1 Million.

Who can prosecute the case? Any person who has personal knowledge of the commission of any offense under this law, the trafficked person, the parents, spouse, siblings, children or legal guardian may file a complaint for trafficking.

Where should the case be filed (venue)? A criminal action arising from violation of this law 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.

How about foreigners? If the offender is a foreigner, he shall be immediately deported after serving his sentence and be barred permanently from entering the country.

On the other hand, the DOJ, in consultation with DFA, shall endeavor to include offenses of trafficking in persons among extraditable offenses.

Trafficked persons in the Philippines who are foreign nationals shall, subject to the guidelines issued by the Council, shall also be entitled to appropriate protection, assistance and services available to trafficked persons under this law. 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.

What is the prescriptive period for the offenses? Trafficking cases under this law shall prescribe in 10 years. Trafficking cases committed by a syndicate or in a large scale shall prescribe in 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.

What are the 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.
  • Medical or psychological services.
  • Livelihood and skills training.
  • Educational assistance to a trafficked child.

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.

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 law 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 law shall be irrelevant .

  • Prohibition against Mail-Order Brides
  • Legal Support for the Child and R.A. 9262
  • A brief discussion on Infidelity, Concubinage, Adultery and Bigamy
  • Rule on Violence Against Women and their Children (A.M. No. 04-10-11-SC)
  • Conjugal Partnership of Gains: Property Relations in Marriage

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ra 9208

Oct 26, 2014

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RA 9208. “ANTI-TRAFFICKING IN PERSONS ACT OF 2003”. WHAT IS TRAFFICKING.

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RA 9208 “ANTI-TRAFFICKING IN PERSONS ACT OF 2003”

WHAT IS TRAFFICKING • The most used international law definition is the one contained in Article 3 of the UN Protocol – to PREVENT, SUPPRESS and PUNISH TRAFFICKING in Persons Especially Women and Children, supplementing the UN Conventions against Transnational Organized Crime 2000 and Art 4 of the Council of Europe Convention on action against Trafficking in Human Beings 2005: • “Trafficking in persons” shall mean a- recruitment d- harbouring or b- transportation receipt of persons c- transfer

Others • e- threat or use of force or other forms of coercion • f- of abduction • g- of fraud, of deception • h- of abuse of power or of a position of vulnerability or of giving or receiving of payments or benefits to achieve the consent of a person having a control over another person, for the purpose of exploitation

Exploitation shall include, at a minimum, the exploitation of the prostitution or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs; • Consent of victim is irrelevant

Humans can be trafficked within their national borders or across the borders • Humans are frequently exploited in the sex industry, can be exploited by being used for running drugs, weapons, begging, petty theft, organ theft, for illegal adoption

Problems • The task is not easy. Countries have different legal systems, different policing methods, different levels of resources available and different languages • Much of the “demand” is for sexual services • Victims do not always know that they will be exploited to provide sexual services

INDICATORS • FALSIFICATION OF NAMES & AGES • TAMPERED BIRTH CERTIFICATES • TAMPERED PASSPORTS • EXPIRED OR FALSE LICENSES • FRAUDULENT or PROVISIONARY CONTRACTS • FALSE PROMISES OF WORK • USUALLY HERDED IN GROUPS

Common Modus Operandi Used for International Trafficking • Fraudulent Documentation (falsifying, stealing & other methods of producing fake passports) • Tourist Arrangement (recruits entering other countries as tourists to work illegally) • Overseas Performing Artists (OPAS)-many women recruited under the guise of “overseas performing artists” but usually end up in the sex trade • Escort Services – Escorting tourists or workers to pass through airport and seaport immigration controls

Remedies • Education • Counseling • Information Campaign • Legal System • Legal Support • Support from the government

Use of Trafficked Persons • Any person who buys or engaged the services of trafficked persons for prostitution shall be penalized as follows: • A) First offense –six (6) months of community services 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).

Prescriptive Period • Trafficking Cases shall prescribed in ten (10) years: Provided, however, that trafficking cases committed by a syndicate or in a large scale as defined under Section 6 shall prescribed in twenty (20) years.- Section 6. is about Qualified Trafficking in Persons.

How to Help Victims • AVOID TREATING VICTIMS AS OFFENDERS; • BE SENSITIVE & FRIENDLY; • APPLICATION TO WITNESS PROTECTION PROGRAM; • SAFEHOUSING SERVICES; • VICTIMS COMPENSATION

PREVENTION • CONDUCT EFFECTIVE PRE-DEPARTURE TRAININGS • CREATE TRANSPARENT OVERSEAS EMPLOYMENT POLICY • PROVIDE OVERSIGHT & TRAINING IN TRAFFICKING HOTSPOTS • ADDRESS CULTURAL ACCEPTANCE OF LOWER STATUS OF WOMEN • REDUCE DEMAND FROM ILLICIT SEX & PORNOGRAPHIC MATERIALS

RIGHT BASE APPROACHED • SELF DETERMINATION • BEST INTEREST OF THE VICTIM • NON-DISCRIMINATION • CONFIDENTIALITY • PROTECTION SERVICES • LEGAL SERVICES

HOTLINES • PORTS OF MANILA - (02) 242-0792 • SOUTHERN LEYTE - (0920) 561-1914 • BATANGAS - (043) 722-2408 • BACOLOD - (034) 709-3242 • MATNOG - (0917) 825-4042 • CEBU - (032) 238-2471 • NORTHERN SAMAR - (0919) 800-9529 • ILO-ILO - (033) 320-6200 • DAVAO - (082) 233-2500

INTER-AGENCY COUNCIL AGAINST TRAFFICKING • Secretary, Department of Foreign Affairs; • Secretary, Department of Labor and Employment; • Administrator, POEA • Commissioner, Bureau of Immigration; • Chief, PNP • Chairperson, National Commission on the Role of Filipino Women (NCRFW); • Three representatives from NGO’s with proven record of involvement in the prevention & suppression of trafficking in persons.

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Right Ventricle. Left Ventricle. A1. B1. AC. P AOp. P PAp. AO. PAO. pressure (mmHg). pressure (mmHg). PAC. P LV. MVC. TVC. MVO. P RV. TVO. P LA. P RA. A2. B2. AFF. PFR. AFF. PFR. V RV (ml). V LV (ml). RFF. RFF. A3. B3. A. E. E. A. Q TC (ml/sec).

