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Anti-Trafficking Prosecution Guidebook

Volume I

Prosecuting Trafficking in Persons Under R.A. No. 9208

Anti-Trafficking Prosecution Guidebook


Volume I Prosecuting Trafficking in Persons Under R.A. No. 9208

RESEARCH TEAM Atty. Yvonne C. Artiaga Atty. Mark Anthony C. del Mundo Atty. Samson R. Inocencio, Jr. Atty. Giovanni A. Luna Atty. Liza C. Tan Sheila S. Myung Grace T. Cheng Jaime H. Oh ADMINISTRATIVE TEAM Myrheyna B. Alcoriza Mavilene Simonette G. Bas Haley A. Bolin Liza C. Collste Maricon D. Dumagat Rhea Stephanie E. Mina Ria R. Vivar ADVISER Atty. Andrey M. Sawchenko

2008 International Justice Mission, Inc. www.ijm.org

Acknowledgment
IJM is grateful for the invaluable contributions of everyone who helped bring this book into light, and would like to particularly thank the following people: We thank the reviewers who, in spite of their busy schedules, patiently went through the legal briefs that are now a part of this book. We especially thank the invaluable insights of Judge Marilyn Lagura-Yap, Judge Meinrado B. Paredes, Judge Gabriel T. Ingles, Regional State Prosecutor Antonio Arellano, Chief Provincial Prosecutor Pepita Jane A. Petralba, and Atty. Joanne Saniel. We thank Atty. Nina Patricia Sison-Arroyo for graciously sharing her inputs from her extensive experience in prosecuting trafficking in persons cases. Her book, Seek Justice Vol. 3: Combating Child Trafficking for Prostitution in the Philippines is excellent resource material for several legal issues discussed in this book. Finally, we would like to thank Provincial Prosecutor Gregorio Arizala for his legal expertise, thoughtful and scholarly articulation of the provisions of R.A. 9208 and relevant jurisprudence, and patience in reviewing this book.

INTRODUCTION . 6 I. CHAPTER ONE: REPUBLIC ACT NO. 9208 ...... 9


A. DEFINITION OF TRAFFICKING IN PERSONS SECTION 3 .......... 9 i. The Punishable Acts ...... 9 ii. Consent or knowledge irrelevant .. 9 iii. Location .. 10 iv. Means .. 10 a. Means must be proved ......... 10 b. Exception: Means irrelevant when victim is a child .... 11 Box 1: Who is a Minor? .................. 11 c. Defining taking advantage of the vulnerability of the person .......... 11 v. Purpose ...... 12 a. The purpose must be for exploitation ............ 12 b. Requiring purpose to exploit is equivalent to requiring intent ............ 12 Box 2: Trafficking in Persons has been committed when there a re: ............... 13 B. ACTS OF TRAFFICKING IN PERSONS SECTION 4 14 i. Punishable Forms . 14 Box 3: Prostitution under R.A. 9208 vis--vis Article 202, RPC..... 14 ii. Section 4 should be interpreted in relation to the definition of trafficking in persons in Section 3 ... 16 iii. Sec. 4(a) Trafficking through recruitment and other acts for the purpose of sexual exploitation or forced labor ......... 17 a. Under the pretext of employment, explained .... 17 b. By any means refers to the means in Section 3(a) .... 18 iv. Sec. 4(b) Trafficking by introducing or matching for marriage .... 18 v. Sec. 4(c) Trafficking by offering or contracting marriage ...... 19 vi. Sec. 4(d) Trafficking through tours and travel plans ......... 20 vii. Sec. 4(e) Maintaining or hiring for prostitution or pornography . 20 a. Defining maintaining .. 20 b. Hiring does not require an employment relationship .. 21 viii. Sec. 4(f) Trafficking through adoption 21 ix. Sec. 4(g) Trafficking for removal or sale of organs .... 22 x. Sec. 4(h) Trafficking of children for armed activities . 22 C. ACTS THAT PROMOTE TRAFFICKING IN PERSONS - SECTION 5 . 24 i. Punishable Forms .... 24 ii. Promoting or facilitating trafficking in persons, a common element ...... 25 iii. For the purpose of promoting trafficking in persons is to be interpreted generally ... 25 iv. Sec. 5(a) Lease or use of a house, building, or establishment ... 25 v. Sec. 5(b) Production, printing, issuance or distribution of unissued, tampered or fake documents .... 26 vi. Sec. 5(c) Promoting trafficking through propaganda material ..... 26 vii. Sec. 5(d) Misrepresentation or fraud in facilitating the acquisition of clearances and exit documents .... 26 viii. Sec. 5(e) Facilitating the exit and entry of persons with unissued, tampered or fraudulent travel documents ...... 27 ix. Sec. 5(f) Preventing trafficked persons from leaving the country or seeking redress .. 27 x. Sec. 5(g) Benefiting from or making use of persons held under involuntary servitude or forced labor ... 27 D. QUALIFIED TRAFFICKING IN PERSONS SECTION 6 ...... 28 i. The most commonly encountered qualifying circumstances ...... 28 ii. Qualified trafficking not an independent offense ......... 28

iii. iv. v. vi.

Qualifying circumstances under Section 6 apply only to Section 4 ............. 30 Knowledge of the qualifying circumstance under Section 6 is immaterial .. 31 Section 6(c): Conspiracy and confederation ... 31 Section 6(d): What does it mean to exercise authority over trafficked persons? . 32 Box 4: Possible Additional Charges Under Other Laws 32

E. USE OF TRAFFICKED PERSONS - SECTION 11 .... 34 i. Section 11 is limited to prostitution ............ 34 ii. Ignorance of the fact that the person was trafficked for prostitution is not a defense ....... 34 iii. Prior conviction under the law is not necessary . 36 Box 5: Possible Additional Charges Under Other Laws 36 F. VIOLATION OF CONFIDENTIALITY- SECTION 7 .... i. Power to order a closed-door investigation .... ii. Public disclosure prohibited in all cases .... iii. Criminal penalties .... 38 38 39 40

G. PENALTIES AND SANCTIONS ..... 41 i. Section 10(e): Liability of the owner, president, partner, manager or responsible officer .. 42 ii. Additional sanctions under R.A. 9208 .... 42 iii. Section 14: Confiscation and Forfeiture . 42 Box 6: Summary of Penalties Under RA 9208 44 H. CLOSURE OF ESTABLISHMENT UNDER REPUBLIC ACT NO. 9231 .. i. Jurisdiction ... ii. Grounds for the Closure of Establishment .... iii. Types of Establishment Closure Granted by the DOLE ...... iv. Closure Proceedings ................ v. Other Sanctions ................... vi. Execution of Closure Order .................... 46 46 48 49 50 50 51

II. CHAPTER TWO: EVIDENCE TO PROVE THE OFFENSE OF TRAFFICKING IN PERSONS ..... 53
A. TYPES OF EVIDENCE ..... 53 Box 7: Ideal list of evidence for a charge of Qualified Trafficking .......... 57 B. PROOF OF ACTS OF TRAFFICKING . i. Recruitment .. ii. Transportation or Transfer .. iii. Harboring, Providing or Receipt .... 59 59 59 59

C. PROOF OF MEANS OF TRAFFICKING ..... 60 a. Threat, Use of force or Coercion ........ 60 b. Deception or Fraud ......... 60 c. Abuse of power or of position ......... .... 61 d. Taking advantage of the vulnerability of the victim ............. 61 D. PROOF OF PROSTITUTION AND PORNOGRAPHY .. 62 i. Proof of Prostitution . 62 a. A sexual act is not necessary to prove prostitution .. 62 b. Meaning of any other consideration under the definition of prostitution .. 63 ii. Proof of Pornography ... 64 a. Obscene or indecent shows are not valid forms of entertainment ...... 64 b. Obscene or indecent shows are not protected by any artistic value ... 65

E. PROOF OF MINORITY .... 66 i. Minority must be alleged in the Information .... 66 ii. Minority must be proved with equal certainty as the other elements of the crime ..... 66 iii. A birth certificate will stand as the best evidence of minority in court .... 67 iv. Other authentic documents may be presented to establish minority .. 67 v. Testimony of the mother or relatives may be used to prove age of the victim ... 67 Box 8: Circumstances when uncorroborated testimony is sufficient ... 68 vi. Testimony of the victim is sufficient to prove minority only if age is clearly admitted by the accused ..... 68 vii. Dental or bone aging may be helpful in establishing minority during inquest or preliminary investigation .... 68 viii. A court may take judicial notice of minority of a victim below the age of ten 69

III. CHAPTER THREE: PROSECUTING UNDER REPUBLIC ACT NO. 9208 .. 70


A. FILING AND INITIATING THE CRIMINAL CASE ..... 70 i. Filing of Cases .. 70 ii. Venue .... 71 iii. Prescriptive Period ....... 71 iv. Inquest ...... 72 Box 9: Period of Time to File using Inquest Procedures according to Offense Charged under R.A. 9208 ...... 72 v. General Tips for Filing a Complaint ...... 73 B. PRELIMINARY INVESTIGATION AND FILING OF INFORMATION 74 i. The Resolution . 74 a. The resolution must show the existence or non-existence of probable cause ... 74 b. The resolution must justify the venue of the offense ... 74 c. Defects in the information can be cured by the resolution .. 74 ii. The Information ... 75 a. The information must allege the ultimate facts constituting all of the elements of the crime ..... 76 b. Jurisdictional facts must be included in the information .... 77 c. It is not necessary to state the exact date of commission of the crime in the complaint or information ....... 77 d. An owner of an establishment can be charged under R.A. 9208 even if he did not directly participate in the commission of the crime ....... 77 e. Filing several offenses under different laws for the same incident or act does not violate the prohibition against double jeopardy .......... 78 iii. Authority of private prosecutor to prosecute trafficking cases ..... 79 C. ARRAIGNMENT AND PRE-TRIAL ... i. Pre-Trial Conferences ...... ii. Bail Proceedings ...... Box 10: Bail Recommendation for Specific Offenses under RA 9208 ...... iii. Preparations of Trial Brief ... Box 11: Sample Trial Brief ... D. TRIAL AND JUDGMENT ..... i. Expedited Court Proceedings ..... ii. Rule on the Examination of a Child Witness ....... a. Assisting Persons ........ b. Creating a More Comfortable Courtroom Environment . c. Testifying outside the Courtroom ......... d. Video-taped Deposition of a Child Witness ......... e. Audio-video taped in-depth investigative or disclosure interview .. 80 80 81 81 82 82 84 84 84 85 86 87 87 89

f. Questioning the Child ......... 91 iii. Presentation of Audio-Video Evidence in Court ... 91 iv. Other Relevant Proceedings ... 93 a. Approval of Authority of Private Counsel to Prosecute .... 93 b. Issuance of Hold Departure Order ... 93 c. Petition for Bail ... 93 d. Reinvestigation ... 94 v. Counterarguments Against Possible Defenses ...... 94 a. Instigation as a defense in trafficking cases ..... 94 b. Prior surveillance is not indispensable in an entrapment operation ...... 95 c. Presentation of marked money in court is not indispensable for entrapment operations.. 96 d. Recordings of entrapment do not violate the Anti-Wire Tapping Act ........ 96 e. Absence of employer-employee relationship is not a defense for trafficking cases 97 f. Ignorance of the minority of a child victim is not a valid defense ......... 98 vi. Institution of Civil Action ...... 99 Box 13: Proving Civil Damages Involving Child Victims ........... 100 E. PROTECTING THE VICTIMS AND WITNESSES .. i. Legal protection to trafficked persons .. ii. Custody of Minors .. a. Protective Custody, when applicable ... b. Filing of Petition for Involuntary Commitment ..... c. Voluntary Commitment to a child-placement facility .... 102 102 102 103 103 104

IV. APPENDICES ... 105


A. REPUBLIC ACT NO. 9208 ... 105 B. IMPLEMENTING RULES AND REGULATIONS OF R.A. 9208.. 115 C. RULE ON EXAMINATION OF A CHILD WITNESS .. 138 D. SERVICES AND CONTACT INFORMATION OF GOVERNMENT AGENCIES ... 147 i. Department of Social Welfare and Development .. 148 ii. Family Courts in the Metro Manila and Cebu Areas .... 149 iii. Department of Labor and Employment (DOLE) ..... 151 iv. Bureau of Immigration ... 157 v. DOJ Public Attorneys Offices .... 161 vi. National Bureau of Investigation ... 163 vii. National Prosecution Service ..... 167 viii. Regional State Prosecutors ..... 168 E. LIST OF INTERNATIONAL TRAFFICKING, SLAVERY AND CHILD SPECIFIC INSTRUMENTS ... 168 F. RELATED DOMESTIC LAWS ...... 170 i. The Revised Penal Code . 170 ii. Republic Act No. 7610 Special Protection of Children Against Abuse, Exploitation and Discrimination Act ..... 172 iii. Republic Act No. 9231- Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act ..... 179 iv. Republic Act No. 8353 The Anti-Rape Law of 1997 ...... 183 v. Republic Act No. 7659 Death Penalty Law ........ 185 vi. Republic Act No. 8239 Philippine Passport Act of 1996 .... 193 vii. Republic Act No. 8042 Migrant Workers and Overseas Filipinos Act of 1995 .... 200 vii. Republic Act No 6955 Mail Order Bride Act ..... 209 ix. Republic Act No. 6981 Witness Protection Act ..... 210

G. COMPARISON OF SPECIAL LAWS RELATED TO TRAFFICKING IN PERSONS ... 19

Introduction
Trafficking offences are difficult to prosecute for some of the same reasons that they are difficult to investigate. Because of the nature of the offence, the frequent need to rely on evidence collected abroad, the potential for victims and witnesses to be traumatized and intimidated or for public officials to be corrupted and the need for interpreters and translators, the prosecution of these offences offers some new and difficult challenges to the judiciary.
United Nations Office on Drugs and Crime, Toolkit to Combat Trafficking in Persons, 2006

Trafficking in persons, often referred to as modern-day slavery, is a serious issue of global concern. In the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, the international community first defined trafficking in persons: Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of 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. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.1 The Philippines signed both the UN Convention Against Transnational Organized Crime and its supplementing Trafficking in Persons Protocol immediately after the UN General Assembly adopted these documents in 2000, and ratified both instruments in 2002. The passage of Republic Act No. 9208 strengthened domestic anti-trafficking legislation in 2003. Nevertheless, there have been only eleven convictions under R.A. 9208 resulting in jail sentences,2 and only three convictions secured in 2007.3 There is a pressing need to effectively prosecute perpetrators of trafficking and to create disincentives for traffickers to continue this prohibited activity.

Article 3, subparagraph (a). G. Bagayaua,, Life Imprisonment for the Countrys 11th Human Trafficking Convict July 7, 2008, <http://v1.abscbnnews.com/storypage.aspx?StoryId=124366> October 15, 2008. 3 2008 United States Trafficking in Persons Report.
1 2

This book is for the legal community in the Philippines, whose particular role in the antitrafficking movement is to help prosecute perpetrators of trafficking and to deter potential traffickers by increasing the risks and costs associated with trafficking. This book will inform and empower public prosecutors, judges, private attorneys, law school professors and students to act on cases of trafficking and to see the justice system fulfill its mandate to punish perpetrators and protect innocent victims of trafficking. The UN Office on Drugs and Crime describes this dual need for prosecution of perpetrators and protection of trafficked persons: Trafficking is almost always a form of organized crime and should be dealt with using criminal powers to investigate and prosecute offenders for trafficking and any other criminal activities in which they engage. Trafficked persons should also be seen as victims of crime. Support and protection of victims is a humanitarian objective and an important means of ensuring that victims are willing and able to assist in criminal cases.4 This twin focus on prosecution and protection is likewise expressed in the UN Resolution on Trafficking in Women and Girls: 8. [The General Assembly] Calls upon all Governments to criminalize all forms of trafficking in persons, recognizing its increasing occurrence for purposes of sexual exploitation and sex tourism, and to condemn and penalize all those offenders involved, including intermediaries, whether local or foreign, through the competent national authorities, either in the country of origin of the offender or in the country in which the abuse occurs, in accordance with due process of law, while also ensuring that the victims of those practices are not penalized for being trafficked.5 Instead of regarding trafficked persons as victims, authorities often treat them as criminals. When justice systems do not protect but rather punish trafficked persons, they add to the list of injustices victims face. R.A. 9208 makes clear that trafficked persons should be considered victims6 and should be provided with legal protection and other necessary services through government agencies.7 It is the perpetrators and those who use the services of trafficked persons who should be prosecuted for their roles in trafficking in persons. In order for the justice system to work properly, the law must create the right incentives and law enforcement must ensure punishment of the right persons.
UN Office on Drug and Crime, Factsheet on Human Trafficking, <http://www.worldrevolution.org/Projects/Webguide/GuideArticle.asp?ID=1446> October 15, 2008. 5 Resolution 59/166, United Nations General Assembly 59th session, 10 February 2005. 6 Rep. Act No. 9208 (2003), sec. 17. 7 Sec. 23 lists the following services: emergency shelter or appropriate housing, counseling, free legal services, medical or psychological services, livelihood and skills training and educational assistance to a trafficked child.
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Under R.A. 9208, there are four main categories of trafficking: (1) sex trafficking, (2) trafficking for forced labor, (3) trafficking for the removal or sale of organs, and (4) trafficking for armed activities. The majority of reported trafficking cases in the Philippines involve sex trafficking. Because of its prevalence, this book will explore R.A. 9208 primarily from the context of sex trafficking of women and children. Chapter One reviews the Act, highlighting significant provisions and clarifying ambiguities. Chapter Two discusses the evidentiary requirements of trafficking in persons cases. Finally, Chapter Three addresses the legal and practical issues that arise in the prosecution of cases under R.A. 9208. The main objectives of this book are: To increase awareness and understanding of Philippine anti-trafficking law among the legal community and to enable effective and swift responses from the justice system to trafficking To provide a practical how-to manual on prosecuting trafficking cases in the Philippines, i.e. specific tips and guidelines on issues like evidence gathering and preservation, case build-up, interviewing of witnesses, and trial techniques To serve as a resource for important legal questions related to anti-trafficking law

CHAPTER ONE: REPUBLIC ACT NO. 9208


Philippine law establishes the definition of trafficking in persons in Republic Act No. 9208, drawing heavily from the definition contained in the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. This chapter first discusses the trafficking in persons definition in detail. The rest of this chapter examines the other provisions of R.A. 9208 and expounds on salient legal issues related to each section of the law, answering key questions regarding the construction or meaning of the law.

A.

DEFINITION OF TRAFFICKING IN PERSONS - SECTION 3


SEC. 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 victims 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 be considered as trafficking in persons even if it does not involve any of the means set forth in the preceding paragraph.

i.

The Punishable Acts

The definition of trafficking in persons in Section 3 provides a list of acts that constitute trafficking in persons under the law. These acts include recruitment, transportation, transfer, harboring, and receipt of persons. However, this is not a complete list of all acts punishable under R.A. 9208. Section 4 also makes punishable certain acts not included in the definition. For example, Section 4(b) punishes the act of introducing or matching for marriage and Section 4(e) punishes the act of maintaining or hiring a person to engage in prostitution or pornography. Other acts are made punishable under Section 5 for promoting trafficking. Section 5(a), for example, punishes the act of leasing or subleasing establishments for the purpose of promoting trafficking. ii. Consent or knowledge irrelevant

Under the definition, consent by the trafficked person is irrelevant. Trafficking may occur with or without the victims consent or knowledge. Section 17 reiterates that the consent of a trafficked person to the intended exploitation set forth in the Act shall be irrelevant. The provisions make clear that the irrelevancy of consent applies to both minor and adult victims. While the consent of victims is irrelevant, in the trafficking of adults, it is still necessary to demonstrate that the trafficker used one or more of the enumerated means, i.e., 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. This is consistent with Article 3(b) of the UN Protocol, which states that the consent of a victim of trafficking to the intended exploitation becomes irrelevant where any of the means are present. Insofar as the means of giving or receiving of payments or benefits to achieve consent is concerned, the consent here refers to that of a person who has control over another. For instance, a parent or guardian or any person exercising control over the prospective victim may give consent to the recruitment only upon the payment of a sum of money or other benefits from the trafficker. In this situation, the consent contemplated was that of the person exercising control over the victim and not of the victim himself/herself. iii. Location

Trafficking may occur within a country or across national borders. Trafficking may also be committed partly within and partly across national borders. For example, recruitment may be committed in the Philippines, but exploitation may occur in a foreign country. The exploitation, although committed outside of the country, must be proved during the trial before the Philippine Courts.8 It is not necessary that there be any movement or transport of victims at all for an action to constitute trafficking in persons under R.A. 9208. For example, the recruitment of a person through deception for the purpose of sexual exploitation may take place without any transit of the victim. iv. Means a. Means must be proved It is necessary to show that there was 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 consent of a person having control over another person. In other words, certain means must have been used to carry out the acts prohibited under R.A. 9208 in order to find that trafficking in persons occurred.
8

G. Arizala, Establishing a Trafficking Offense: Elements and Evidence, [p. 2].

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b. Exception: Means are irrelevant when victim is a child The exception to the requirement to prove means is when the victim is a child. In this case, the means used in carrying out the act of trafficking is irrelevant. As long as there is an act of trafficking involving a child for an exploitative purpose, it is considered trafficking in persons.9 Box 1: Who is a Minor? 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 physical or mental disability or condition.10 Persons with disabilities are defined in R.A. 7277 (Magna Carta for Disabled Persons), thus: Those suffering from restrictions or different abilities, as a result of a mental, physical, and sensory impairment, to perform an activity in the manner or within the range considered normal for a human being.11 We may also apply, by analogy, the pronouncement by the Supreme Court in People v. Abuyen: Minority in such a case should not be equated with its statutory meaning that is, below eighteen (18) years old. It is used not so much as to state the age of the victim (otherwise, the charging fiscal would have simply placed the exact ages), rather, it is more of a description of the state of helplessness of the young victim.12 c. Defining taking advantage of the vulnerability of the person There is yet no jurisprudence which provides specific guidance on the meaning of the phrase taking advantage of the vulnerability of the person. However, existing international documents and analogous provisions of the New Civil Code are helpful in defining it. Abuse of a victims vulnerability is defined in the UN Protocol to Suppress, Prevent and Punish Trafficking in Persons especially Women and Children as any situation in which the person involved has no real and acceptable alternative but to submit to the abuse involved. These persons are vulnerable because of physical, emotional, economic, political and socio-cultural factors. Traffickers can take advantage of those circumstances which render victims vulnerable to exploitation.

See related discussion in Box 12. Rep. Act No. 9208 (2003), sec. 3 (b). 11 Rep. Act No. 7277 (1992), sec. 4 (a). 12 People v. Abuyen, G.R. No. 77285, (Sept. 4, 1992).
9 10

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Taking advantage of another persons vulnerability may be akin to undue influence under Article 1337 of the New Civil Code, which also emphasizes deprivation of choice: There is undue influence when a person takes improper advantage of his power over the will of another, depriving the latter of a reasonable freedom of choice. The following circumstances shall be considered: the confidential, family, spiritual and other relations between the parties, or the fact that the person alleged to have been unduly influenced was suffering from mental weakness, or was ignorant, or in financial distress. Taking advantage of another persons vulnerability pertains to a situation where a trafficked person, with his or her own volition, submits to abuse and exploitation because there is no real and acceptable alternative. Such an act is normally considered voluntary. However, the inclusion of taking advantage of the vulnerability of the person as a means in R.A. 9208 signifies that the crime of trafficking may be committed notwithstanding apparent submission on the part of trafficked persons. v. Purpose a. The purpose must be for exploitation In order to be considered trafficking, the purpose of an act must be the exploitation of the trafficked person. This is an essential element of the offense of trafficking in persons under R.A. 9208. Section 3(a) lists the following purposes: 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. In addition, the trafficking of children for armed activities is also punishable under R.A. 9208.13 The purposes cited in R.A. 9208 are not exhaustive. The definition in Section 3(a) states that the act or acts should be 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. b. Requiring purpose to exploit is equivalent to requiring intent Originally, the Senate bill authored by Senator Luisa Ejercito Estrada defined the offense of trafficking in persons as the recruitment, transportation, transfer, provision, harboring, receipt or deployment of a person for the purpose of, or resulting in exploitation. However, during the period for amendments of the bill, upon motion of Senator Franklin Drilon, the phrase resulting in was deleted. The reason for such deletion was the concern that such phraseology could result in an innocent person being penalized.14 For example, in a case of legal recruitment for a legal purpose, the recruited person, of his or her own
13 14

Rep. Act No. 9208 (2003), sec. 4 (h). Senate deliberations on R.A. 9208, Bill on Second Reading (Continuation), March 19, 2003, p. 48.

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volition, could later become a prostitute. Under the proposed definition, the recruiter could be convicted of trafficking in persons because the legal recruitment resulted in exploitation. Hence, the phrase for the purpose of is equivalent to requiring intent. This means that the prosecution must allege and prove that acts of trafficking were clearly carried out by the accused with the intention to use the person for an exploitative purpose. The exploitation need not be shown to have actually happened in order to prove that the intent to exploit was real. It can be proven by other overt acts as discussed in the second chapter. Box 2: Trafficking in Persons has been committed when there are: Acts of: Recruitment Transfer Transportation Harboring Provision OR Receipt (of a person) by Means of: Threat Use of force Other forms of coercion Abduction Fraud Deception Abuse of power or position Taking advantage of the vulnerability of a person Giving or receiving of payments or benefits to achieve consent of a person having control over another person for the Purpose of exploitation, including: Prostitution Other forms of sexual exploitation Forced labor or services Slavery Servitude Removal or sale of organs

Note: Section 4 lists


additional acts: Introducing or matching any person for marriage in exchange for material consideration Offering or contracting marriage, real or simulated Undertaking or organizing tours or travel plans Maintaining or hiring a person Adopting or facilitating the adoption of persons

Note: Section 4 adds:

Armed activities (applies to children only)

Note: Means is irrelevant


when victim is a child

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B.
i.

ACTS OF TRAFFICKING IN PERSONS - SECTION 4

Punishable forms

There are eight punishable forms of Acts of Trafficking in Persons, described in Section 4 of R.A. 9208. The eight forms may be classified into four broad categories according to the purpose of the trafficking: (1) sex trafficking; (2) trafficking for forced labor; (3) trafficking for the removal or sale of organs; and (4) trafficking of children for armed activities. This section discusses in detail the offenses in Section 4. The three main elements of each form of trafficking are the act, means and purpose. All three elements must be present to prove that there was an Act of Trafficking in Persons.15 1) Sex trafficking includes trafficking for the purposes of prostitution, pornography and sexual exploitation. According to the IRR, 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.16 Box 3: Prostitution under R.A. 9208 vis--vis Article 202, RPC R.A. 9208 provides for a new concept of prostitution distinct from that of the Revised Penal Code. To distinguish: A. Article 202 RPC contemplates a situation where a woman habitually engages in sexual intercourse or acts of lasciviousness for profit. In R.A. 9208, there is no requirement of sexual intercourse. Mere transaction, scheme or design constitutes prostitution as long as the purpose is for the use of a person for sexual intercourse or lascivious conduct for money, profit or other consideration. B. In Article 202 RPC, prostitution is a felony and the prostitute is the offender, not the victim. In RA 9208, prostitution is not a crime. It is merely a form of exploitation which constitutes the purpose of the acts of trafficking. Thus, the trafficked person is not criminally liable. Even if the woman victim under RA 9208 indulged habitually in sexual intercourse for profit, she is not criminally liable under Article 202 RPC because Section 17 of RA 9208 exempts her from prosecution under Article 202. Can there be an instance where a woman may be held liable under Article 202 RPC without being covered by RA 9208? Yes. If no one committed acts of trafficking against the woman, such as recruiting, hiring, maintaining or providing her for sexual acts in exchange for money or other consideration, and she habitually engages in sexual intercourse for profit, then she is liable
The exception is if there is trafficking of minors, per Sec. 3(a). When there is trafficking of minors, only the acts and purpose need to be proven; the means do not. Trafficking of minors is classified as qualified trafficking under Sec. 6(a). 16 Rep. Act No. 9208 (2003) sec. 3(c) and IRR art. II, sec. 5(e).
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for prostitution under Article 202 RPC. For example, if a prostituted woman plies her trade by herself without the intervention of another person, then she may be liable for prostitution under Article 202 RPC. However, once another person intervenes for her, such as a pimp, or an owner of a bar, by hiring or maintaining her to engage in sexual intercourse or lascivious conduct for money under any of the means of trafficking, then the woman is no longer liable under Article 202 RPC, as she is considered a victim under RA 9208. The pimp or the bar owner is the one liable under RA 9208. The above discussion was clearly articulated by Senator Franklin Drilon during the period for amendments of R.A. 9208: I would also wish to state on record that for purposes of punishing a prostitute, the definition under the Revised Penal Code would still be controlling. This definition is only for purposes of prosecuting trafficking in persons.17 To this extent, R.A. 9208 modifies Article 202 RPC. To re-emphasize, instead of punishing trafficked persons, R.A. 9208 punishes perpetrators of trafficking and those who use the services of trafficked persons.

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 primarily for sexual purposes.18

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 taking advantage of a victims vulnerability.19 2) Trafficking for forced labor includes trafficking for forced labor, slavery, involuntary servitude or debt bondage.

Forced labor and slavery both refer to the extraction of work or services from any person
by means of enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt bondage, or deception.20 a person under his or 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.21

Debt bondage is when the debtor pledges his or her personal services or labor or those of

Senate deliberations on R.A. 9208, Bill on Second Reading (Continuation), March 19, 2003, p. 48. Rep. Act No. 9208 (2003) sec. 3(h) and IRR art. II, sec. 5(j). 19 Rep. Act No. 9208 (2003) sec. 3(f) and IRR art. II, sec. 5(h). 20 Rep. Act No. 9208 (2003) sec. 3(d) and IRR art. II, sec. 5(f). 21 Rep. Act No. 9208 (2003) sec. 3(g) and IRR art. II, sec. 5(i).
17 18

15

Involuntary Servitude refers to a condition of enforced, compulsory service induced by

any means of any scheme, plan or pattern, intended to cause a person to believe that, if the person did not enter into or continue in such condition, that person or another person would suffer serious harm or other forms of abuse or physical restraint, or the abuse or threatened abuse of the legal process.22 3) Trafficking for the removal or sale of organs as described in Section 4(g) punishes the trafficking of a person for the removal or sale of organs by means including force, deception and fraud. 4) Trafficking of children for armed activities is described in Section 4(h) and does not require any particular means because the prohibited act involves children.23

ii.

Section 4 should be interpreted in relation to the definition of trafficking in persons in Section 3

There are provisions in Section 4 which specify each of the three elements of trafficking in persons, i.e., acts, means, and exploitative purpose. For example, Section 4 paragraphs (a) and (g) each specify the three elements. However, Section 4 paragraphs (b), (c), (d), (e), (f) and (h) mention only two elements: the acts and the purposes. The means are not specified. Does that mean that for these offenses only the specified elements need to be alleged and proven? No. During the Senate deliberations of the bill, Senator Estrada, its principal author, stated that Section 4 should always be construed in relation to Section 3. MR. PRESIDENT (Sen. Drilon): But Section 3(a) is only a definition of trafficking. SEN. DE CASTRO: Yes. MR. PRESIDENT: Section 4(g) is the specific act punished. So, I do not see how to relate the two. How do we connect Section 3(a) to Section 4(g) and say that if it is through intimidation, fraud, et cetera, it becomes punishable? SEN. ESTRADA: I think the definition of trafficking in Section 3 must be considered in interpreting Section 4.24

IRR art. II, sec. 5(k). See Sec. 3(a). 24 Senate deliberations on R.A. 9208, Consideration on second reading of S. No. 2444, February 18 2003, p. 63.
22 23

16

Moreover, during the period for amendments of the Senate bill, Senator Drilon proposed the addition of the word provide to Section 4(a), in order to make Section 4(a) consistent with the definition of trafficking in persons contained in Section 3. This proposed amendment was duly accepted.25 This means that the elements of trafficking in persons as defined in Section 3 should always be considered, namely act, means and purpose. Hence, even if a provision in Section 4 does not specify an element of trafficking in persons, the lacking element should be taken from the definition in Section 3. For example, Section 4(e) does not specify the means for hiring or maintaining a person for the purpose of prostitution or pornography. Since Section 4(e) should be construed in relation to Section 3, it necessarily follows that one or more of the means listed in the Section 3 definition must be present to constitute the crime of trafficking in persons. Thus, the elements of Section 4(e) should be as follows: A. Acts: B. Means: Hiring or maintaining Threat, use of force, other forms of coercion, abduction, fraud, deception, abuse of power or position, taking advantage of the vulnerability of a person, giving or receiving of payments or benefits to achieve consent of a person having control over another person Prostitution or pornography

C. Purpose:

Cases of trafficking involving minors are the exception. Pursuant to Section 3(a), when there is trafficking of minors, only the act and the purpose need to be proven. iii. Sec. 4(a) Trafficking through recruitment and other acts for the purpose of

sexual exploitation or forced labor

(a) 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. Thus far, this has been one of the most common sections for prosecution under R.A. 9208. a. Under the pretext of employment, explained Section 4(a) punishes a trafficking act by any means including those done under the pretext of domestic or overseas employment. Under the pretext of means that the employment relationship was not legitimate but was only used as a means to engage the victims. In other words, it is a form of deception, one of the means specified in the definition of trafficking in persons in Section 3(a). The existence of an employer-employee relationship is not a necessary element of the offense.
25

Senate deliberations on R.A. 9208, Bill on Second Reading (Continuation), March 19, 2003, p. 55.

17

b. By any means refers to the means in Section 3(a) As discussed previously, Section 4 should be construed in relation to Section 3.26 Thus, the phrase by any means in this provision refers to those means listed in the Section 3(a) definition. Under the pretext of domestic employment is an example of the means of deception. Section 4(a) Trafficking through recruitment and other acts for the purpose of sexual exploitation or forced labor Acts of: Recruitment Transportation Transfer Harboring Provision Receipt of a person iv. 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

Sec. 4(b) Trafficking by introducing or matching for marriage (b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage.

