The Anti-Trafficking in Persons Act

DOJ IACAT
Republic Act
No. 9208
The Anti-
Trafficking in
Persons Act of
2003
As amended by
Republic Act No.
10364
AN ACT EXPANDING REPUBLIC ACT
NO. 9208
What the human
How they do it? Why they do it?
traffickers do?
DEFINITION OF TRAFFICKING IN PERSONS (Section 3[a])

ACTS 1. Not an exclusive enumeration

2. Movement/transport is not
an essential element
3. Consent or knowledge irrelevant
MEAN
4. If a child, the means are irrelevant
S

EXPLOITATIVE
PURPOSE

TRAFFICKING
Who is a child?

Child refers to a person

below 18 years of age or one
who is over 18 but is unable
to fully take care of or
protect himself/herself from
abuse, neglect, cruelty,
exploitation, or
discrimination because of a
 If a victim is a
child:
ACTS

EXPLOITATIVE
PURPOSE

TRAFFICKING
DEFINITION OF TRAFFICKING IN PERSONS (Section 3[a])

ACTS MEAN EXPLOITATIVE

S PURPOSE
Recruitm
ent
People v. Lalli, Crim. Case. Nos. 21908 &
21930
November 29, 2005
Zamboanga City

There is some overlap between R.A. 9208

and R.A. 8042, known as the Migrant
Workers and Overseas Filipinos Act of
1995. Prosecution under one does not bar
prosecution under the other.
refers to 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
DEFINITION OF TRAFFICKING IN PERSONS
(Section 3[a])

ACTS MEAN EXPLOITATIV

S E PURPOSE
DEFINITION OF TRAFFICKING IN PERSONS (Section 3[a])

EXPLOITATIVE
ACTS MEAN
PURPOSE
S
Prostitution
Other forms of sexual
Exploitation
Forced Labor or
Services/Slavery
Involuntary Servitude
Removal or sale of Organs
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
"Child pornography" refers to any
representation, whether visual, audio,
or written combination thereof, by
electronic, mechanical, digital,
optical, magnetic or any other means,
of child engaged or involved in real or
simulated explicit sexual activities.
(Sec 3[b], R.A. 9775)
What is forced labor and
slavery?

Slavery - refers to the status or

condition of a person over whom any
or all of the powers attaching to the
right of ownership are exercised
Involuntary Servitude - refers to a condition
of enforced and compulsory service induced by
means of any scheme, plan or pattern, intended
to cause a person to believe that if he or she did
not enter into or continue in such condition, he or
she or another person would suffer serious harm
or other forms of abuse or physical restraint, or
threat of abuse or harm, or coercion including
depriving access to travel documents and
withholding salaries, or the abuse or threatened
abuse of the legal process.
 Debt Bondage refers to the
pledging by the debtor of his/her
personal services or labor or those of
a person under his/her control as
security or payment for a debt, when
the length and nature of services is
not clearly defined or when the value
of the services as reasonably
assessed is not applied toward the
liquidation of the debt.
PEOPLE VS. CASTRO
Crim. Case No. CBU-71993, July 20, 2007
Facts:
Cebu City
On December 3, 2004, NBI agents conducted an
entrapment operation at the Garwood Hotel.
Agents Dagdag and Toledo, along with IJM
operatives, posed as customers in a hotel
room, while the two accused, Castro and
Cuico, brought nine girls into the room.

One of the accused asked the agents to choose

a girl as a sexual partner. Agent Dagdag
chose a girl and handed over 1,500 pesos in
PEOPLE VS. CASTRO
Crim. Case No. CBU-71993, July 20, 2007
Cebu City as Dagdag handed
As soon
over the money, he
introduced himself as an
NBI agent. Both accused
were placed under
arrest. The nine girls
were placed in DSWD
custody. One of the girls
was 15 years old, as
proven by birth
certificate.
PEOPLE VS. CASTRO
Crim. Case No. CBU-71993, July 20, 2007
Questions:
Cebu City
1. Was there a valid warrantless
arrest?
2. Was there prostitution involved?
3. What was the offense committed
by Castro or Guico?
4. Is a birth certificate sufficient to
prove minority of the victim?
PEOPLE VS. CASTRO
Crim. Case No. CBU-71993, July 20, 2007
Decision:
Cebu City
Castro and Cuico are found guilty
beyond reasonable doubt of
qualified trafficking.

They are both sentenced to life

imprisonment and a fine of 3
million pesos.

Each accused must pay all nine

victims 50,000 pesos in moral
PEOPLE VS. CASTRO
Crim. Case No. CBU-71993, July 20, 2007
Holding:
For a conviction of qualified trafficking in persons,
Cebu only
Cityone of the trafficked persons needs to be a
child; there is no need for all of the trafficked
persons to be minors.