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RA 221

RA 221. HEALTH PHYSICS Designing for Radiation Safety. CARDINAL PRINCIPLES. TIME DISTANCE SHIELDING. EXPOSURE TIME. MINIMIZE time of exposure Dose is directly proportional to exposure time Total exposure = rate X time Fluoroscopic time is critical Intermittent fluoro

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RA evaluation

RA evaluation

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RA 7877

RA 7877. ANTI-SEXUAL HARASSMENT ACT OF 1995. RA 7877. AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES. SECTION 1. TITLE. THIS ACT SHALL BE KNOWN AS THE ANTI-SEXUAL HARASSMENT ACT OF 1995.

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NEXOF-RA

NEXOF-RA. V Grids@Work: October 2008 Mike Fisher, BT Innovate. Outline. NESSI: a European Technology Platform The NESSI Holistic Model NEXOF - NESSI Open Framework NEXOF-RA: NEXOF Reference Architecture. Why Services?. “Service is something used but not owned”

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Section 141. Roles and Responsibilities of NGO Council members. The NGO members of the Council shall have the following roles and responsibilities:

(a) Assist government agencies in formulating and implementing policies, programs and information, education and communication (IEC) campaign against TIP;

(b) Assist in capability building activities of government personnel and share their experiences and expertise in handling TIP cases;

(c) Coordinate with concerned government agencies, LGUs and other NGOs in reporting alleged perpetrators, rescuing trafficked persons, and cooperate in conducting investigation/ surveillance, if indicated;

(d) Undertake programs and activities for the prevention of TIP, rescue, recovery and reintegration of trafficked persons and other support services for their families;

(e) Document and/or assist in the documentation of TIP cases, including submission of data to the NRRD;

(f) Disseminate guidelines to all its network members, local and international, on policies and programs addressing issues on TIP;

(g) Formulate educational module to address the demand side of TIP;

(h) Consult and coordinate anti-trafficking efforts of other NGOs and civil society organizations (CSOs) in accordance with the sector they represent (i.e. children, women, and OFWs) and report the same to the Council through the Secretariat; and

(i) Perform such other tasks as may be agreed upon by the Council.

Section 142. Roles and responsibilities of other relevant national government agencies. Consistent with their mandates under existing laws, the following agencies shall integrate TIP issues in their strategy and program formulation and implement programs and services for the prevention and suppression of TIP and for the protection of trafficked persons.

Section 143. Assistance of other agencies and institutions. In implementing the Act and these rules and regulations, the agencies concerned may seek and enlist the assistance of NGOs, people’s organizations (POs), civic organizations and other volunteer groups, which will all likewise be encouraged to assume the same roles and responsibilities enumerated in Section 142.

Section 144. Roles and Responsibilities of Local Government Units (LGUs). LGUs shall develop and implement programs to prevent TIP, monitor and document TIP cases, and provide support to trafficked persons including their subsequent rehabilitation and reintegration. To this end, they shall:

(a) Ensure that the Violence Against Women and Children desks in all barangays are activated and staffed by trained personnel who are able to provide immediate and appropriate support to trafficked persons;

(b) Organize and ensure the smooth functioning of a sub-committee on TIP as an integral part of the local anti-trafficking in persons council that shall recommend policies and programs aimed at ensuring the protection of children against TIP and grant honoraria to local antitrafficking in persons committees or council members to ensure total active participation;

(c) Document and monitor cases of TIP in their respective areas of jurisdiction, effect the cancellation of licenses of establishments which violate the provisions of the Act, ensure effective prosecution of TIP cases, and prescribe compliance with the Act as requisite for the issuance and renewal of licenses and permits to establishments within their respective jurisdictions, including internet service providers, internet content hosts, internet cafes and establishments offering Wi-Fi services, tourism enterprises and malls, transportation services, and financial intermediaries;

(d) Ensure the provision of necessary services to trafficked persons, such as temporary shelter, board and lodging, transportation, counseling and documentation, among others;

(e) Coordinate with, refer, and endorse to the DSWD all TIP cases;

(f) Undertake an information campaign against TIP through the establishment of the Migrants Advisory and Information Network (MAIN) desks in municipalities or provinces in coordination with the DILG, PIA, CFO, NGOs and other concerned agencies. They shall develop a system for accreditation among NGOs for purposes of establishing centers and programs for intervention in various levels of the community;

(g) Encourage and support community-based initiatives which address the TIP;

(h) Enact ordinances to localize and strengthen the implementation of the Act by providing local services and programs to trafficked persons and other exploitative behavior;

(i) Develop a system for accreditation of NGOs and CSOs for purposes of establishing centers and programs for interventions in the community;

(j) Submit regular reports to the Council on TIP cases and programs undertaken to prevent and address TIP; and

(k) Provide livelihood grants to support the economic empowerment of poor households, in order to increase their financial capacities and address household crises which force them to engage in TIP.

The Leagues of Provinces, Municipalities and Cities shall recommend measures and ensure the implementation of the LGUs’ roles and responsibilities. LGUs may seek and enlist the assistance of NGOs, POs, civic organizations and other volunteer groups and ensure to provide or include in their annual budget/appropriation funds for the implementation of anti-TIP programs and initiatives.

The DILG shall ensure compliance by LGUs of this provision, investigate violations thereof, and recommend the appropriate filing of an administrative case against erring public officials to the Ombudsman. Any act or omission in violation of this provision, and which is defined and penalized under the RPC or any special law, shall be prosecuted and punished under the applicable law.

Article 5 Duties and Responsibilities of the Private Sector

Section 145. Duties of Internet Intermediaries. Internet intermediaries, including ISPs, internet content hosts, participative network platform providers, financial intermediaries, and electronic money issuers, shall:

(a) Adopt in their terms of services or service agreements with third-party users or creators of contents, products, and services the prohibition of any form of child trafficking, CSAEM or CSAM, or exhibition of any form of sexual exploitation of children in their facilities, infrastructure, server and platforms; Provided, That for foreign internet intermediaries, the terms of service or service agreements of which, whether for one or more contents, products, or services, already incorporate a substantially similar prohibition shall be deemed compliant with this provision; Provided, further, That this requirement applies to terms of service or service agreements with third-party users or creators of contents, products, and services for, or applicable to, products and services accessible from the Philippines.

(b) Cooperate, as far as practicable, with LEAs for the prosecution of offenders and the preservation of evidence, including the provision of subscriber information, traffic data, or both, of any person or subscriber who has committed, is committing or is attempting to commit any violation of the Act upon formal request of duly authorized LEAs, with no need of warrant, and in accordance with due process, pursuant to Section 9 of the Act.