Section 4(b) punishes acts of introducing or matching any person for marriage. There are two sets of victims who may be introduced or matched for marriage: 1. any person, male or female, Filipino or foreign national, to any third party; or 2. any Filipino woman to a foreign national, as contemplated under RA 6955.27 Section 4(b) requires that there be consideration for the agreement, in the form of money or other profit. The offender under Section 4(b) is the one who introduces or matches another person to a third party, not the contracting parties to the marriage. Sec. 4(b) Trafficking by introducing or matching for marriage

26 27

See Chapter One, section b (ii), above. Rep. Act No. 6955 (1990).

18

Acts of: Introducing or matching any person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national for marriage

for: Money Profit Material Economic OR Other consideration (Section 4(b) does not specify the means28)

for the Purpose of: Acquiring Buying Offering Selling OR Trading him/her to engage in: Prostitution Pornography Sexual exploitation Forced labor or slavery Involuntary servitude OR Debt bondage

v.

Sec. 4(c) Trafficking by offering or contracting marriage (c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage.

Both Section 4 paragraphs (b) and (c) focus on marriage, and the purpose of the punishable act in both is the acquiring, buying, offering, selling or trading a person to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage. Section 4(c) punishes the acts of offering or contracting marriage. The offenders under Section 4(c) are those who offer to marry or who actually marry a person for the purpose of exploiting that person. Section 4(c) punishes the act even if there is no consideration involved. Sec. 4(c) Trafficking by offering or contracting marriage Acts of: Offering or contracting marriage, real or simulated To any person Section 4(c) does not specify the means29 for the Purpose of: Acquiring Buying Offering Selling OR Trading them to engage in: Prostitution Pornography Sexual exploitation
28 29

Hence, one or more of the means listed in Sec. 3(a) must be present, except in cases involving minors. See footnote 24.

19

Forced labor or slavery Involuntary servitude OR debt bondage

vi.

Sec. 4(d) Trafficking through tours and travel plans (d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography, or sexual exploitation.

Trafficking through tours and travel plans is otherwise known as trafficking involving sex tourism. The Act defines sex tourism as 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.30 This form of trafficking is usually committed by travel and tour agencies that may appear to be engaged in legitimate businesses, possessing all the requisite government permits and certifications, but are also involved in underground business by organizing tours and travel plans for customers for prostitution, pornography and sexual exploitation. Sec. 4(d) Trafficking through tours and travel plans Acts of: Undertaking or organizing tours and travel plans consisting of tourism packages or activities Section 4(d) does not specify the means31 for the Purpose of utilizing and offering persons for: Prostitution Pornography OR Sexual exploitation

vii.

Sec. 4(e) Maintaining or hiring for prostitution or pornography (e) To maintain or hire a person to engage in prostitution or pornography; a. Defining maintaining

As for most provisions of R.A. 9208, there is yet no jurisprudence on the act of maintaining a person for prostitution or pornography under Section 4(e). According to its ordinary import,32 to maintain is to keep in an existing state; to sustain; to support or

Rep. Act No. 9208 (2003) sec. 3(e). Ibid. 32 It is a settled principle of statutory construction that a term must be read in light of its common or ordinary meaning unless another meaning is furnished by the law. (Central Azucarera Don Pedro v. Central Bank, 104 Phil. 598 (1954); Espino v. Cleofe, G.R. No. 33410, July 13, 1973, 52 SCRA 92 (1973); Phil. Acetylene Co. v. Central Bank, 120 Phil. 829 (1964).)
30 31

20

provide for.33 Using this definition, any act that sustains, supports, provides for, or continues the prostitution or pornography of trafficked persons falls under the concept of maintaining in Section 4(e). Thus, the act of maintaining may include ordinary acts of providing shelter, food or clothing, performed with the aim that by such actions, prostitution or pornography may continue. In reality, perpetrators often use such actions to exert control over persons for prostitution and pornography. For example, some brothel managers prohibit workers from patronizing establishments outside the brothel compound, enforcing instead an internal scheme in which the provision of necessities like food and clothing is contingent on the earning of wages through prostitution. b. Hiring does not require an employment relationship In the same manner as Section 4(a), an employer-employee relationship is not a requisite element of the offense under this section. What this section prohibits and punishes is the act of hiring for pornography or prostitution. Hiring in its ordinary sense means the engagement of another to perform a particular task. Hiring, or the selection or engagement of employees, is just one of the concurring elements of an employer-employee relationship as officially defined by the Supreme Court, the others being the payment of wages, the power of dismissal, and the power to control the employees conduct.34

Sec. 4(e) Maintaining or hiring for prostitution or pornography Acts of: Maintaining or hiring any person Section 4(e) does not specify for the Purpose of: the means35 Prostitution OR Pornography

viii.

Sec. 4(f) Trafficking through adoption (f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage.

Sec. 4(f) Trafficking through adoption Acts of: Adoption or facilitating an adoption
33

Section 4(f) does not specify the means36

for the Purpose of: Prostitution Pornography

Merriam-Webster Dictionary Online, <http://www.merriam-webster.com/dictionary/maintain> October 15, 2008. 34 Pacific Consultants International Asia, Inc. v. Schonfeld, G.R. No. 166920, February 19, 2007. 35 See footnote 24. 36 Ibid.

21

of persons

Sexual exploitation Forced labor Slavery Involuntary servitude OR Debt bondage

ix.

Sec. 4(g) Trafficking for removal or sale of organs (g) 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.

The Act does not provide for the definition of organs, thus it should be understood in its ordinary import37. Organs refers to human organs of the trafficked person. Unlike in the Organ Donation Act of 1991 (R.A. 7170), the law on anti-trafficking does not make any distinction between those that are transplantable and those that are not. As called for by the rule on statutory constructionwhere the law does not distinguish, neither ought we to distinguish38the term organs, includes those that make up the organ systems of the human body, namely the circulatory, lymphatic, digestive, endocrine, integumentary, muscular, nervous, reproductive, respiratory, skeletal, and urinary.39 Thus, for example, if a person is trafficked for the purpose of the removal or sale of that persons blood, R.A. 9208 covers the act since blood is part of the circulatory organ of the human body. Sec. 4(g) Trafficking for removal or sale of organs Acts of: Recruiting Hiring Adopting Transporting Abducting any person by Means of: Threat Use of force Fraud Deceit Violence Coercion OR Intimidation for the Purpose of: Removal or sale of organs of said person

x.

Sec. 4(h) Trafficking of children for armed activities

See footnote 32. Ubi lex non distinguit nec nos distinguere debemus. 39 Organ Systems in the Human Body <http://biology.about.com/od/organsystems/a/aa031706a.htm> September 29, 2008.
37 38

22

(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad. Sec. 4(h) Trafficking of children for armed activities Acts of: Recruiting Transporting Adopting a child the Means are irrelevant under Sec. 3(a) since this provision concerns the trafficking of children. for the Purpose of: Engaging them in armed activities in the Philippines or abroad

23

C.

ACTS THAT PROMOTE TRAFFICKING IN PERSONSSECTION 5

SEC. 5. Acts that Promote Trafficking in Persons. The following acts which promote or facilitate trafficking in persons, shall be unlawful: building, or establishment for the purpose of promoting trafficking in persons;
(b) 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 trafficking in persons; (c) 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; (d) To assist in the conduct or 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 of persons; (e) 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; (f) 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 agencies; and (g) To knowingly benefit from, financial or otherwise, or make use of, the (a) To knowingly lease or sublease, use or allow to be used any house,

labor or services of a person held to a condition of involuntary servitude, forced labor, or slavery.

i. Punishable forms R.A. 9208 makes illegal seven acts that are not acts of trafficking in persons themselves but which facilitate and advance trafficking. There is no liability for attempted trafficking in persons or for being an accomplice to trafficking in persons under Section 4. However, 24

anyone who plays such a role may be charged under Section 5 for Acts that Promote Trafficking in Persons. The penalty for a violation of Section 5 is less severe than Section 4. Therefore, whenever facts and evidence allow, it is preferable to bring a charge of violation of Section 4. The seven forms of Acts that Promote Trafficking in Persons are described below, along with the requisite elements of each. All the elements must be proved to show that an Act that Promotes Trafficking in Persons has taken place. ii. Promoting or facilitating trafficking in persons, a common element The element of promoting or facilitating trafficking in persons pervades all paragraphs in Section 5 because it is stated at the opening statement of the section. Even if paragraph (g) does not mention the words promoting or facilitating trafficking in persons, these should be considered an element in this paragraph. Likewise, although paragraph (f) used the words in furtherance of trafficking, it should mean the same as facilitating or promoting trafficking in persons. Thus, the information must allege this common element of promoting or facilitating trafficking in persons for violation of any paragraph of Section 5. iii. For the purpose of promoting trafficking in persons is to be interpreted generally All the acts listed in Section 5 are considered Acts that Promote Trafficking in Persons. Thus, the requirement in Section 5 paragraphs (a), (b), (d), and (e) that the acts be for the purpose of promoting trafficking in persons seems redundant. This apparent circularity suggests that the phrase promoting trafficking in persons as used within these three provisions does not refer solely to those Acts specified in Section 5, but refers more generally to any acts that serve to further trafficking in persons, including but not limited to those described in Sections 3 and 4. Using Section 5(a) as an example, if the phrase referred only to Section 5 acts, an absurd scenario would result wherein a person would be penalized for knowingly leasing a building for the production of fake documents (prohibited under Section 5(b) as an Act that Promotes Trafficking in Persons), but would not be penalized for knowingly leasing a building for the purpose of sex trafficking. iv. Sec. 5(a) Lease or use of a house, building, or establishment 1. The offender leases or subleases, uses or allows the use of any house, building or establishment by a person 2. The lessee or user, or the person he represents, is engaged in or about to engage in trafficking in persons 3. The offender knows that the purpose for which the house, building or establishment is leased or subleased, used or allowed to be used, is to promote or facilitate trafficking in persons The operative word in this provision is knowingly, meaning that the lessor or owner of a building or establishment must have knowledge that the building is being leased or used for 25

the purpose of promoting trafficking in persons. Thus, the defense of lack of knowledge is exculpatory. v. Sec. 5(b) Production, printing, issuance or distribution of unissued,

tampered or fake documents

1. The offender produces, prints and issues or distributes counseling certificates, registration stickers, and certificates of any government agency which issues these certificates or stickers as proof of compliance with government regulatory and pre-departure requirements 2. The certificates or stickers are either unissued by the government agency, tampered, or fake 3. The offense of trafficking in persons is being committed or about to be committed or intended to be committed by the offender or anybody else 4. The production, printing and issuance or distribution by the offender of such certificates or stickers is for the purpose of promoting or facilitating trafficking in persons either by the offender or anybody else The trafficker himself may violate this paragraph. Since this act is a separate offense not included in Section 4, he should likewise be held liable under Section 5 (b). vi. Sec. 5(c) Promoting trafficking through propaganda material 1. The offender advertises, publishes, prints broadcasts, or distributes, or causes the advertisement, publication, printing, broadcasting or distribution of any brochure, flyer, or any propaganda material 2. The offender uses any means, including the use of information technology and the internet 3. The brochure, flyer, or any propaganda material promotes trafficking in persons vii. Sec. 5(d) Misrepresentation or fraud in facilitating the acquisition of

clearances and exit documents

1. The offender assists in the conduct of misrepresentation or fraud 2. Such misrepresentation or fraud is for the purpose 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 3. The offense of trafficking in persons is being committed or about to be committed or intended to be committed by the offender or anybody else 4. The offenders assistance in the conduct of such misrepresentation or fraud is for the purpose of promoting trafficking in persons by the offender himself or anybody else

26

viii.

Sec. 5(e) Facilitating the exit and entry of persons with unissued, tampered or fraudulent travel documents 1. The offender facilitates, assists or helps in the exit and entry of persons from/to the country 2. Such facilitation, assistance, or help extended takes place at international and local airports, territorial boundaries and seaports 3. The person receiving assistance or help is in possession of unissued, tampered or fraudulent travel documents 4. Such assistance or help is for the purpose of promoting trafficking in persons by the offender himself or anybody else

ix. Sec. 5(f) Preventing trafficked persons from leaving the country or seeking

redress

1. The offender confiscates, conceals, or destroys the passport, travel document, or personal documents or belongings of a person 2. Such person is a trafficked person 3. The confiscation, concealment or destruction of the documents or belongings is: a. In furtherance of trafficking in persons, either by the offender himself or by anybody else; or b. To prevent the trafficked person from leaving the country or seeking redress from the government or appropriate agencies Section 5(f) particularly requires that there be a trafficked person. This means that there must be independent evidence proving that the victim is a trafficked person. It is not necessary that there first be a trafficking in persons conviction in order to successfully prosecute this section. The evidence may be simultaneously presented during trial. x. Sec. 5(g) Benefiting from or making use of persons held under involuntary

servitude or forced labor

1. The offender benefits from, financial or otherwise, the labor or services of a person 2. Such person is a trafficked person held to a condition of involuntary servitude, forced labor or slavery 3. The offender knew that the person is trafficked 4. The offenders use of the labor or services of the trafficked person promotes or facilitates trafficking in persons by the offender or anybody else As in Section 5(a), the law requires knowledge by the person who benefits or makes use of the services or labor of a person held to a condition of involuntary servitude, forced labor or slavery. It does not include the use of a trafficked person for prostitution, which is punishable under Section 11.40
40

See Chapter One, section E for a discussion of Rep. Act No. 9208 (2003) sec. 11.

27

D.

QUALIFIED TRAFFICKING IN PERSONS- SECTION 6


SEC. 6. Qualified Trafficking in Persons. The following are considered as qualified trafficking: (a) When the trafficked person is a child; (b) 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; (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 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; and (g) When the 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).

i.

The most commonly encountered qualifying circumstances

The qualifying circumstances most commonly encountered in trafficking cases are: ii. Section 6(a): The victim is a child Section 6(c): Three or more persons are conspiring or confederating together in the act of trafficking (a syndicate) Section 6(c): There are three or more victims (in large scale)

Qualified trafficking not an independent offense 28

Qualified Trafficking does not constitute an independent offense. All the elements of an act of trafficking, as outlined in Section 4, must be present. The additional presence of any of the circumstances listed in Section 6 raises the offense from an Act of Trafficking to Qualified Trafficking and increases the penalty accordingly.41 The wording of Section 6 may create the impression that Section 6 is a stand-alone offense by stating the following are considered as qualified trafficking. However, this is not the case. Hon. Bellaflor J. Angara-Castillo recognized this problem during the joint sessions: REP. ANGARA-CASTILLO: We have to make up our minds. Do you want to maintain merely as an act of trafficking or as qualified act? xxx If we have followed the House version, it would have been very easy to understand because we made this not as qualified acts of trafficking but as aggravating circumstances. Therefore, you dont get into any conflict between the aggravating circumstances and the definition of acts of trafficking. Because if you look at our version, we made them only as aggravating circumstances to increase the penalty. But the acts of trafficking are defined under Section 4 and not as under Section 6. xxx And that is exactly the way you have phrased it under Section 6. Look at your opening sentence in Section 6. Tingnan mo ang iyong [Look at your] opening sentence, ha, The following are considered as qualified trafficking. In effect you are just saying that these are acts of trafficking kaya lamang merong [however, there is an] aggravating circumstance attendant to the commission and therefore you increase the penalty. Kaya mali ang phraseology talaga ng Section 6 ninyo [Thats why the phraseology is quite incorrect in Section 6]. xxx So we have no objection, Madam Chair, in making that as a qualifying or aggravating circumstance. What Im saying only is that to prevent any confusion in the mind of anyone reading it, lets be definite, are we making it as a simple act of
Rep. Act No. 9208 (2003) sec. 10(c) prescribes a penalty of life imprisonment and a fine of not less than Two million pesos (P2,000,000) but not more than Five million pesos (P5,000,000) for any person convicted of qualified trafficking under sec. 6.
41

29

trafficking, which committed under those circumstances become qualified by an aggravating circumstance. But the definition must fall under Section 4. Thats why we were objecting to the version of the Senate. SEN. DRILON: What is the proposed amendment? REP. ANGARA-CASTILLO: The proposed amendment is that we include then under Section 4, and the Section 6 should not be made to appear as an independent act of trafficking again. xxx REP. VILLAR: Can we just put the qualified trafficking in persons, and then the following are the aggravating circumstances. Ganon na lang [Just like that]. Because we want to retain that qualified trafficking in persons. I mean, if Im going to read the bill, that is clearer to me than aggravating circumstances. Parang [Its like] there is another because when we changed that, it became clearer that there are three things. When you promote trafficking, you are doing acts of trafficking, and then you are doing qualified trafficking. So its more clearer than just saying aggravating circumstances. THE CHAIRPERSON (SEN. EJERCITO-ESTRADA): Do you agree with that, Congresswoman Bella? REP. ANGARA-CASTILLO: I mean, there is really no problem there. Conceptually, we are espousing the same ideas. What I am just saying is that the crimes that you designate as qualified trafficking should not really exist as an independent thrust of trafficking.42 Thus, the offense of qualified trafficking is committed when an act of trafficking as provided for under Section 4 is attended by any of the circumstances listed in Section 6. This is similar to the attendance of treachery in the killing of a person, which elevates the crime from homicide to murder.43 iii. Qualifying circumstances under Section 6 apply only to Section 4

Bicameral Conference Committee on the Disagreeing Provisions of Senate Bill No. 2444 and House Bill No. 4432 (Anti-Trafficking Act of 2003), May 7, 2003, pp. 024-034. 43 People v. Limaco, 88 Phil. 35 (1951).
42

30

Further, the qualifying circumstances apply only to Acts of Trafficking in Persons (Section 4). This was the legislative intention, as demonstrated in the relevant portions of the bicameral session quoted above. There can be no qualified trafficking for Acts that Promote Trafficking in Persons (Section 5), because an absurd situation would result wherein an attendant circumstance under Section 6 would immediately require the imposition of the penalty of life imprisonment to a person who committed an act under Section 5, which is penalized less severely than acts under Section 4. iv. Knowledge of the qualifying circumstance under Section 6 is immaterial

A qualifying circumstance constitutes an additional element of an offense which the prosectution must prove. For example, if victim minority qualifies a trafficking act, the elements of the offense are as follows: 1. Commission of an act outlined in Section 4; and 2. The trafficked person is a child pursuant to Section 6(a) Section 6(a) of the Act stipulates that as long as the victim is a child, the crime of qualified trafficking has been committed. Knowledge of such minority is not an element of the crime. Section 6(a) uses the word when. In other words, if the victim is a child, the crime automatically becomes qualified trafficking in persons. Likewise, if the adoption of a person for one of the exploitative purposes listed in Section 4(f) is effected through R.A. 8043, and such adoption is intended pursuant to Section 6(b) the crime becomes qualified trafficking. Each of the qualifying circumstances in Section 6 adds an objective element to Section 4 offenses. v. Section 6(c): Conspiracy and confederation

Conspiracy as contemplated in Section 6(c) of R.A. 9208 is a manner of incurring criminal liability, as distinguished from conspiracy as a felony (Article 8 of the RPC). A party to a conspiracy is held guilty as co-principal to the crime, and the act of one conspirator is deemed the act of all. The existence of an agreement or plan among the conspirators for an appreciable period of time prior to the execution of the common purpose is not necessary to establish conspiracy.44 The Supreme Court has held that conspiracy arises the very moment the conspirators agree, expressly or impliedly, to commit a crime and decide to pursue it.45 Direct proof is not essential to establish conspiracy, which may be inferred from the collective acts of the accused before, during and after the commission of the crime.46 Nevertheless, the prosecution must show that the accused performed actions in furtherance of the conspiracy. Mere knowledge, acquiescence, or approval of the act without cooperation or agreement to cooperate is not sufficient to constitute participation in a conspiracy.47
People v. Binasing, et al., 98 Phil. 908, April 28, 1956. People v. Monroy, 104 Phil. 759, October 30, 1958. 46 People v. Buntag, G.R. No. 123070, April 14, 2004. 47 People v. Izon, et al., 104 Phil. 690, October 16, 1958.
44 45

31

vi.

Section 6(d): What does it mean to exercise authority over trafficked persons?

There is no definition provided for the phrase a person who exercises authority over the trafficked person as employed in Section 6(d). It is to be observed that the phrase is the final item in a list of relations. Taking into account the textual context, therefore, the phrase refers to a person who, prior to the trafficking act, had a relationship with and held a position of power or authority over the victim. It is a broad term that may be interpreted to include not only filial or familial relations but also non-familial ones. Thus, it may be argued that culpability under Section 6(d) extends to such persons as bosses, priests and teachers. Box 4: Possible Additional Charges Under Other Laws

i. Child Trafficking (Section 7, R.A. 7610)


R.A. 9208 does not contain an offense of child trafficking. Instead, Section 6(a) stipulates that any act of trafficking is elevated to a crime of qualified trafficking when the trafficked person is a child. In other words, any act of trafficking defined in Section 4 may be classified as child trafficking when a child victim is involved. The crimes of child trafficking and attempted child trafficking are defined in Sections 7 and 8 of R.A. 7610. The later enactment of R.A. 9208 did not repeal these crimes. Section 32 of R.A. 9208, the repealing clause, explicitly states that R.A. 9208 shall not in any way amend or repeal the provision of R.A. No. 7610. Accordingly, it is clear that R.A. 9208 does not repeal Sections 7 and 8 of R.A. 7610. Section 7 of R.A. 7610 provides: Any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age. The elements of child trafficking under R.A. 7610 are thus: 1. Act of trading and dealing; e.g., buying and selling for money or any other consideration 2. Of a child/children Buying and selling a child for money or any other consideration, or barter is provided as an example of the act of trading and dealing. By implication, trading and dealing encompasses more acts than buying and selling.

32

According to its ordinary meaning, trading refers to the business of buying and selling or buying goods or services or a transaction or swap.48 Dealing denotes to distribute or to transact business.49 Thus, the evidence of the exchange of a child for some form of consideration is necessary to prove child trafficking under R.A. 7610. There are several key differences between trafficking qualified by minority under R.A. 9208 and child trafficking under R.A. 7610. Firstly, proof of an exploitative purpose is necessary to prove trafficking under R.A. 9208. The offense of child trafficking under R.A. 7610, however, does not require proving an exploitative purpose, and the intention of the accused to trade or deal children is not relevant. Secondly, proof of trading and dealing, buying and selling, bartering, or exchange for consideration is necessary to prove the offense of child trafficking under R.A. 7610. In contrast, R.A. 9208 contemplates many other acts of trafficking in addition to trading or transacting, and the exchange of consideration is not an element of the crime of trafficking under R.A. 9208. Finally, child trafficking under R.A. 7610 and qualified trafficking under R.A. 9208 differ in their penalty provisions. The penalty for a conviction of qualified traffickinglife imprisonmentis significantly more severe than the possible penalty for a child trafficking conviction under R.A. 7610, which is reclusion temporal to reclusion perpetua. Thus, from a prosecution perspective, it is always preferable to bring a charge of qualified trafficking under R.A. 9208. However, in cases where the evidence is unlikely to support a qualified trafficking charge, e.g. where evidence of exploitative purpose or intention to exploit is lacking but evidence of a transaction exists, it may be worthwhile to allege a case of child trafficking under R.A. 7610.

ii. Attempted Child Trafficking (Section 8, R.A. 7610)


Section 8 of R.A. 7610 defines five prohibited acts that are deemed attempts to commit child trafficking. This section is similar to Section 5 of R.A. 9208 (Acts that Promote Trafficking) in that both sections penalize specific offenses with sanctions that are something less than those prescribed for true acts of trafficking. The use of the term attempt should not be confused with the general doctrine of attempts (described in Article 6 of the RPC). Only those acts specified in Section 8 are punishable as attempts to commit child trafficking. In trafficking in persons cases, it is always advisable to bring charges under R.A. 9208, which provides for stronger penalties than other anti-trafficking laws such as Sections 7 and 8 of R.A. 7610. Nevertheless, because the acts contained in Section 8 of R.A. 7610 are particular and different from those listed in Section 5 of R.A. 9208, familiarity with the former can be invaluable in fulfilling the objective of crafting the most comprehensive and thorough charges.

48 49

Blacks Law Dictionary (8th Ed. 2004). Ibid.

33

E.

USE OF TRAFFICKED PERSONS - SECTION 11


SEC. 11. Use of Trafficked Persons. Any person who buys or engages the services of trafficked persons for prostitution shall be penalized as follows: (a) First offense six (6) months of community service as may be determined by the court and a fine of Fifty thousand pesos (P50,000); and (b) Second and subsequent offenses imprisonment of one (1) year and a fine of One hundred thousand pesos (P100,000).

i.

Section 11 is limited to prostitution

Any person who buys or engages the services of a trafficked person for prostitution may be punished under this section. However, Section 11 is specifically limited to instances of trafficking for prostitution, not for any other purpose. It is important to note that this section does not penalize the use of prostituted persons who are not trafficked. The penalty for a Section 11 violation is graduated for second and subsequent offenses for the purpose of deterring recidivism.50 Nevertheless, the extraordinary lightness of the penalty under this section makes it a fairly unattractive option for prosecution.51 ii. Ignorance of the fact that the person was trafficked for prostitution is not a defense

Under this section, knowledge of the fact that a person was trafficked is irrelevant. Unlike Section 5(g), the law does not use the word knowingly. The simple commission of the act constitutes the entire offense.52 Hence, the mere use of a trafficked person for prostitution is sufficient to incur criminal liability under Section 11. Creating an offense of absolute liability under this section was clearly the legislative intention of the enacting Senate of R.A. 9208. Senate deliberations made this evident. The Senate Bill containing the draft Act had originally contained a provision penalizing a person who patronizes, buys or engages the services of persons, especially women and children, for
During the Drilon amendments of R.A. 9208, March 19, 2003, Sen. Drilon explained: Under our penal statutes, a recidivist would be penalized on a higher penalty. A recidivist is one who repeats the offense. Sen. Aquino-Oreta: So if it is repeated, then it becomes graver? Sen. Drilon: That is correct. 51 In some cases that fall under the purview of Sec. 11, it may also be possible to prosecute under Sec. 5(g), which imposes a higher penalty. Refer to discussion of Sec. 5(g) in Section C, above. 52 When a statute plainly prohibits an act and uses no word to imply that the prohibited act shall be done knowingly or willfully and the act is done, the statute implies the guilty intent, although the offender was honestly mistaken as to the meaning of the law he violated. Where the language is plain and positive, and the offense is not made to depend upon the positive, willful intent and purpose, nothing is left to interpretation. U.S. v. Go Chico, 14 Phil. 128.
50

34

sexual exploitation. The following Senate debate over that provision eventually resulted in its disposal and the creation of Section 11: MR. PRESIDENT (Sen. Franklin M. Drilon): Is that the intention to punish one who, without any knowledge that the person is a trafficked person, buys the services of that person for sexual exploitation and the person now is subject to imprisonment of eight years and one day to 14 years and eight months. Sen. Estrada: Sabit po siya dito dahil [Hes culpable here because] Mr. President: Even without the knowledge of the purchaser of the services. Sen. Estrada: Ganito po yon [Its like this]. it is our responsibility to make men change their behavior by all means availableeducational, cultural or through legislation which penalizes men for the crime of sexual exploitation. xxx Mr. President: Obviously the penalty is imposed on one who, even without knowledge that the prostitute is a trafficked person, gets penalized for eight years and one day to 14 years and eight months for buying the services of the trafficked person. I find that a little harsh, to say the least. xxx Sen. Oreta: Mr. President, I just wanted to clarify. The very purpose of this bill is really to give teeth to the law on the trafficking of women. Thus, a provision in charging or at least in penalizing the user of trafficked women was placed there precisely to discourage that this thing will be happening to women. xxx Sen. Estrada: Mr. President, we see the wisdom raised especially coming from the Senate President. Maybe we will have to fine-tune this particular provision. The foregoing discussion reveals the concerns of the Senate over, on the one hand, the severity of the proposed penalty for the offense and, on the other hand, the necessity to penalize those who buy or engage the sexual services of trafficked persons, whether or not 35

they do so with knowledge of their trafficked status. Section 11 addresses both of these concerns by retaining the offense but decreasing the penalty attached therewith. iii. Prior conviction under the law is not necessary

This section requires that there be a trafficked person. As in Section 5(f), this means that there must be independent evidence proving that the victim is a trafficked person. It is not necessary that there be a prior conviction of trafficking in persons before prosecuting use of trafficked persons under Section 11. The evidence may be simultaneously presented during the same proceeding to show that the victim was trafficked and that the accused used such person by buying or engaging his or her services for sexual intercourse or lascivious conduct.53 Box 5: Possible Additional Charges Under Other Laws In view of the lightness of the penalty imposed for a Section 11 offense, it is worthwhile to explore other laws that criminalize acts falling within the purview of Section 11.

i. Benefiting from or making use of persons held under involuntary servitude or forced labor (Section 5(g), R.A. 9208)
If a person who buys or engages the services of a trafficked person for prostitution knows that such person is being held in conditions of involuntary servitude, forced labor or slavery, then the preferential charge is a violation of Section 5(g), which imposes a higher penalty than Section 11. Section 5(g) imposes a penalty of 15 years imprisonment and a fine of not less than Five Hundred Thousand Pesos but not more than One Million Pesos.

ii. Child Prostitution and Other Sexual Abuse (Section 5, R.A. 7610)
Where the act in question involves the use of a child for prostitution, a charge under Section 5 of R.A. 7610, the Special Protection of Children Against Abuse, Exploitation and Discrimination Act, may be appropriate. Section 5(b) criminalizes the actions of offenders who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subject to other sexual abuse. Under Section 5, a child is deemed exploited in prostitution or subject to other sexual abuse when the child indulges in sexual intercourse or lascivious conduct a) for money, profit, or any other consideration, or b) under the coercion or influence of any adult, syndicate or group. The Supreme Court in the seminal case of People vs. Ernesto Larin emphasized that Section 5 covers not only a situation in which a child is abused for profit, but also one in which a child, through coercion or intimidation, engages in any
53

See definition of prostitution in Rep. Act No. 9208 (2003) sec. 3(c).

36

lascivious conduct. Hence, [Section 5] penalizes not only child prostitution, the essence of which is profit, but also other forms of sexual abuse of children.54 In order to prove a Section 5(b) offense under R.A.7610, it is necessary to demonstrate that the offender engaged in an act or acts of sexual intercourse or lascivious conduct with the child.55 In addition, it is necessary to demonstrate that the act was conducted either (1) for money, profit or other consideration, or (2) under coercion or influence by the offender. In contrast, evidence of an actual act or acts of sexual intercourse or lasciviousness is not necessary to prove prostitution under R.A. 9208; evidence of a transaction, scheme or design for sexual intercourse or lascivious conduct in exchange for money, profit or other consideration is sufficient.56 In other words, the evidentiary burden to prove a crime under Section 5(b) of R.A. 7610 is higher than that for Section 11 of R.A. 9208. Nevertheless, in view of the lightness of the penalty for a Section 11 offense, when adequate and compelling evidence exist, it is preferential to prosecute under the law contained in R.A. 7610. The penalty for a Section 5(b) offense under R.A. 7610 is reclusion temporal in its medium period to reclusion perpetua.

iii. Attempted Child Prostitution (Section 6, R.A. 7610)


It may also be possible to bring a charge under Section 6 of R.A. 7610. Section 6 defines the crime of attempt to commit child prostitution: There is an attempt to commit child prostitution under Section 5, paragraph (a) hereof when any person who, not being a relative of a child, is found alone with the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse. This law does not require that the child be a) a trafficked person, or b) a child exploited in prostitution as defined in R.A. 7610. Any person who is found in the circumstances described in Section 6 may be liable. The penalty is prison correctional medium to prision mayor minimum, or 2 years, 4 months and 1 day to 8 years.

People v. Ernesto Larin, G.R. No. 128777, October 7, 1998. Lascivious conduct is defined in the IRR of R.A. 7610 as the intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction of any object into the genitalia, anus or mouth, of any person, whether of the same or opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person. 56 See Chapter Two, Section D for a discussion on evidence to prove prostitution.
54 55

37

F.

VIOLATION OF CONFIDENTIALITY- SECTION 7


SEC. 7. Confidentiality. At any stage of the investigation, prosecution and trial of an offense under this Act, law enforcement officers, prosecutors, judges, court personnel and medical practitioners, as well as parties to the case, shall recognize the right to privacy of the trafficked person and the accused. Toward this end, law enforcement officers, prosecutors and judges to whom the complaint has been referred may, whenever necessary to ensure a fair and impartial proceeding, and after considering all circumstances for the best interest of the parties, order a closed-door investigation, prosecution or trial. The name and personal circumstances of the trafficked person or of the accused, or any other information tending to establish their identities and such circumstances or information shall not be disclosed to the public. In cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful for any editor, publisher, and reporter or columnist in the 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.

Section 7 provides three core mechanisms by which the rights to confidentiality of both trafficked victims and accused are protected: (1) the option for closed door investigations and proceedings; (2) a prohibition against public disclosure of information; and (3) penalizing violations. i. Power to order a closed-door investigation

Section 7 protects the right to privacy of both the trafficked person and the accused. The law specifically provides that law enforcement officers, prosecutors and judges to whom the case has been referred can order a closed-door investigation, prosecution or trial whenever they find it necessary to protect the fairness and impartiality of the proceedings. In his or her judicial exercise of discretion, the presiding judge should make the following considerations: 1. Recognize the right to privacy of both the trafficked victims and the accused; 2. Ensure a fair and impartial proceeding; and 3. Consider all circumstances for the best interest of the parties For example, whenever a private complainant or her counsel expresses in Court the delicate nature of her testimony or the concomitant dangers with which the same may cause her life, the presiding judge is readily equipped with grounds to conduct the trial closed-door.

38

ii.