Age is established following the guidelines

mentioned in People v. Pruna. (Birth certificates
are best, followed by baptismal certificates and
school record. A child can be presumed under a
certain age only with the testimony of a credible
family member when the alleged age is a large
range below the legal cutoff date.

The exploitative act of prostitution is consummated

DEFINITION OF TRAFFICKING IN PERSONS (Section 3[a])

ACTS MEAN EXPLOITATIVE

S PURPOSE
X = Consummated Act
= Criminal Intent
How do you prove criminal intent?

Intent is a mental state, the existence of which

is shown by the overt acts of the
person(Soriano vs. People, 88 Phil. 368,
374).
The Anti-Trafficking in Persons Act

DOJ IACAT
The Anti-Trafficking in Persons Act

DOJ IACAT
Punishable Acts
a) Recruit, transport, transfer, etc. under
pretext of employment
b) Introduce or match for marriage
c) Offer or contract marriage
d) Sex tourism
e) Maintain or hire for sexual exploitation
f) Adoption by any form of consideration
g) Adoption
h) Sale or removal of organs
i) Armed activities
(j) To recruit, transport, transfer, harbor, obtain,
maintain, offer, hire, provide or receive a person by
means defined in Section 3 of this Act for purposes of
forced labor, slavery, debt bondage and
involuntary servitude, including a scheme,
plan, or pattern intended to cause the person either:
(1) To believe that if the person did not perform such
labor or services, he or she or another person would
suffer serious harm or physical restraint; or
(2) To abuse or threaten the use of law or the legal
processes;
(k) To recruit, transport, harbor, obtain,
transfer, maintain, hire, offer, provide,
adopt or receive a child for purposes of
exploitation or trading them, including but
not limited to, the act of baring and/or
selling a child for any consideration or for
barter for purposes of exploitation.
Slavery, involuntary servitude, debt bondage,
forced labor, armed conflict
Prostitution or pornography
Drug trafficking
Activities harmful to health, safety or morals
 To organize or direct other persons
(l)
to commit the offenses defined as acts
of trafficking under this Act.

Penalty: 20yrs imprisonment

+ P1M-P2M Fine
Where victim is a child:
a) Facilitate travel abroad of child alone without
valid reason and permit (of
parents/guardian/DSWD)
b) Execute consent to adopt for consideration
c) Recruit woman to bear child to be sold
d) Simulate birth to sell child
e) Solicit and acquire custody of child to be sold

Penalty: 15 yrs + P500,000-P1M

Established the liability of persons who knowingly
aids or conspire with the offender to commit
trafficking in persons.

Penalty: 15-years of imprisonment + fine of

P500,000.00 to P1 Million, with automatic
revocation of recruitment license upon conviction.
If the victim is a child the recruitment
license shall be automatically revoked.
ACCESSORIES.
- HAS THE KNOWLEDGE OF THE
COMMISSION OF THE CRIME,
- but NO PARTICIPATION
-TAKE PART OF ITS COMMISSION BY:

1. BY PROFITING THEMSELVES OR ASSISTING

THE OFFENDER TO PROFIT BY THE EFFECTS
OF THE CRIME;
2. BY CONCEALING OR DESTROYING THE BODY
OF THE CRIME OR EFFECTS OR
INSTRUMENTS THEREOF, IN ORDER TO
PREVENT ITS DISCOVERY;
 3. BY HARBORING, CONCEALING OR ASSISTING
IN THE ESCAPE OF THE PRINCIPAL OF THE
CRIME, PROVIDED THE ACCESSORY ACTS
WITH ABUSE OF HIS PUBLIC FUNCTIONS
OR IS KNOWN TO BE HABITUALLY GUILTY
OF SOME OTHER CRIME.

Penalty: 15 yrs + P500,000-P1M

a) Trafficked person is a child
b) Adoption effected through the
Inter-Country Adoption Act
c) Syndicate or large scale
d) Offender is spouse, ascendant,
parent, sibling, guardian or
person with authority over
trafficked person
Qualified Trafficking in Persons
Sec. 6

e) Trafficked person recruited for

prostitution with member of military or
law enforcement agency

f) Offender is a member of the military or

law enforcement agency

g) Trafficked person dies, suffers

mutilation, or is afflicted with HIV or
AIDS
Qualified Trafficking in Persons Sec. 6
a) Lease or sublease, use or allow to be used
any house, building or establishment
b) Produce, print and issue or distribute
unissued, tampered or fake counseling
certificates, registration stickers, overseas
employment certificates or other
certificates, decals and such other
markers of any government agency as
proof of compliance with government
regulatory and pre-departure requirements
c)Advertise, publish, print, broadcast or
distribute or cause the advertisement,
publication, printing, broadcasting or
distribution by any means of any brochure,
flyer, or any propaganda material

d) Assist in the conduct of misrepresentation or

fraud to facilitate the acquisition of clearances
and exit documents from government agencies
 Section 5 Acts that Promote Trafficking in
Persons
e) 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 possess unissued, tampered or fraudulent travel
documents
f) 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
g) 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
(h) tamper/ destroy/ cause the destruction of
evidence, or influence/attempt to influence
witnesses, in an investigation or prosecution of a TIP
case ;
(i) destroy/conceal/remove/confiscate/possess, or
attempt to destroy, etc any passport or other travel,
immigration or working permit or document or
identification, of any person in order to prevent or
restrict, or attempt to prevent etc, the persons
liberty to move or travel
(j) To utilize ones office to impede the investigation,
prosecution or execution of lawful orders
Any person who buys or engages the services
of trafficked persons for prostitution