(c) Compile and maintain a comprehensive list of child trafficking, CSAEM or CSAM, or any form of sexual exploitation of childrenrelated Uniform Resource Locators (URLs); Provided, That the list is updated regularly by partnering or coordinating with, or obtaining memberships in, widely-recognized organizations and coalitions that maintain a comprehensive list of child abuse image content, URL list and image hashes, among others.

(d) Preserve and protect the integrity of all subscribers or registration information and traffic data in its control and possession relating to communication services provided by an internet intermediary, within one (1) year from the date of the transaction for the purpose of the investigation and prosecution of all forms of TIP. Provided, That, upon notice by the DOJ, PNP, NBI, or the DICTCICC, the preservation of such relevant evidence shall be extended for another year as may be deemed necessary. Provided however, That the relevant evidence that needs preservation shall be expressly identified and specified. For the purpose of extending the preservation of subscriber’s or registrant’s information and traffic data, the DOJ, PNP, NBI or the DICT-CICC shall coordinate with the internet intermediary.

(e) Immediately block access to, remove, or take down the internet address, URL website, or any content thereof, containing all forms of TIP, CSAEM or CSAM, or any form of sexual exploitation of children, within twenty four (24) hours from notice of the DOJ, PNP, NBI, or the DICT-CICC, or upon knowledge of the existence of an attempt to commit or an actual act of TIP being committed within their control; Provided, That the provision in the preceding paragraph on preservation of subscriber data shall apply and shall be extended as may be deemed necessary by the DOJ, PNP, NBI, or the DICTCICC. “Notice” herein shall mean written notice from the DOJ, PNP, NBI, or DICT-CICC, which states among others:

(1) that it is issued pursuant to Section 9(a)(5) of the Act and Section 145(e) of this IRR;

(2) the name of the issuing agency (i.e. DOJ, PNP, NBI, or the DICT-CICC);

(3) the name and signature of the authorized official in accordance with the rules of the agency;

(4) the date on which it was signed;

(5) the reference to the specific provision of the Act alleged to be violated;

(6) the specific internet address, URL, website, or any content to be blocked/removed/taken down; and

(7) such other facts as may be necessary to show the relevance of the request to the prosecution/investigation. “Knowledge” shall mean actual knowledge of the existence of an attempt to commit or an actual act of TIP being committed within their control, which may include the receipt of reports containing the specific internet address, URL, website, or any content to be blocked/removed/taken down, legal basis for alleged violation with reference to the specific provision of the Act alleged to be violated, and all other facts that the internet intermediaries may deem necessary for them to facilitate a full review of the report. The reports should clearly and distinctly state the facts from which it is apparent that the internet address, URL, website, or any content thereof, contains any form of TIP, CSAEM or CSAM, or any form of sexual exploitation of children.

(f) Report to the DOJ, PNP, NBI, or the DICT-CICC the internet addresses or websites blocked, removed, or taken down, or any form of unusual content or traffic data involving all forms of TIP, child pornography, or any form of sexual exploitation of children that is within three (3) days of the blocking, removal, or taking down of the same; Provided, That in case a foreign internet intermediary is prohibited by its country to share data, the reports filed by such foreign internet intermediary to the corresponding entity tasked by its government to receive cybercrime reports shall be deemed in compliance with this provision; Provided, however, That the said foreign internet intermediary shall inform the DOJ, PNP, NBI, or the DICT-CICC of such reporting; Provided further, That whatever relevant data said foreign internet intermediary is not prohibited to share shall nevertheless be reported to the DOJ, PNP, NBI, or the DICT-CICC; Provided finally, That no internet intermediary shall be held civilly liable for damages on account of any notice given in good faith in compliance with this section.

(g) Upon request and notwithstanding the provisions of R.A. No. 10175, and in accordance with R.A. No. 10173, provide the DOJ, PNP, NBI or the DICT-CICC the subscriber information of any person who gained or attempted to gain access to an internet site or internet application which contains any form of child trafficking, CSAEM or CSAM, or any form of sexual exploitation of children; Provided, That the request must particularly describe the information asked for and indicate the relevancy of such information to such case. The request, which shall be in writing, must:

(1) Be addressed to the custodian of the data;

(2) State that it is issued pursuant to Section 9 (a)(6) of the Act and Section 145(f) of this IRR;

(3) State the name of the issuing agency (i.e. DOJ, PNP, NBI, or the DICT-CICC);

(4) State the name and signature of the authorized official in accordance with the rules of the agency;

(5) State the date of the request;

(6) State that it is issued pursuant to the prosecution/investigation of a person who is alleged to have committed, is committing, or is attempting to commit a violation of the Act and provide the provision that is alleged to have been violated;

(7) State the specific subscriber or account subject of the prosecution/investigation, by indicating the relevant URL or user ID used to identify the particular subscriber or account;

(8) State that the request is for subscriber information;

(9) State the facts necessary to show the relevance of the request to the prosecution/investigation;

(10) Provide the relevant report identification number, if the investigation/prosecution is connected to a report made to an organization tasked by its government to receive cybercrime reports; and

(11) Be submitted pursuant to the process established by the internet intermediary for submitting such requests.

(12) The internet intermediary shall respond to the request in writing including through electronic means.

Nothing in this section may be construed to require internet intermediaries to engage in the monitoring of any user, subscriber, or customer, or the content of any communication of any such person. These duties and obligations shall be without prejudice to other duties and obligations that may be imposed in other laws, particularly when the violations involve OSAEC.

Any person who violates this Section, which is penalized under Section 9 of the Act, shall suffer the penalty of a fine of not less than Two million pesos (2,000,000.00) but not more than Five million pesos (5,000,000.00) for the first offense. In case of subsequent offense, the penalty of a fine of not less than Two million pesos (2,000,000.00) but not more than Ten million pesos (10,000,000.00) and revocation of franchise and license to operate. Without prejudice to the criminal liability of the person or persons willfully refusing to perform the responsibilities under Section 9 of the Act, juridical persons owning or managing the aforementioned enterprises shall be subsidiarily liable and their license or permit to operate may be revoked.

Willful and intentional violations of the duties and responsibilities prescribed herein and under Section 9 of the Act are punishable by six (6) years imprisonment and a fine of not less than five hundred thousand pesos (P500,000.00) as provided under Section 10(f) of the Act.