Public disclosure prohibited in all cases

Section 7 prohibits any disclosure to the public of the following information: 1. Names of the trafficked person or the accused; 2. Personal circumstances of the trafficked person or of the accused; and 3. Any other information tending to establish the trafficked persons or accuseds: identities and such circumstance or information This prohibition applies to law enforcement officers, prosecutors, judges, court personnel and medical practitioners, as well as parties to the case. Thus, both public officials and private persons who have any participation in the trafficking case or are in any way connected to its proceedings are enjoined from giving information to the public. Even when the proceedings are not officially closed to the public, disclosure of the name and personal circumstances of the trafficked person or accused is still prohibited. The following discussion from the Bicameral Conference Committee on the Disagreeing Provisions of the proposed bills on trafficking in persons clearly demonstrates this intent: REP. ANTONINO-CUSTODIO: No, but I think the intention of the confidentiality clause, at least, in our version is that, whether it is close or not, you are not allowed to publish the name and the circumstances of the trafficked person so that his or her identity can be exposed to the public. It is immaterial whether the judge has ordered a closed-door investigation or trial or not. No, it cannot. Those circumstances REP. ANGARA-CASTILLO: Those circumstances cannot be divulged even if there is no closed-door investigation. REP. LAGMAN-LUISTRO: Kung ang kaso trafficking, automatic close [If the case is trafficking, is it automatically closed]? REP. ANGARA-CASTILLO: No, no. Sometimes hindi [no], eh. REP. ANDAYA-ILUSTRE: Yong [The] name is protected. REP. ANAGARA-CASTILLO: Yeah. confidentiality will have no meaning at all. Otherwise the

SEN. JAWORSKI: You know, I just dont know how you can do that with an open court hearing. Because everybody 39

will be there. Its open. So, somebody can just sneak out and spread the word around. So, thats the same. (informal discussion) SEN. JAWORSKI: Well I think, we have seen it happen many times. There will be a John Doe or an alias but the whole story will be there. REP. ANGARA-CASTILLO: Yeah. But then if you have this kind of provision and you penalize the violation, then it might prevent these people from doing that.57 Section 7 of R.A. 9208 is consistent with the strong protection of privacy afforded in Philippine law to women and child victims of crime. In People v. Cabalquinto, the High Court held that to protect the privacy of women and child victims of violence, their names must be concealed in its decisions, even those that have become part of the public record. Pseudonyms must be used, and personal circumstances of the victim-survivors or any other information tending to establish or compromise their identities, as well as those of their immediate family or household members, must be withheld.58 Thus, the prohibition against disclosure of information applies to both closed-door and open-door investigations. iii. Criminal penalties

Section 10(d), the penal provision relating to Section 7, states: Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of six (6) years and a fine of not less than Five hundred thousand pesos (P500,000) but not more than One million pesos (P1,000,000); The penalty contained in Section 10(d) applies to any person. Thus, the prohibition against public disclosure of names or circumstances of trafficked or accused persons in either open- or closed-door cases is enforceable by criminal sanctions. Section 7 defines a specific punishable act, namely causing publicity, that applies to media practitioners. This prohibition applies to closed-door proceedings, which require a higher degree of privacy than media publicity could easily undermine.

57Bicameral 58

Conference Committee on the Disagreeing Provisions, pp. 055-060. People v. Cabalquinto, G.R. No. 167693, September 19, 2006.

40

G.

PENALTIES AND SANCTIONS

SEC. 10. Penalties and Sanctions. The following penalties and sanctions are hereby established for the offenses enumerated in this Act: (a) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer the penalty of imprisonment of twenty (20) years and a fine of not less than One million pesos (P1,000,000) but not more than Two million pesos (P2,000,000); (b) Any person found guilty of committing any of the acts enumerated in Section 5 shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000) but not more than One million pesos (P1,000,000); (c) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of life imprisonment and a fine of not less than Two million pesos (P2,000,000) but not more than Five million pesos (P5,000,000); (d) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of six (6) years and a fine of not less than Five hundred thousand pesos (P500,000) but not more than One million pesos (P1,000,000); (e) If the offender is a corporation, partnership, association, club, establishment or any juridical person, the penalty shall be imposed upon the owner, president, partner, manager, and/or any responsible officer who participated in the commission of the crime or who shall have knowingly permitted or failed to prevent its commission; (f) The registration with the Securities and Exchange Commission (SEC) and license to operate of the erring agency, corporation, association, religious group, tour or travel agent, club or establishment, or any place of entertainment shall be cancelled and revoked permanently. The owner, president, partner or manager thereof shall not be allowed to operate similar establishments in a different name; (g) If the offender is a foreigner, he shall be immediately deported after serving his sentence and be barred permanently from entering the country; (h) Any employee or official of government agencies who shall issue or approve the issuance of travel exit clearances, passports, registration certificates, counseling certificates, marriage license, and other similar documents to persons, whether juridical or natural, recruitment agencies, establishments or other individual or groups, who fail to observe the prescribed procedures and the requirement as provided for by laws, rules and regulations, shall be held administratively liable, without prejudice to criminal liability under this Act. The concerned government official or employee shall, upon 41

conviction, be dismissed from the service and be barred permanently to hold public office. His/her retirement and other benefits shall likewise be forfeited; and (i) Conviction by final judgment of the adopter for any offense under this Act shall result in the immediate rescission of the decree of adoption.

i.

Section 10(e): Liability of the owner, president, partner, manager or responsible officer

In cases of trafficking in persons where the accused procures or provides the victim to a customer for sexual intercourse or acts of lasciviousness, the usual defense of the accused is that he had no participation in a purely private conversation between the victim and the customer with regards to the offer for prostitution. This is basically an evidentiary matter and it can be refuted by presenting evidence, both object and testimonial, demonstrating the participation of the accused in the transaction. A clear understanding of Section 10(e) is critical in addressing this issue. The provision states that if the offender is a corporation, partnership, association, club, establishment or any juridical person, the penalty shall be imposed upon the owner, president, partner, manager, and/or any responsible officer who participated in the commission of the crime or who shall have knowingly permitted or failed to prevent its commission. The liability falls not only to the person who has permitted its commission, but also to those who have failed to prevent its commission. In both cases, however, there is the requirement of knowledge on the part of the person regarding the trafficking activity. It is therefore critical to establish that the owner or manager knows that prostitution of the victims is happening in the establishment, even if the transactions are between the victims and the customers. For example, one can demonstrate knowledge by showing that the manager or owner heard the transaction conversation and did not act to prevent it ii. Additional sanctions under R.A. 9208

In addition to the more common penalties of imprisonment and fines, the court may also employ the following sanctions: 1. Revocation of SEC registration and license to operate, per Section 10(f); 2. Deportation, per Section 10(g); 3. Administrative liability, dismissal and permanent disqualification, per Section 10(h); 4. Rescission of the decree of adoption, per Section 10(i); and 5. Confiscation and forfeiture, per Section 14 iii. Section 14: Confiscation and Forfeiture 42

SEC. 14. Confiscation and Forfeiture of the Proceeds and Instruments Derived from Trafficking in Persons. In addition to the penalty imposed for the violation of this 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. Implementing Rules and Regulations of R.A. 9208 SEC. 42. Forfeiture of the Proceeds and Instruments Derived from Trafficking in Persons. (a) After conviction, all proceeds and instruments, including any real or personal property used in the commission of the offense, shall be ordered confiscated and forfeited in favor of the State unless the owner thereof can prove the lack of knowledge of the use of such property in the said illegal activity. Any award for damages arising from the commission of the offense may be satisfied and charged against the personal and separate properties of the offender and if the same is insufficient to satisfy the claim, the balance shall be taken from the forfeited properties as may be ordered by the court. (b) During the pendency of the criminal action, no property or income used or derived therefrom which are subject to confiscation and forfeiture, shall be disposed, alienated or transferred and the same shall be in custodia legis and no bond shall be admitted for the release of the same. (c) The trial prosecutor shall avail of the provisional remedies in criminal cases to ensure the confiscation, preservation and forfeiture of the said properties. (d) If the offender is a public officer or employee, the forfeiture of his/her property found to be unlawfully acquired shall be governed by Republic Act No. 1379 otherwise known as An Act Declaring Forfeiture in Favor of the State Any Property Found to Have Been Unlawfully Acquired by Any Public Officer or Employee and Providing for the Proceedings Therefore.

43

When a criminal action is instituted, a separate civil action for the recovery of civil liability arising from the offense charged is deemed to have been filed along with the criminal case.59 This is pertinent in trafficking in persons cases where there are private complainants. Section 14 of R.A. 9208 (read in tandem with Section 42 of the IRR) authorizes the court to order, after conviction, the confiscation and forfeiture, in favor of the State, of all proceeds, properties and instruments derived from or used in the commission of the crime. The importance of this provision is twofold. Firstly, it helps to ensure that any award for civil damages may be satisfied, particularly in the case where the personal and separate properties of the offender are insufficient to do so. Secondly, in addition to ensuring justice for individual victims, it also serves a preventive function, as the confiscated and forfeited properties accrue to a Trust Fund used exclusively for programs which prevent future acts of trafficking and protect and rehabilitate trafficked persons.60 Prosecutors should use this provision by filing a motion to confiscate or to effect the forfeiture of all relevant properties. In cases that are pending judgment, prosecutors should file a motion for attachment to place all properties which are subject to confiscation and forfeiture in custodia legis, pursuant to Section 42(b) of the IRR. Additionally, Section 42(c) of the IRR provides that the trial prosecutor may use the provisional remedies in criminal cases, as stipulated in Rule 127 of the Revised Rules of Criminal Procedure. Thus, a motion for attachment of the property of the accused may be based on any of the grounds listed in the provisional remedies rule, or on the grounds provided in Section 42(b). Such action prevents the accused from disposing, alienating or transferring his or her property while the criminal proceeding is ongoing. BOX 6: SUMMARY OF PENALTIES UNDER RA 9208

UNLAWFUL ACTS/ SECTION OF R.A. 9208


Qualified Trafficking in Persons (Sec. 6) Acts of Trafficking in Persons (Sec. 4) Acts that Promote Trafficking in Persons (Sec. 5) Violations on Confidentiality (Sec. 7)

PRISON SENTENCE
Life Imprisonment

FINES/OTHER PENALTIES
2 million 5 million pesos

20 years

1 million 2 million pesos

15 years

500,000 - 1 million pesos

6 years

500,000 - 1 million pesos

59 60

RULES OF COURT, Rule 111, sec. 1. Rep. Act. No. 9208 (2003) sec. 15.

44

Use of Trafficked Persons (Sec. 11) 1. First offense 2. Second and subsequent offenses

None 1 year

6 mos. community service and 50,000 pesos 100,000 pesos

45

H.

CLOSURE OF ESTABLISHMENT UNDER REPUBLIC ACT NO. 9231

While closure of establishment is not one of the sanctions provided for in R.A. 9208, the provisions of R.A. 9231, otherwise known as An Act Providing for the Elimination of the Worst Forms of Child Labor amending R.A. 7610 can be invoked in relation to R.A. 9208. R.A. 9231 provides that all forms of slavery as defined under R.A. 920861 and the use, procuring, offering or exposing of a child for prostitution, the production of pornography or pornographic performances62 shall be prosecuted and penalized in accordance with the penalty provided for in R.A. 9208.63 Thus, in cases of trafficking of children for prostitution or pornography involving an establishment, the provisions of R.A. 9231 on closure of establishment can be invoked. As an administrative remedy, a closure of establishment order under R.A. 9231 is generally much more speedily attainable than the sanctions provided under R.A. 9208, making it a worthwhile remedy to pursue in most trafficking cases involving minors and establishments. i. Jurisdiction

The Secretary of Labor and Employment or his or her representatives, i.e., the Regional Directors, have jurisdiction to enforce and administer the Implementing Rules and Regulations of R.A. 9231, which provides for establishment closures and directs the Regional Directors to enforce and administer closure proceedings.64 The IRR states that the proceeding for closure of establishment shall be summary in nature and may be initiated by the Regional Director motu proprio or upon complaint by any interested party .65 In other words, there are two ways by which the Regional Director can acquire jurisdiction on the matter: (1) on his own initiative, or (2) upon complaint. The authority of the Regional Director to act motu proprio on closure proceedings derives from his visitorial and enforcement power conferred on him by the Labor Code of the Philippines. Section 128 of the Labor Code provides: Article 128. Visitorial and enforcement power. a. The Secretary of Labor and Employment or his duly authorized representatives, including labor regulation officers, shall have access to employers records and premises at any time of the day or night whenever work is being undertaken therein, and the right to copy therefrom [sic],
Rep. Act No. 9231 (2003), sec. 12(d-1). Rep. Act No. 9231 (2003), sec. 12(d-2). 63 Rep. Act No. 9231 (2003), sec. 16(c). 64 The Regional Directors are the duly authorized representatives of the Secretary of Labor and Employment in the administration and enforcement of labor standards in their respective territorial jurisdiction, Sec. 3, Rule I, Rules on the Disposition of Labor Standards Cases in the Regional Offices. 65 DOLE Department Order No. 65-04, sec. 24.
61 62

46

to question any employee and investigate any fact, condition or matter which may be necessary to determine violations or which may aid in the enforcement of this Code and of any labor law, wage order or rules and regulations issued pursuant thereto. b. Notwithstanding the provisions of Articles 129 and 217 of this Code to the contrary, and in cases where the relationship of employer-employee still exists, the Secretary of Labor and Employment or his duly authorized representatives shall have the power to issue compliance orders to give effect to the labor standards provisions of this Code and other labor legislation based on the findings of labor employment and enforcement officers or industrial safety engineers made in the course of inspection. The Secretary or his duly authorized representatives shall issue writs of execution to the appropriate authority for the enforcement of their ordersx x x c. The Secretary of Labor and Employment may likewise order stoppage of work or suspension of operations of any unit or department of an establishment when noncompliance with the law or implementing rules and regulations poses grave and imminent danger to the health and safety of workers in the workplace. Within twenty-four hours, a hearing shall be conducted to determine whether an order for the stoppage of work or suspension of operations shall be lifted or not. In case the violation is attributable to the fault of the employer, he shall pay the employees concerned their salaries or wages during the period of such stoppage of work or suspension of operation. [Emphasis added] This visitorial power of the Regional Director is further described in Section 4 of the Rules on the Disposition of Labor Standards Cases in the Regional Offices, which governs the enforcement of labor standards in the Regional Offices of the DOLE. The Regional Director or his representative has wide latitude to investigate any fact which will help him in the enforcement of labor laws, rules and regulations and/or determination of violations thereof. The investigation may be in the form of actual inspection of the establishment, access to employers records and premises, investigation on any fact, and questioning of employees in the course of their work.66 This is a proactive approach that has been given as a matter of right to the Regional Director. The Supreme Court explained in DOLE Philippines, Inc., petitioner, vs. Medel Esteva that the visitorial and enforcement power granted to the Secretary of Labor and Employment or the Regional Director is quasi-judicial power, which is the power of the administrative agency to
66

Rules on the Disposition of Labor Standards Cases in the Regional Offices, sec. 4.

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adjudicate the rights of persons before it.67 In carrying out their quasi-judicial functions, administrative officers or bodies are required to investigate facts or ascertain the existence of facts, hold hearings, weigh evidence, and draw conclusions from them as basis for their official action and exercise of discretion in a judicial nature. Since this affects the rights of specific persons, the exercise of quasi-judicial power must observe due process.68 The Regional Director may also act upon a complaint filed by any interested party. The IRR does not specify the individuals or parties who may file a complaint, but only states that any interested party may do so. An interested party is anyone who is a party to or a person interested in the outcome of the case.69 It may be an employee or laborer included in the dispute disposed of.70 The Regional Director, in the exercise of his quasi-judicial power, hears proceedings initiated upon a complaint in the same manner as proceedings initiated by him motu proprio. ii. Grounds for the Closure of Establishment

A complaint for closure of establishment employing minor(s) for prostitution or obscene or lewd shows must prove the following elements: 1. The victim is a child; 2. The use, procuring, offering or exposing of the victim; and 3. For pornographic performances or prostitution71 Child pornography refers to any representation of a child engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a child for primarily sexual purposes.72 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.73 In cases filed before administrative or quasi-judicial bodies like the DOLE, a fact is established if it is supported by substantial evidence or by an amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.74 The Regional Director may consider all relevant evidence, because in administrative tribunals the technical rules of evidence are not strictly applied.75

DOLE Philippines, Inc. v. Medel Esteva, et al., G.R. No. 161115, November 30, 2006. Ibid. 69 RULES OF COURT, Rule 130, sec. 18. 70 Luzon Brokerage Company v. Luzon Laborer Union et al, G.R. No. L-4954, September 29, 1952. 71 Rep. Act No. 9231 (2003), sec. 12(d-2). 72 IRR of Rep. Act No. 9231 (2003), IRR, sec. 3(r). This is the same definition as in R.A. 9208. 73 Rep. Act No. 9208 (2003), sec. 3(c). Although R.A. 9231 does not define prostitution, Sec. 16(c) of R.A. 7610 as amended by R.A. 9231 states that any person who violates Sec. 12(d-2) (child pornography and prostitution provision) shall be prosecuted and penalized in accordance with the penalty provided for under R.A. 9208. Since the crime will be prosecuted under R.A. 9208, the definitions provided under that Act shall be applied. 74 RULES OF COURT (1997), Rule 133, sec. 5, as amended. 75 E. Paras, Rules of Court Annotated Vol. 4 (3 rd ed. 2000), p. 705.
67 68

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The Supreme Court further defined substantial evidence as evidence which consists of more than a mere scintilla of evidence but may be somewhat less than preponderance,76 which civil case require.77 iii. Types of Establishment Closure Granted by the DOLE

Section 16(g) of R.A. 7610, as amended by R.A. 9231, provides: The Secretary of Labor and Employment or his/her duly authorized representative may, after due notice and hearing, order the closure of any firm or establishment found to have violated any of the provisions of this Act more than three (3) times. He/She shall likewise order the immediate closure of such firm or establishment if: 1. The violation of any provision of this Act has resulted in death, insanity or serious physical injury of a child employed in such establishment; or 2. Such firm or establishment is engaged or employed in prostitution or in obscene or lewd shows. Further, under Section 21 of the IRR of R.A. 9231, the Regional Director shall undertake the following actions: (a) Order the immediate and permanent closure of an establishment if: i. The violation of any provision of Republic Act No. 9231 has resulted in the death, insanity or serious physical injury of a child employed in such establishment; or ii. Such firm or establishment is employing a child for prostitution or obscene or lewd shows.78 (b) Order the immediate and temporary closure of the establishment if there is imminent danger to the life and limb of the child in accordance with the occupational safety and health standards. An imminent danger is a condition or

University of the Philippines Board of Regents v. Ligot-Telan, 45 SCAD 439, 227 SCRA 359. Spouses Giron v. Obiacoro, CV-33115, September 28, 1994. 78 DOLE Rules and Reg. No. 65-04, (July, 2004), sec. 21(a).
76 77

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practice that could reasonably be expected to cause death or serious physical harm. In no case shall the closure be lifted unless the imminent danger has been abated. For the duration of the closure, the employer shall pay the wages of all employees affected. If, after due hearing, the closure is made permanent, the employer shall pay all employees affected their separation benefits, as provided in the immediately preceding subsection.79 iv. Closure Proceedings

Section 24 of the IRR of R.A. 9231 details the procedures for the closure of establishments employing minor(s) for prostitution or obscene or lewd shows: 1. A complaint by any interested party on the closure of establishment shall be filed with the Office of the Regional Director which has jurisdiction over the establishment, or, the Regional Director, on his own initiative, shall direct the Labor Standards and Welfare Officer (LSWO) to investigate a particular establishment whether it is employing minors for prostitution or pornography. The LSWO shall then prepare the inspection report.80 2. Based on the complaint or the inspection report, the Regional Director shall send a notice of closure to the employer. 3. Within 24 hours from notice, the Regional Director shall call a hearing to confirm the closure, in which the employer shall be given the opportunity to present evidence why closure is not an appropriate remedy. 4. Within 72 hours from the last hearing, the Regional Director shall issue an order confirming or lifting the closure, as the case may be. 5. Any motion for reconsideration of the Regional Directors action shall be resolved by the Secretary of Labor and Employment. Under Section 12 of the Rules in the Disposition of Labor Standards Cases in the Regional Offices, the proceedings shall be summary and non-litigious in nature. Subject to the requirements of due process, the technicalities of law and procedure and the rules governing admissibility and sufficiency of evidence obtaining in the courts of law shall not strictly apply. The Regional Office may, however, avail itself of all reasonable means to ascertain the facts or the controversy speedily and objectively, including ocular inspection and examination of well informed persons. v.
79 80

Other Sanctions

Ibid, Sec. 21(b). Sec. 5. Inspection report. Where the case is assigned to a LSWO for inspection, the latter shall conduct the necessary investigation and submit a report thereof to the Regional Director, through the Chief of the Labor Standards Enforcement Division (LSED), within twenty-four (24) hours after the investigation or within a reasonable period as may determined by the Regional Director. The report shall specify the violations discovered, if any, together with his recommendation and computation of the amount due each worker [Rules on the Disposition of Labor Standards Cases in the Regional Offices].

50

Under Section 21 of the IRR, the Regional Director is vested with the power and authority, in addition to ordering the immediate and permanent closure of establishments employing minors for prostitution or obscene or lewd shows, to do the following: 1. Order the employer to pay all the employees affected by the closure their separation pay and other monetary benefits provided by law; 2. Order the employer to shoulder the transportation cost of the child from the place of work to the DSWD-accredited halfway house and to the childs residence; and 3. Order the employer to shoulder the total actual cost of medical management, recovery and reintegration of the child, or in case of death, the childs funeral expense The investigation report of DOLE on violations that may constitute a criminal offense under R.A. 9231, together with other relevant documents and evidence, shall be immediately forwarded to the provincial or city prosecutor concerned who shall determine the filing of the appropriate criminal charge.81 vi. Execution of a Closure Order

The Labor Code of the Philippines and its Implementing Rules and Regulations provide for the execution of orders, decisions or awards by DOLE: 1. The Regional Director may, motu proprio or on motion of any interested party, issue a writ of execution on a judgment within five (5) years from the date it becomes final and executory, requiring a sheriff or a duly deputized officer to execute or enforce final orders or decisions of the Secretary of Labor and Employment or Regional Director on the closure of establishment employing minors for prostitution or pornography.82 2. In any case, it shall be the duty of the responsible officer to separately furnish immediately the counsels of record and the parties with copies of the decision or order. Failure to comply with the duty prescribed shall subject the responsible officer to appropriate administrative sanctions.83 3. The Secretary of Labor and Employment, or the Regional Director, may designate special sheriffs and take any measure under existing laws to ensure compliance with the decisions, orders or awards, including the imposition of administrative fines which shall not be less than P500.00 nor more than P10,000.00.84

DOLE Rules and Reg. No. 65-04, (July, 2004), sec. 28. LABOR CODE, art. 224, par. (a). 83 Ibid. 84 Ibid., par (b).
81 82

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4. In the enforcement of the writ of execution, one may seek the assistance of law enforcement.85 5. In the exercise of his powers, the Secretary of Labor and Employment or the Regional Director may hold any person in direct or indirect contempt and impose the appropriate penalties therefore.86

85 86

Rules on the Disposition of Labor Standards Cases in Regional Offices, Rule V, sec. 1. LABOR CODE, art. 225.

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II.

CHAPTER TWO: EVIDENCE TO PROVE THE OFFENSE OF TRAFFICKING IN PERSONS

The gathering and preserving of evidence needed for trial often begins prior to the filing of a case and continues on into the litigation phase. During this process, it is important to carefully ascertain the elements of the crime charged and to gather the evidence needed to prove each of those elements.

A. TYPES OF EVIDENCE
There are three main types of evidence that may be presented to prove offenses under the Act: (a) object evidence; (b) documentary evidence; and (c) testimonial evidence. Object evidence is addressed to the senses of the court.87 It includes items that may be perceived by the sense of vision, hearing, taste, smell or touch.88 Object evidence may be exhibited, examined or viewed by the court only when it is (1) relevant to the fact in issue and (2) the present condition of the object is the same as at the time of the commission of the crime. All object evidence must be photographed, labeled, and sealed, and the chain of custody must be recorded and preserved to avoid damage, tampering, or contamination, and to ensure the reliability of the evidence when presented in court. Object evidence in trafficking in persons cases may include: Photographs o Photographs may be presented to show: (i) identity of victims or offenders, (ii) the existence of prostitution, pornography, or other exploitative purposes on the premises of the establishment, and (iii) as corroboration of witness testimony. o Photographs may be submitted as evidence if they are verified to be true and faithful representations of the place or objects to which they refer.89 o The photographs must be verified either by the photographer who took them or by any person who is acquainted with the objects represented.90 Motion pictures and videotapes o Motion pictures and videotapes are useful when presented as evidence to prove the existence of a transaction, scheme, or design involving the use of another person for the purpose of prostitution or pornography. It may also be used to corroborate the testimony of witnesses presented in court.

87RULES 88R.

OF COURT, Rule 130, sec. 1. Francisco, Evidence, (2nd ed.,1994), p.39. 89Ibid. at p. 44. 90Ibid.

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o Authentication of motion pictures or video tapes must be done by submitting:91 1. Evidence as to the circumstances surrounding the taking of the film; 2. Evidence as to the manner and circumstances surrounding the development of the film; 3. Evidence in regards to the projection of the film; and 4. Testimony by a person present at the time the motion pictures or video were taken that they accurately depict the events as he/she saw them when that occurred. o The chain of custody over the equipment used should be preserved and welldocumented. o If using audio-video recordings during an entrapment operation, the following good practices should be followed: The conversation should clearly show that the suspect will provide persons for sex or acts of lasciviousness in exchange for money. The subject of the transaction should be the same victim who will be rescued. If possible, the money exchanging hands should be captured on video, making sure that the faces of the ones receiving the money and giving the money are seen. Marked money o Marked money may be presented as proof for the payment of sexual services or lascivious conduct. o It should be marked and dusted so that it can be tested for fingerprints after it is recovered. o The chain of custody over the marked money should be preserved and welldocumented. Diagrams, sketches, floor plans, or maps of the establishment o These items may be presented in court to show that the owner or offender knew or should have known that the property was being used for the purpose of trafficking in persons. o They can also be used in court for victims to identify the location where various acts of exploitation occurred. Condoms, drugs, locks, handcuffs, pornographic materials, costumes, medication for sexually transmitted diseases, or sex aids o These items may be presented to show the existence of prostitution, pornography, or other exploitative purposes. o They may be objects found in plain view or recovered from the suspects or the trafficked victim.

91Ibid

at p. 45.

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Documentary evidence consists of writings or any material containing letters, words, numbers, figures, symbols or other modes of written expressions offered as proof of their contents.92 If possible, the original document should always be examined. Law enforcement should keep the original documents or make note of who is in possession. Documentary evidence in trafficking in persons cases may include: Documents that show that the offender transports or transfers a victim o Airline, boat, bus or train tickets o Passports o Passenger manifests o Travel itinerary o Travel permits o Other travel documents Documents that show that the offender recruits victims for the purpose of prostitution or pornography o Advertisements, flyers, or websites showing employment opportunities o Application letters o Appointment books Documents that show that the offender maintains or hires victims of trafficking o Employment contracts o Logbooks o Payrolls o Records of work permits o Hygiene cards Anything in writing purporting to exhibit a deal for prostitution o Contracts or written agreements o Receipts Documents used to show that the offender is the owner, lessor or sub-lessor of a house, building or establishment o Business permits o Licenses o Lease documents o Land Titles o Tax Declarations on Properties Certification of Medico-Legal Officer or Results of Medico-Legal Examination o The purpose of a medico-legal examination is: To document physical injuries that may prove force, coercion or abduction To document sexual contact (sperm or seminal fluid) or other forms of physical abuse

92

RULES OF COURT, Rule 130, sec. 2.

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To conduct tests to identify the perpetrator: DNA, hair or sperm analysis o The prosecution should schedule a medico-legal examination as soon as possible since the earlier the examination is made, the more likely it is to reveal vital information that will aid in the case. o The medical officer should examine the persons entire body for evidence of abuse: e.g. scratch marks on the back or stomach and skin cells under the fingernails. Certification of Psychologists or Medical Specialist or Results of Psychological or Medical Examination o This evidence may prove that a person is unable to fully take care of or protect himself or herself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition, thus bringing the victim under the definition of a child even if the person is 18 years of age or above.93

Testimonial evidence includes statements of witnesses or persons who can perceive, and perceiving, can make known their perception to others.94 Testimonial evidence in trafficking in persons cases may include: Affidavits and sworn statements of the complainants or victims Corroborating testimonies of witnesses o Eyewitnesses o Parents or relatives o Law enforcement officers o Doctors, dentists, or psychologists who have examined the victims o Social workers or counselors working with the victims

93

94RULES

See Box 1 in Chapter One, sec. A. OF COURT, Rule 130, sec. 20.

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Box 7: Ideal list of evidence for a charge of Qualified Trafficking For example, the following is a list of evidence that should ideally be submitted during inquest or preliminary investigation to prove a violation of Qualified Trafficking in Persons and in particular, Section 4 paragraphs (a) and (e) qualified by Section 6 paragraphs (a) and (c) of R.A. 9208. However, this is only a list of the good practices to follow and the prosecution should file a case as long as the evidence to prove the core elements is present. 1. Affidavit of the child containing the following statements: (a) Voluntariness and due execution of the affidavit (witnessed by a representative from the DSWD); (b) First Element: The victim is a child; identity and age of the child; (c) Second Element: Recruiting, transporting, transferring, harboring, providing or receiving a person, maintaining or hiring a person; (d) Third Element: For the purpose of pornography or prostitution; (e) Names of suspects (owner, manager, and/or recruiter) and their participation, the fact that the crime was carried out by a group of three (3) or more persons conspiring with one another; and (f) Name and address of the bar or establishment. 2. Affidavit of arresting officers: (a) Date, time and place of arrest and rescue; (b) Details of operation (as applicable): i. ii. iii. iv. Names of police officers involved and their roles Fact of entry into the bar or establishment Fact that they witnessed the pornographic shows involving minors Fact that they were offered minors for sex or lasciviousness conduct in exchange for money v. Fact that they paid money for sex with the minors vi. Fact that an undercover audio-video camera was used to record the pornographic performance or transaction for sexual services vii. Name of officer who operated the audio-video equipment viii. Name of officer who took custody of the original audio-video recording; (c) Names and personal circumstances of persons arrested and details of their participation; 57

(d) Names and personal circumstances of children rescued (especially age of the children rescued) and fact that they were recruited, transported, transferred, harbored, provided, received, maintained, or hired for the purpose of prostitution and pornography; (e) Annexes: i. Booking Sheet and Arrest Information Sheet/Report ii. Proof of age of victim (birth certificate, baptismal certificate, dental aging, etc., if available) iii. Business Permit or License of Establishment iv. Marked Money v. Results of the medico-legal examination of the victim; and (f) Recommendation for prosecution: specify violation of Section 4, paragraphs (a) and (e) qualified by Section 6, paragraphs (a) and (c) of R.A. 9208, in relation to Section 12-D, paragraph 2 and Section 16 paragraph (c) R.A. 7610, as amended by R.A. 9231, and Section 5 (j) of R.A. 5369. 3. Copy of audio-video recording (The original recording should be sealed in a bag with the date, place of receipt, and name and signature of the person who took custody of the recording, then kept under lock and key.) Other physical evidence: as applicable to the case.

4.

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B. PROOF OF ACTS OF TRAFFICKING


Presenting surveillance data which captures the suspect committing these acts is an ideal way to prove recruiting, transporting, harboring, transferring, providing, receiving, maintaining or hiring is to present. Audio-video recordings of the surveillance and statements by the investigator would suffice as evidence of this element. However, audio-video evidence is difficult to obtain and oftentimes unavailable. Therefore, it helps to be creative in proving vital elements of the crime of trafficking in persons. The following are a few tips: i. Recruitment

Present the victims, parents, guardians or family members to testify regarding the recruiting process. The direct and positive testimonies of these persons are generally the best evidence because the typical medium used in recruitment is conversation. Additionally, if the trafficked person is cooperative, his or her statement will be sufficient to prove his or her origin, how he or she was recruited and ended up working in the establishment. Pamphlets, job orders, calling cards, flyers, photos and other similar documents used by the trafficker during recruitment can be weighty evidence when used to substantiate the testimony of witnesses. ii. Transportation or Transfer Use the direct testimony of the victim to establish the facts surrounding his or her transportation or transfer by the perpetrator. Bus, boat, train and airplane tickets issued in the names of the victims are likewise strong evidence. Passenger manifests, terminal fee receipts, log book entries, and photos of passengers taken by port and terminal offices, are also valuable evidence. Corroborative proof may include testimonies of bus and taxi drivers, bus conductors, airplane and boat crew, and other persons who saw the perpetrator transport or transfer the victims. iii. Harboring, Providing or Receipt Again, the direct testimony of the victim will ideally be the strongest evidence to establish harboring, providing or receipt. Another source of evidence may be testimonies of other persons who witnessed the perpetrator committing these acts. Hotel, motel and boarding house bills, or contract of lease of an apartment, condominium or building, can substantiate the act of harboring the victim. Contracts for security personnel to guard the premises may also provide evidence of harboring.

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The act of providing may be evident in the transaction or actual purchase of the person wherein the pimp or other suspect hands over the person to the customer.