Penalty is now considerably higher. 6-12-years

+ Fine <P100,000
(Prisin Correccional in its maximum period
to prision mayor)
NOT PROBATIONABLE
be dismissed from service
suffer perpetual absolute
disqualification to hold public
office

Note: Specifically for use of

trafficked person only
 At any stage (now includes rescue), law
enforcement officers, prosecutors, judges, court
personnel, social workers and medical
practitioners, and parties must recognize the right to
privacy of the trafficked person. (the offender is
no longer included)

Name & personal circumstances or other information

tending to establish identities of the victim and
his/her family shall not be disclosed to the public.

Law enforcement officers, prosecutors and judges to

whom the complaint has been referred may order a
closed-door investigation, prosecution or trial.
Law enforcement agencies are mandated to
immediately initiate investigation and counter-
trafficking-intelligence gathering upon receipt
of statements or affidavit from victims of
trafficking, migrant workers, or their families
who are in possession of knowledge or
information about trafficking in persons cases.
Anyone with personal knowledge
The trafficked person/victim
The parents, spouse, siblings,
children or legal guardian of the
victim
 Question: Is the testimony of
victims indispensable in the
prosecution of Trafficking in
Persons cases?
PEOPLE VS. SANCHEZ
Crim. Case No. 05-239627-31, October, 2009
Manila
Facts:

Accused, a gay that molests young boys and sells

them to prostitution, was arrested during an
entrapment operation conducted jointly by the
PNP, DSWD, and IJM.

He was charged with one count of violation of

Section 5(a), Article 11of RA 7610 and four
counts of violation of RA 9208.
PEOPLE VS. SANCHEZ
Crim. Case No. 05-239627-31, October, 2009
Manila
Decision:

Accused was found guilty beyond reasonable

doubt for four counts of violation of RA 9208
and was sentenced to suffer the penalty of
Prision Mayor maximum for each count.

Court noted that though minor J V P didnt file

any complaint against the accused because he
is afraid, he was able to testify in details the
sexual exploitations done by the accused to
minor complainants/victims.
TIP cases involving trafficking in persons
should not be dismissed based on the affidavit
of desistance executed by the victims or their
parents or legal guardians.

Any act involving the means provided in this

Act or any attempt thereof for the purpose
of securing an Affidavit of Desistance from
the complainant shall be punishable under
this Act.
Where the offense was committed
Where any of its elements occurred
Where the trafficked person actually
resides at the time of the offense
The Court where the criminal action is
first filed acquires exclusive
jurisdiction.
General rule - 10 years from the
day when the victim is delivered or
released from the conditions of
bondage (time of escape/rescue) in
the case of a child victim,
from the day the child
reaches the age of majority,
Exception - 20 years applies:
a)if trafficking committed by a
syndicate or in a large scale
b)If victim is a child
recognized as victims
will not be penalized for unlawful acts committed
as a direct result of, or as an incident or in relation
to, being trafficked based on the acts of trafficking
enumerated in this Act or in obedience to the
traffickers order in relation to the trafficking
The victims consent to the exploitation is
irrelevant
Victims of trafficking for prostitution under
Sec. 4 can not be prosecuted or penalized
under Art. 202 of the Revised Penal Code.
Providing authority to a law enforcement
officer, to immediately place the victim in
the immediate custody of the DSWD or any
accredited or license shelter institution.
It provides for the following:

1.Immunity from suit of service providers

It afforded protection to any law enforcement,
social worker or persons acting in compliance of a
lawful order from action or suit for acts done in
good faith during rescue operation, investigation
or prosecution of trafficking cases.

2.Any retaliatory suits filed against the victims of

trafficking are directed to be held in abeyance
pending final resolution or decision of trafficking
case.
3.Prohibition against POEA, law enforcers,
prosecutors, and judges to urge complainants to
abandon the criminal, civil and administrative
complaint.

4.Remedies of injunction or attachment of property

of traffickers may be issued motu proprio by judges
The crime is a continuing offense
which commenced in the Philippines
and other elements were committed in
another country.
This applies if the offender :
Is a Filipino citizen; or
Is a permanent resident of the Philippines;
or
Has committed the act against a citizen of
the Philippines.