Section 146. Duties of Owners and Operators of Internet Café, Hotspots and Kiosks, Money Transfer and Remittance Centers, Transport Services, Tourism Enterprises, Malls, and Other Business Establishments Open and Catering to the Public. (a) Owners and operators of internet cafes, hotspots, kiosk, money transfer and remittance centers, transport services, tourism enterprises, malls, and other business establishments open and catering to the public are required to notify the PNP or NBI within forty-eight (48) hours from obtaining facts and circumstances that violations of the Act are taking place within their premises, or that their facilities and services are being used to commit violations of the Act; Provided, That public display of any form of CSAEM or CSAM within their premises is a conclusive presumption of the knowledge of the owners, operators, or lessors of business establishments of the violation of the Act.

(b) Establishments shall promote awareness against TIP through clear and visible signages in both English and the local dialect, with local and national hotlines posted within a conspicuous place in their facilities.

(c) Money transfer and remittance centers shall require individuals transacting with them to present valid government identification cards. Any person who violates this Section, which is penalized under Section 9 of the Act, shall suffer the penalty of a fine of not less than Two million pesos (2,000,000.00) but not more than Five million pesos (5,000,000.00) for the first offense. In case of subsequent offense, the penalty of a fine of not less than Two million pesos (2,000,000.00) but not more than Ten million pesos (10,000,000.00) and revocation of franchise and license to operate. Without prejudice to the criminal liability of the person or persons willfully refusing to perform the responsibilities under Section 9 of the Act, juridical persons owning or managing the aforementioned enterprises shall be subsidiarily liable and their license or permit to operate may be revoked.

Section 147. Responsibilities of Tourism Enterprises. (a) All tourism enterprises shall notify the DSWD, DOJ, DOLE, PNP, or the NBI within fortyeight (48) hours from obtaining facts and circumstances that TIP, including child trafficking or sexual exploitation of children, is being committed in their premises; Provided, That public display of any form of CSAEM or CSAM within their premises is a conclusive presumption of the knowledge of the owners, operators, or lessors of business establishments of the violation of the Act.

(b) All tourism enterprises shall post a notice containing the contact details of TIP hotlines, both national and local, in a conspicuous place near the public entrance, inside rest rooms, elevators, parking areas of the establishment, and in other conspicuous locations where similar notices are customarily posted in clear view of the public and employees. They shall likewise engage in antitrafficking advocacy as part of their corporate responsibility. For this purpose, the Council shall develop a model notice that complies with the requirements of this section and make it available for downloading in its internet website, and for posting of LGUs and tourism enterprises.

(c) All tourism enterprises shall develop their own anti-trafficking tourism policy in accordance with guidelines from Council and the DOT. They shall also, in cooperation with the Council, DSWD, or a reputable NGO focused on antitrafficking in persons, train their employees who are likely to interact or come into contact with trafficked persons in recognizing the signs of TIP and how to report suspected TIP activity to the appropriate LEA. The Council shall, together with the DSWD, develop a training curriculum or program and make the same available for downloading in its internet website.

The preceding responsibilities of tourism enterprises shall be made part of the requirements for accreditation by the local government and for the issuance of the business permit to operate.

Section 148. Responsibilities of Financial Intermediaries. Any financial intermediary or person working for, related to, or who has direct knowledge of any TIP-related financial activity or transaction conducted through a financial intermediary, shall have the duty to report any suspected TIP-related activity or transaction to the concerned LEAs. Likewise, financial intermediaries shall have the duty to report these activities to the AMLC in accordance with the suspicious transaction reporting mechanism under R.A. No. 9160, as amended.

The AMLC shall promulgate the necessary rules and regulations for the implementation of this provision which shall include, among others, the guidelines to determine suspicious activity and indicators that TIP-related activities are being conducted. The AMLC shall provide the necessary guidelines with regard to this provision within three (3) months from the effectivity of the Act.

Notwithstanding the provisions of R.A. No. 1405, as amended (An Act Prohibiting Disclosure of or Inquiry Into, Deposits With Any Banking Institution, And Providing Penalty Therefor), R.A. No. 6426 as amended, (Foreign Currency Deposit Act of the Philippines), R.A. No. 8791 (The General Banking Law of 2000), and other pertinent laws, the LEAs investigating TIP cases may inquire into or examine any particular deposit or investment, including related accounts, with any banking institution or non-bank financial institution; or require financial intermediaries, internet payment system providers, and other financial facilitators to provide financial documents and information, upon order of any competent court based on ex parte application in cases of violations of the Act, when it has been established that there is reasonable ground to believe that the deposit or investments, including related accounts involved, are related to TIP and violations of the Act.

Section 149. Hotels, Transient and Residential Houses, Condominium, Dormitories and Apartments or any Analogous Living Spaces. – All owners, lessors, sub-lessors, operators of hotels, residential homes and dwellings offered for transient use, condominiums, dormitories, apartments, or any analogous living spaces shall notify the PNP or the NBI immediately but not later than forty- eight (48) hours from obtaining facts and circumstances that TIP activities or OSAEC activities are being committed within their premises;

Provided, That actual knowledge by the owners, lessors, sub lessors, operators, or owners, lessors, or sub lessors of other business establishments is required for prosecution under the Act. Provided, further, That the receipt of information that TIP activity has taken place in the premises also gives rise to the duty to notify the PNP or the NBI.

Section 150. Non-violation of R.A. No. 10175 and R.A. No. 10173. The duties and obligations of the above entities as stated herein, when requested by law enforcers, prosecutors, and other investigative bodies through proper processes and done in good faith, shall not be construed as a violation of R.A. No. 10175 and R.A. No. 10173.

Article 6 Sub-national structures against TIP

Section 151. Existing sub-national structures. The existing Regional InterAgency Committee Against Trafficking in Persons and Violence Against Women and Children (RIACAT-VAWC), as well as the Local Committee against Trafficking in Persons and Violence against Women and Children (LCATVAWC) established at the provincial and city/municipality levels pursuant to the Joint Resolution of the Inter-Agency Council Against Trafficking (IACAT) and the Inter-Agency Council on Violence Against Women and Their Children (IACVAWC) adopted by Council on June 14, 2006 and by IAC-VAWC on June 20, 2006 shall continue to exist and function.

As originally contemplated, it shall serve as the policy and program coordinating and monitoring body of anti-trafficking efforts at the local level.

Section 152. Additional function of LCAT-VAWC. The LCAT-VAWC, through the local social workers and in coordination with the barangay officials, shall identify communities and families that are vulnerable to TIP for purposes of providing appropriate interventions. They shall also recommend ordinance to implement local programs and interventions on anti-trafficking in persons.