C. PROOF OF MEANS OF TRAFFICKING


In every trafficking in persons offense, one or more of the enumerated means in Section 3(a) must be proved. The exception is when the victim is a child. a) Threat, Use of Force or Coercion The essence of a threat is intimidation.95 It includes a promise of some future wrong, either to the person, their honor or property, or to their family.96 Additionally, the act threatened to be committed must be a wrong, where the wrong may or may not constitute a crime.97 For a grave coercion to exist, the trafficker must have compelled the victim(s) to do something against their will, whether it be right or wrong, by means of violence, threats, or intimidation.98 Since there is often little physical evidence of threat, force, or coercion, the testimony of the victim is the most powerful proof of this element. If the parents, guardians, and/or family members witnessed, have knowledge of, or were themselves threatened, forced, or coerced, they should also be presented to testify in court. Additionally, police reports, written documentation of threats, medical reports and photographs of injuries (where force is involved) can be persuasive when used to corroborate the testimony of witnesses. b) Deception or Fraud Deceit is defined in Philippine law as the false representation of a matter of fact (whether by words or conduct, by false or misleading allegations, or by concealment of that which should have been disclosed) which deceives or is intended to deceive another [so] that he shall act upon it to his legal injury.99 Fraud is an act of trickery, or intentional misrepresentation or concealment intended to mislead or deceive another.100 Again, the key to proving these means is witness testimony. If the victims (or parents and other family members) can recall their conversations with the traffickers regarding what was promised during recruitment, the prosecution can use it to show that such statements were false or misleading and intended to deceive the victim when contrasted with what actually occurred.
L. Reyes, The Revised Penal Code, p. 583. Ibid. 97 Ibid. 98 Ibid at p. 592. 99 Moreno at p. 122 citing Koh Tieck Heng v. People, GR-48535 (Dec. 21, 1990), 192 SCRA 544. 100 Ibid at p. 187 citing San Grace Mining Corporation v. Maria Cristina Chemical Industries, Inc., CV-06464 (November 27, 1987).
95 96

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Other documents like flyers, advertisements, pamphlets, photos, and internet websites can corroborate witness testimony regarding any misrepresentations. c) Abuse of power or of position When attempting to prove abuse of power or of position as the means used in trafficking cases, the prosecution should first present evidence of the position or the status of power held by the trafficker. If, for example, the offender is a member of the military or a law enforcement agency, a certified copy of his or her appointment or certification showing that he or she is a member of such an agency is necessary. Showing only that the trafficker is in a position of power, though, is not enough to prove the means under the Act. The prosecutor must also show that the accused abused that position or power when recruiting, transporting, harboring etc. d) Taking advantage of vulnerability of the victim To prove vulnerability, the prosecution needs to present evidence of facts and circumstances which rendered the victim vulnerable: including, poverty, ignorance, lack of employment opportunities, or history of abuse, among others. The prosecution may present the following in court as evidence of vulnerability: 1. Testimony of the victim: The victim can testify as to her economic situation that forced her to consent to be trafficked. 2. Record of Abuse: Persons who have a prior history of abuse, especially sexual, generally have low self-esteem, seeing themselves as dirty or worthless. This type of vulnerability can be proven not only by the testimony of the victims, but also by using court or barangay lupong tagapamayapa (barangay justice court) records evidencing that a person has been a victim of sexual abuse. 3. Statement of family income: Most victims of trafficking in the Philippines come from very poor families who are often not paying income taxes to the government, making it difficult to present any proof of income. However, prosecutors can obtain certifications from the barangay to establish the income of these families. 4. Certification of Educational Attainment: Victims of trafficking often have little to no education, increasing their vulnerability. Prosecutors can present school records to show that this vulnerability exists. However, it is not sufficient to just present evidence of vulnerability because the Act requires that this vulnerability be taken advantage of by the traffickers. There must be proof of specific instances where the traffickers took advantage of the vulnerabilities of the victims. The vulnerability must be connected to the evidence showing that the trafficker used it to accomplish his or her purpose of trafficking the victim.

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D. PROOF OF PROSTITUTION AND PORNOGRAPHY


i. Proof of Prostitution The Act defines prostitution as either:101 1. Sexual intercourse or lascivious conduct in exchange for money, profit, or consideration; or 2. A transaction, scheme or design involving the use of another person for sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration. Sexual intercourse, as defined in the Philippine Law Dictionary, is the carnal copulation of a male and a female, usually implying actual penetration of the organs of the former and the latter. 102 Based on several decisions involving rape cases, penetration of the vagina need not be full or complete so as to reach and lacerate the hymen in order to consummate the crime. The slightest penetration is sufficient;103 thus, entrance of the male organ within the labia of the pudendum is enough to qualify as sexual intercourse.104 Lascivious conduct is defined under Section 2(g) of the Implementing Rules and Regulation of R.A. 7610, as the intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction of any object into the genitalia, anus or mouth, of any person, whether of the same or opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person.105 a) A sexual act is not necessary to prove prostitution Under R.A. 9208, there is no need for any sexual act to take place in order to prove prostitution. Since the definition of prostitution under the Act includes a 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, it is sufficient to prove that a transaction, scheme or design existed .106
The definition of prostitution under the Act should not be confused with the definition of prostitution under Article 202 of the Revised Penal Code. If the case being prosecuted or investigated is a trafficking case, the definition under R.A. 9208 should be used and Article 202 should not be applied. See Chapter One, Sec. B. 102 F. Moreno, Morenos Law Dictionary (2000), p. 432 citing People v. Batis, GR-94188 (December 17, 1992), 216 SCRA 685. 103 People v. Francisco Tumalad, G.R. No. 84835, (July 31, 1990) citing People v. Rebancos, 172 SCRA 425 (1989); People v. Budol, 143 SCRA 241 (1986); People v. Ytac, 95 SCRA 644 (1980); People v. Danilo Palicte, G.R. No. 101088, (January 27, 1994); People v. Gregorio Cura, G.R. No. 112529, (January 18, 1995). 104 People v. Rafael Ortiz, G.R. Nos. 85053-60, (August 30, 1990) citing People v. Cruz, G.R. No. 82121, (December 29, 1989); People v. Danilo Palicte, G.R. No. 101088, (January 27, 1994). 105 People v. Romeo G. Jalosjos, G.R. Nos. 132875-76 (November 16, 2001). 106 Rep. Act No. 9208 (2003), sec. 3(c).
101

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A transaction is the act or an instance of conducting business or other dealings.107 A scheme is a systematic plan; an artful plot or plan, usually to deceive others.108 A design is a purpose or intention combined with a plan.109 To prove a transaction, scheme or design, there must be shown to have been a deal involving a person who will engage in sexual intercourse or lascivious conduct with another person, for money, profit or any other consideration. For example, in a sting operation, the conversation with the suspect should clearly show that the suspect will (1) provide persons for sex or acts of lasciviousness (2) in exchange for money. As soon as there has been an exchange of money in consideration for the sexual services involved in the deal, prostitution has actually happened. An audio-video recording of the suspect(s) providing persons for sex or lascivious conduct in exchange for money is the best evidence to show that a transaction, scheme or design exists. Ideally, the faces of the suspect(s) and the exchange of money should be visible on the video. In order to verify the audio-video recording, the person who operated the equipment must be ready, willing and able to testify in court as to how he or she took the audio-video, what equipment he or she used, when and where he or she took the recording and also to testify that the audio-video recording accurately depicts the events as he saw them when they occurred. However, if the person who took the recording is not available, the testimony of the police officer who acted as poseur-customer will be sufficient to prove the transaction. If marked money was used, the prosecution can introduce it as further evidence of the transaction, particularly if the suspects fingerprints are found on the money. b) Meaning of any other consideration under the definition of prostitution Consideration as defined in Philippine law is:, [s]ome right, interest, benefit, or advantage conferred upon the promisor, to which he is otherwise not lawfully entitled, or any detriment, prejudice, loss, or disadvantage suffered or undertaken by the promisee other than to such as he is at the time of consent bound to suffer.110 Therefore, any other consideration under the Act does not necessarily have to involve the actual payment of money in exchange for sex or lascivious conduct. The session of the Congressional Bicameral Committee reveals that it may in fact include anything that has economic value: REP. MAZA: Madam Chair, also on page 2, definition of prostitution, line 25, Or any other considerations. I think this is quite broad. This can be interpreted as anything. Perhaps, we can say, Exchange for money or profit or any similar consideration.
Blacks Law Dictionary, (7th ed., 1999). Ibid. 109 Ibid. 110 Moreno at p. 93-94, citing Olegario v. CA, 56 SCAD 527, 238 SCRA 102.
107 108

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SEN. DRILON: Because, Liza, an offer of employment is a consideration. But that is Anyway, in law, this is generally understood when we say money profit or any other consideration. 111 In the context of trafficking in persons, then, consideration may include an offer of employment opportunities to the victim or other family members, a cancellation of debts, or payment in the form of merchandise. ii. Proof of Pornography For a variety of reasons, victims who are rescued often deny undressing on stage in front of an audience, exposing their private body parts, or even dancing in a suggestive or provocative manner. If this is the case, the evidence gathered by law enforcers, as well as their observations reflected in affidavits, become of the utmost importance. It is crucial that the evidence support the allegation, showing that the type of performance witnessed onstage conforms to the laws definition of pornography. R.A. 9208 defines pornography as 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.112 This definition covers the kind of show that is often seen in bars. The lustful and sensual dances performed on stage, the daring and suggestive outfits worn, the intentional exposure of private parts in front of an audience clearly fall under representation of sexual parts of a person for primarily sexual purposes. The performances do not necessarily have to involve nudity in order to be considered pornographic. In the case of People v. Reyes, the Supreme Court defined pornography as any portrayal of exotic behavior designed to cause sexual excitement.113 This description parallels the definition under R.A. 9208, which brings any indecent show intended and designed primarily to cause sexual excitement under its scope, capturing the essence of the seductive dance shows seen in nightclubs and bars. As when proving prostitution, the best evidence to prove pornography is a video recording showing indecent shows on display within the establishment. However, victim affidavits, victims costumes, or flyers or posters advertising indecent shows may also prove pornography. a) Obscene or indecent shows are not valid forms of entertainment
Bicameral Conference Committee on the Disagreeing Provisions of Senate Bill No. 224 and House Bill No. 4432 [Anti-Trafficking Act of 2003]; May 7, 2003, p. 12-13. 112 Rep. Act No. 9208 (2003), sec. 3(h). 113 G.R. No. L-7295, June 28, 1957
111

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Jurisprudence on what constitutes indecent or obscene refutes any defense raised by the accused that the provocative shows on display in bars are acceptable, legal forms of entertainment. While the Supreme Court reasoned in People v. Del Fierro that the term obscenity is not a technical term of the law or one susceptible to an exact definition in its judicial uses, the word has a general sense as meaning offensive to morality or chastity, something that is indecent or nasty. The landmark case of U.S. v. Kottinger describes obscenity as something offensive to chastity, decency, or delicacy.114 The test to determine what is obscene is if it has a tendency to deprave or corrupt those whose minds are open to such immoral influences or shocks the ordinary and common sense of men as an indecency.115 Indecency is defined in broader terms as an act against good behavior and a just delicacy.116 Applied to trafficking in persons cases, the provocative performances witnessed in the bars are indeed capable of meeting the definition of obscenity or indecency as enumerated by the Court, because these dances are capable of causing immoral, lewd thoughts and corrupting the minds of the men in the audience. Furthermore, applying the test of obscenity in Gonzales v. Katigbak one can strongly argue that the dances, the skimpy clothes and the slow undressing onstage of the girls are, to any average person (applying contemporary standards), intentionally alluring to their prurient interest.117 b) Obscene or indecent shows are not protected by any artistic value Any defense by the accused that the performances have artistic value will not stand. The Supreme Court held in People v. Lee that while the wearing of briefs and abbreviated suits, or panties and brassieres in beach resorts cannot be construed as exhibiting an indecent act, the moment a person wearing either dances at a midnight show before a male audience in an alltoo-revealing manner, pulchritude is transformed into obscenity and the actor cannot, under the guise of art, claim immunity. Success in pinning down indecent or lewd shows as pornography therefore lies not only in the evidence and the manner by which such evidence is used to conform to R.A. 9208s definition, but also in the way the prosecution argues that the evidence meets the tests of obscenity as laid down by jurisprudence.

45 Phil. 352 (1923). Ibid. 116 Ibid. 117 137 SCRA 717 (1985).
114 115

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E. PROOF OF MINORITY
When proving qualified trafficking under Section 6(a), proof of age of the victim may be difficult to establish. In many cases, traffickers coach or threaten victims to lie. Therefore, one or more of the following items should be used as proof of age in court: i. An authenticated birth certificate of the child is best evidence; Baptismal certificate; School records; Other authentic documents such as immunization cards, health cards, diaries, contracts, log books containing dates of birth or age; Statement of the child, preferably recorded during undercover surveillance and preferably with the accused confirming the childs age himself or at least within hearing distance during the childs statement; Affidavit of the child; Affidavit of the mother and father; Dental aging examination, which shows the age range but is not conclusive; and/or Bone aging examination, which is more accurate but less readily available.

The Information must allege minority

In trafficking in persons cases, the fact of minority of the victim is not an essential element but a qualifying circumstance. This distinction is significant because, although the information must allege both the essential elements and qualifying circumstances of a crime, the effects of their non-allegation in the information vary. In cases under R.A. 9208, the minority of the victim must be alleged as a qualifying circumstance in the information. This is required under Section 9, Rule 110 of the Revised Rules on Criminal Procedure. In case of failure to do so, the Rules bind the court not to consider its attendance against the accused even if the victims minority is proven in the course of the trial.118 This in effect, downgrades the crime to a simple trafficking case which has a lower penalty. ii. Minority must be proved with equal certainty as the other elements of the crime The prosecution bears the burden of proving all the elements of the crime, including any qualifying circumstances.119 Consequently, in cases where minority of the victim qualifies an act of trafficking, it must be proved with equal certainty as all other elements. As such, nothing less than proof beyond reasonable doubt of every fact necessary to constitute the crime should be established by the prosecution in order for the extreme penalty to be upheld.120
People v Nerio Suela, et. al., G.R. Nos. 133570-71 (January 15, 2002), citing People v. Daniel Mauricio GR No. 133695 (February 28, 2001). 119 Separate Opinions, People v. Nelson dela Cruz y Villatora, G.R. Nos. 131167-68, August 23, 2000. 120 Bellosillo, Separate Opinions, People v. Melencio Bali-Balita, G.R. No. 134266, September 15, 2000.
118

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While there has yet to be jurisprudence on this issue in relation to the Act, opinions by the High Tribunal on cases of rape can be analogously applied. In those cases, the Court has ruled that minority of the victim must be proved with equal clearness and certainty as the crime itself.121 iii. A birth certificate will stand as the best evidence of minority in court The birth certificate of the victim is not only the most reliable, but also considered to be the best evidence to prove minority of the victim.122 Information about the existence of a birth certificate should be gathered from the victim, the mother, and/or relatives of the victim. To be admissible in court, the birth certificate must be authenticated or certified as a true copy of the original. If the copy produced is only a photocopy of the original, then it is necessary to secure an authenticated copy from the National Statistics Office (NSO). Late registration of birth is an admissible evidence of minority when the registration is done before the case was filed and there is sufficient and credible explanation presented in court.123 iv. Other authentic documents may be presented to establish minority In the absence of a birth certificate, the prosecution should investigate the existence of other authentic documents. During trial, the prosecutor must first prove the absence or unavailability of the birth certificate before other evidence can be presented to prove minority124. These documents include Baptismal Certificates, School Records, Health Cards and/or Immunization Cards. In order to be appreciated in court, the documents should show the name of the victim and his or her date of birth and should be in its original form, duplicate original, or certified true copy. v. Testimony of the mother or relatives may be used to prove age of the victim The testimony of the mother and/or relatives is sufficient to prove age of the victim under the following circumstances:125 a) When it can be shown that the birth certificate or other authentic documents were lost, destroyed or are otherwise unavailable. In the case of a birth certificate, it is necessary to secure a Negative Certification of No Record from the NSO to prove its unavailability.

People v. Manuel Pruna y Ramirez, G.R. No. 138471, October 10, 2002. People v. Pruna, G.R. No. 138471, October 10, 2002. 123 People v. Francisco Villar, G.R. No. L-54063, July 24, 1981. 124 People v. Ramos, GR 142577, December 27, 2002. 125 People v. Pruna, G.R. No. 138471, October 10, 2002.
121 122

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b) When the testimony of the mother and/or relatives is clear and credible, and not inconsistent with the other evidence. The prosecution must also be able to present other documents to prove the relationship of the witness to the victim, such as a marriage certificate. If these documents are not available, the witness should have the opportunity to identify and declare his or her relationship to the victim in open court. c) When other authentic documents such as a Baptismal Certificate or School Records corroborate the testimonial evidence. vi. Testimony of the victim is sufficient to prove minority only if age is clearly admitted by the accused The victims testimony will suffice provided that it is expressly and clearly admitted by the accused. Otherwise, the testimony must always be corroborated by other evidence, such as his or her birth certificate, other authentic documents and/or testimonies of his or her mother or relatives in order to be properly appreciated by the court.126 vii. Dental or bone aging may be helpful in establishing minority Dental or bone aging may be helpful in establishing minority during inquest or preliminary investigation when primary evidence have not yet been secured or are not yet available. In most cases, prosecutors admit dental or bone aging results as evidence to establish probable cause of minority. It is therefore advised that dental or bone aging be performed on victims following their rescue for the purpose of establishing minority during inquest proceedings. Dental aging or bone aging may also be presented during trial in addition to the testimony of the child to prove minority. The prosecution should present expert testimony to demonstrate the accuracy of dental aging or bone aging. Box 8: Guideline Set by Pruna Case

126

Ibid. See also People v. Rommel Pine y Garcia, G.R. No. 133441, November 29, 2000.

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In order to remove any confusion that may be engendered by the foregoing cases, we hereby set the following guidelines in appreciating age, either as an element of the crime or as a qualifying circumstance. 1. The best evidence to prove the age of the offended party is an original or certified true copy of the certificate of live birth of such party. 2. In the absence of a certificate of live birth, similar authentic documents such as baptismal certificate and school records which show the date of birth of the victim suffice to prove age. 3. If the certificate of live birth or authentic document is shown to have been lost or destroyed or otherwise unavailable, the testimony, if clear and credible, of the victim's mother or a member of the family either by affinity or consanguinity who is qualified to testify on matters respecting pedigree such as the exact age or date of birth of the offended party pursuant to Section 40, Rule 130 of the Rules on Evidence shall be sufficient under the following circumstances: a. If the victim is alleged to be below 3 years of age and what is sought to be proved is that she is less than 7 years old; b. If the victim is alleged to be below 7 years of age and what is sought to be proved is that she is less than 12 years old; c. If the victim is alleged to be below 12 years of age and what is sought to be proved is that she is less than 18 years old. 4. In the absence of a certificate of live birth, authentic document, or the testimony of the victim's mother or relatives concerning the victim's age, the complainants testimony will suffice provided that it is expressly and clearly admitted by the accused. 5. It is the prosecution that has the burden of proving the age of the offended party. The failure of the accused to object to the testimonial evidence regarding age shall not be taken against him. 6. The trial court should always make a categorical finding as to the age of the victim.127

127

People v. Pruna, G.R. No. 138471 , October 10, 2002.

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CHAPTER THREE: PROSECUTING UNDER REPUBLIC ACT NO. 9208


The main stages in the litigation process are 1) filing and initiating the criminal case, 2) preliminary investigation and filing of Information, 3) arraignment and pre-trial and 4) trial and judgment. This section includes discussion of relevant law and legal issues for each of these four stages.

A. FILING AND INITIATING THE CRIMINAL CASE


i. Filing of Cases SEC. 8. Prosecution of Cases. - Any person who has personal knowledge of the commission of any offense under this Act, the trafficked person, the parents, spouse, siblings, children or legal guardian may file a complaint for trafficking. Section 8 of R.A. 9208 allows any of the following people to file a complaint for trafficking. The following list is not ordered by hierarchy: The trafficked person; The parents or legal guardians of the trafficked person; The spouse of the trafficked person; Siblings of the trafficked person; Children of the trafficked person; and/or Any person who has personal knowledge of the commission of any offense under the Act.

The provision allows anyone with personal knowledge of the crime to file a complaint on behalf of trafficked persons. This ability is particularly important in light of the different obstacles that deter or prevent trafficked persons from filing and pursuing criminal cases: such as, social stigma, economic burdens, fear of reprisal from the accused, and/or lack of confidence in the justice system. If a parent, spouse, sibling, child or legal guardian files the complaint, the Act does not require the complainant to have personal knowledge of the commission of the offense. If, however, someone other than a parent, spouse, sibling, child or legal guardian files the complaint, then the person who files the complaint must have personal knowledge of the commission of the offense. Personal knowledge is knowledge derived from a persons perception.128 A witness may testify about anything he or she knows personally, but it is
RULES OF COURT, Rule 130, sec. 36. A witness can testify only to those facts which he knows of his personal knowledge; that is, which are derived from his own perception, except as otherwise provided in these rules.
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important to remember that the hearsay rule prohibits testimony on issues he or she has only heard about from others.129 A law enforcement officer who has conducted a surveillance operation, and as a result, has witnessed an offense under the Act has personal knowledge of the commission of the offense. In such a case, the law enforcement officer may be the complainant in the criminal case for violation of the Act. The trafficked person need not be the complainant. ii. Venue SEC. 9. Venue. - A criminal action arising from violation of this Act shall be filed where the offense was committed, or where any of its elements occurred, or where the trafficked person actually resides at the time of the commission of the offense: Provided, That the court where the criminal action is first filed shall acquire jurisdiction to the exclusion of other courts. Section 9 of R.A. 9208 allows a criminal action to be filed in the following places: Where the offense was committed; Where any of the elements occurred; or Where the trafficked person actually resides at the time of the commission of the offense

In deciding which venue to choose, the investigating prosecutor must take into consideration several factors including: the distance of the venue, the availability of witnesses, and the financial capacity of the complainants and/or witnesses to sustain a prolonged trial. For inquest cases, however, the prosecutor is constrained by the time periods set forth under Article 125 of the Revised Penal Code (see Inquest sub-section below), and he/she often has little choice but to adopt the venue where the arrest was made and where one of the elements of the offense occurred. iii. Prescriptive Period SEC. 12. Prescriptive Period. - Trafficking cases under this Act shall prescribe in ten (10) years: Provided, however, That trafficking cases committed by a syndicate or in a large scale as defined under Section 6 shall prescribe in twenty (20) years. The prescriptive period shall commence to run from the day on which the trafficked person is delivered or released from the conditions of bondage and shall be interrupted by the filing of the complaint or information and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable to the accused.
129Ibid.

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Section 12 of R.A. 9208 requires complaints to be filed within 10 years from the day on which the trafficked person is delivered or released from the conditions of bondage. However, if the case was committed by a syndicate or in large scale, as defined under Section 6 on Qualified Trafficking, the prescriptive period is 20 years. If a complaint is filed, however, the period ceases to run. The period resumes if the case does not result in a conviction or acquittal or if the proceedings terminate without the fault of the accused. iv. Inquest When the accused is validly arrested without a warrant (in entrapment operations, for example), the prosecutor conducts an inquest proceeding to determine whether probable cause exists to charge the detainee(s) in court. The time period in which to file the information depends upon the offense applicable, and begins to run the moment the accused is arrested and taken into custody. Box 9: Period of Time to File using Inquest Procedures according to Offense Charged under R.A. 9208 Offense Charged
Sec. 4 Acts of Trafficking in Persons Sec. 5 Acts that promote trafficking in persons Sec. 6 Qualified trafficking in persons Sec. 7 Violation of confidentiality Sec. 11 Use of trafficked persons

Imposable Penalty
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) Imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand (P500,000.00) but not more than One million pesos (P1,000,000.00) 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) Imprisonment of six (6) years and a fine of not less than Five hundred thousand (P500,000.00) but not more than One million pesos (P1,000,000.00) Six (6) months of community service and a fine of Fifty thousand pesos (P50,000.00) for the first offense Imprisonment of one (1) year and a fine of One hundred thousand pesos (P100,000.00) for second and subsequent offenses

Inquest Period
36 hours

36 hours

36 hours

18 hours

12 hours

18 hours

Law enforcement must include the following documents with the complaint filed with the inquest prosecutor:

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1. 2. 3. 4.

Investigation report or memorandum for inquest with list of evidence included; Affidavit(s) of the arresting officer(s); Sworn statement of the victims; and Other applicable evidence gathered by law enforcement to prove RA 9208.

v. General Tips for Filing a Complaint 1. Allege every element of the crime- (1) act, (2) means, and (3) purpose of exploitation. For qualified trafficking, all the elements under Section 4 as well as the qualifying elements under Section 6 must be alleged. 2. Allege that the acts occurred for the purpose of exploitation or to promote the trafficking of persons. Only if this element is proven will the accused be liable under R. A. 9208. 3. If the victims are minors, there is no need to look into or allege the means used.130 4. It is always better to allege as many cases and violations as possible and let the prosecutor or judge decide what to dismiss or consolidate. Also, if it is not brought up in the initial complaint or information, it cannot be introduced at trial. 5. Trafficking often extends across regional or national borders. It is better to include the original recruiters and employers in the province or country of destination in the complaint or information. 6. There is no attempted or frustrated trafficking under R.A. 9208 and there is no liability as an accomplice or accessory to trafficking. All actors are considered principals and any preparatory acts to trafficking are punishable as Acts Promoting Trafficking under Article 5. They are punished independently from other trafficking acts and there is no complex crime of trafficking because it is a special law. It is therefore best to file each case independently. 7. Prosecutors may advise law enforcement on which cases to file, help in the preparation of the information, or conduct investigation. 8. When the criminal case is filed, a separate civil case is deemed to have been filed along with the criminal case. However, the prosecutor may want to file a motion to confiscate the properties, or forfeiture, or an attachment in order to place the properties in custodia legis, thereby preventing the accused from disposing of his property.

130

Rep. Act No. 9208 (2003), sec. 3.

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B. PRELIMINARY INVESTIGATION AND FILING OF INFORMATION


i. The Resolution

a) The resolution must show the existence or non-existence of probable cause Since the quantum of evidence required in preliminary investigation is probable cause, the resolution must show whether probable cause in fact exists. To establish probable cause, the findings do not need to be based on clear and convincing evidence of guilt, or evidence establishing guilt beyond reasonable doubt, or on evidence establishing absolute certainty of guilt. Instead, the finding needs only to rest on evidence showing that more likely than not a crime has been committed and that it was committed by the suspect(s). As explained in Brinegar v. United States, although probable cause demands more than bare suspicion, it requires less than evidence which would justify . . . conviction. A finding of probable cause merely binds over the suspect to stand trial. It is not a pronouncement of guilt.131 Knowledge of the elements of the crime charged becomes very helpful in determining the existence of probable cause. Where there is probable cause to believe that all the elements of the crime of Trafficking in Persons are present, then a finding of probable cause to indict the respondent in court should necessarily follow. As there has been no jurisprudence yet on these particular cases, the prosecutor preparing the resolution should emphasize the existence of all the elements of Trafficking in Persons in order to guide the courts understanding of the prosecutors position on that particular case. This will also be useful for the trial prosecutor in the prosecution of the case.132 b) The resolution must justify the venue of the offense The investigating prosecutor should also explain the choice of venue of the offense clearly within the resolution. It must justify why that particular prosecution office has jurisdiction over the case and why the information may be filed in a particular trial court. Trafficking in persons is a continuing offense, and cases may be filed in any court in whose jurisdiction any element took place.133 If the prosecutor believes that the case should be filed before a court outside the investigating prosecutors jurisdiction, he should refrain from making any findings on the merits of the case, and instead refer the case to the particular prosecution officer who will handle the prosecution of the case.134 c) Defects in the information can be cured by the resolution
Webb v. de Leon, 245 SCRA 653, 1995, as cited in the case of Alelio Bernaldez Pen v. Anita Amora de Castro, G.R. No. 104645 (July 23, 1998). 132 G. Arizala at p. 7 133 See Sec. 9, Venue, R.A. 9208. 134 Ibid p. 7.
131

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Although a prosecutors resolution cannot ordinarily be used to prove the offense charged in the information, it may be used to cure a failure of the information to allege some element of the crime. In Olivarez v. CA, for example, the erroneous information did not allege the element of minority of the victim for a violation of the Child Abuse Law (R.A. 7610).135 During trial, however, the prosecution presented evidence of minority without objection on the part of the accused. The Supreme Court held that the defective information was not an irremediable vice, finding that a complaint or resolution of the public prosecutor containing the missing element provided an effective cure.136 In anticipation of any errors the information may contain, the prosecutor should incorporate or discuss all of the elements of the crime charged in the resolution. This remedy, however, is not available for a failure to allege any aggravating or qualifying circumstances in the information. Section 9 of Rule 110 of the Revised Rules of Criminal Procedures provides that any aggravating or qualifying circumstances must be alleged in the information.137 Failure to allege such circumstances in the information cannot be appreciated even if proven during the trial.138 To secure the maximum penalty under Section 6 for a violation of qualified trafficking, the information must always allege the minority of the victim (or other qualifying circumstance). (However, for purposes of proving exemplary damages, aggravating or qualifying circumstances not alleged in the information may be proven during trial.) ii. The Information

In preparing the information for trafficking in persons cases, prosecutors should pay close attention to the specific applicable provision. This is especially important in qualified trafficking cases where the prescribed penalty is life imprisonment. Although the caption and the recital of the information are not controlling, the Supreme Court has admonished public prosecutors to be specific in citing the provision of the law violated to avoid any technicalities that would result in a violation of the right of the accused139 to know the nature of the offense charged.140 The information should cite which among the numerous sections or subsections of R.A 9208 has been violated by the accused. Moreover, it should state the acts and omissions constituting the offense, or any qualifying circumstances attending the same, as required under the Rules of Criminal Procedure141 which provides:
Olivarez v. CA, G.R. No. 163866, July 29, 2005. Ibid. 137 See People v. Suela, G.R. Nos. 133570-71, January 15, 2002. 138 Ibid. 139 CONST. (1987), art. III, sec. 14. This right has the following objectives: 1. To furnish the accused with such a description of the charge against him as will enable him to make the defense; 2. To avail himself of his conviction or acquittal for protection against further prosecution for the same cause; 3. To inform the court of the facts alleged, so that it may decide whether they are sufficient in law to support a conviction if one should be had. 140 G. Arizala at p. 8. 141 RULES OF COURT, Rule 110, sec. 8.
135 136

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SEC. 8. Designation of the offense. The complaint or information shall state the designation of the offense given by the statute, aver the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances. If there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it. What characterizes the charge is the actual recital of facts in the complaint or information.142 Every crime is made up of certain acts and intents which the complaint or information must set forth with reasonable particularity of time, place, name of plaintiff(s) and defendant(s), and circumstances. In other words, the complaint must contain a specific allegation of every fact and circumstance necessary to constitute the crime charged.143 The accused is presumed to have no independent knowledge of the facts that constitute the offense.144 Thus, the Supreme Court, in People v. Flores, remind public prosecutors of their crucial role in crafting criminal complaints and information considering that all efforts may be rendered futile and justice may be denied by a failure to state the acts or omissions complained of as constituting the offense. 145 a) The information must allege the ultimate facts constituting all of the elements of the crime Failure to allege the ultimate facts that constitute the offense charged would make the information an insufficient basis for a conviction. Ultimate facts are materially distinct from conclusions of law. To state, for example, that the victim is a minor daughter of the accuseda conclusion of lawwill not suffice; the information must state the exact age of the victim at the time of the commission of the crimethe ultimate fact.146 The following chart gives further examples of the differences between ultimate facts and conclusions of law. CONCLUSIONS OF LAW the victim is a minor sexual abuse; rape ULTIMATE FACTS the victim is 12 years of age sexual intercourse against the will and consent of the complainant; sexual intercourse of a person below 12 years of age

Lacson v. Executive Secretary, 301 SCRA 298, January 20, 1999. Ibid, citing U.S. v. Karelsen, 3 Phil. 223, 226 (1904). 144 People v. Pedro Flores, Jr., G.R. Nos. 128823-24, December 27, 2002. 145 Ibid. 146 See People v. Baniquid, 340 SCRA 92, September 8, 2000.
142 143

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acts of lasciviousness exploitation

holding the victims breast, genital area, thighs, buttocks; kissing the victim Specific facts that constitute exploitation

b) Jurisdictional facts must be included in the information Although the case may be filed in any of the places mentioned under Section 9 of the Act, the complaint or information must state the jurisdictional facts. For example, if the victims were recruited in Catbalogan, Samar and transported to Cebu City for prostitution, the case may be filed either in Catbalogan, Samar, Cebu City or where the victim actually resided at the time of the commission of the crime of trafficking. If the Cebu City Prosecutor decides to take cognizance of the case, the information should allege that the recruitment was done in Catbalogan, Samar, while the exploitation for the purpose of prostitution occurred in Cebu City, which is within the jurisdiction of the Cebu City RTC. c) It is not necessary to state the exact date of commission of the crime in the complaint or information When the date of the commission of the offense is not a material element of the crime, the failure of the information to state the precise date does not deprive the accused of his right to due process.147 In trafficking cases there is often a long period of time between recruitment and rescue from exploitation. Understandably, the victims may not be able to remember the exact dates of the crimes. To avoid problems during trial, the prosecutor drafting the information may use the terms on or about, sometime, or words of similar import to approximate the date of the commission of the crime.148 d) An owner of an establishment can be charged under R.A. 9208 even if he did not directly participate in the commission of the crime Even if the owner of an establishment was not present during an entrapment operation and, thus, had no direct participation in the transaction for prostitution, he can still be charged under R.A. 9208. Section 10(e) provides for the penalty to be imposed upon an owner if he (1) participated in the commission of the crime or (2) knowingly permitted or failed to prevent its commission.149 Direct participation, therefore, is not a requirement if the owner had knowledge that acts of trafficking were occurring on his property and either allowed the commission of the crimes or did not prevent them from occurring. The inquest prosecutor charging an owner under these circumstances must allege in the information that the accused, as the owner of the establishment, knowingly permitted or failed to prevent the commission of acts of trafficking, a violation of Section 10(e).
RULES OF COURT, Rule 110, sec. 11. See People v. Lizada, G.R. No. 14346871, January 24, 2003; People v. Garcia, 281 SCRA 463, November 6, 1997; People v. Almendral, G.R. No. 126025, July 6, 2004; but see People v. Ladrillo, 320 SCRA 61 (1999). 149 See Chapter One, sec. B.
147 148

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e) Filing several offenses under different laws for the same incident or act does not violate the prohibition against double jeopardy A suspected trafficker may be charged with several offenses under different laws for the same incident or act. This does not invoke the prohibition against double jeopardy. Citing authoritative cases150 of the Supreme Court, Justice Oscar Herrera explains: [T]he protection against double jeopardy may be invoked only for the same offense or identical offense. A single act may offend against two or more entirely distinct and unrelated provisions of law, and if one provision requires proof of an additional fact or element which the other does not, an acquittal or conviction or a dismissal of the information under one does not bar prosecution under the other. Phrased else wise, where two different laws (or article of the same code) defines two crimes, prior jeopardy as to one of them is no obstacle to a prosecution of the other, although both offenses arise from the same facts, if each crime involves some important act which is not an essential element of the other.151 Hence, if an act is punished by two different provisions of law or statutes, but each provision requires proof of an additional fact which the other does not so require, neither conviction nor acquittal in one will bar a prosecution for the other.152 Put differently, where two different laws or articles of the same code define two crimes, prior jeopardy as to one of them is no obstacle to the prosecution of the other, although both offenses arise from the same facts, if each crime involves some important act which is not an essential element of the other.153 Therefore, if the victim is a child, it is practical to include in the information a violation of R.A. 7610, as amended, as it relates to R.A. 9208 so that the prosecutor can invoke provisions included in the former which are not provided for in the latter. R.A. 9208, for example does not include closure of the establishment employing minors for prostitution or pornography, but R.A. 7610 has an exhaustive provision on such closure. Further, R.A. 7610 stipulates prescriptive periods in prosecuting a trafficking case, specifically providing for preliminary investigation of cases filed under the Act to be terminated within 30 days, for the trial to be concluded within 90 days from filing of the information, and for the decision to be rendered within 15 days from the date of submission. While R.A. 7610 states that cases involving child trafficking and prostitution shall be filed under R.A. 9208, it may be

People v. Doringuez, 24 SCRA 163, 171; Perez v. CA, G. R. No. 80838, November 29, 1988; People v. Bacolod, 89 Phil. 621 (1951). 151 Herrera, 2001 ed., p. 629. 152 U.S. v. Capuno, 7 Phil. 24; Perez v. CA, 163 SCRA 236. 153 People v. Doriquez, 24 SCRA 163; Ada v. Virole, 172 SCRA 336.
150

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argued that the prescribed periods also apply where the charge in the information is for violation of R.A. 9208, in relation to R.A. 7610, as amended. iii. Authority of private prosecutor to prosecute trafficking cases

As a general rule, all criminal actions are prosecuted under the control and direction of the public prosecutor. The responsibility to prosecute a crime is on officers appointed and trained for the purpose because the violation of criminal laws is an affront to the People of the Philippines as a whole and not merely the person directly prejudiced, who is the complaining witness.154 Section 5, Rule 110 of the Revised Rules of Court provides: SEC. 5. Who must prosecute criminal actions. All criminal actions commenced by a complainant or information shall be prosecuted under the direction and control of the public prosecutor. x x x As an exception, the Rules of Court allow the intervention of private lawyers to intervene for and on behalf of the private offended parties in the recovery of civil liability. Section 16, Rule 110 of the Revised Rules of Criminal Procedure provides: Section 16. Intervention of the offended party in criminal action. Where the civil action for recovery of civil liability is instituted in the criminal action pursuant to Rule 111, the offended party may intervene by counsel in the prosecution of the offense. Even if the criminal action is prosecuted under the direction and control of the public prosecutor, an offended party may intervene in the proceeding, personally or by attorney, in the recovery of civil liability. The only exception is when the offended party waives his right to civil action or expressly reserves his right to institute it, in which case he loses his right to intervene upon the theory that he is deemed to have lost his interest in its prosecution.155 In the event of intervention, the offended party is always subject to the direction and control of the prosecuting official. On May 1, 2002, the Supreme Court issued Administrative Matter No. 02-2-07-SC amending Section 5, Rule 110 of the Rules of Court, to wit: Sec. 5. Who must prosecute criminal actions. x x x. In case of heavy work schedule of the public prosecutor or in the event of lack of public prosecutors, the private prosecutor may be
154 155

Robert M. Visbal v. Rodolfo Ramos, A.M. No. MTJ-00-1306, March 20, 2001. People v. Capistrano, 90 Phil. 823.