Section 153. Preparation and submission of reports. The existing subnational structures shall prepare and submit annual reports on local initiatives according to the following schedule:

(a) Every 15th of November – from municipal/component city to provincial local anti-trafficking committee, if present; or from municipal/component city social welfare and development office to provincial social welfare and development office;

(b) Every 30th of November – from provincial/highly urbanized cities (HUC) provincial social welfare and development committee to DSWD Field Office;

(c) Every 15th of December - from DSWD Field Office to IACAT Secretariat.

The Council in coordination with the IACVAWC shall develop standard annual report templates and additional guidelines to ensure timely compliance.

Section 154. Technical assistance and functionality of local structures. The DSWD and DILG shall provide technical assistance to LGUs in organizing or strengthening the LCAT-VAWC. They shall likewise develop templates for local policies and standards on the functionality of these structures in addressing TIP. They shall also promote the utilization of the NRS and the PATD. They shall regularly report to the Council the number of organized local structures and the activities undertaken by the local structures for inclusion in the annual and other reports of the Council.

Section 155. Assistance of other Council member agencies and NGOs. The other member agencies of the Council including other NGOs shall likewise extend assistance to local LGUs in organizing local IAC-VAWCs, especially in building local capacity on developing TIP prevention programs and protection, recovery and reintegration programs for trafficked. They shall report to the Council such assistance and support to LGUs for inclusion in the annual and other reports of the Council and ensure to provide or include in their annual budget/appropriation funds for the implementation of anti-trafficking programs and initiatives.

Article 7 Anti-Trafficking Task Forces and Special Law Enforcement Units

Section 156. Specialized anti-trafficking task forces and/or units. (a) Members of the Council may establish specialized anti-trafficking task-forces or units to implement its mandate under the Act. These specialized units shall:

(1) Exclusively handle cases or reports involving TIP;

(2) Develop expertise of its respective members through the conduct of capacity-building and continuous review and updating of training programs for its members;

(3) Coordinate with the other task forces;

(4) Ensure the implementation of the specific roles and responsibilities of the member agency concerned under the Act and these rules and regulations;

(5) Assist in the establishment of similar units in local areas, as may be necessary, and coordinate with these local task forces.

(b) The existing specialized task forces and units shall continue in its operations in accordance with its respective mandates under the Act and relevant Council Guidelines. These specialized task forces and units include:

(1) Under the DOJ, the National Inter-Agency Law Enforcement Task Force Against Trafficking in Persons (NIATFAT) and the Regional Anti-Trafficking Task Forces (RATTF) established at various airports and seaports including land-based task forces.

(2) Under the PNP, the Women and Children Protection Centers/Desks (WCPDs) nationwide, and a separate and dedicated anti-trafficking in person unit (ATIP Unit) at the national and regional levels.

(3) Under the NBI, Anti-Human Trafficking Division (AHTRAD).

(c) The member agencies shall continually assess and review the operations of these task-forces. The amount necessary for the operations of these specialized units shall be funded by the concerned member agencies and may be supplemented by the Council.

Section 157. Sharing of information and conduct of typology workshops. These specialized task forces and units shall periodically conduct sharing of information sessions, typology workshops and similar activities to allow the exchange of experiences and practices in the conduct of surveillance, interdiction, arrest, investigation and prosecution of TIP cases among the members of various task forces, specialist units and prosecutors toward enhancing strategies and mechanisms to combat TIP.

Article 8 Capacity Building

Section 158. Capacity building framework and human resource development program. The Council, in consultation with member agencies and other stakeholders, shall develop and implement an integrated human resource development program for all government officials and personnel dealing with the issue of TIP. Such plan shall be pursued within the human rights based approach and in a child- and gender-sensitive framework. For this purpose, the Council and its member agencies shall allocate resources to implement the program.

Section 159. Continuous development and updating of manuals, guidelines and other similar instruments. The Council shall continuously develop manuals, guidelines and other similar instruments as may be necessary to enhance victim identification procedures, protection and assistance to trafficked persons, and investigation and prosecution of cases, and strengthen inter-agency collaboration.

RULE IX PROHIBITED ACTS AND PENALTIES

Article 1 Prohibited Acts and Penalties

Section 160. Prohibited Acts and its penalties under R.A. 9208, as amended. The following acts are prohibited under R.A. 9208, as amended:

(a) Acts of trafficking in persons. Section 4 of the Act prohibits any person to commit, by means of a threat, or use of force, or other forms of coercion, or through abduction, fraud, deception, abuse of power or of position, or through taking advantage of the vulnerability of the person, or by giving or receiving of payment or benefit to obtain the consent of a person having control over another person, the following acts:

(1) 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, sexual abuse or sexual exploitation, production, creation, or distribution of CSAEM or CSAM, forced labor, slavery, involuntary servitude, or debt bondage;

(2) To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under R.A. No. 10906 (Anti-Mail Order Spouse Act), any Filipino 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;

(3) 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;

(4) 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;

(5) To maintain or hire a person to engage in prostitution or pornography;

(6) 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;

(7) To adopt or facilitate the adoption of persons, with or without consideration, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage or to facilitate illegal child adoptions or child-laundering, or for other exploitative purposes;

(8) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, provide, offer, receive or abduct a person, for the purpose of removal or sale of organs of said person;

(9) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive or adopt a child to engage in armed activities or participate in activities in the context of an armed conflict in the Philippines or abroad;

(10) To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide or receive a person by means defined in Section 3 of the Act for purposes of forced labor, slavery, debt bondage and involuntary servitude, including a scheme, plan, or pattern intended to cause the person either:

(i) To believe that if the person did not perform such labor or services, he/she or another person would suffer serious harm or physical restraint; or

(ii) To abuse or threaten the use of law or the legal processes;

(11) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide, adopt or receive a child for purposes of exploitation or trading them, including the act of buying or selling a child, or both, for any consideration or barter for purposes of exploitation. TIP for purposes of exploitation of children shall include:

(i) 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;

(ii) The use, procuring or offering of a child for prostitution, for the production CSAEM, or CSAM, for pornographic performances;

(iii) The use, procuring or offering of a child for the production and trafficking of drugs; and

(iv) 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

(12) To organize, provide financial support, or direct other persons to commit the offenses defined as acts of TIP under the Act.

(13) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive, or adopt a child for deployment abroad as migrant worker.

Provided, That when the victim is a child, the means to commit these unlawful acts as enumerated in the first paragraph of this section shall not be necessary;

Provided further, That in the case of overseas domestic work, a “child” means a person below twenty-four (24) years old.