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authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecution to prosecute the case subject to the approval of the Court. Once so authorized to prosecute criminal action, the private prosecutor shall continue to prosecute the case up to the end of the trial even in the absence of the public prosecutor, unless the authority is revoked or otherwise withdrawn. With the issuance of A.M. No. 02-2-07-SC amending Section 5, Rule 110 of the Rules of Court, the Office of the Public Prosecutor may authorize a private prosecutor in writing to prosecute a criminal action subject to the approval of the court in two (2) instances, namely: (i) in case of heavy work schedule of public prosecutors or (ii) in the event of lack of public prosecutors. This is a proactive response by the Supreme Court on the burgeoning problem of an insufficient number of public prosecutors in trial courts. Under the amended rules, the private prosecutor as authorized in writing by the Office of the Public Prosecutor may continue prosecuting the case even in the absence of the public prosecutor.

C. ARRAIGNMENT AND PRE-TRIAL


i. Pre-Trial Conferences There are a few important things to remember about pre-trial conferences in criminal cases: 1) The clerk of court should prepare minutes of the pre-trial conference. In order to bind the parties to the admissions and other agreements during pre-trial, the parties and their counsels should sign the minutes. 2) No evidence is allowed to be presented and offered during the trial other than that identified and marked during the pre-trial except when allowed by the court for good cause shown. While there can be exceptions, make sure that all exhibits are marked during pre-trial so as not to risk the possibility that the judge will not allow submission of additional exhibits. 3) Do not state jurisdiction of the court as one of the matters for stipulation. The other party can object by saying that jurisdiction is conferred by law and not subject to stipulation. Make certain to clarify that what is being offered for stipulation is territorial jurisdiction relative to the offense/s charged. 4) Other matters to propose for stipulation: i. The identity of the accused; ii. Qualification of expert witness/es; iii. Amount of damages; 80

iv. Genuineness and due execution of documents; v. The cause of death or injury, in relevant cases; and vi. Such other matters that would limit the facts in issue. ii. Bail Proceedings The right to bail is not an unabridged right, which all persons indicted for a criminal act can invoke. It may be withheld when the accused is charged with (1) a capital offense or (2) an offense punishable by reclusion perpetua, or life imprisonment, and when the evidence of guilt is strong.156 In trafficking cases, bail should be denied when the charge is qualified under Section 6 of R.A. 9208 in relation to the acts of trafficking committed157 and the evidence of guilt of the accused is strong. The DOJ Department Circular No. 18, series of 2005, provides that no bail is recommended for cases involving violations of Section 4 (Acts of Trafficking) in relation to Section 6 (Qualified Trafficking) of R.A. 9208. In all other cases, the amount of bail to be recommended is based on the number of years of the imposable penalty, multiplied by Ten thousand pesos (Php10,000.00).158 If the accused files an application for bail in qualified trafficking cases, the court should conduct a hearing for the purpose of determining whether the evidence of guilt is strong.159 At the hearing, the burden of proof rests with the prosecution and they should be prepared to present evidence and witnesses, with a focus on presenting evidence which proves the elements of the crime. 160 The prosecution may adopt any evidence presented during the bail hearings as evidence at trial. Box 10: Bail Recommendation for Specific Offenses under RA 9208 Offense Charged Imposable Penalty Recommended Bail
Sec. 4 Acts of Trafficking in Persons Sec. 5 Acts that promote trafficking in persons Sec. 6 Qualified trafficking in persons 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) Imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand (P500,000.00) but not more than One million pesos (P1,000,000.00) Life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five million pesos P200,000.00

P150,000.00

No bail

RULES OF COURT, Rule 114, sec. 7. Punishable with life imprisonment and a fine of not less than Two million pesos (Php2,000,000.00) but not more than Five million pesos (Php5,000,000.00). 158 DOJ Department Circular No. 18, s. 2005, par. 3. 159 Lardizabal v. Judge Oscar Reyes, 238 SCRA 640, December 5, 1994. 160 RULES OF COURT, Rule 114, sec. 8.
156 157

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Sec. 7 Violation of confidentiality Sec. 11 Use of trafficked persons

(P5,000,000.00) Imprisonment of six (6) years and a fine of not less than Five hundred thousand (P500,000.00) but not more than One million pesos (P1,000,000.00) Six (6) months of community service and a fine of Fifty thousand pesos (P50,000.00) for the first offense Imprisonment of one (1) year and a fine of One hundred thousand pesos (P100,000.00) for second and subsequent offenses

P60,000.00

Not applicable

P10,000.00

iii. Preparations of Trial Brief It is also a good practice to prepare a trial brief even before arraignment and pre-trial. Below is a sample Trial Brief Guide.

Box 11: Sample Trial Brief Trial Brief Case Title: Docket No: A. General (a) Provide brief summary of facts of the case. (b) What is the central issue in this case? (c) What is the prosecutions theory? (d) What is the defenses theory? (d) What are the obstacles to a conviction and the plan for overcoming them? B. Time Line Table of events/facts and date C. The Law (a) List each separate crime charged and the elements. (b) List any theory of liabilities being used (e.g. conspiracy). (c) Summarize any relevant case law. D. The Defendants (a) Identify them. (b) Current status (at large, in jail, out on bail, etc.). 82

E. Prosecution Witnesses and Exhibits (a) List and describe witnesses in the order that they will be called. (b) For each witness, prepare the following: i. A short summary of his/her testimony; ii. Outline of direct testimony including exhibits to be presented and lay the foundation; iii. List of potential cross-examination questions and answers; iv. Preparation plan (dates and times of meetings); and v. What are the potential objections to admission of exhibits and responses to those objections? Cite relevant case law or code. F. Defense Witnesses and Exhibits (a) List and describe each potential defense witnesses in order that they will probably be called. (b) For each witness, provide the following: i. The nature of his/her relationship to the defendants; ii. A short summary of his/her expected testimony; iii. Outline of cross-examination; iv. List of potential objections to his/her direct testimony (include cites to law and case law); and v. List and describe each potential defense exhibits that will be offered into evidence through this witness (attach as exhibits). (c) List and describe each potential defense exhibit (attach). (d) For each exhibit, please answer the following questions: i. Why is it not being offered in the prosecution case? ii. What are the potential objections to this exhibit and responses to those objections? Include cites to case law or code? iii. What points can be made on cross examination with this exhibit?

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D. TRIAL AND JUDGMENT


i. Expedited Court Proceedings

Philippine law and rules of procedure include sufficient provisions for time periods within which cases should be acted upon. Prosecutors should invoke these provisions to speed up the administration of justice, and investigating prosecutors should endeavor to adhere to the periods mandated by law in the conduct of the proceedings before them. (a) The Rules of Criminal Procedure161 provide that the investigating officer should determine within 10 days after the preliminary investigation whether there is sufficient ground to hold the respondent for trial162 and forward the record of the case to the reviewing prosecutor within 5 days from the resolution.163 The resolution should be acted upon within 10 days from receipt thereof.164 (b) The Witness Protection, Security and Benefit Act165 provides that in any case where a witness admitted into the program shall testify, the judicial, quasi-judicial or investigating authority should endeavor to finish the proceeding within 3 months from the filing of the case.166 R.A. 9208 provides that any trafficked person is entitled to the witness protection program.167 Thus, in cases where trafficked persons testifies, the hearing or trial should be concluded within 3 months. (c) The Act providing for the elimination of the worst forms of child labor, or R.A. 9231, which amended R.A. 7610, included trafficking and prostitution of children among the worst forms of child labor. It provides that preliminary investigation of cases filed under this Act shall be terminated within 30 days, trial concluded within 90 days from filing of the information, and decision rendered within 15 days from the date of submission.168 Although R.A. 9231 states that cases involving child trafficking and prostitution shall be filed under R.A. 9208, one can argue that the prescribed periods also apply where the charge in the information is for violation of R.A. 9208, in relation to R.A. 7610, as amended by R.A. 9231.169 ii. Rule on the Examination of a Child Witness The courtroom experience can be intimidating and traumatic for the child witness and if not properly addressed by the prosecution, it will lose vital evidence due to the inhibitions
RULES OF COURT, Rule 112, sec. 5. Ibid. at paragraph (f). 163 RULES OF COURT, Rule 112, sec. 4, par. 2. 164 Ibid. 165 Rep. Act No. 6981. 166 Ibid. at sec. 9. 167 Rep. Act No. 9208 (2003), sec. 18. 168 Rep. Act No. 9231 (2003), sec. 16(a). 169 See Chapter One, sec. b(ii).
161 162

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brought by the pressures of trial. To help put child witnesses at ease, the Rule on Examination of a Child Witness include provisions intended to create and maintain an environment that will allow children to give reliable and complete evidence, minimize trauma, encourage them to testify in legal proceedings, and facilitate the ascertainment of truth.170 The prosecutor should be prepared to use the provisions of the rule. a) Assisting Persons The prosecutor may request for the appointment of persons who can assist the child witness during the court process. These persons are trained to address the specific needs of the child, and include: Guardian Ad Litem o In all cases involving children, the court may appoint a guardian ad litem for a child.171 o The guardian ad litem represents the best interests of the child in the criminal case and should be familiar with the judicial process, social service programs and child development. o He/she is entrusted with certain duties, powers and prohibitions. Interpreter o An interpreter may be appointed by the court at the request of the prosecutor or at the judges initiative if the child: (1) does not understand English or Filipino; or (2) is unable to communicate in the English or Filipino due to his/her developmental level, fear, shyness, disability or similar reason. o The interpreter should be someone who the child can understand and who understands the child. This can be a member of the childs family. o If the only person who can serve this role is a witness, the interpreter/witness should testify ahead of the child.172 Facilitator o The court may appoint a facilitator at the request of the prosecutor or at the judges initiative if the child is unable to understand or respond to questions asked. o If a facilitator is appointed, the counsels for the parties will ask all questions to the child through the facilitator. o The facilitator may be a child psychologist, psychiatrist, social worker, guidance counselor, teacher, religious leader, parent or relative.173 Support Persons o A child may bring two support persons to the trial or to a deposition taking.

Rule on Examination of a Child Witness, sec. 2. Ibid. at Sec. 5(a). 172 Ibid. at Sec. 9. 173 Ibid. at Sec. 10.
170 171

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o One of the support persons may accompany the witness to the witness stand and even hold the childs hand during questioning. o The court may disapprove a support person who is also a witness if it believes that the presence of the support person might influence or affect the testimony of the child. If the court allows a witness to be a support person, the support person should testify before the child.174 b) Creating a More Comfortable Courtroom Environment Courtroom Arrangement o To put the child more at ease, the prosecutor can request for a special seating arrangement of the court; o The rule grants the judge discretion to do the following (Sec. 13): (1) Direct and supervise the location and movement of all persons in the courtroom; (2) Allow the child to testify from a place other than the witness chair; (3) Allow the child to face another direction so that she does not have to face the accused, as long as the accused and her counsel have a frontal or profile view of the child; and (4) Not wear the judicial robe. Screens, One-way Mirrors, and Other Devices o The rule provides different measures to protect the child from having to see the accused. o The prosecutor or the guardian ad litem can request that the chair of the child, a screen, a one-way mirror or other device be placed in such a manner as to shield the child from seeing the accused. o However, the courtroom must be arranged to accommodate the accuseds constitutional right to view the child.175 Emotional security item o To further ease the trauma of testifying, the child may hold an emotional security item such as a blanket, toy, or doll during her testimony. o The prosecutor should ask the child before the hearing if he/she wants to hold any item to keep him/her at ease during the trial and make provisions for it if he/she wants. o The prosecutor should make a manifestation before the court about the security item. Excluding the Public o During a childs testimony, the court has the discretion to order everyone who does not have a direct interest in the case to leave the courtroom. The court can do this to protect the childs privacy or if the court finds that allowing the public to listen would cause

174 175

Ibid. at sec. 11. Ibid. at sec. 26.

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psychological harm to the child, hinder the discovery of truth, or hinder the childs ability to communicate effectively due to embarrassment, fear or timidity. o The court may also exclude the public on its own initiative if the evidence presented during trial is of such character as to be offensive to decency or public morals.176 c) Testifying outside the Courtroom Sometimes testifying in the courtroom in the presence of the accused may be too overwhelming for the child, even with the aid of a screen or similar arrangements. In such a case, the prosecutor or the guardian ad litem may ask the judge to allow the child to testify in a room outside the courtroom, such as in the judges chambers, and be televised to the courtroom by live-link television.177 The Child Witness Rule requires that the prosecutor make the request at least five days before the trial date, unless the court finds that the need for televised testimony could not reasonably be foreseen. The judge will evaluate the request and may grant it if there is a substantial likelihood that the child would suffer trauma from testifying in the presence of the accused, [or] his counsel.178 d) Video-taped Deposition of a Child Witness The provision under the Rule on the Examination of a Child Witness on the taking of videotaped deposition is an important tool in preserving the testimony of the witness in the presence of a real danger that the witness will not be available to testify when trial comes. A trafficked victim who has filed a case is vulnerable to harassment and influence by the accused and his or her cohorts in order to make the victim retract his or her statement to frustrate the successful prosecution of the case. The accused may attempt to pressure victims into executing affidavits of desistance and prevent them from appearing in court. Under the Child Witness Rule,179 the following may be done for the taking of video-taped deposition of a child witness: (a) The prosecutor, counsel, or guardian ad litem180 may apply for an order that a deposition be taken of the testimony of the child and that it be recorded and preserved on videotape.181 (b) If the court finds that the child is not able to testify in open court at trial, it should issue an order that the deposition of the child be taken and preserved by videotape.182

Ibid. at sec. 23. Ibid. at sec. 25. 178 Ibid. at sec. 25 (f). 179 Ibid. at sec. 27. 180 Before the guardian ad litem applies for an order, he shall consult with the prosecutor or counsel subject to the second and third paragraphs of Section 25(a) of the Rule on Examination of a Child Witness. 181 Ibid. at par. (a). 182 Ibid. at par. (b).
176 177

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(c) The judge should preside at the videotaped deposition of a child. Objections to deposition testimony or evidence, or parts thereof, and the grounds for the objection must be stated and ruled upon at the time of the taking of the deposition. The other persons who may be permitted to be present at the proceeding are: The prosecutor; The defense counsel; The guardian ad litem; The accused, subject to sub-section (e); Other persons whose presence is determined by the court to be necessary to the welfare and well-being of the child; One or both of his support persons, the facilitator and interpreter, if any; The court stenographer; and Persons necessary to operate the videotape equipment.183

(d) The rights of the accused during trial, especially the right to counsel and to confront and cross-examine the child, must not be violated during the deposition taking.184 (e) If the order of the court is based on evidence that the child is unable to testify in the physical presence of the accused, the court may direct the latter to be excluded from the room in which the deposition is conducted. In case of exclusion of the accused, the court shall order that the testimony of the child be taken by live-link television. If the accused is excluded from the deposition, it is not necessary that the child be able to view an image of the accused.185 (f) The videotaped deposition should be preserved and stenographically recorded. The videotape and the stenographic notes shall be transmitted to the clerk of the court where the case is pending for safekeeping and shall be made a part of the record.186 (g) The court may set other conditions on the taking of the deposition that it finds just and appropriate, taking into consideration the best interests of the child, the constitutional rights of the accused, and other relevant factors.187 (h) The videotaped deposition and stenographic notes should be subject to a protective order.188 (i) After the original videotaping but before or during trial, any party may file any motion for additional videotaping on the ground of newly discovered evidence. The court may order an additional videotaped deposition to receive the newly discovered evidence.189
Ibid. at par. (c). Ibid. at par. (d). 185 Ibid. at par. (e). 186 Ibid. at par. (f). 187 Ibid. at par. (g). 188 Ibid. at par. (h). 189 Ibid. at par. (j).
183 184

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Regarding the admissibility of the video-taped deposition, the court may admit into evidence the videotaped deposition of the child in lieu of his or her testimony at the trial after a finding that the child is unable to testify for any of the following reasons:190 If there is a substantial likelihood that the child would suffer trauma from testifying in the presence of the accused, his or her counsel or the prosecutor as the case may be. The trauma must be of a kind which would impair the completeness or truthfulness of the testimony of the child;191 The witness is dead;192 The witness resides at a distance more than one hundred (100) kilometers from the place of trial or hearing, or is out of the Philippines, unless it appears that his or her absence was procured by the party offering the deposition;193 The party offering the deposition has been unable to procure the attendance of the witness by subpoena;194 and Upon application and notice, the such exceptional circumstances exist as to make it desirable, in the interest of justice with due regard to the importance of justice and to the importance of presenting the testimony of witnesses orally in open court, to allow the use of the deposition.195

In issuing the order for admissibility of the video-taped deposition, the court must state the reasons therefore.196 e) Audio-video taped in-depth investigative or disclosure interview Another effective tool in preserving the testimony of the child victim is the audio-video taped in-depth investigative or disclosure interview. The court may admit audio-video taped in-depth investigative or disclosure interviews as evidence in child abuse cases when it is shown that the child witness is unavailable during trial under the following situations: a) The child is deceased, suffers from physical infirmity, lack of memory, mental illness, or will be exposed to severe psychological injury; or b) The child is absent from the hearing and the proponent of his statement has been unable to procure his attendance by process or other reasonable means. How to conduct the interview The following are guidelines in conducting the audio-video taped in-depth investigative and disclosure interview:

Ibid. at par. (i). Ibid. at sec. 25(f) in relation to sec. 27 par. (i). 192 RULES OF COURT, sec. 23 (c) in relation to sec. 27 paragraph (i). 193 Ibid. 194 Ibid. 195 Ibid. 196 Rule on Examination of a Child Witness, sec. 27(i).
190 191

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1) Duly trained members of a multidisciplinary team or representatives of law enforcement or child protective services should conduct the interview of the child.197 The team may be composed of a representative from a law enforcement agency, a social worker from the Department of Social Welfare and Development (DSWD) or from an accredited private child-caring institution, and/or a child psychologist. If a multidisciplinary team cannot be convened for this purpose, a duly-trained law enforcement officer or representatives of child protective services is sufficient. 2) The members of the multidisciplinary team, or representatives of law enforcement or child protective services should disclose their identity and their participation in the interview during the video taking. The video should be directed in a way that would include the images and voices of those present in the interview at all times.198 3) The interview must be conducted in a place where the witness feels comfortable, and not intimidated by his/her surroundings so that he/she will not feel restrained in divulging crucial information. 4) It is a good practice not to interview the witness alone, especially if the witness is a child. An investigator or a lawyer should interview the witness with a social worker, or the witness support person. The support person could be the parents, a relative or a guardian. 5) Review all existing information before interviewing the witness. Try to get background information beforehand, such as a police blotter. 6) If the witness is a very young child, it might be helpful to provide him or her with an emotional security item of his or her own choosing. 7) Since the purpose of the interview is not just to record the victims statements but also to be prepared to present the recording as evidence in court, if necessary, the interviewer should bring in an interview guide. The interview guide was created for the purpose of providing the interviewer an outline and sample questions on the elements of the crime. Other questions may come up, especially if the witness starts to open up. Admissibility of the audio-video taped interview In order for the audio-videotaped interview to be admissible in court, the party offering the videotape or audiotape must prove that: 199 1) The videotape or audiotape discloses the identity of all individuals present and at all times includes their images and voices; 2) The statement was not made in response to questioning calculated to lead the child to make a particular statement or is clearly shown to be the statement of the child and not the product of improper suggestion; 3) The videotape and audiotape machine or device was capable of recording testimony; 4) The person operating the device was competent to operate it; 5) The videotape or audiotape is authentic and correct; and 6) It has been duly preserved.

Ibid. at sec. 29(b). Ibid. at par. (c), 1. 199 Ibid. at par. (c), 1-6.
197 198

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f) Questioning the Child Aiding the Childs Ability to Recall o The Child Witness Rule takes into consideration the limitation of childrens memories. o It permits the use of testimonial aids such as anatomically-correct dolls, puppets, drawings, or mannequins.200 These may help the child give more accurate details about the sexual exploitation and lessen the trauma by allowing the child to point to the appropriate parts of the doll or drawing rather than talking about the painful event. o Children may have difficulty recalling past events in response to open-ended questions. Under the rule, the court may permit the prosecutor questioning the child to use leading questions.201 Putting the Child at Ease o The rule also has provisions to put the child more at ease during the questioning. o Children may be allowed reasonable periods of rest during the questioning so that they do not get too tired.202 o The court should exercise control over the questioning to make sure that the questions are stated in a form appropriate to the developmental level of the child and to protect the child from harassment or undue embarrassment.203 o Lastly, the court may prohibit the lawyer of the accused from approaching the child if it appears that the child is fearful of, or intimidated by the lawyer.204

iii. Presentation of Audio-Video Evidence in Court The Rules of Court allow the presentation of object evidence, such as an audio-video tape recording, to show the actual commission of a crime and to prove the material allegations in the information. To be admissible, the prosecutor must clearly show to the court the videos relevance to the case. As a general rule, it is essential that it be connected, at least prima facie, with the crime at issue. This is generally not an issue in trafficking cases, as any video evidence that captures the transaction of the sale of a trafficked child for prostitution is connected to the case. Additionally, the prosecutor should show that the contents of the video have not been tampered with and are the same as at the time that it was taken. It is important to note that video evidence does not in itself prove the occurrence of the crime. Testimony must establish the connection of the recording to the crime.

Ibid. at sec. 16. Ibid. at sec. 20. 202 Ibid. at sec. 15. 203 Ibid. at sec. 19. 204 Ibid. at sec. 18.
200 201

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Francisco (supra), a renowned authority on the rules on evidence, states that the use of video tape (as object evidence) in the court room have [sic] become more commonplace in recent times. Citing a decision by a Michigan court, Francisco stated that: x x x A video tape is nothing more than a motion picture synchronized with a sound recording. Therefore, a complete video tape may be received into evidence if the offering party lays the foundation necessary to admit a motion picture and the foundation necessary to admit a sound recording. Thus, where it is testified that the video tape is a true and accurate representation of what it is purported to represent, it is sufficient authentication. Video tapes have been admitted for confessions, admissions, lineups, crime scenes, witnesses testimony, drinking drivers condition, and even to show the actual commission of the crime.205 [Emphasis added] How is video evidence authenticated in court? Authentication of video evidence ordinarily includes: a) Evidence as to the circumstance surrounding the taking of the film; b) Evidence as to the manner and circumstances surrounding the development of the film; c) Evidence in regard to the projection of the film; d) Testimony by a person present at the time the motion pictures were taken that the pictures accurately depict the events as he saw them when that occurred;206 e) The Prosecution must be able to show that the video film produced in evidence is the original video recording or an authentic copy of the original and show that it has not been tampered with. In order to do so, statements must be available which produce the video evidence as an exhibit and which cover its continuity and security; f) If the Police retain the original video film, then a statement from the cameraman who took the film (together with continuity statements) is sufficient to produce the video recorded evidence as an exhibit; g) In respect of evidence obtained from automatic video recording systems, e.g. shop security video systems, a statement should be obtained from the person responsible for operating the video equipment. The statement should include a description of the system used and explain how it works; and h) If the original film is not available or is not in a playable format then the prosecution must establish that the copy produced is an authentic copy of the original recording and if the original is not available that the police do not have possession of it.207

R. Francisco, Evidence Vol. VII, Part 1, (1997 ed.), p. 118, citing State v. Johnson, 18 N.C. app. 606, 197 S.E. 2d 592 (1973). 206 R. Francisco, Evidence (1997) at p. 118. 207 Principles of Video Evidence, The Crown Prosecution Service <http://www.cps.gov.uk/legal/section13/chapter_r.html> April 18, 2007.
205

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iv. Other Relevant Proceedings a) Approval of Authority of Private Counsel to Prosecute A Written Authority to Prosecute is strong evidence that private counsel may appear as private prosecutor under the direction and control of the public prosecutor. Although there has been no jurisprudence on the matter, the clear intent of the rule shows that the authority in effect elevates the private prosecutor to the level of a public prosecutor, and he can prosecute in the same extent as a public prosecutor.208 The Written Authority can be secured by writing a letter to the Office of the Public Prosecutor or the Regional State Prosecutor requesting them to authorize private counsel to appear as private prosecutor in a particular case because of the heavy work schedule of the public prosecutor or lack of public prosecutors assigned to the court where the case was raffled. A Special Power of Attorney or any document showing that the counsel has been engaged by the complainant may be attached to the letter. After securing the written authority, the same should be submitted to the court for approval. b) Issuance of Hold Departure Order In cases where the accused is a foreigner, or where the accused is a flight-risk, the prosecutor must file a motion for the issuance of a Hold Departure Order against the accused. The Regional Trial Courts issuing the Hold-Departure Order must furnish the Department of Foreign Affairs and the Bureau of Immigration of the Department of Justice with a copy each of the Hold-Departure Order issued within twenty-four (24) hours from the time of issuance and through the fastest available means of transmittal.209 The Hold-Departure Order should contain the following information: a. The complete name, including the middle name, the date and place of birth and the place of last residence of the person against whom a Hold-Departure Order has been issued or whose departure from the country has been enjoined; b. The complete title and the docket number of the case in which the Hold-Departure Order was issued; c. The specific nature of the case; d. The date of the Hold-Departure Order; and e. If available, a recent photograph of the person against whom a Hold-Departure Order has been issued or whose departure from the country has been enjoined.210 c) Petition for Bail

See Chapter Three, sec. b(iii). OCA Circular No. 39-97, par. 2, June 19, 1997. 210 Ibid. at par. 3.
208 209

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The prosecution should be ready to present evidence to the court showing that the guilt of the accused is strong in cases of qualified trafficking in persons where the accused files a petition for bail. The Supreme Court has consistently ruled that the prosecution should be given the full opportunity to prove that evidence of guilt is strong because it is a requirement of due process.211 A hearing is absolutely indispensable before a judge can properly determine whether the prosecutions evidence is weak or strong.212 Hence, the prosecution should always be on guard and demand that a hearing be conducted upon filing of an application for bail by the accused. d) Reinvestigation The prosecution should strongly oppose motions for reinvestigation filed by the accused. A motion for reinvestigation may only be filed when new and material evidence has been discovered which the petitioner could not, with reasonable diligence, have discovered during the preliminary investigation and which, if produced and admitted, would probably change the resolution.213 Thus, if the motion is not anchored on new and material evidence, the prosecution should clearly point it out and seek its immediate denial. Further, the Supreme Court has called upon the courts to exercise restraint in granting any reinvestigation with the consequent delay involved, since the weighing and evaluation of such evidence in defense of the accused against the States evidence is best left to its judgment and verdict rather than that of the prosecution.214 v. Counterarguments Against Possible Defenses a) Instigation as a defense in trafficking in persons cases The Supreme Court has clearly delineated the fine distinctions between instigation and entrapment, especially in the way such schemes of apprehension affect criminal liability. Instigation and inducement to commit a crime, for the purpose of filing criminal charges, is condemned as immoral, while entrapment, which is the employment of means and ways for the purpose of trapping and capturing the lawbreaker, is sanctioned and permissible. Under the first instance, no crime has been committed, and to induce one to commit it makes the instigator a co-criminal. Under the latter, the crime has already been committed and the lawbreaker is merely entrapped and captured.215 Consequently, entrapment is no bar to prosecution and conviction; in instigation, the defendant must be acquitted.216 Therefore, in the preparation of affidavits of witnesses, prosecutors should make sure that there are no allegations that would indicate instigation. It should clearly show that the criminal intent originated from the mind of the perpetrators. The affidavit of the arresting
People v. Bocar, 27 SCRA 512. Concerned Citizens v. Judge Elma, 241 SCRA 84. 213 Dept. Order No. 223, Section 7, dated June 30, 1993 as amended by DO No. 359 dated October 17, 1995. 214 People v. La Caste, 37 SCRA 767. 215 People v. Quintana and Doe, G.R. No. 83888, June 30, 1989. 216 People v. Beralde, 139 SCRA 426; U.S. v. Phelps, 16 Phil. 440; People v. Abella, 46 Phil. 857; People v. Luces, supra; and People v. Nillos, 127 SCRA 207; People v. De la Pea, G.R. No. 92534, July 9, 1991.
211 212

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officers/ poseur-customer should allege that it was the perpetrator who offered the minor girls for sexual services and there should be no indication that it was the arresting officers/poseur-buyer who asked for minor girls for sex. Likewise, the prosecutor should make sure that there are no averments in the information that indicate instigation. The defense could use this as a ground for motion to quash under Section 3(h) of Rule 117 of the Revised Rules on Criminal Procedure. If the information contains averments constituting instigation, it should immediately be brought to the attention of the public prosecutor. In such a case, the information should be amended before the accused enters his plea b) Prior surveillance is not indispensable in an entrapment operation While there remains a general belief among law enforcers and lawyers that prior surveillance is an indispensable requirement to validate an entrapment operation, the Supreme Court has in fact held in a string of cases that prior surveillance is not necessary. Chief Justice Artemio Panganiban makes this clear in People v. Wu Tuan Yuan aka Peter Go, stating:217 We have consistently held that prior surveillance of the suspected offender is not indispensable to the prosecution of drug cases. Whether or not the team conducted surveillance before the operation and what sort of information they gathered during the surveillance is of no moment. Suffice it to state that there is no requirement that surveillance should be conducted prior to a buy bust operation, especially when the informant brought the operatives to the scene as what happened in this case. The reason behind the Courts position is the recognition of the fact that in many cases law enforcers do not enjoy the luxury of time when attempting to capture perpetrators in the act of a crime. Holding that prior surveillance is not a prerequisite for the validity of an entrapment or buy-bust operation, the Supreme Court in People v. Antinero Beriarmente, explains:218 In the instant case, while the police testified that they had been observing the suspicious moves of the accused-appellant for about one (1) month, the same is not negated by the absence of a surveillance report. When an informant gave positive news that the accused-appellant was looking for a buyer, the police had to act fast. When time is of the essence, the police may dispense with the need for prior surveillance. Thus, the absence of a surveillance report has no relevance to the validity of the arrest of the accused-appellant.
217 218

G.R. No. 150663, February 5, 2004. G.R. No. 137612, September 25, 2001.

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c) Presentation of marked money in court is not indispensable for entrapment operations Marked money is not essential for the prosecution of trafficking in persons cases, but if used in an entrapment operation, it should be presented with other pieces of evidence to prove that a transaction for the payment of sexual services has occurred. Since the crime of trafficking in persons under R.A. 9208 is still relatively new, it is useful to look at the holdings laid down in drug cases to analyze the value of marked money as evidence during prosecution. The Supreme Court has stated that the presentation of marked money is not indispensable if other evidence can establish the sale of the drugs.219 They have consistently held that the failure to identify and present the marked money used for entrapment is not fatal in drugs buy-bust operations. As long as the prohibited or regulated drug given or delivered was presented before the court and the accused is clearly identified as the offender, the conviction would be proper. In fact, the absence of marked money or its non-presentation in court would not create a hiatus in the prosecutions evidence.220 A recent Supreme Court case states specifically that it was not even essential for the prosecution to present the marked money as its absence does not create a hiatus in the evidence, provided that the prosecution adequately proves the sale.221 Nonetheless, if marked money is used for the sale or transaction for payment of sexual services of trafficked victims, it is best practice to present the same in court aside from other evidence proving the transaction. The marked money should be dusted so it can be tested for fingerprints after it is recovered. Record of where the money came from, its specific denominations and the manner by which the respondent accepted and disposed of it should be clearly shown. At all times, the chain of custody over the marked money should be preserved and documented. d) Recordings of entrapment do not violate the Anti-Wire Tapping Act An audio-video recording of an entrapment operation does not impinge any of the provisions of R.A. No. 4200 otherwise known as the Anti-Wire Tapping Act. A violation of the Anti-Wire Tapping Act can only arise if a telephone wire or cable is tapped. This postulate is anchored on the Courts clear declaration in the case of Gaanan v. Intermediate Appellate Court:222

R. Francisco, The Revised Rules of Court, (1997 ed.), p. 663, citing People v. Garcia, 235 SCRA 371 (1996). Ibid. at p. 662-663, citing People v. Hoble, 211 SCRA 675, (1992); People v. Tandoy, 192 SCRA 28, (1990); People v. Martinez, 235 SCRA 171; People v. Manahan, 238 SCRA 141; People v. Cuachon, 238 SCRA 540. 221 Rufino Lapuz v. People of the Philippines, GR No. 150050, June 17, 2004. 222 Gaanan v. IAC, 145 SCRA 112 (1986).
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[I]t can be readily seen that our lawmakers intended to discourage, through punishment, persons such as government authorities or representatives of organized groups from installing devices in order to gather evidence for use in court or to intimidate, blackmail or gain some unwarranted advantage over the telephone users. The High Court declared that that the wire or cable being referred to by the Act is limited to telephone wire or cable. The Court went on to add in Gaanan that: The phrase device or arrangement in Section 1 of R.A. No. 4200, although not exclusive to that enumerated therein, should be construed to comprehend instruments of the same or similar nature, that is, instruments the use of which would be tantamount to tapping the main line of a telephone. It refers to instruments whose installation or presenceis precisely for tapping, intercepting or recording a telephone conversation. The electronic and mechanical process involved in audio-video recording, does not involve tapping of telephone wire or cable. A fortiori, because there is no physical interruption or wiretapping of telephone line or cable, or installation of any similar device or arrangement involved in an audio-video recording process, no violation of the Act has been committed. Further, Section 1 of R.A. 4200 explicitly and unequivocally makes it illegal for any person not authorized by all the parties to any private communication to secretly record such communication. Private communications or confidential communications do not include conversations made in public or those that one may reasonably expect to be overheard or recorded. These are communications that are supposed to be confined between and among the parties involved in the conversation. Transactions in public places, like bars or on the street for example, is not considered confidential because there is no expectation of privacy. Hence, the audio-video recordings of entrapment operations cannot be considered as a violation of the provisions of R.A. 4200. e) Absence of employer-employee relationship is not a defense in trafficking in persons cases A careful reading of the relevant paragraphs in Section 4 of R.A. 9208 will show that the presence of an employer-employee relationship is not an element of the crime of trafficking in persons and the absence of such a relationship will not hold up in court as a valid defense. First, the acts of trafficking in persons as defined under Section 4(a) expressly includes those done under the pretext of domestic or overseas employment. Thus, the crime of trafficking in persons may still be committed even without a genuine employment relationship provided that it was done under the pretext of one.223
223

See Chapter One, Sec. B.

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Second, according to Section 4(e), the hiring of persons to engage in prostitution or pornography is considered trafficking in persons. It is important to note here that the Act prohibits and punishes the mere act of hiringthe engagement of the labor or services of another for wages or other payment.224 Therefore, there can be no defense that the elements of an employer-employee relationship are not met,225 and presenting proof of an absence of control over the conduct of the victim or the power of dismissal is irrelevant. c) Ignorance of the minority of a child victim is not a valid defense Ignorance of the minority of the child-victim is not a valid defense to the crime of qualified trafficking in persons. Section 6(a) of the Act does not provide that the offender must knowingly or willfully traffic a child. The legal significance of the absence of these qualifiers is that knowledge on the part of the offender of the minority of the victim is not required and, therefore not an indispensable element of the crime. It is a well-settled doctrine in statutory construction that the interpretation of a statute depends upon the intent of the legislature, taking into consideration the nature of the offense, the purpose to be accomplished and such other factors as will throw light upon the meaning of the language.226 Words such as voluntarily, knowingly, or willfully impart criminal intent as a prerequisite.227 On the other hand, where a statute plainly prohibits an act to be done and uses no word implying that the prohibited act shall be done knowingly or willfully, and the act is done, the statute implies the guilty intent, although the offender was honestly mistaken as to the meaning of the law he violated. Where the language is plain and positive, and the offense is not made to depend upon the positive, willful intent and purpose, nothing is left to interpretation.228 Therefore, as long as the trafficked person or victim is a child, the offense committed is qualified trafficking. Since Section 6(a) of the Act does not require that he must have knowledge of minority of the victim, it is of no legal consequence that the offender was ignorant of the minority of the victim. Finally, it would cause great injustice to the underlying spirit of the Act as well as the rationale and provisions of the United Nations Convention on the Rights of the Child (UNCRC) if ignorance of the minority of the victim is considered as a defense. There is a clear statutory bias in favor of minors and against traffickers, manifested in the Act when it considers the the recruitment, transportation, transfer, harboring or receipt of a
Blacks Law Dictionary, 8th ed. (2004). According to the Labor Code, as amended, and as consistently upheld by the Supreme Court, an employeremployee relationship exists when the following elements are present: (1) the selection and engagement of the employees; (2) the payment of wages; (3) the power of dismissal; and (4) the power to control the e mployees conduct. See Pacific Consultants International Asia, Inc., v. Schonfeld, G.R. No. 166920, February 19, 2007. 226 U.S. v. Go Chico, 14 Phil 128 (1909). 227 U.S. v. Ah Chong, 15 Phil. 488 (1910); People v. Salazar, 106 Phil. 221 (1959). 228 U.S. v. Go Chico, 14 Phil. 128 (1909).
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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.229 As such, when the victim is a minor, the means employed to traffic and exploit the victim are no longer important. This bias tells us that the framers of the law intended to give children the highest form of protection against traffickers and it would be highly anomalous if the framers countenanced the too convenient and self-serving defense of ignorance of the minority of the victim. vi. Institution of Civil Action Complete relief should also be accorded to the victims who gravely suffered in the hands of the traffickers. They should receive reparation for the hardships and cruelty that they endured. The civil aspect is impliedly instituted along with the criminal case,230 and the law dictates that the victims be awarded moral damages pursuant to Articles 100 and 104 of the Revised Penal Code and exemplary damages under the Civil Code.231 These actions can also be separately instituted from the criminal action. In such cases, R.A. 9208 exempts the trafficked person from the payment of filing fees. 232 Under the Civil Code, moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation and similar injury.233 In order to award moral damages, there must be pleading and proof of moral suffering, mental anguish, fright or other psychological harm. Although no proof of pecuniary loss is necessary in order to award moral damages, as the amount of indemnity is left to the discretion of the court, it is nevertheless essential that the claimant satisfactorily show the existence of the factual basis of damages and its causal connection to defendants acts. Moral damages, though incapable of pecuniary estimation, are in the category of an award designed to compensate the claimant for actual injury suffered and not to impose a penalty on the wrongdoer. In Francisco v. GSIS,234 the Court held that there must be clear testimony on the anguish and other forms of mental suffering. Thus, if the plaintiff fails to take the witness stand and testify as to his or her social humiliation, wounded feelings and anxiety, moral damages cannot be awarded.235 Exemplary damages, whose determination depends on the discretion of the court, may be imposed by example or correction. 236 In this case, the amount of exemplary damages need not be proved, because its determination depends upon the amount of moral or compensatory damages that may be awarded to the victim. Because one need not prove the amount of exemplary damages, it is not necessary to allege the damages either, as they are incidental or dependent upon what the court may award as moral or compensatory
Ibid. at sec. 3, par. 2. RULES OF COURT, Rule 111, sec. 1. 231 CIVIL CODE, arts. 2229-2234. 232 Exemption from Filing Fees, sec. 13. 233 Ibid. at Article 2217. 234 G.R. No. L-18155, March 30, 1939. 235 Victor Kierulf, Lucila H. Kierulf and Porfirio Legaspi v. CA and Pantranco North Express, Inc, G.R. No. 99343, March 13, 1997. 236 CIVIL CODE, art. 2229.
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damages.237 However, in cases where exemplary damages are awarded because aggravating circumstances attended the commission of the crime,238 such aggravating circumstances must be alleged and proved.239 Actual or compensatory damages must be proved, not presumed.240 Hence, if there are actual damages that can be supported by evidence, the prosecutor must present the evidence during the trial. Criminal liability is ones offense towards society or the State, by violating its laws, regardless of whether or not it has caused material damage to another. The prime purpose of the criminal action is to punish the offender in order to deter him and others from committing the same or similar offense, to isolate him from society, to reform and rehabilitate him or, in general, to maintain social order.241 Civil liability, however, has its basis on the obligation and the moral duty of everyone to repair or make whole the damage caused to another by reason of his act or omission, done intentionally or negligently, whether the same is punishable by law. Hence, the sole purpose of civil action is the restitution, reparation or indemnification of the private offended party for the damage or injury he sustained by reason of the illegal act(s) of the accused.242 Box 12: Proving Civil Damages Involving Child Victims

Singson, et al. v. Aragon and Lorza, 92 Phil 515, 518, January 27, 1953. CIVIL CODE, art. 2230. 239 RULES OF COURT, Rule 110, sec. 8,-9. 240 Malonzo v. Galang et al, G.R. No. L-13851, July 27, 1960. 241 Quinto v. Andres, G.R. No. 155791, March 16, 2005. 242 Ramiscal, Jr. v. Sandiganbayan, G.R. Nos. 140576-99, December 13, 2004.
237 238

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In trafficking in persons cases involving minors, although the proof of means is not an indispensable element, for purposes of proving damages it may be necessary to prove means such as the use of force or other forms of coercion especially when the means resulted in serious physical, or mental, or emotional injuries to the victims. If the use of force as a means of trafficking in persons is not alleged in the information, the court may not admit evidence tending to prove the same upon the objection of the defense. In such a case, the prosecution may not be able to prove fully the maximum damages resulting from the injuries caused to the victims by the use of such force. It becomes especially necessary when such means is at the same time a qualifying circumstance under Section 6 of the Act, such as taking advantage of or abuse of power or of position. It is both a means and a qualifying circumstance. Under existing rules and jurisprudence, a qualifying circumstance cannot be proved if not alleged in the information243. However, proof of a qualifying circumstance justifies the grant of exemplary damages under the Civil Code244. Thus, if the means of committing trafficking in persons which also constitutes a qualifying circumstance is not alleged, the prosecution is deprived of the right to establish proof of exemplary damages. In order to accord complete relief to the victims of trafficking in persons, one should allege the means of committing trafficking in persons in the information even if the victim is a minor.

243 244

RULES OF COURT, Rule 110, sec. 8-9. CIVIL CODE, art. 2230.

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E. PROTECTING THE VICTIMS AND WITNESSES


i. Legal protection to trafficked persons SEC. 17. 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 Act 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 Act shall be irrelevant. There is still confusion regarding the legal status of trafficking victims. Under R.A. 9208, the victims of trafficking are not liable for any crimes that are directly related to the acts of trafficking in question. Victims of trafficking, therefore, should not be treated as criminals themselves. ii. Custody of Minors

a) Protective Custody, when applicable The State, through DSWD, can take protective custody of minors who are victims of sexual abuse, as provided for under R.A. 7610. The exercise of this power is immediate; that is, as soon as the State comes to knowledge of the child who is in an abusive or exploitative situation. Section 28 of R.A. 7610 provides: SEC. 28. Protective Custody of the Child. The offended party shall be immediately placed under the protective custody of the Department of Social Welfare and Development pursuant to Executive Order No. 56, series of 1986. In the regular performance of this function, the officer of the Department of Social Welfare and Development shall be free from any administrative, civil or criminal liability. Custody proceedings shall be in accordance with the provisions of Presidential Decree No. 603. Executive Order No. 56, executed by President Corazon Aquino in 1986, was the first time that the principle of protective custody was used. The Order authorized DSWD, then the Ministry of Social Welfare and Development, to exercise this power over child prostitutes and sexually exploited children.245

245

Subject of Executive Order No. 56.

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Section 9 of the Rules on Reporting and Investigation246 of Child Abuse Cases states that if the investigation discloses sexual abuse, serious physical injury of life threatening-neglect of the child, the duly authorized officer or social worker of DSWD should immediately remove the child from his or her home or the establishment where he or she was found and place him or her under protective custody to ensure his or her safety. A case of trafficked children for sexual exploitation is clearly a case of child abuse. Thus, a duly authorized officer or social worker of DSWD should immediately remove the child from his or her exploitative condition and bring him or her to a safe place. If a law enforcement agency conducts a sting operation involving children who are trafficked for sexual exploitation, a representative from DSWD should be present so that immediate protective custody over the minor can be effected. If a DSWD representative is not present during an operation, Executive Order No. 56, series of 1986 requires the law enforcer to deliver the child immediately to DSWD for protective custody.247 Once the minors are under the protective custody of DSWD, they are under the authority of DSWD rather than the police. DSWD should refer the children for physical and mental examination and thereafter, determine the rehabilitation or treatment program which the child may require,248 such as temporary placement in a DSWD facility for rehabilitation, medical management, and other psycho-social interventions. If the child decides to file charges against the perpetrators by executing an affidavit, DSWD should assist the child in filing the case with the police, and provide the child with counsel as may be necessary.249 DSWD may assist the child until the termination of the case. b) Filing of Petition for Involuntary Commitment Should DSWD decide that the continued confinement of the child in a child-placement facility is for the childs best interest, it should file a petition for involuntary commitment of the child victim under the provisions of Presidential Decree No. 603, as amended.250 In a case regarding the issue of continued confinement of a child in a DSWD facility, the Court of Appeals admonished the DSWD for not observing the proper procedure, stating:251 It is clear that the children were legally placed under protective custody at the time of the raid conducted by the CIDG. Unfortunately, the DSWD did not observe the proper procedure for the childrens continued confinement in the DSWD facilities. We agree with petitioners that a petition
Rules and Regulations on the Reporting and Investigation of Child Abuse Cases (October 1993), pursuant to Section 32 of R.A. 7610. 247 Executive Order No. 56, s. 1986, sec. 1. 248 Rules and Regulation on the Reporting and Investigation of Child Abuse Cases, sec. 12. 249 Rep. Act No. 9208 (2003), sec. 23, par. c. 250 Ibid. at Section 13. 251 In the Matter of the Petition for Habeas Corpus of Leila L. Jimenez, et al, CA-G.R. SP No. 91055. Since there has been no Supreme Court decision yet on the issue, the Court of Appeals decision is instructive.
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for involuntary commitment of the children should have been filed in court by the DSWD. The petition should be filed with the Family Court. If after hearing, the child is found to be dependent, abandoned or neglected, an order should be issued by the Family Court committing him or her to the care and custody of DSWD.252 When a child is committed to DSWD or any duly licensed child placement agency or individual pursuant to an order of the court, his or her parents or guardian should thereafter exercise no authority over him or her except upon conditions imposed by the court.253 Parental authority is restored only upon a judicial order on a petition filed by the parents or guardian of the child.254 c) Voluntary Commitment to a child-placement facility Parents of guardians may also voluntarily commit a child to a placement facility.255 The law requires that the commitment be in writing.256 Once parents or guardians make the commitment, parental authority ceases in the same manner as if a court order is issued.257 Parental authority is restored upon a petition filed by the parents or guardian of the child with DSWD and only upon an assessment by DSWD that the parents or guardian are in a position to adequately provide for the needs of the child.258 DSWD has a crucial role to play in intervening in behalf of children trafficked for commercial sexual exploitation. The application of protective custody and their assessment of the childs condition whether to commit him or her to a child-placement facility play an important piece in the prosecution of a trafficking case.

Pres. Decree No. 603 (1975), arts. 142, 149. Ibid. at art. 151. 254 Ibid. at art. 163. 255 Ibid. at art. 154. 256 Ibid. at art. 155. 257 Ibid. at art. 156. 258 Ibid. at art. 164.
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Appendix A

III. APPENDICES
A. REPUBLIC ACT NO. 9208

AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER PURPOSES Sec. 1. Title. 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 development of programs that will promote human dignity, protect the people from any threat of violence and exploitation, eliminate trafficking in persons, and mitigate pressures for involuntary migration and servitude of persons, not only to support trafficked persons but more importantly, to ensure their recovery, rehabilitation and reintegration into the mainstream of society. It shall be a State policy to recognize the equal rights and inherent human dignity of women and men as enshrined in the United Nations Universal Declaration on Human Rights, United Nations Convention on the Rights of the Child, United Nations Convention on the Protection of Migrant Workers and their Families. United Nations Convention Against Transnational Organized Crime Including its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and all other relevant and universally accepted human rights instruments and other international conventions to which the Philippines is a signatory. Sec. 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 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. (b) 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. (c) Child - refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition. (d) 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. (e) Forced Labor and Slavery - refer to the extraction of work or services from any person by means of enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception.

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Appendix A
(f) 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. (g) 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. (h) 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. (i) 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. (j) Council - shall mean the Inter-Agency Council Against Trafficking created under Section 20 of this Act. Sec. 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit any of the following acts: (a) 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; (b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage; (d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation; (e) To maintain or hire a person to engage in prostitution or pornography; (f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (g) 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; and (h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad. Sec. 5. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate trafficking in persons, shall be unlawful: (a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in persons; (b) 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;

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(c) 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; (d) 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 predeparture registration and services for departing persons for the purpose of promoting trafficking in persons; (e) 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; (f) 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; and (g) 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. Sec. 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking: (a) When the trafficked person is a child; (b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "InterCountry 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 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; and (g) 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). Sec. 7. Confidentiality. - At any stage of the investigation, prosecution and trial of an offense under this Act, law enforcement officers, prosecutors, judges, court personnel and medical practitioners, as well as parties to the case, shall recognize the right to privacy of the trafficked person and the accused. Towards this end, law enforcement officers, prosecutors and judges to whom the complaint has been referred may, whenever necessary to ensure a fair and impartial proceeding, and after considering all circumstances for the best interest of the parties, order a closed-door investigation, prosecution or trial. The name and personal circumstances of the trafficked person or of the accused, or any other information tending to establish their identities and such circumstances or information shall not be disclosed to the public. 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.

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Sec. 8. Prosecution of Cases. - Any person who has personal knowledge of the commission of any offense under this Act, the trafficked person, the parents, spouse, siblings, children or legal guardian may file a complaint for trafficking. Sec. 9. Venue. - A criminal action arising from violation of this Act shall be filed where the offense was committed, or where any of its elements occurred, or where the trafficked person actually resides at the time of the commission of the offense: Provided, That the court where the criminal action is first filed shall acquire jurisdiction to the exclusion of other courts. Sec. 10. Penalties and Sanctions. - The following penalties and sanctions are hereby established for the offenses enumerated in this Act: (a) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer the penalty of imprisonment of twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00);

(b) Any person found guilty of committing any of the acts enumerated in Section 5 shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00); (c) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five million pesos (P5,000,000.00); (d) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of six (6) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00); (e) If the offender is a corporation, partnership, association, club, establishment or any juridical person, the penalty shall be imposed upon the owner, president, partner, manager, and/or any responsible officer who participated in the commission of the crime or who shall have knowingly permitted or failed to prevent its commission; (f) The registration with the Securities and Exchange Commission (SEC) and license to operate of the erring agency, corporation, association, religious group, tour or travel agent, club or establishment, or any place of entertainment shall be cancelled and revoked permanently. The owner, president, partner or manager thereof shall not be allowed to operate similar establishments in a different name; (g) If the offender is a foreigner, he shall be immediately deported after serving his sentence and be barred permanently from entering the country; (h) Any employee or official of government agencies who shall issue or approve the issuance of travel exit clearances, passports, registration certificates, counseling certificates, marriage license, and other similar documents to persons, whether juridical or natural, recruitment agencies, establishments or other individuals or groups, who fail to observe the prescribed procedures and the requirement as provided for by laws, rules and regulations, shall be held administratively liable, without prejudice to criminal liability under this Act. The concerned government official or employee shall, upon conviction, be dismissed from the service and be barred permanently to hold public office. His/her retirement and other benefits shall likewise be forfeited; and (i) Conviction by final judgment of the adopter for any offense under this Act shall result in the immediate rescission of the decree of adoption. Sec. 11. Use of Trafficked Persons. - Any person who buys or engages the services of trafficked persons for prostitution shall be penalized as follows: (a) First offense - six (6) months of community service as may be determined by the court and a fine of Fifty thousand pesos (P50,000.00); and

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(b) Second and subsequent offenses - imprisonment of one (1) year and a fine of One hundred thousand pesos (P100,000.00). Sec. 12. Prescriptive Period. - Trafficking cases under this Act shall prescribe in ten (10) years: Provided, however, That trafficking cases committed by a syndicate or in a large scale as defined under Section 6 shall prescribe in twenty (20) years. The prescriptive period shall commence to run from the day on which the trafficked person is delivered or released from the conditions of bondage and shall be interrupted by the filing of the complaint or information and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable to the accused. Sec. 13. Exemption from Filing Fees. - When the trafficked person institutes a separate civil action for the recovery of civil damages, he/she shall be exempt from the payment of filing fees. Sec. 14. Confiscation and Forfeiture of the Proceeds and Instruments Derived from Trafficking in Persons. - In addition to the penalty imposed for the violation of this 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. Sec. 15. Trust Fund. - All fines imposed under this Act and the proceeds and properties forfeited and confiscated pursuant to Section 14 hereof 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 trafficking and 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 this Act; (b) Sponsorship of a national research program on trafficking and establishment of a data collection system for monitoring and evaluation purposes; (c) Provision of necessary technical and material support services to appropriate government agencies and non-government organizations (NGOs); (d) Sponsorship of conferences and seminars to provide venue for consensus building amongst the public, the academe, government, NGOs and international organizations; and (e) Promotion of information and education campaign on trafficking. Sec. 16. Programs that Address Trafficking in Persons. - The government shall establish and implement preventive, protective and rehabilitative programs for trafficked persons. For this purpose, the following agencies are hereby mandated to implement the following programs; (a) Department of Foreign Affairs (DFA) - shall make available its resources and facilities overseas for trafficked persons regardless of their manner of entry to the receiving country, and explore means to further enhance its assistance in eliminating trafficking activities through closer networking with government agencies in the country and overseas, particularly in the formulation of policies and implementation of relevant programs.

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The DFA shall take necessary measures for the efficient implementation of the Machine Readable Passports to protect the integrity of Philippine passports, visas and other travel documents to reduce the incidence of trafficking through the use of fraudulent identification documents. It shall establish and implement a pre-marriage, on-site and pre-departure counseling program on intermarriages. (b) Department of Social Welfare and Development (DSWD) - shall implement rehabilitative and protective programs for trafficked persons. It shall provide counseling and temporary shelter to trafficked persons and develop a system for accreditation among NGOs for purposes of establishing centers and programs for intervention in various levels of the community. (c) Department of Labor and Employment (DOLE) - shall ensure the strict implementation and compliance with the rules and guidelines relative to the employment of persons locally and overseas. It shall likewise monitor, document and report cases of trafficking in persons involving employers and labor recruiters. (d) Department of Justice (DOJ) - shall ensure the prosecution of persons accused of trafficking and designate and train special prosecutors who shall handle and prosecute cases of trafficking. It shall also establish a mechanism for free legal assistance for trafficked persons, in coordination with the DSWD, Integrated Bar of the Philippines (IBP) and other NGOs and volunteer groups. (e) National Commission on the Role of Filipino Women (NCRFW) - shall actively participate and coordinate in the formulation and monitoring of policies addressing the issue of trafficking in persons in coordination with relevant government agencies. It shall likewise advocate for the inclusion of the issue of trafficking in persons in both its local and international advocacy for women's issues. (f) Bureau of Immigration (BI) - shall strictly administer and enforce immigration and alien administration laws. It shall adopt measures for the apprehension of suspected traffickers both at the place of arrival and departure and shall ensure compliance by the Filipino fiancs/fiances and spouses of foreign nationals with the guidance and counseling requirement as provided for in this Act. (g) Philippine National Police (PNP) - shall be the primary law enforcement agency to undertake surveillance, investigation and arrest of individuals or persons suspected to be engaged in trafficking. It shall closely coordinate with various law enforcement agencies to secure concerted efforts for effective investigation and apprehension of suspected traffickers. It shall also establish a system to receive complaints and calls to assist trafficked persons and conduct rescue operations. (h) Philippine Overseas Employment Administration (POEA) - shall implement an effective preemployment orientation seminars and pre-departure counseling programs to applicants for overseas employment. It shall likewise formulate a system of providing free legal assistance to trafficked persons. (i) Department of the Interior and Local Government (DILG) - shall institute a systematic information and prevention campaign and likewise maintain a databank for the effective monitoring, documentation and prosecution of cases on trafficking in persons. (j) Local government units (LGUs) - shall monitor and document cases of trafficking in persons in their areas of jurisdiction, effect the cancellation of licenses of establishments which violate the provisions of this Act and ensure effective prosecution of such cases. They shall also undertake an information campaign against trafficking in persons through the establishment of the Migrants Advisory and Information Network (MAIN) desks in municipalities or provinces in coordination with DILG, Philippine Information Agency (PIA), Commission on Filipinos Overseas (CFO), NGOs and other concerned agencies. They shall encourage and support community based initiatives which address the trafficking in persons.

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In implementing this Act, the agencies concerned may seek and enlist the assistance of NGOs, people's organizations (Pos), civic organizations and other volunteer groups. Sec. 17. 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 Act 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 Act shall be irrelevant. Sec. 18. Preferential Entitlement Under the Witness Protection Program . - Any provision of Republic Act No. 6981 to the contrary notwithstanding, any trafficked person shall be entitled to the witness protection program provided therein. Sec. 19. Trafficked Persons Who are Foreign Nationals. - Subject to the guidelines issued by the Council, trafficked persons in the Philippines who are nationals of a foreign country shall also be entitled to appropriate protection, assistance and services available to trafficked persons under this Act: Provided, 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. Sec. 20. Inter-Agency Council Against Trafficking. - There is hereby established an Inter-Agency Council Against Trafficking, to be composed of the Secretary of the Department of Justice as Chairperson and the Secretary of the Department of Social Welfare and Development as Co-Chairperson and shall have the following as members: (a) Secretary, Department of Foreign Affairs; (b) Secretary, Department of Labor and Employment; (c) Administrator, Philippine Overseas Employment Administration; (d) Commissioner, Bureau of Immigration; (e) Director-General, Philippine National Police; (f) Chairperson, National Commission on the Role of Filipino Women; and (g) Three (3) representatives from NGOs, who shall be composed of one (1) representative each from among the sectors representing women, overseas Filipino workers (OFWs) and children, with a proven record of involvement in the prevention and suppression of trafficking in persons. These representatives shall be nominated by the government agency representatives of the Council, for appointment by the President for a term of three (3) years. The members of the Council may designate their permanent representatives who shall have a rank not lower than an assistant secretary or its equivalent to meetings, and shall receive emoluments as may be determined by the Council in accordance with existing budget and accounting, rules and regulations. Sec. 21. Functions of the Council. - The Council shall have the following powers and functions: (a) Formulate a comprehensive and integrated program to prevent and suppress the trafficking in persons; (b) Promulgate rules and regulations as may be necessary for the effective implementation of this Act; (c) Monitor and oversee the strict implementation of this Act;

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(d) Coordinate the programs and projects of the various member agencies to effectively address the issues and problems attendant to trafficking in persons; (e) Coordinate the conduct of massive information dissemination and campaign on the existence of the law and the various issues and problems attendant to trafficking through the LGUs, concerned agencies, and NGOs; (f) Direct other agencies to immediately respond to the problems brought to their attention and report to the Council on action taken; (g) Assist in filing of cases against individuals, agencies, institutions or establishments that violate the provisions of this Act; (h) Formulate a program for the reintegration of trafficked persons in cooperation with DOLE, DSWD, Technical Education and Skills Development Authority (TESDA), Commission on Higher Education (CHED), LGUs and NGOs; (i) Secure from any department, bureau, office, agency, or instrumentality of the government or from NGOs and other civic organizations such assistance as may be needed to effectively implement this Act; (j) Complement the shared government information system for migration established under Republic Act No. 8042, otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995" with data on cases of trafficking in persons, and ensure that the proper agencies conduct a continuing research and study on the patterns and scheme of trafficking in persons which shall form the basis for policy formulation and program direction; (k) Develop the mechanism to ensure the timely, coordinated, and effective response to cases of trafficking in persons; (l) Recommend measures to enhance cooperative efforts and mutual assistance among foreign countries through bilateral and/or multilateral arrangements to prevent and suppress international trafficking in persons; (m) Coordinate with the Department of Transportation and Communications (DOTC), Department of Trade and Industry (DTI), and other NGOs in monitoring the promotion of advertisement of trafficking in the internet; (n) Adopt measures and policies to protect the rights and needs of trafficked persons who are foreign nationals in the Philippines; (o) Initiate training programs in identifying and providing the necessary intervention or assistance to trafficked persons; and (p) Exercise all the powers and perform such other functions necessary to attain the purposes and objectives of this Act. Sec. 22. Secretariat to the Council. - The Department of Justice shall establish the necessary Secretariat for the Council. Sec. 23. Mandatory Services to Trafficked Persons. - To ensure recovery, rehabilitation and reintegration into the mainstream of society, concerned government agencies shall make available the following services to trafficked persons:

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(a) Emergency shelter or appropriate housing; (b) Counseling; (c) 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; (d) Medical or psychological services; (e) Livelihood and skills training; and (f) Educational assistance to a trafficked child. Sustained supervision and follow through mechanism that will track the progress of recovery, rehabilitation and reintegration of the trafficked persons shall be adopted and carried out. Sec. 24. Other Services for Trafficked Persons. (a) Legal Assistance. - Trafficked persons shall be considered under the category "Overseas Filipino in Distress" and may avail of the legal assistance created by Republic Act No. 8042, subject to the guidelines as provided by law. (b) Overseas Filipino Resource Centers. - The services available to overseas Filipinos as provided for by Republic Act No. 8042 shall also be extended to trafficked persons regardless of their immigration status in the host country. (c) The Country Team Approach. - The country team approach under Executive Order No. 74 of 1993, shall be the operational scheme under which Philippine embassies abroad shall provide protection to trafficked persons insofar as the promotion of their welfare, dignity and fundamental rights are concerned. Sec. 25. Repatriation of Trafficked Persons. - The DFA, in coordination with DOLE and other appropriate agencies, shall have the primary responsibility for the repatriation of trafficked persons, regardless of whether they are documented or undocumented. If, however, the repatriation of the trafficked persons shall expose the victims to greater risks, the DFA shall make representation with the host government for the extension of appropriate residency permits and protection, as may be legally permissible in the host country. Sec. 26. Extradition. - The DOJ, in consultation with DFA, shall endeavor to include offenses of trafficking in persons among extraditable offenses. Sec. 27. Reporting Requirements. - The Council shall submit to the President of the Philippines and to Congress an annual report of the policies, programs and activities relative to the implementation of this Act. Sec. 28. Funding. - The heads of the departments and agencies concerned shall immediately include in their programs and issue such rules and regulations to implement the provisions of this Act, the funding of which shall be included in the annual General Appropriations Act. Sec. 29. Implementing Rules and Regulations. - The Council shall promulgate the necessary implementing rules and regulations within sixty (60) days from the effectivity of this Act.

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Sec. 30. Non-restriction of Freedom of Speech and of Association, Religion and the Right to Travel. Nothing in this Act shall be interpreted as a restriction of the freedom of speech and of association, religion and the right to travel for purposes not contrary to law as guaranteed by the Constitution. Sec. 31. Separability Clause. - If, for any reason, any section or provision of this Act is held unconstitutional or invalid, the other sections or provisions hereof shall not be affected thereby. Sec. 32. Repealing clause. - All laws, presidential decrees, executive orders and rules and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly: Provided, That this Act shall not in any way amend or repeal the provision of Republic Act No. 7610, otherwise known as the "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act". Sec. 33. Effectivity. - This Act shall take effect fifteen (15) days from the date of its complete publication in at least two (2) newspapers of general circulation.