Under Section 10(a) of the Act, any person found guilty of committing any of these acts 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) Acts that promote trafficking in persons. Section 5 of the Act prohibits any person to commit the following acts which promote or facilitate TIP:

(1) To knowingly lease or sublease, use or allow to be used any house, building, tourism enterprise, or any similar establishment; or any vehicle or carrier by land, sea, and air; or any of their computer system or computer hardware, other computer-related devices, or any digital platform and application, for the purpose of promoting TIP;

(2) To produce, print and issue or distribute unissued, tampered or fake passports, birth certificates, affidavits of delayed registration of births, foundling certificates, travel clearances, counseling certificates, registration stickers, overseas employment certificates or other certificates of any government agency which issues these certificates, decals and such other markers as proof of compliance with government regulatory and pre-departure requirements for the purpose of promoting TIP;

(3) 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 TIP;

(4) 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 TIP;

(5) 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, knowing they are not in possession of required travel documents, or in possession of tampered, fake, or fraudulently acquired travel documents, for the purpose of promoting TIP;

(6) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in furtherance of TIP or to prevent them from leaving the country or seeking redress from the government or appropriate agencies;

(7) 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;

(8) To tamper with, destroy, or cause the destruction of evidence, or to influence or attempt to influence witnesses, in an investigation or prosecution of a case under the Act;

(9) To destroy, conceal, remove, confiscate or possess, or attempt to destroy, conceal, remove, confiscate or possess, any actual or purported passport or other travel, immigration or working permit or document, or any other actual or purported government identification, of any person in order to prevent or restrict, or attempt to prevent or restrict, without lawful authority, the person’s liberty to move or travel in order to maintain the labor or services of that person; (10) To utilize his or her office to impede the investigation, prosecution or execution of lawful orders in a case under the Act;

(11) For internet intermediaries to knowingly or by gross negligence allow their internet infrastructure to be used for the purpose of promoting TIP;

(12) For internet cafes, kiosks, and hotspots, including establishments offering Wi-Fi access services to the public, to knowingly or by gross negligence allow their facilities to be used for the purpose of promoting TIP;

(13) For financial intermediaries, including banks and credit card companies and money transfer or remittance centers, to knowingly or by gross negligence allow their services, online platform and applications, among others, to be used for the purpose of promoting TIP;

(14) To knowingly or by gross negligence facilitate, assist, or help in the entry into the country of persons who are convicted sex offenders whether at international and local airports, territorial boundaries, and seaports for the purpose of promoting TIP; or

(15) To arrange, facilitate, expedite, or cause the introduction or encounter of persons who are suspected or convicted sex offenders in any jurisdiction, to a child. The actual introduction or encounter need not occur to be liable under this provision. It is enough that there is a deliberate attempt to cause the introduction or encounter.

Under Section 10(d) of the Act, any person found guilty of committing any of these acts 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).

Any person who violates Section 161(13), which is prohibited under Section 5(m) of the Act, shall be deemed to have committed unlawful activities and shall be penalized for money laundering as defined in R.A. No. 9160, as amended.

(c) Violation of Confidentiality. Section 7 of the Act prohibits:

(1) 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 electronic information technology to cause publicity of the name, personal circumstances, or any information tending to establish the identity of the trafficked person except when the trafficked person in a written statement duly notarized knowingly, voluntarily and willingly waives said confidentiality.

(2) Any law enforcement officers, prosecutors, judges, court personnel, social workers and medical practitioners to whom the complaint has been referred to disclose to the public the name and personal circumstances of the trafficked person or any other information tending to establish the identity of the trafficked person and his/her family shall not be disclosed to the public.

Under Section 10(f) of the Act, any person found guilty of committing any of these acts 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).

(d) Use of trafficked persons. Section 11 of the Act prohibits any person to buy or engage the services of a trafficked person for prostitution.

Provided, That P.D. No. 968 (Probation Law) shall not apply, any person found guilty of this act shall suffer the penalty of:

(1) Prision Correccional in its maximum period to prision mayor or six (6) years to twelve (12) years imprisonment and a fine of not less than Fifty thousand pesos (P50,000.00) but not more than One hundred thousand pesos (P100,000.00); Provided, however, That the following acts shall be exempted thereto:

(2) If the offense under involves sexual intercourse or lascivious conduct with a child, the penalty shall be reclusion temporal in its medium period to reclusion perpetua or seventeen (17) years to forty (40) years imprisonment 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);

(3) If it involves carnal knowledge of, or sexual intercourse with, a male or female trafficking victim and also involves the use of force or intimidation, to a victim deprived of reason or to an unconscious victim, or a victim under twelve (12) years of age, instead of the penalty prescribed in the subparagraph above the penalty shall be a fine of not less than One million pesos (P1,000,000.00) but not more than Five million pesos (P5,000,000.00) and imprisonment of reclusion perpetua or forty (40) years imprisonment with no possibility of parole; except that if the offender knows the person that provided prostitution services is in fact a trafficked person, the offender shall be penalized under Section 10 as a person violating Section 4 of the Act; and if in committing such an offense, the offender also knows a qualifying circumstance for trafficking, the offender shall be penalized under Section 10 for qualified trafficking. If in violating this section the offender also violates Section 4, the offender shall be penalized under Section 10 and, if applicable, for qualified trafficking instead of under this section;

(e) Deportation. If a foreigner commits any offense described by paragraph (1) or (2) of this Section or violates any pertinent provision of the Act as an accomplice or accessory to, or by attempting any such offense, he/she shall be immediately deported after serving his or her sentence and be barred permanently from entering the country; and

(f) Public official. – If the offender is a public official, he or she shall be dismissed from service and shall suffer perpetual absolute disqualification to hold public office, in addition to any imprisonment or fine received pursuant to any other provision of the Act.

Section 161. Attempted Trafficking in Persons. Section 4(b) of the Act prohibits the attempt to commit any of the offenses enumerated in Section 4 thereof. Where there are acts to initiate the commission of a TIP 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 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 DSWD, 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.

Under Section 10 (b) of the Act, any person found guilty of committing attempted trafficking in persons 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).

Section 162. Accomplice Liability. – Section 4(b) of the Act prohibits any person who knowingly aids, abets, cooperates in the execution of any of the offenses defined in the Act by previous or simultaneous acts shall be punished as an accomplice under Section 10(c) of the 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).

Section 163. Accessory. – Whoever has the knowledge of the commission of the crime, and without having participated therein, either as principal or as accomplice, take part in its commission in any of the following manners:

(a) By profiting himself/herself for 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; or

(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. Under Section 10(d) of the Act, any person found guilty of committing any of these 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).