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B.

IMPLEMENTING RULES AND REGULATIONS OF R.A. 9208


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 (IACAT) under Section 29 of Republic Act No. 9208 otherwise known as the Anti-Trafficking in Persons Act of 2003, the following rules and regulations are hereby promulgated to implement the provisions of said Act: Article I GENERAL PROVISIONS Sec. 1. Title. - These rules and regulations shall be known and cited as The Rules and Regulations Implementing the Anti-Trafficking in Persons Act of 2003. Sec. 2. Purpose. - These rules and regulations are hereby promulgated to institute policies, establish the institutional mechanisms for the support and protection of trafficked persons and prescribe the procedures and guidelines for the implementation of Republic Act No. 9208 in order to facilitate compliance therewith and achieve the objectives thereof. Sec. 3. Declaration of State Policy. - The State values the dignity of every human person and guarantees the respect for individual rights. Towards this end, the State shall give the highest priority to the enactment of measures and development of programs that will promote human dignity, protect the people from any threat of violence and exploitation, eliminate trafficking in persons, and mitigate pressures for involuntary migration and servitude of persons, not only to support trafficked persons but more importantly, to ensure their recovery, rehabilitation and reintegration into the mainstream of society. The State also recognizes the equal rights and inherent human dignity of women and men, as well as the rights of children, as enshrined and guaranteed in the following international instruments: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) Universal Declaration on Human Rights; Convention for the Suppression of the Traffic in Persons and Exploitation of the Prostitution of Others; Convention on the Elimination of All Forms of Discrimination Against Women; Convention on the Rights of the Child and its Optional Protocols; Convention on the Protection of Migrant Workers and Members of their Families; United Nations Convention Against Transnational Organized Crimes including its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children; ILO Convention No. 182 (Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor); and All other relevant and universally accepted human rights instruments and other international conventions to which the Philippines is a State Party.

In all actions concerning children, their best interests shall be the paramount consideration. Sec. 4. Construction. - These rules and regulations shall be liberally construed in favor of the trafficked persons to promote their human dignity; ensure their recovery, rehabilitation and reintegration into the mainstream of society; eliminate trafficking in persons; and achieve the objectives of the Act. Article II DEFINITION OF TERMS Sec. 5. Definition of Terms. - As used in these rules and regulations, unless the context otherwise requires, the following terms shall be understood to mean:

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(a) Act refers to Republic Act No. 9208, otherwise known as the Anti-Trafficking in Persons Act of 2003; (b) Council refers to the Inter-Agency Council Against Trafficking (IACAT) created under Section 20 of the Act; (c) Trafficking in Persons refers to the recruitment, transportation, transfer or harboring, or receipt of persons, with or without the victims 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. (d) Child refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition; (e) 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; (f) Forced Labor and Slavery refer to the extraction of work or services from any person by means of enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception; (g) 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; (h) 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 victims vulnerability; (i) 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; (j) Pornography refers to any representation, through publication, exhibition, cinematography, indecent shows, information technology, or by whatever means, of a (k) person engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a person primarily for sexual purposes; and (l) Involuntary Servitude refers to a condition of enforced, compulsory service induced by means of any scheme, plan or pattern, intended to cause a person to believe that, if the person did not enter into or continue in such condition, that person or another person would suffer serious harm or other forms of abuse or physical restraint, or the abuse or threatened abuse of the legal process. Article III THE INTER-AGENCY COUNCIL AGAINST TRAFFICKING (IACAT)

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Sec. 6. Creation. - The Inter-Agency Council Against Trafficking (IACAT) shall be established which shall be primarily tasked to coordinate, monitor and oversee the implementation of the Act. Sec. 7. Composition. - The Council shall be composed of the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) Secretary, Department of Justice (DOJ) as Chairperson; Secretary, Department of Social Welfare and Development (DSWD) as Co-Chairperson; Secretary, Department of Foreign Affairs (DFA) as Member; Secretary, Department of Labor and Employment (DOLE) as Member; Administrator, Philippine Overseas Employment Administration (POEA) as Member; Commissioner, Bureau of Immigration (BI) as Member; Director-General, Philippine National Police (PNP) as Member; Chairperson, National Commission on the Role of Filipino Women (NCRFW) as Member; One (1) representative from an NGO representing the women sector as Member; One (1) representative from an NGO representing the Overseas Filipino Workers (OFWs) sector as Member; and (k) One (1) representative from an NGO representing the children sector as Member. The members of the Council may designate their permanent representatives who shall have a rank not lower than an Assistant Secretary or its equivalent to attend the meetings of the Council. Sec. 8. Qualifications, Selection and Appointment of NGO and its Representatives. - The NGOs, with national and international networks, and its representatives to the Council must have a proven track record of involvement in the prevention and suppression of trafficking in persons. They shall be nominated by any of the government agency representatives of the Council and shall be selected by majority vote thereof and endorsed to the President. They shall be appointed by the President for a term of three (3) years. Sec. 9. Functions of the Council. The Council shall have the following powers and functions: (a) Formulate a comprehensive and integrated program to prevent and suppress the trafficking in persons; (b) Promulgate rules and regulations as may be necessary for the effective implementation of the Act; (c) Monitor and oversee the strict implementation of the Act; (d) Coordinate the programs and projects of the various member agencies to effectively address the issues and problems attendant to trafficking in persons; (e) Coordinate the conduct of massive information dissemination and campaign on the existence of the law and the various issues and problems attendant to trafficking through the local government units (LGUs), concerned agencies, and NGOs; (f) Direct other agencies to immediately respond to the problems brought to their attention and report to the Council on action taken; (g) Assist in filing of cases against individuals, agencies, institutions or establishments that violate the provisions of the Act; (h) Formulate a program for the reintegration of trafficked persons in cooperation with DOLE, DSWD, Technical Education and Skills Development Authority (TESDA), Commission on Higher Education (CHED), LGUs and NGOs; (i) Secure from any department, bureau, office, agency, or instrumentality of the government or from NGOs and other civic organizations such assistance as may be needed to effectively implement the Act;

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(j) Complement the shared government information system for migration established under Republic Act No. 8042, otherwise known as the Migrant Workers and Overseas Filipinos Act of 1995 with data on cases of trafficking in persons, and ensure that the proper agencies conduct a continuing research and study on the patterns and scheme of trafficking in persons which shall form the basis for policy formulation and program direction; (k) Develop the mechanism to ensure the timely coordinated and effective response to cases of trafficking in persons; (l) Recommend measures to enhance cooperative efforts and mutual assistance among foreign countries through bilateral and/or multilateral arrangements to prevent and suppress international trafficking in persons; (m) Coordinate with the Department of Transportation and Communications (DOTC), Department of Trade and Industry (DTI), and other NGOs in monitoring the promotion of advertisement of trafficking in the Internet; (n) Adopt measures and policies to protect the rights and needs of trafficked persons who are foreign nationals in the Philippines; (o) Initiate training programs in identifying and providing the necessary intervention or assistance to trafficked persons; and (p) Exercise all the powers and perform such other functions necessary to attain the purposes and objectives of the Act. Sec. 10. Reportorial Function. - Within sixty (60) days after the closing of each calendar year, the Council shall submit to the Office of the President a comprehensive report on the actions and programs taken by the Council relative to and concerning the implementation of the Act. Sec. 11. Meetings of the Council. - The Council shall meet regularly at least once a month. Special meetings may be called by the Chair as the need arises. Majority of the members of the Council shall constitute a quorum to transact business. Sec. 12. Honoraria or Emoluments. - The members of the Council or their designated permanent representatives shall receive honoraria or emoluments as may be determined by the Council in accordance with existing budget and accounting rules and regulations. Sec. 13. Implementation of the Law at Sub-National and Local Levels. - The Council shall, as far as practicable, develop mechanisms to ensure the implementation of the law and these rules and regulations at the sub-national and local levels. Article IV SECRETARIAT SEC. 14. Organization. - The Department of Justice shall establish a Secretariat to assist the Council in the performance of its functions. The Secretary of Justice shall determine the organizational structure and staffing pattern of the Secretariat. Sec. 15. Functions. - The Secretariat shall have the following functions: (a) Coordinate and monitor, under the direction of the Council, the implementation of the policies and guidelines promulgated by the Council; (b) Establish, maintain and manage a central database on trafficking in persons;

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(c) Provide secretariat, records keeping and other services to the Council; and (d) Perform such other functions as may be directed by the Council. Article V ROLES AND RESPONSIBILITIES Sec. 16. Common Roles and Responsibilities of Council Member Agencies. - All member government agencies of the Council shall have the following common roles and responsibilities: (a) Develop policies and programs supportive of and consistent with the objectives of the Act; (b) Enhance the capability of its officers and personnel involved in trafficking issues and concerns through appropriate training and staff support programs; (c) Undertake information, education and advocacy campaigns against trafficking in persons; (d) Maintain a databank on trafficking in persons to be shared among relevant agencies and complement the central databank to be established by the Council; and (e) Document good practices as bases for policy formulation and program development. Sec. 17. Specific Roles and Responsibilities of National Government Agencies which are Members of the Council. The following national government agencies, which are member agencies of the Council, shall have, but not limited to, the following roles and responsibilities in the prevention and suppression of trafficking in persons: (a) Department of Justice (DOJ) (i) (ii) Ensure the prosecution of persons for violations of the Act; Designate and train special prosecutors who shall investigate and prosecute cases of trafficking; (iii) Establish a mechanism for free legal assistance for trafficked persons, in coordination with the DSWD, Commission on Human Rights (CHR), Integrated Bar of the Philippines (IBP) and other NGOs and volunteer groups; (iv) Provide, witness protection to trafficked victims and their witnesses; (v) Conduct training and continuing education program on investigation and prosecution for trafficking in persons and other related offenses for prosecutors and law enforcement officers; (vi) Receive, evaluate, process and investigate claims for compensation by trafficked victims, when applicable, pursuant to Republic Act No. 7309 (Victims Compensation Act); (vii) Review and recommend policies and measures to enhance protection against trafficking in persons; (viii) Recommend the negotiation of mutual legal assistance and extradition treaties with other countries in coordination with the DFA; and (ix) Coordinate with and/or provide assistance to the Anti-Money Laundering Council (AMLC) on cases of trafficking in persons with possible money laundering underpinnings. (b) Department of Social Welfare and Development (DSWD) (i) (ii) (iii) Provide psycho-social counseling, temporary shelter and other support services to victims/survivors of trafficking and their families; Make available skills training and livelihood services to victims/survivors of trafficking; Develop program and other support interventions to facilitate the recovery and reintegration of trafficked victims into their families and communities;

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(iv) Provide social welfare services to Filipino victims of trafficking in other countries through the DSWD Social Welfare Attach and social workers posted in foreign countries, which may include but not limited to stress management, repatriation and other appropriate psychosocial interventions for their protection and welfare; Conduct technical assistance and capability building activities for social welfare officers/social workers of LGUs and NGOs; Accredit NGOs that provide programs and services to ensure that they meet the standards set by the Department; and Provide temporary shelter and psycho-social services to foreign nationals who are victims of trafficking in persons as confirmed by the Bureau of Immigration.

(v) (vi) (vii)

(c) Department of Foreign Affairs (DFA) (i) (ii) (iii) (iv) Make available its resources and facilitiesoverseas and to provide services for trafficked persons regardless of the manner of their entry to the receiving country; Explore means to further enhance its assistance in eliminating trafficking activities through closer networking with government agencies in the country and overseas, particularly in the formulation of policies and implementation of relevant programs; Actively participate in bilateral, regional and international initiatives and cooperative arrangements aimed at suppressing trafficking in persons and protecting and assisting victims of trafficking to include monitoring of inter-country adoption cases. Take necessary measures for the efficient implementation of the Machine Readable Passports and Visas to protect the integrity of Philippine passports, visas, and other travel documents to reduce the incidence of trafficking in persons through the use of fraudulent identification documents; Establish and implement pre-marriage, on-site and pre-departure counseling program on inter-marriages. For this purpose, the DFA shall promulgate the necessary guidelines to implement the said program; and Integrate into the pre-departure orientation seminars for foreign service personnel a training module on trafficking in persons.

(v) (vi)

(d) Department of Labor and Employment (DOLE) (i) (ii) (iii) (iv) Ensure the strict implementation of and compliance with rules and guidelines relative to the employment of persons locally and overseas; and Monitor, document and report cases of trafficking in persons involving employers and labor recruiters; Make available existing resources such as employment and livelihood programs as part of the governments measure to suppress trafficking in persons; and Conduct public awareness programs and activities to prevent victimization.

(e) Philippine Overseas Employment Administration (POEA) (i) (ii) Implement an effective pre-employment orientation seminar and pre-departure counseling program to applicants for overseas employment; Formulate a system providing free legal assistance to trafficked persons which shall include the following: (a) Provision of legal assistance to victims of trafficking in persons by means of, or in the guise of, recruitment for overseas employment, as defined in Section 6 of R.A. No. 8042, such as free legal advice, assistance in the preparation and filing of administrative and criminal actions for trafficking as defined in the Act, without prejudice to the filing of administrative and/or criminal actions for illegal recruitment, as defined in R.A. No. 8042, when proper; and

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(b) Assistance in the prosecution of persons who engage in, promote and facilitate trafficking in persons by means of, or in the guise of, recruitment for overseas employment, as defined in Section 6 of R.A. 8042; In this connection, the POEA shall likewise adopt a policy of confidentiality in all cases referred to it involving possible violations of the Act.

(c) (iii)

Adopt policies and procedures, and develop and implement programs geared towards the eradication of trafficking in persons as well as acts that promote trafficking in persons such as, but not limited to, the following: (a) Comprehensive and Integrated Education Program on overseas employment which shall be undertaken in partnership with other relevant organizations and government entities. Such education program shall cover all stages of recruitment and employment and shall provide information useful for overseas workers including a module on anti-trafficking program and measures; (b) Nationwide multi-media and sustainable grassroots information campaign to create public awareness on the realities of overseas employment and dangers of becoming victims of illegal trafficking activities; Conduct special operations, complementary to the power of the PNP, on persons and entities engaged in recruitment for overseas employment reported to be violating the provisions of the Act for the purpose of effecting closure of said establishments pursuant to the provisions of R.A. No. 8042; and Database of cases involving, and personalities involved in, trafficking persons separate and distinct from its illegal Recruitment cases for monitoring purposes;

(c)

(d) (iv)

In cases of repatriation involving workers recruited and deployed by licensed agencies, the POEA shall notify the agency concerned to provide a plane ticket or Prepaid Travel Advice (PTA) and shall impose sanctions on said agencies for failure to cooperate in providing welfare assistance to OFWs they have deployed; and Continue to regulate private sector participation in the recruitment and overseas placement of workers through its licensing and registration system pursuant to its rules and regulation on overseas employment. It shall formulate and implement, in coordination with appropriate entities concerned, when necessary, a system promoting and monitoring the overseas employment of Filipino workers, taking into consideration their welfare and protection from the dangers and risks inherent in overseas employment, including illegal trafficking.

(v)

(f)

Bureau of Immigration (BI) (i) (ii) (iii) (iv) Strictly administer and enforce immigration and alien registration laws; Adopt measures for the apprehension of suspected traffickers both at the place of arrival and departure; Ensure compliance by the Filipino fiancs/fiances and spouses of foreign nationals with the pre-departure and counseling program requirement of the Act; Strictly implement the requirement for a parental travel authority duly processed by the DSWD for minors traveling abroad unaccompanied by one parent, and the travel clearance for minors traveling abroad unaccompanied by both parents; Ensure compliance by Overseas Filipino Workers of the departure requirements of the POEA;

(v)

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(vi)

Conduct periodic training and seminar on fraudulent document detection and passenger assessment to enhance the level of skill and competence of all its immigration officers and agents in document fraud detection; Conduct periodic study of the trends, routes and modus operandi employed by the traffickers including its recruitment base, transit countries and country of destination;

(vii)

(viii) Establish a network with other law enforcement agencies and immigration counterparts of source, transit and destination countries to facilitate exchange and sharing of information on the activities of trafficking syndicates; (ix) (x) Establish network with LGUs for the effective apprehension of suspected traffickers and their cohorts; Develop a program for the procurement and installation of International Civil Aviation Organization (ICAO) compliant machine readers and fraud detection equipment at all international airports and seaports in the country to deter trafficking in persons; and Develop and distribute materials containing advisory and other pertinent information to enhance awareness against trafficking in persons.

(xi)

(g) Philippine National Police (PNP) (i) (ii) Undertake surveillance, investigation and arrest of individuals or persons suspected to be engaged in trafficking; Coordinate closely with various law enforcement agencies to secure concerted efforts for effective investigation and apprehension of suspected traffickers. For this purpose, it shall also: (a) Pursue the detection and investigation of suspected or alleged trafficking activities at airports through its Aviation Security Group, at seaports and/or harbors through its Maritime Group, and at land transportation terminals through its police station and when proper, file the appropriate charges against traffickers in the proper court; Coordinate with the Philippine Ports Authority (PPA) which may have initially process complaints at their Balay Silungan sa Daungan; and with NGOs working on trafficking in persons in ports; and Coordinate with local and barangay officials with respect to the apprehension and/or arrest of traffickers.

(b)

(c) (iii) (iv) (v)

Establish a system for receiving complaints and calls to assist trafficked persons, and the conduct of rescue operations; Direct and supervise the enforcement of its mandate under the Act and its rules and regulations; Supervise the conduct of investigations relating to apprehension occurring at land transportation terminals, domestic seaports and airports and monitor the filing of appropriate cases against traffickers; Formulate plans and programs for the prevention and/or reduction of trafficking in persons;

(vi)

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(vii) Integrate in the program of instruction comprehensive, gender sensitive and child-friendly investigation and handling of cases of trafficking in persons in the Philippine National Police Academy (PNPA), Philippine Public Safety College (PPSC) and other training schools operated and managed by the PNP; and

(viii) Establish anti-trafficking section under the Women and Children Complaint Desk (WCCD) in all city and municipal police stations. (h) National Commission on the Role of Filipino Women (NCRFW) (i) Actively advocate and participate in international and regional discussion and initiatives in trafficking in women and include the same in all of its international commitments and policy pronouncements. Where possible and appropriate, work with the Department of Foreign Affairs in forging bilateral and multilateral collaborative projects on trafficking; Assist the Council in the formulation and monitoring of policies addressing the issue of trafficking in persons in coordination with relevant government agencies; Assist the Council in the conduct of information dissemination and training to frontline government agencies, NGOs and the general public; Assist in the development of gender responsive documentation system in coordination with other agencies and the National Statistical Coordination Board (NSCB) through its monitoring of the situation of women particularly on violence against women; Assist the Council in the formulation of prevention and reintegration programs for victims of trafficking including the demand side; and Conduct studies on the root causes, magnitude and forms of trafficking in women and document best practices in prevention programs.

(ii) (iii) (iv)

(v) (vi)

Sec. 18. Roles and Responsibilities of Other Relevant National Government Agencies. - Consistent with their mandates under existing laws, the following agencies shall integrate human trafficking issues in their strategy and program formulation and implement programs and services for the prevention and suppression of trafficking and for the protection of trafficked victims. They shall likewise have the following roles and responsibilities: (a) Department of the Interior and Local Government (DILG) (i) (ii) (iii) (iv) (v) Conduct a systematic information dissemination/advocacy and prevention campaign against trafficking in persons; Maintain a databank for the effective monitoring, documentation and prosecution of cases on trafficking in persons; Issue directives to the LGUs and barangays to institutionalize recruiter-monitoring mechanisms and increase public awareness regarding trafficking in persons; Promote family and community empowerment to prevent trafficking in persons; and Strengthen, activate and mobilize existing committees, councils, similar organizations and special bodies at the local level to prevent and suppress trafficking in persons.

(b) Department of Tourism (DOT)

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(i) Formulate and implement preventive measures to stop sex tourism packages and other activities of tourism establishments which might contribute to the trafficking in persons in coordination with local government units; and Provide training to tourist security officers on surveillance, investigation and rescue operation strategies.

(ii)

(c) Department of Education (DepEd) (i) Integrate in the appropriate subject areas core messages on migration and trafficking in the elementary and secondary levels by providing lesson with emphasis on their implications and social costs to persons and country;

(ii) Provide opportunities for trafficked persons in the educational mainstream through the basic education and non-formal education curricula; and (iii) Provide education and raise consciousness of boys/men in schools and communities in order to discourage the demand side or the use/buying of trafficked women and children.

(d) Department of Health (DOH) (i) Make available its resources and facilities in providing health care to victims of trafficking which shall, at all times, be held confidential.

(e) Department of Transportation and Communication (DOTC) (i) (ii) (iii) (f) Provide guidelines for the land, sea and air transport providers to train their personnel in trafficking in persons; Standardize guidelines for monitoring trafficking in persons in every port; and Monitor the promotion of advertisement of trafficking in the Internet.

Commission on Human Rights (CHR) (i) (ii) Conduct advocacy and training programs relating to anti-trafficking; Investigate and recommend for prosecution violations of the Act;

(iii) Provide free legal aid to victims of trafficking and other assistance under the human rights protection services; (iv) (v) Integrate anti-trafficking efforts in the Barangay Human Rights Action Center (BHRAC); and Monitor government compliance to international human rights treaty obligations related to the suppression/elimination of trafficking, particularly the Convention for the Suppression of Traffic in Persons and Exploitation of the Prostitution of Others, the Convention on the Elimination of All Forms of Discrimination Against Women, the Convention on the Rights of the Child, the Convention on the Protection of Migrant Workers and Members of Their Families, and the UN Convention Against Transnational Organized Crimes including its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.

(g) National Bureau of Investigation (NBI)

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(i) (ii) (iii) (iv) (v) Conduct surveillance, monitor and investigate recruiters, travel agencies, hotels and other establishments suspected to be engaged in trafficking in persons; Coordinate closely with all the Council member agencies for effective detection and investigation of suspected traffickers; Formulate plans and programs for the detection and prevention of trafficking, and the arrest and prosecution of suspected traffickers; Share intelligence information on suspected traffickers to all Council member agencies when necessary; and Foster cooperation and coordination with the law enforcement agencies of other countries and the INTERPOL in the investigation and apprehension of suspected traffickers.

(h) Philippine Center on Transnational Crime (PCTC) (i) Undertake strategic researches on the structure and dynamics of trafficking in persons with transnational crime dimension, predict trends and analyze given factors for the formulation of individual and collective strategies for the prevention and detection of trafficking in persons and the apprehension of criminal elements involved; and Serve as the focal point in international law enforcement coordination on trafficking in persons particularly with the INTERPOL.

(ii) (i)

Overseas Workers Welfare Administration (OWWA) (i) (ii) (iii) Assist in the information and advocacy campaign among OFWs to prevent trafficking in persons; Assist in the documentation of cases of trafficking and ensure the provision of its programs and services to OFWs and their families; and Include a module on anti-trafficking to its pre-departure seminar.

(j)

Council for the Welfare of Children (CWC) (i) Integrate in its development and strategic frameworks issues and concerns affecting trafficking in children and ensure the adoption of such frameworks by the LGUs and other stakeholders; Vigorously advocate against trafficking of children; Improve data on trafficking in children through integration of critical and relevant indicators into the monitoring system for children; Adopt policies and measures that will protect and promote the rights and welfare of children victims of trafficking and coordinate and monitor their implementation; and Address issues on trafficking of children through policy and program interventions.

(ii) (iii) (iv) (v)

(k) Philippine Information Agency (PIA) (i) Enhance public awareness on trafficking in persons, pertinent laws and possible actions to prevent victimization and re-victimization by developing public advocacy program as well as printing and distributing appropriate information materials.

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(l) Technical Education and Skills Development Authority (TESDA) (i) (ii) Provide skills and entrepreneurial training to trafficked victims; and Formulate a special program to ensure the provision of appropriate skills training for trafficked victims.

Sec. 19. Roles and Responsibilities of Local Government Units (LGUs). - The LGUs shall have the following roles and responsibilities: (a) (b) (c) Monitor and document cases of trafficked persons in their areas of jurisdiction; Effect the cancellation of licenses of establishments which violate the provisions of the Act and ensure its effective prosecution; Undertake an information campaign against trafficking in persons through the establishment of the Migrants Advisory and Information Network (MAIN) desks in municipalities and provinces in coordination with the DILG, PIA, Commission on Filipino Overseas (CFO), NGOs and other concerned agencies; Encourage and support community based initiatives which address trafficking in persons; Provide basic social services for the prevention, rescue, recovery, rehabilitation and reintegration/after care support services to victims of trafficking in persons and their families; Enact ordinances or issuances aimed at providing protection and support to trafficked persons and adopt measures to prevent and suppress trafficking in persons; and Strengthen, activate and mobilize existing committees, councils, similar organizations and special bodies at the provincial, city, municipal and barangay levels to prevent and suppress trafficking in persons.

(d) (e) (f) (g)

Sec. 20. Roles and Responsibilities of Non-Government Organizations which are Members of the Council. - The NGO members of the Council shall have the following roles and responsibilities: (a) (b) (c) (d) (e) (f) (g) (h) Assist government agencies in formulating and implementing policies, programs and IEC campaign against trafficking; Assist in capability-building activities of government personnel and share their experiences and expertise in handling trafficking cases; Coordinate with concerned government agencies, LGUs and other NGOs in reporting alleged perpetrators, rescuing victims of trafficking, and conducting investigation/surveillance, if indicated; Undertake programs and activities for the prevention, rescue, recovery and reintegration of the victims of trafficking and other support services for their families; Document and/or assist in the documentation of cases of trafficking; Disseminate guidelines to all its network members, local and international, on policies and programs addressing issues on trafficking in persons; Formulate educational module to address the demand side of trafficking; and Perform such other tasks as may be agreed upon by the Council.

Sec. 21. 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, peoples organizations (POs),

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civic organizations and other volunteer groups, which will all likewise be encouraged to assume the same roles and responsibilities enumerated in the preceding Section. Article VI REPORTING OF SUSPECTED/ALLEGED TRAFFICKING INCIDENT Sec. 22. Who May and To Whom to Report. - Any person who has any knowledge or learns of facts or circumstances that give rise to a reasonable belief that a person will be, or may be, or has been trafficked shall immediately report the same, either orally, in writing or through other means, to any member of the Council, the barangay authorities, the nearest police or other law enforcement agency, the local social welfare and development office or the local Council for the Protection of Children. In the case of trafficking cases abroad, the report shall be made to the Philippine Embassy/Consulate which has jurisdiction over the place where the trafficking occurred or where the trafficked person is found. Sec. 23. Action on the Report. - The agency, entity or person to whom the report is made shall immediately act as soon as the report is received in coordination with other relevant government agency for appropriate intervention. For this purpose, the Council shall develop a mechanism to ensure the timely, coordinated and effective response to cases of trafficking in persons. Article VII INTERCEPTION, ARREST AND INVESTIGATION OF TRAFFICKERS Sec. 24. Procedure in the Interception, Arrest and Investigation of Traffickers in Persons at International Airport or Seaport. - When an offense punishable under the Act or any other offense in relation thereto or in furtherance thereof has been committed, or is actually being committed in the presence of an immigration officer assigned at the international airport or seaport, he/she shall immediately cause the interception and/or arrest of the persons involved for investigation. The DOJ Task Force Against Trafficking shall cause the filing of appropriate case in court when evidence warrants. If the person arrested is a foreigner, the concerned B.I. investigating unit shall take full custody over the arrested person, conduct the investigation proper motu proprio and endorse the complaint and supporting documents to the prosecutor for inquest or Municipal Trial Court Judge for appropriate proceedings. Sec. 25. Procedure in the Interception, Arrest and Investigation of Traffickers in Persons at Local Airport, Seaport and Land Transportation Terminals. - In cases where the violation is committed at local seaport, airport or in land transportation terminals, the members of the law enforcement agency shall immediately cause the interception and/or arrest of the suspected traffickers. Thereafter, the investigation shall be conducted by the law enforcement agency on the person/s intercepted/arrested, and referred to the Prosecutors Office of the place where the offense was committed or to the DOJ Task Force Against Trafficking in Persons or Task Force on Passport Irregularities or Municipal Trial Court of the place where the crime was committed in case of municipalities and non-chartered cities for purposes of inquest or preliminary investigation as the case may be. Sec. 26. Creation of a Joint Task Force Against Trafficking in Persons. - For the purpose of the above provisions, there shall be created a Joint Task Force Against Trafficking in Persons to be assigned at airports composed of Prosecution, BI, PNP, and NBI personnel and another Task Force at land transportation terminals and local seaports and airports to be composed of Prosecution, PNP, BI, PPA, and PCG personnel. The DOJ National Task Force Against Trafficking in Persons shall issue the necessary operational guidelines for the effective coordination, apprehension, investigation and prosecution of violations of the Act. The DOJ Task Force assigned at local seaports, airports and land transportation terminals shall cooperate or coordinate with the local authorities, local social welfare and development officers or active NGOs concerned with

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trafficking in persons in the locality. Sec. 27. Rights of the Person Arrested, Investigated or Detained. - In all cases, the rights of the person arrested, investigated or detained as provided by the Philippine Constitution and under Republic Act No. 7438 (An Act Defining Certain Rights of Persons Arrested, Detained or Under Custodial Investigation As Well As The Duties of the Arresting, Detaining and Investigating Officers, and Providing Penalties For Violations Thereof) shall, at all times, be respected. Article VIII RESCUE/RECOVERY AND REPATRIATION OF VICTIMS Sec. 28. The Country Team Approach. - The country team approach under Executive Order No. 74, series of 1993 and further enunciated in Republic Act No. 8042 shall be the operational scheme under which Philippine embassies abroad shall provide protection to trafficked persons regardless of their immigration status. Under the Country Team Approach, all officers, representatives and personnel of the Philippine government posted abroad regardless of their mother agencies shall, on a per country basis, act as one-country team with mission under the leadership of the Ambassador or the head of mission. Sec. 29. Rescue at the Country of Destination. (a) Procedure. - When the victim is a Filipino national and at the time of rescue is residing abroad, the embassy or consulate which has jurisdiction over the place where the victim is residing shall verify the veracity of the report of incidence of trafficking and inquire about the condition of the victim. Consistent with the country team approach, the Post concerned shall send a team composed of a consular officer and personnel from the Philippine Overseas Labor Office (POLO) or the Filipino Workers Resource Center (FWRC), the Office of the Social Welfare Attach as the case may be, to conduct a visit to the jail, establishment, work site or residence of the victim. In the case of Posts without attached services, the team will be composed of a consular officer and personnel from the Assistance-to-Nationals section. The Post shall make representations with the police authorities or other relevant law enforcement agencies with respect to the conduct of rescue operations. Rescue operation shall also be made in cooperation and close coordination with some NGOs, local contacts or private individuals when necessary. In countries and areas where the services of the FWRC is not accessible, a mobile type of services shall be extended by the country team members to trafficked persons regardless of their status in the host country. Thereafter, the victim will be encouraged to execute a sworn statement, recounting among others, the people/establishment involved in the recruitment/transfer and deployment, the modus operandi employed to recruit, transport and deploy the victim, and other pertinent information which could provide a lead in the investigation and eventual prosecution of the perpetrators. (b) Assistance to Trafficked Persons. The trafficked person shall be provided with temporary shelter and other forms of assistance. In countries where there is a Filipino Workers Resource Center, the services available to overseas Filipinos as provided for in Republic Act No. 8042 shall also be extended to trafficked persons regardless of their status in the host country. (c) Legal Assistance Fund. - Trafficked persons shall be considered under the category Overseas Filipinos in Distress and may avail of the Legal Assistance Fund created by Republic Act No. 8042, subject to the guidelines as provided by law, including rules and regulations issued by the DFA as to its utilization and disbursement.