Section 164. Qualified Trafficking in Persons. – The acts of trafficking in persons under Section 6 of the Act shall be considered as qualified trafficking:

(a) When the trafficked person is a child; Provided, That acts of OSAEC shall be without prejudice to appropriate investigation and prosecution under other related laws;

(b) When the adoption is effected through R.A. No. 8043 (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 a spouse, 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;

(g) When by reason or on occasion of the act of TIP, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS);

(h) When the offender, commits one or more acts of trafficking under Section 4 of the Act over a period of at least sixty (60) days, whether those days are continuous or not;

(i) When the offender or through another, directs or manages the actions of a victim in carrying out the exploitative purpose of TIP;

(j) When the crime is committed during a crisis, disaster, public health concern, pandemic, a humanitarian conflict, or emergency situation, or when the trafficked person is a survivor of a disaster or a humaninduced conflict;

(k) When the trafficked person belongs to an indigenous community or religious minority and is considered a member of the same;

(l) When the trafficked person is a person with disability (PWD);

(m) When the crime has resulted in pregnancy;

(n) When the trafficked person suffered mental or emotional disorder as a result of being victim of TIP; or

(o) When the act is committed by or through the use of ICT or any computer system.

Under Section 10(e) of the Act, any person found guilty of qualified trafficking 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).

Article 2 Application of Penalties and Other Sanctions

Section 165. Application of Penalties and Other Sanctions. (a) In every case, conviction shall cause and carry the automatic revocation of the license or registration of the recruitment agency involved in TIP. When the trafficked person is a child, the license of a recruitment or manning agency shall be automatically revoked and shall be penalized with a fine of not less than One million pesos (P1,000,000.00) but not more than Three million pesos (P3,000,000.00) per recruited underage migrant worker. All fees pertinent to the processing of papers or documents in the recruitment or deployment of the underage migrant worker shall be refunded by the responsible recruitment or manning agency, without need of notice, to the underage migrant worker or to the latter’s parent or guardian. The refund shall be independent of and in addition to the indemnification or damages sustained by the underage migrant worker. The refund shall be paid within thirty (30) days from the date of the mandatory repatriation.

(b) Any person who files a complaint against another for violations of the Act and such complaint has been found to be with malice and solely for the purpose of harassing, persecuting or subjecting the latter to unwarranted surveillance or wire-tapping, or both, shall suffer the penalty of imprisonment of not more than one (1) year 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) 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, or any responsible officer, or any two (2) or more of them, who participated in the commission of the crime or who shall have permitted or knowingly failed to prevent its commission;

(d) The registration with the Securities and Exchange Commission (SEC) or the DTI and license to operate of the erring agency, corporation, association, religious group, tour or travel agent, club or establishment, any place of entertainment, or any of the enumerated entities under Section 9 of the Act, 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;

(e) If the offender is a foreigner, he/she shall be immediately deported after serving his/her sentence and be barred permanently from entering the country. ᇈWᑭHIL

(f) Any employee or official of government agencies who shall issue or approve the issuance of travel exit clearances, passports, registration certificates, counselling 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 the Act. The concerned government officials or employees shall, upon conviction, be dismissed from the service and be barred permanently to hold public office and their retirement and other benefits shall likewise be forfeited;

(g) Public or government officials and employees who are found guilty of any violation of this Act shall be punished with dismissal or removal from office after due notice and hearing by the appropriate agency. In addition, such official or employee shall suffer perpetual absolute disqualification to hold public office and forfeiture of all retirement and other benefits; and

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

Section 166. Confiscation and Forfeiture of the Proceeds and Instruments Derived from TIP. In addition to the penalty imposed for the violation of the 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.

RULE X FINAL PROVISIONS

Article 1 Appropriations and Other Funding Sources

Section 167. Funding. The amount necessary to implement the provisions of the Act shall be charged against the current year’s appropriations of the Council under the budget of the DOJ and the appropriations of the other concerned departments. Thereafter, such sums necessary for the continued implementation of the Act shall be included in the annual General Appropriations Act.

Section 168. Additional funds for the Council. The amount collected from every penalty, fine or asset derived from any violation of the Act shall be earmarked as additional funds for the use of the Council. The fund may be augmented by grants, donations and endowment from various sources, domestic or foreign, for purposes related to their functions, subject to the existing accepted rules and regulations of the Commission on Audit.

Section 169. Establishment of a Trust Fund; Sources. The Council shall establish and manage a Trust Fund which shall be sourced from all fines imposed under the Act and the proceeds and properties forfeited and confiscated pursuant to Section 14 of the Act, as well as those collected by the AMLC 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 TIP and protect, rehabilitate, reintegrate trafficked persons into the mainstream of society.

Section 170. Utilization. The Trust Fund shall be used exclusively for programs that will prevent acts of TIP and assist, 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 the Act;(b) Sponsorship of a national research program on TIP and establishment of a data collection system for monitoring and evaluation purposes;

(c) Provision oPovernment agencies and NGOs;

(d) Sponsorship of conferences and seminars to provide venue for consensus building among the public, the academe, government, NGOs and international organizations; and

(e) PromotioPnd may also be used to support the operations of the Secretariat.

Section 171. Augmentation of agency funds. Subject to existing government accounting and auditing rules and regulations, the Council may augment agency and member-NGO funds for implementation of special programs and services for trafficked persons.

Section 172. Use and Disbursement of Trust Fund. The use and disbursement of the Trust Fund shall be subject to the approval of at least twothirds (2/3) of the members of the Council and shall be governed by existing government accounting and auditing rules and regulations.

Section 173. Inclusion in Agency Appropriations. The heads of department, agencies concerned and LGUs shall include in their annual appropriations the funding necessary to implement programs and services required by the Act and these rules and regulations.

National government agencies and LGUs may include the programs, projects and activities required to carry out their mandate under the Act and these rules and regulations in their annual Gender and Development (GAD) Plan and Budget, in accordance with the GAD Planning and Budgeting Guidelines issued by the PCW.

Article 2 Miscellaneous

Section 174. Saving Clause. The provisions of R.A. No. 7610 remain applicable and shall not in any way be amended or repealed by the provisions of the Act.

Section 175. Amendment. This Implementing Rules and Regulations (IRR) maybe amended, modified or supplemented by the Council when necessary for effective implementation and enforcement of R.A. No. 9208, as amended.

Section 176. Separability Clause . The declaration of invalidity of any part of the rules and regulations or part thereof shall not affect the validity of the remaining provisions.

Section 177. Repealing Clause . Pertinent provisions of rules, regulations, and resolutions contrary to or inconsistent with the provisions of the Act and this IRR are hereby repealed or modified accordingly.

Section 178. Effectivity . These rules and regulations shall take effect fifteen (15) days after its complete publication in the Official Gazette.

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IMAGES

  1. PPT

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  2. Republic Act 9208 or the Anti-Trafficking in Persons Act of 2003, as

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  3. Brochure RA-9208 amended by RA10364

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COMMENTS

  1. Alamin ang batas laban sa child trafficking

    5. BINIBIGYANG-SALA SA R.A. 9208? Bukod sa mga pananamantalang mga gawain katulad ng illegal recruitment, prostitusyon, pornograpiya, pang-aalipin, sapilitang pagtatrabaho, pagtatangal at pagbebenta ng mga bahagi ng katawan, kabilang din dito ang bride trade, sex tourism, sapilitang paninilbihan ng tao bilang kabayaran sa utang, at pag-recruit o pag-ampon ng bata para sumali sa hukbo.

  2. Anti-Trafficking Act protects victims, punishes offenders

    3. a.) Definition of terms 1.) 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 ...

  3. Batas Laban sa Trafficking RA 9208

    1.Upang mapangalagaan ang karapatan ng biktima, ang pagdinig sa kaso ng trafficking ay confidential. Mahalaga ang privacy ng biktima at akusado sa anumang antas ng imbestigasyon ng kaso. 2. Hindi rin maaaring parusahan ang biktima para sa mga krimeng nagawa lamang bilang pagsunod sa mga kagustuhan ng may-sala.

  4. Republic Act 9208 or the Anti-Trafficking in Persons Act of 2003, as

    Republic Act 9208 or the Anti-Trafficking in Persons Act of 2003, as amended byRA 10364 also known as the Expanded Anti-Trafficking in Persons Act of 2012 Frequently Asked Questions 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 continue reading : FAQs Republic Act 9208 or the Anti ...

  5. R.A. 9208: Anti-Trafficking in Persons Act of 2003

    This Act shall be known as the "Anti-Trafficking in Persons Act of 2003". SEC. 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 ...

  6. PDF Primer on

    purview of R.A. 9208 as amended by RA 10364. The three (3) elements are: 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;

  7. PDF Anti-trafficking in Persons Act of 2003

    No.9208, otherwise known as the "Anti-Trafficking in Persons Act of 2003", which institutes policies to eliminate trafficking in persons especially women and children, establishes the necessary institutional mechanisms for the protection and support or trafficked persons and provides penalties for its violations;

  8. Official Gazette of the Republic of the Philippines

    Learn about the 2022 implementing rules and regulations of the anti-trafficking law in the Philippines, its policies, mechanisms, and penalties.

  9. REPUBLIC ACT NO. 9208 (Anti-Trafficking in Persons Act of 2003 ...

    REPUBLIC ACT NO. 9208 (Anti-Trafficking in Persons Act of 2003).ppt - Free download as Powerpoint Presentation (.ppt), PDF File (.pdf), Text File (.txt) or view presentation slides online. 'AntiTrafficking in persons act of 2003' establishes policies to eliminate trafficking in persons. It also establishes institutions for the protection and support of traffed persons.

  10. PDF Philippine Commission on Women

    Philippine Commission on Women

  11. Anti-Trafficking in Persons Act of 2003 (RA 9208): A Primer

    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. 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 ...

  12. RA 9208 As Amended by RA 10364

    RA 9208 as Amended by RA 10364 - Free download as Powerpoint Presentation (.ppt / .pptx), PDF File (.pdf), Text File (.txt) or view presentation slides online. The document outlines the elements of trafficking in persons according to Philippine law. It defines the acts of trafficking to include recruitment, transportation, transfer, harboring or receipt of persons.

  13. Anti-Trafficking in Persons Act of 2003 (RA 9208): A Primer

    Any person who buys or engages the services of trafficked persons for prostitution shall be penalized as follows: First offense: 6 months of community service as may be determined by the court and a fine of P50,000. Second and subsequent offenses: Imprisonment of 1 year and a fine of P100,000.

  14. PDF Republic Act 9208

    No abbreviation - section or provisions of RA 9208 has been entirely preserved-----The Anti-Trafficking in Persons Act (Republic Act No. 9208, as Amended by Republic Act No. 10364 AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED ... Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring ...

  15. PPT

    Presentation Transcript. RA 9208 "ANTI-TRAFFICKING IN PERSONS ACT OF 2003". WHAT IS TRAFFICKING • The most used international law definition is the one contained in Article 3 of the UN Protocol - to PREVENT, SUPPRESS and PUNISH TRAFFICKING in Persons Especially Women and Children, supplementing the UN Conventions against Transnational ...

  16. Anti-Trafficking in Persons Act Powerpoint Presentation

    Anti-Trafficking in Persons Act Powerpoint Presentation - Free download as Powerpoint Presentation (.ppt), PDF File (.pdf), Text File (.txt) or view presentation slides online. Law Course

  17. PDF Republic Act No 9208

    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 o force, or other forms of coercion, abduction, fraud, deception, abuse ...

  18. PDF RA 9208 (Inner Page)

    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. 2. Acts that Promote TIP - includes all acts that encourages or facilitates TIP such as: • using one's office to impede the inves ga on, prosecu on or execu on of lawful orders in ...

  19. PDF Rules and Regulations Implementing Republic Act No. 9208, Otherwise

    RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 9208, OTHERWISE KNOWN AS THE "ANTI-TRAFFICKING IN PERSONS ACT OF 2003" Pursuant to the authority of the Inter-Agency Council Against Trafficking ... National Commission on the Role of Filipino Women (NCRFW) as Member; (i) One (1) representative from an NGO representingthe women sector as

  20. 2022 Implementing Rules And Regulations of Republic Act (R.A.) No. 9208

    Section 1. Title. These rules and regulations shall be known and cited as "The 2022 Revised Rules and Regulations Implementing Republic Act No. 9208, as amended". Section 2. Purpose. These rules and regulations are hereby promulgated to prescribe the procedures and guidelines for the implementation of R.A. No. 9208, as amended, in order to ...

  21. The Anti-Trafficking in Persons Act: Doj Iacat

    R.a. 9208 as Amended Presentation - Free download as Powerpoint Presentation (.ppt), PDF File (.pdf), Text File (.txt) or view presentation slides online. 15 yrs + P500,000-P1M