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Sec. 30. 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 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. Sec. 31. Procedure for Repatriation. - In accordance with existing rules and regulations on the use and disbursement of Assistance-to-Nationals Fund of the DFA for the repatriation of distressed OFWs, the Post shall immediately request the DFA, through the Office of the Undersecretary for Migrant Workers Affairs (OUMWA), allocation of funds for the repatriation of the victim. In appropriate cases and to avoid re-victimization, the Post may withdraw the passport of the victim and forward it to the DFA and in its place issue a Travel Document (FA Form 79(B)) valid for direct travel to the Philippines. The Post concerned shall report to the DFA, through the OUMWA, copy furnished the Office of Consular Affairs, the actual date of repatriation and other pertinent information and submit a copy of the sworn statement and other relevant documents. In appropriate cases, especially when the victim is suffering from mental illness, has suffered physical or sexual abuse or has received serious threats to his or her life and safety, the victim will be met upon arrival in the Philippines by DSWD personnel, in coordination with the Joint Task Force Against Trafficking in Persons and other government agencies such as OWWA, BI and DOH. In the case of mentally ill patients, minors, and other persons requiring special care, the Post shall designate a duly authorized individual to escort said victims to the Philippines. The victim will be encouraged, if he or she has not done so before, to execute a sworn statement with the view of filing the appropriate charges against the suspected trafficker in the Philippines. Should the victim request the assistance of DFA, OUMWA shall interview the victim and make recommendations for investigation with law enforcement agencies such as the PNP and the NBI. In cases where recruitment agencies are involved, the case shall also be referred to the POEA for appropriate action. The report shall also be forwarded to the BI for case build up. The victim may be referred to the DSWD/Local Social Welfare And Development Office or to the NBI OneStop Shop for psychosocial interventions, psychological and medical examination and follow-through therapy sessions. Protective custody and emergency shelter shall also be provided to the victim, in appropriate cases. Sec. 32. Rescue Within the Country. - Rescue operations within the country shall be primarily undertaken by the law enforcement agencies in coordination with LGUs, DOLE, DSWD and DOH. Upon receipt of a report of a suspected or alleged trafficking incident or activity, the law enforcement agency to which the report is made shall conduct rescue operations of trafficked persons. At the minimum, rescue operations shall be guided by the following: (a) Conduct of rescue operation of trafficked persons shall be properly coordinated with the concerned agencies particularly DSWD/local social welfare and development officer; (b) The rescue team shall ensure full protection of the rights of the trafficked person as well as the traffickers while under its custody and control; (c) After the rescue operation, the investigation of the case shall be referred to the Women and Children Complaint Desk (WCCD) desk of PNP, the Violence Against Women and Children Division (VAWCD) of the NBI or other similar units or desks;

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(d) After the completion of the necessary documents for the filing of cases, the rescue team shall effect the appropriate and immediate turn-over of the trafficked person to DSWD/local social welfare and development officer; and (e) In the course of investigation of the trafficked person, the investigator handling the case shall ensure that the victim shall be accorded with proper treatment and investigated in a child-friendly and gender-sensitive environment. In the conduct of investigative interviews on children, the law enforcers shall likewise be guided by the Rule on the Examination of a Child Witness promulgated by Supreme Court, as may be applicable. For this purpose, the investigators shall be properly trained in the handling of cases of trafficked persons. Article IX REHABILITATION AND REINTEGRATION OF VICTIMS Sec. 33. Comprehensive Program. - The DSWD, LGUs and other concerned agencies shall provide a comprehensive, gender sensitive and child friendly program for the recovery, rehabilitation and reintegration of victims/survivors of trafficking, such as but not limited to the following: (a) Implementation of residential care, child placement, educational assistance, livelihood and skills training and other community-based services must be responsive to the specific needs and problems of the victims/survivors and their families; (b) Active involvement and participation of the victims/survivors in the rehabilitation and reintegration process shall be encouraged. In order to empower them and to prevent their re-victimization, capability building programs must be provided; and (c) Active cooperation and coordination with NGOs and other members of the civil society including the business community, tourism-related industries as well as the media in the rehabilitation and reintegration of victims/survivors shall be undertaken. Sec. 34 Procedure. - The following procedure shall be undertaken in implementing a comprehensive program for the recovery, rehabilitation and reintegration of victims/survivors of trafficking: (a) The victim/survivor of trafficking may go to the nearest DSWD/LGU Social Welfare and Development Office for assistance; (b) Upon referral/interview the DSWD/Local Government Social Worker shall conduct an intake assessment to determine appropriate intervention with the victim/survivor; (c) The social worker shall prepare a social case study report/case summary for the victim/survivors admission to a residential facility for temporary shelter or community-based services; (d) Provide services/interventions based on the rehabilitation plan in coordination with appropriate agencies, e.g. counseling, legal, medical and educational assistance; livelihood and/or skills training; as well as appropriate services to the family of the trafficked victim/survivor; and (e) Monitor implementation and periodically evaluate/update the rehabilitation plan until the victim/survivor has been reintegrated with his/her family and community. Sec. 35. Capability Building of Service Providers. The frontline agencies and the service providers must undergo training and other capability building activities to enhance their knowledge and skills in handling cases of trafficking to prevent exacerbation of traumatic stress and facilitate more effective crisis interventions, healing and reintegration services. Sec. 36. Documentation. Data banking, research and documentation of best practices in rehabilitation and reintegration programs shall be conducted to identify efficient and effective measures and services for the victims of trafficking and their families.

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Article X PROSECUTION, CIVIL FORFEITURE AND RECOVERY OF CIVIL DAMAGES Sec. 37. Who May File a Complaint. - Complaints for violations of the Act may be filed by the following: (a) (b) (c) (d) (e) (f) (g) Any person who has personal knowledge of the commission of the offense; The trafficked person or the offended party; Parents or legal guardians; Spouse; Siblings; or Children

The foregoing persons may also seek the assistance of the Council in the filing of complaint. Sec. 38. Institution of Criminal Action; Effect. The institution of the criminal action before the Office of the Prosecutor or the court, as the case may be, for purposes of preliminary investigation shall interrupt the running of the period for prescription of the offense charged. The prescriptive period 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. Sec. 39. Institution of Criminal and Civil Actions. - Pursuant to the Revised Rules on Criminal Procedure, when a criminal action is instituted, the civil action arising from the offense charged shall be deemed instituted with the criminal action unless the offended party waives the civil action, reserves the right to institute it separately or institutes the civil action prior to the criminal action. Sec. 40. Exemption from Filing Fees. - When the trafficked person institutes a separate civil action for the recovery of civil damages, he/she shall be exempt from the payment of filing fees. Sec. 41. Venue. - The offenses punishable under the Act shall be considered as a continuing offense and may be filed in the place 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. Sec. 42. Forfeiture of the Proceeds and Instruments Derived from Trafficking in Persons. (a) After conviction, all proceeds and instruments, including any real or personal property used in the commission of the offense, shall be ordered confiscated and forfeited in favor of the State unless the owner thereof can prove the lack of knowledge of the use of such property in the said illegal activity. Any award for damages arising from the commission of the offense may be satisfied and charged against the personal and separate properties of the offender and if the same is insufficient to satisfy the claim, the balance shall be taken from the forfeited properties as may be ordered by the court. (b) During the pendency of the criminal action, no property or income used or derived therefrom which are subject to confiscation and forfeiture, shall be disposed, alienated or transferred and the same shall be in custodia legis and no bond shall be admitted for the release of the same. (c) The trial prosecutor shall avail of the provisional remedies in criminal cases to ensure the confiscation, preservation and forfeiture of the said properties. (d) If the offender is a public officer or employee, the forfeiture of his/her property found to be unlawfully acquired shall be governed by Republic Act No. 1379 otherwise known as An Act Declaring Forfeiture in Favor of the State Any Property Found to Have Been Unlawfully Acquired by Any Public Officer or Employee and Providing for the Proceedings Therefor. Article XI

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LEGAL PROTECTION AND OTHER SERVICES Sec. 43. Legal Protection. Trafficked persons shall be recognized as victims of the act or acts of trafficking. As such, they shall not be penalized for crimes directly related to the acts of trafficking enumerated under the Act or in obedience to the order made by the trafficker in relation thereto. In this regard, the consent of the trafficked person to the intended exploitation set forth in the Act shall be irrelevant. Sec. 44. Preferential Entitlement under the Witness Protection Program . - Any provision of Republic Act No. 6981 to the contrary notwithstanding, any trafficked person shall be entitled to the witness protection program provided therein. Sec. 45. Immunity from Criminal Prosecution. - Any person who has personal knowledge in the commission of any of the offenses penalized under the Act and who voluntarily gives material information relative thereto and willingly testifies against the offender shall be exempt from prosecution for the offense with reference to which his information and testimony were given, subject to the following conditions: (a) The information and testimony are necessary for the conviction of the accused; and (b) Such information and testimony are not yet in the possession of the state. Sec. 46. Mandatory Services. - To ensure recovery, rehabilitation and reintegration into the mainstream of society, concerned government agencies shall make available the following services to trafficked persons: (a) Emergency shelter or appropriate housing; (b) Counseling; (c) Free legal services which shall include information about the victims rights and t he procedure for filing complaints, claiming compensation and such other legal remedies available to them, in a language understood by the trafficked person; (d) Medical or psychological services; (e) Livelihood and skills training; and (f) Educational assistance to a trafficked child. Sustained supervision and follow through mechanism that will track the progress of recovery, rehabilitation and reintegration of the trafficked persons shall be adopted and carried out. Sec. 47. Legal Protection of Trafficked Persons Who are Foreign Nationals. -Trafficked persons in the Philippines who are nationals of a foreign country shall be entitled to appropriate protection, assistance and services available to the trafficked persons and shall be allowed to continued presence in the Philippines for a period of fifty-nine (59) days to enable them to effect the prosecution of the offenders. Such period may be renewed upon showing of proof by the trial prosecutor that their further testimony is essential to the prosecution of the case. The trial prosecutor shall course his request for extension to the Council which shall accordingly act upon the same. If such request is granted, the registration and immigration fees of such foreign nationals shall be waived. For this purpose, the Council shall develop additional guidelines to implement this provision. Article XII TRUST FUND Sec. 48. Trust Fund; Sources. - All fines imposed under the Act and the proceeds and properties forfeited and confiscated pursuant to Section 14 of the Act and Article IX, Section 5 of these rules and regulations shall accrue to a Trust Fund to be administered and managed by the Council. Sec. 49. Utilization. - The Trust Fund shall be used exclusively for programs that will prevent acts of trafficking and protect, rehabilitate, reintegrate trafficked persons into the mainstream of society. Such programs shall include, but not limited to the following:

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(a) Provision for mandatory services set forth in Section 23 of the Act; and Section 47 of these Rules and Regulations. (b) Sponsorship of a national research program on trafficking and establishment of a data collection system for monitoring and evaluation purposes; (c) Provision of necessary technical and material support services to appropriate government agencies and non-government organizations (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) Promotion of information and education campaign on trafficking. The Trust Fund may also be used to support the operations of the Secretariat. Sec. 50. Use and Disbursement of Trust Fund. - The use and disbursement of the trust fund shall be subject to the approval of at least two-thirds (2/3) of the members of the Council and shall be governed by existing government accounting and auditing rules and regulations. Article XIII INTERNATIONAL COOPERATION Sec. 51. International Cooperation. - The Council, in close coordination with the DFA and other concerned agencies, shall promote cooperation, technical assistance and partnership among governments and regional and international organizations on the following aspects: (a) Prevention, protection, prosecution, repatriation and reintegration aspects of trafficking in persons, especially women and children; (b) Systematic exchange of information and good practices among law enforcement and immigration authorities; (c) Prevention, detection, investigation and prosecution of trafficking in persons, including the protection of victims through exchanges and joint training at the bilateral, regional and international levels, between and among relevant officials including police, judges, prosecutors, immigration officers, other law enforcement agents as well as consular authorities; and (d) Repatriation of victims of trafficking with due regard to their safety and in consideration of humanitarian and compassionate factors. Article XIV CONFIDENTIALITY Sec. 52. Confidentiality. At any stage of the investigation, prosecution and trial of an offense under this Act, law enforcement officers, prosecutors, judges, court personnel and medical practitioners, as well as parties to the case, shall recognize the right to privacy of the trafficked person and the accused. Towards this end, law enforcement officers, prosecutors and judges to whom the complaint has been referred may, whenever necessary to ensure a fair and impartial proceeding, and after considering all circumstances for the best interest of the parties, order a closed-door investigation, prosecution or trial. The name and personal circumstances of the trafficked person or of the accused, or any other information tending to establish their identities and such circumstances or information shall not be disclosed to the public. In cases when the prosecution or trial is conducted behind closed-doors, it shall be unlawful for any editor, publisher, reporter or columnist in case of printed materials, announcer or producer in case of television and

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radio, producer and director of a film in case of the movie industry, or any person utilizing tri-media or information technology to cause publicity of any case of trafficking in persons. Article XV OFFENSES AND PENALTIES Sec. 53. Acts of Trafficking in Persons. - Any person, natural or juridical, who commits any of the following 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): (a) 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; (b) To introduce or match for money, profit or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman with 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; (c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage; (d) To undertake or organize tours and travel plans consisting tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation; (e) To maintain or hire a person to engage in prostitution or pornography; (f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (g) 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; and (h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad. Sec. 54. Acts that Promote Trafficking in Persons. - Any person, natural or juridical, who shall commit the following acts which promote or facilitate trafficking in persons, shall be penalized with 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): (a) To knowingly lease or sublease, use or allow to used any house, building or establishment for the purpose of promoting trafficking in persons; (b) 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; (c) 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; (d) 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

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are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons; (e) 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 and travel documents for the purpose of promoting trafficking in persons; (f) 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; and (g) 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. Sec. 55. Qualified Trafficking in Persons. - The following are considered as qualified trafficking and shall be penalized with the penalty of life imprisonment and a fine of not less than Two million pesos (2,000,000.00) but not more than Five million pesos (5,000,000.00); (a) When the trafficked person is a child; (b) When the adoption is effected through Republic Act No. 80 43, otherwise known as the InterCountry 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 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; and (g) 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). Sec. 56. Violation of Confidentiality Provisions. - Any person who violates Section 7 of the Act and Section 52, Article XIV hereof shall suffer the penalty of imprisonment of six (6) years and a fine not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00). Sec. 57. Application of Penalties and Other Sanctions. - The following shall be applied in the imposition of penalties: (a) If the offender is a corporation, partnership, association, club, establishment or any judicial person, the penalty shall be imposed upon the owner, president, partner, manager, and/or any responsible officer who participated in the commission of the crime or who shall have knowingly permitted or failed to prevent its commission; (b) The registration with the Securities and exchange Commission (SEC) and license to operate of the erring agency, corporation, association, religious group, tour or travel agent, club or establishment, or any place or entertainment shall be cancelled and revoked permanently. The owner, president, partner or manager thereof shall not be allowed to operate similar establishment in a different name;

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(c) If the offender is a foreigner, he shall be immediately deported after serving his sentence and be barred permanently from entering the country; (d) Any employee or official of government agencies who shall issue or approve the issuance of travel exit clearances, passports, registration certificates, counseling certificates, marriage license, and other similar documents to persons, whether judicial 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 official or employee shall, upon conviction, be dismissed from the service and be barred permanently to hold public office. His/her retirement and other benefits shall likewise be forfeited; and (e) Conviction by final judgment of the adopter for any offense under this Act shall result in the immediate rescission of the decree of adoption. Sec. 58. Use of Trafficked Persons. - Any person who buys or engages the services of trafficked persons for prostitution shall be penalized as follows: (a) First offense - six (6) months of community service 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 year (1) year and a fine of One hundred thousand pesos (P100,000.00). The Council shall coordinate with the Supreme Court through the Office of the Court Administrator for the issuance of appropriate guidelines and measures for the judiciary to implement this provision particularly on the aspect of implementing the penalty of community service. Article XV FUNDING Sec. 59. Inclusion in Agency Appropriations. - The heads of departments and agencies concerned shall immediately include in their annual appropriations the funding necessary to implement programs and services required by the Act and these regulations. In the interim, the funding necessary to carry out their mandate under the law may be charged against their Gender and Development (GAD) budget. Article XVII FINAL PROVISIONS Sec. 60. Non-Restriction of Freedom of Speech and of Association, Religion and the Right to Travel. Nothing in these rules and regulations shall be interpreted as a restriction of the freedom and of association, religion and the right to travel for purposes not contrary to law as guaranteed by the Constitution. Sec. 61. Saving Clause. - The provisions of Republic Act No. 7610, otherwise known as the Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act shall remain applicable and shall not in any way be amended or repealed by the provisions of the Act and these rules and regulations. Sec. 62. Separability Clause. - The declaration of invalidity of any provision of these rules and regulations or part thereof shall not affect the validity of the remaining provisions. Sec. 63. Repealing Clause. - Pertinent provisions of all laws, presidential decrees, executive orders and rules and regulations, or parts thereof, contrary to or inconsistent with the provisions of the Act and these rules and regulations are hereby repealed or modified accordingly.

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Sec. 64. Effectivity. - These rules and regulations shall take effect fifteen (15) days after its complete publication in at least two (2) newspapers of general circulation

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C.

RULE ON EXAMINATION OF A CHILD WITNESS

Sec. 1. Applicability of the Rule. Unless otherwise provided, this Rule shall govern the examination of child witnesses who are victims of crime, accused of a crime, and witnesses to crime. It shall apply in all criminal proceedings and non-criminal proceedings involving child witnesses. Sec. 2. Objectives. The objectives of this Rule are to create and maintain an environment that will allow children to give reliable and complete evidence, minimize trauma to children, encourage children to testify in legal proceedings, and facilitate the ascertainment of truth. Sec. 3. Construction of the Rule. This Rule shall be liberally construed to uphold the best interests of the child and to promote maximum accommodation of child witnesses without prejudice to the constitutional rights of the accused. Sec. 4. Definitions. (a) A child witness is any person who at the time of giving testimony is below the age of eighteen (18) years. In child abuse cases, a child includes one over eighteen (18) years but is found by the court as unable to fully take care of himself or protect himself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition. (b) Child abuse means physical, psychological, or sexual abuse, and criminal neglect as defined in Republic Act No. 7610 and other related laws. (c) Facilitator means a person appointed by the court to pose questions to a child. (d) Record regarding a child or record means any photograph, videotape, audiotape, film, handwriting, typewriting, printing, electronic recording, computer data or printout, or other memorialization, including any court document, pleading, or any copy or reproduction of any of the foregoing, that contains the name, description, address, school, or any other personal identifying information about a child or his family and that is produced or maintained by a public agency, private agency, or individual. (e) A guardian ad litem is a person appointed by the court where the case is pending for a child who is a victim of, accused of, or a witness to a crime to protect the best interests of the said child. (f) A support person is a person chosen by the child to accompany him to testify at or attend a judicial proceeding or deposition to provide emotional support for him. (g) Best interests of the child means the totality of the circumstances and conditions as are most congenial to the survival, protection, and feelings of security of the child and most encouraging to his physical, psychological, and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of the child. (h) Developmental level refers to the specific growth phase in which most individ uals are expected to behave and function in relation to the advancement of their physical, socio-emotional, cognitive, and moral abilities. (i) In-depth investigative interview or disclosure interview is an inquiry or proceeding conducted by duly trained members of a multidisciplinary team or representatives of law enforcement or child protective services for the purpose of determining whether child abuse has been committed. Sec. 5. Guardian ad litem. (a) The court may appoint a guardian ad litem for a child who is a victim of, accused of, or a witness to a crime to promote the best interests of the child. In making the appointment, the court shall consider the background of the guardian ad litem and his familiarity with the judicial process, social service programs, and child development, giving preference to the parents of the child, if qualified. The guardian ad litem may be a member of the Philippine Bar. A person who is a witness in any proceeding involving the child cannot be appointed as a guardian ad litem. (b) The guardian ad litem: (1) Shall attend all interviews, depositions, hearings, and trial proceedings in which a child participates; (2) Shall make recommendations to the court concerning the welfare of the child; (3) Shall have access to all reports, evaluations, and records necessary to effectively advocate for the child, except privileged communications;

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(4) Shall marshal and coordinate the delivery of resources and special services to the child; (5) Shall explain, in language understandable to the child, all legal proceedings, including police investigations, in which the child is involved; (6) Shall assist the child and his family in coping with the emotional effects of crime and subsequent criminal or non-criminal proceedings in which the child is involved; (7) May remain with the child while the child waits to testify; (8) May interview witnesses; and (9) May request additional examinations by medical or mental health professionals if there is a compelling need therefor. (c) The guardian ad litem shall be notified of all proceedings but shall not participate in the trial. However, he may file motions pursuant to sections 9, 10, 25, 26, 27 and 31(c). If the guardian ad litem is a lawyer, he may object during trial that questions asked of the child are not appropriate to his developmental level. (d) The guardian ad litem may communicate concerns regarding the child to the court through an officer of the court designated for that purpose. (e) The guardian ad litem shall not testify in any proceeding concerning any information, statement, or opinion received from the child in the course of serving as a guardian ad litem, unless the court finds it necessary to promote the best interests of the child. (f) The guardian ad litem shall be presumed to have acted in good faith in compliance with his duties described in sub-section (b). Sec. 6. Competency. Every child is presumed qualified to be a witness. However, the court shall conduct a competency examination of a child, motu proprio or on motion of a party, when it finds that substantial doubt exists regarding the ability of the child to perceive, remember, communicate, distinguish truth from falsehood, or appreciate the duty to tell the truth in court. (a) Proof of necessity. A party seeking a competency examination must present proof of necessity of competency examination. The age of the child by itself is not a sufficient basis for a competency examination. (b) Burden of proof. To rebut the presumption of competence enjoyed by a child, the burden of proof lies on the party challenging his competence. (c) Persons allowed at competency examination. Only the following are allowed to attend a competency examination: (1) The judge and necessary court personnel; (2) The counsel for the parties; (3) The guardian ad litem; (4) One or more support persons for the child; and (5) The defendant, unless the court determines that competence can be fully evaluated in his absence. (d) Conduct of examination. Examination of a child as to his competence shall be conducted only by the judge. Counsel for the parties, however, can submit questions to the judge that he may, in his discretion, ask the child. (e) Developmentally appropriate questions. The questions asked at the competency examination shall be appropriate to the age and developmental level of the child; shall not be related to the issues at trial; and shall focus on the ability of the child to remember, communicate, distinguish between truth and falsehood, and appreciate the duty to testify truthfully. (f) Continuing duty to assess competence. The court has the duty of continuously assessing the competence of the child throughout his testimony. Sec. 7. Oath or affirmation. Before testifying, a child shall take an oath or affirmation to tell the truth. Sec. 8. Examination of a child witness. The examination of a child witness presented in a hearing or any proceeding shall be done in open court. Unless the witness is incapacitated to speak, or the question calls for a different mode of answer, the answers of the witness shall be given orally. The party who presents a child witness or the guardian ad litem of such child witness may, however, move the court to allow him to testify in the manner provided in this Rule. Sec. 9. Interpreter for child.

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(a) When a child does not understand the English or Filipino language or is unable to communicate in said languages due to his developmental level, fear, shyness, disability, or other similar reason, an interpreter whom the child can understand and who understands the child may be appointed by the court, motu proprio or upon motion, to interpret for the child. (b) If a witness or member of the family of the child is the only person who can serve as an interpreter for the child, he shall not be disqualified and may serve as the interpreter of the child. The interpreter, however, who is also a witness, shall testify ahead of the child. (c) An interpreter shall take an oath or affirmation to make a true and accurate interpretation. Sec. 10. Facilitator to pose questions to child. (a) The court may, motu proprio or upon motion, appoint a facilitator if it determines that the child is unable to understand or respond to questions asked. The facilitator may be a child psychologist, psychiatrist, social worker, guidance counselor, teacher, religious leader, parent, or relative. (b) If the court appoints a facilitator, the respective counsels for the parties shall pose questions to the child only through the facilitator. The questions shall either be in the words used by counsel or, if the child is not likely to understand the same, in words that are comprehensible to the child and which convey the meaning intended by counsel. (c) The facilitator shall take an oath or affirmation to pose questions to the child according to the meaning intended by counsel. Sec. 11. Support persons. (a) A child testifying at a judicial proceeding or making a deposition shall have the right to be accompanied by one or two persons of his own choosing to provide him emotional support. (1) Both support persons shall remain within the view of the child during his testimony. (2) One of the support persons may accompany the child to the witness stand, provided the support person does not completely obscure the child from the view of the opposing party, judge, or hearing officer. (3) The court may allow the support person to hold the hand of the child or take other appropriate steps to provide emotional support to the child in the course of the proceedings. (4) The court shall instruct the support persons not to prompt, sway, or influence the child during his testimony. (b) If the support person chosen by the child is also a witness, the court may disapprove the choice if it is sufficiently established that the attendance of the support person during the testimony of the child would pose a substantial risk of influencing or affecting the content of the testimony of the child. (c) If the support person who is also a witness is allowed by the court, his testimony shall be presented ahead of the testimony of the child. Sec. 12. Waiting area for child witnesses. The courts are encouraged to provide a waiting area for children that is separate from waiting areas used by other persons. The waiting area for children should be furnished so as to make a child comfortable. Sec. 13. Courtroom environment. To create a more comfortable environment for the child, the court may, in its discretion, direct and supervise the location, movement and deportment of all persons in the courtroom including the parties, their counsel, child, witnesses, support persons, guardian ad litem, facilitator, and court personnel. The child may be allowed to testify from a place other than the witness chair. The witness chair or other place from which the child testifies may be turned to facilitate his testimony but the opposing party and his counsel must have a frontal or profile view of the child during the testimony of the child. The witness chair or other place from which the child testifies may also be rearranged to allow the child to see the opposing party and his counsel, if he chooses to look at them, without turning his body or leaving the witness stand. The judge need not wear his judicial robe. Nothing in this section or any other provision of law, except official in-court identification provisions, shall be construed to require a child to look at the accused.

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Accommodations for the child under this section need not be supported by a finding of trauma to the child. Sec. 14. Testimony during appropriate hours. The court may order that the testimony of the child should be taken during a time of day when the child is well-rested. Sec. 15. Recess during testimony. The child may be allowed reasonable periods of relief while undergoing direct, cross, re-direct, and recross examinations as often as necessary depending on his developmental level. Sec. 16. Testimonial aids. The court shall permit a child to use dolls, anatomically-correct dolls, puppets, drawings, mannequins, or any other appropriate demonstrative device to assist him in his testimony. Sec. 17. Emotional security item. While testifying, a child shall be allowed to have an item of his own choosing such as a blanket, toy, or doll. Sec. 18. Approaching the witness. The court may prohibit a counsel from approaching a child if it appears that the child is fearful of or intimidated by the counsel. Sec. 19. Mode of questioning. The court shall exercise control over the questioning of children so as to (1) facilitate the ascertainment of the truth, (2) ensure that questions are stated in a form appropriate to the developmental level of the child, (3) protect children from harassment or undue embarrassment, and (4) avoid waste of time. The court may allow the child witness to testify in a narrative form. Sec. 20. Leading questions. The court may allow leading questions in all stages of examination of a child if the same will further the interests of justice. Sec. 21. Objections to questions. Objections to questions should be couched in a manner so as not to mislead, confuse, frighten, or intimidate the child. Sec. 22. Corroboration. Corroboration shall not be required of a testimony of a child. His testimony, if credible by itself, shall be sufficient to support a finding of fact, conclusion, or judgment subject to the standard of proof required in criminal and non-criminal cases. Sec. 23. Excluding the public. When a child testifies, the court may order the exclusion from the courtroom of all persons, including members of the press, who do not have a direct interest in the case. Such an order may be made to protect the right to privacy of the child or if the court determines on the record that requiring the child to testify in open court would cause psychological harm to him, hinder the ascertainment of truth, or result in his inability to effectively communicate due to embarrassment, fear, or timidity. In making its order, the court shall consider the developmental level of the child, the nature of the crime, the nature of his testimony regarding the crime, his relationship to the accused and to persons attending the trial, his desires, and the interests of his parents or legal guardian. The court may, motu proprio, exclude the public from the courtroom if the evidence to be produced during trial is of such character as to be offensive to decency or public morals. The court may also, on motion of the accused, exclude the public from trial, except court personnel and the counsel of the parties. Sec. 24. Persons prohibited from entering and leaving courtroom. The court may order that persons attending the trial shall not enter or leave the courtroom during the testimony of the child. Sec. 25. Live-link television testimony in criminal cases where the child is a victim or a witness. (a) The prosecutor, counsel or the guardian ad litem may apply for an order that the testimony of the child be taken in a room outside the courtroom and be televised to the courtroom by live-link television. Before the guardian ad litem applies for an order under this section, he shall consult the prosecutor or counsel and shall defer to the judgment of the prosecutor or counsel regarding the necessity of applying for an

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order. In case the guardian ad ltiem is convinced that the decision of the prosecutor or counsel not to apply will cause the child serious emotional trauma, he himself may apply for the order. The person seeking such an order shall apply at least five (5) days before the trial date, unless the court finds on the record that the need for such an order was not reasonably foreseeable. (b) The court may motu proprio hear and determine, with notice to the parties, the need for taking the testimony of the child through live-link television. (c) The judge may question the child in chambers, or in some comfortable place other than the courtroom, in the presence of the support person, guardian ad litem, prosecutor, and counsel for the parties. The questions of the judge shall not be related to the issues at trial but to the feelings of the child about testifying in the courtroom. (d) The judge may exclude any person, including the accused, whose presence or conduct causes fear to the child. (e) The court shall issue an order granting or denying the use of live-link television and stating the reasons therefor. It shall consider the following factors: (1) The age and level of development of the child; (2) His physical and mental health, including any mental or physical disability; (3) Any physical, emotional, or psychological injury experienced by him; (4) The nature of the alleged abuse; (5) Any threats against the child; (6) His relationship with the accused or adverse party; (7) His reaction to any prior encounters with the accused in court or elsewhere; (8) His reaction prior to trial when the topic of testifying was discussed with him by parents or professionals; (9) Specific symptoms of stress exhibited by the child in the days prior to testifying; (10) Testimony of expert or lay witnesses; (11) The custodial situation of the child and the attitude of the members of his family regarding the events about which he will testify; and (12) Other relevant factors, such as court atmosphere and formalities of court procedure. (f) The court may order that the testimony of the child be taken by live-link television if there is a substantial likelihood that the child would suffer trauma from testifying in the presence of the accused, his counsel or the prosecutor as the case may be. The trauma must be of a kind which would impair the completeness or truthfulness of the testimony of the child. (g) If the court orders the taking of testimony by live-link television: (1) The child shall testify in a room separate from the courtroom in the presence of the guardian ad litem; one or both of his support persons; the facilitator and interpreter, if any; a court officer appointed by the court; persons necessary to operate the closed-circuit television equipment; and other persons whose presence are determined by the court to be necessary to the welfare and well-being of the child; (2) The judge, prosecutor, accused, and counsel for the parties shall be in the courtroom. The testimony of the child shall be transmitted by live-link television into the courtroom for viewing and hearing by the judge, prosecutor, counsel for the parties, accused, victim, and the public unless excluded. (3) If it is necessary for the child to identify the accused at trial, the court may allow the child to enter the courtroom for the limited purpose of identifying the accused, or the court may allow the child to identify the accused by observing the image of the latter on a television monitor. (4) The court may set other conditions and limitations on the taking of the testimony that it finds just and appropriate, taking into consideration the best interests of the child. (h) The testimony of the child shall be preserved on videotape, digital disc, or other similar devices which shall be made part of the court record and shall be subject to a protective order as provided in section 31(b). Sec. 26. Screens, one-way mirrors, and other devices to shield child from accused . (a) The prosecutor or the guardian ad litem may apply for an order that the chair of the child or that a screen or other device be placed in the courtroom in such a manner that the child cannot see the accused while testifying. Before the guardian ad litem applies for an order under this section, he shall consult with the prosecutor or counsel subject to the second and third paragraphs of section 25(a) of this Rule. The court shall issue an order stating the reasons and describing the approved courtroom arrangement.

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(b) If the court grants an application to shield the child from the accused while testifying in the courtroom, the courtroom shall be arranged to enable the accused to view the child. Sec. 27. Videotaped deposition. (a) The prosecutor, counsel, or guardian ad litem may apply for an order that a deposition be taken of the testimony of the child and that it be recorded and preserved on videotape. Before the guardian ad litem applies for an order under this section, he shall consult with the prosecutor or counsel subject to the second and third paragraphs of section 25(a). (b) If the court finds that the child will not be able to testify in open court at trial, it shall issue an order that the deposition of the child be taken and preserved by videotape. (c) The judge shall preside at the videotaped deposition of a child. Objections to deposition testimony or evidence, or parts thereof, and the grounds for the objection shall be stated and shall be ruled upon at the time of the taking of the deposition. The other persons who may be permitted to be present at the proceeding are: (1) The prosecutor; (2) The defense counsel; (3) The guardian ad litem; (4) The accused, subject to sub-section (e); (5) Other persons whose presence is determined by the court to be necessary to the welfare and well-being of the child; (6) One or both of his support persons, the facilitator and interpreter, if any; (7) The court stenographer; and (8) Persons necessary to operate the videotape equipment. (d) The rights of the accused during trial, especially the right to counsel and to confront and crossexamine the child, shall not be violated during the deposition. (e) If the order of the court is based on evidence that the child is unable to testify in the physical presence of the accused, the court may direct the latter to be excluded from the room in which the deposition is conducted. In case of exclusion of the accused, the court shall order that the testimony of the child be taken by live-link television in accordance with section 25 of this Rule. If the accused is excluded from the deposition, it is not necessary that the child be able to view an image of the accused. (f) The videotaped deposition shall be preserved and stenographically recorded. The videotape and the stenographic notes shall be transmitted to the clerk of the court where the case is pending for safekeeping and shall be made a part of the record. (g) The court may set other conditions on the taking of the deposition that it finds just and appropriate, taking into consideration the best interests of the child, the constitutional rights of the accused, and other relevant factors. (h) The videotaped deposition and stenographic notes shall be subject to a protective order as provided in section 31(b). (i) If, at the time of trial, the court finds that the child is unable to testify for a reason stated in section 25(f) of this Rule, or is unavailable for any reason described in section 4(c), Rule 23 of the 1997 Rules of Civil Procedure, the court may admit into evidence the videotaped deposition of the child in lieu of his testimony at the trial. The court shall issue an order stating the reasons therefor. (j) After the original videotaping but before or during trial, any party may file any motion for additional videotaping on the ground of newly discovered evidence. The court may order an additional videotaped deposition to receive the newly discovered evidence. Sec. 28. Hearsay exception in child abuse cases. A statement made by a child describing any act or attempted act of child abuse, not otherwise admissible under the hearsay rule, may be admitted in evidence in any criminal or non-criminal proceeding subject to the following rules: (a) Before such hearsay statement may be admitted, its proponent shall make known to the adverse party the intention to offer such statement and its particulars to provide him a fair opportunity to object. If the child is available, the court shall, upon motion of the adverse party, require the child to be present at the presentation of the hearsay statement for cross-examination by the adverse party. When the child is unavailable, the fact of such circumstance must be proved by the proponent. (b) In ruling on the admissibility of such hearsay statement, the court shall consider the time, content and circumstances thereof which provide sufficient indicia of reliability. It shall consider the following factors:

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(1) Whether there is a motive to lie; (2) The general character of the declarant child; (3) Whether more than one person heard the statement; (4) Whether the statement was spontaneous; (5) The timing of the statement and the relationship between the declarant child and witness; (6) Cross-examination could not show the lack of knowledge of the declarant child; (7) The possibility of faulty recollection of the declarant child is remote; and (8) The circumstances surrounding the statement are such that there is no reason to suppose the declarant child misrepresented the involvement of the accused. (c) The child witness shall be considered unavailable under the following situations: (1) Is deceased, suffers from physical infirmity, lack of memory, mental illness, or will be exposed to severe psychological injury; or (2) Is absent from the hearing and the proponent of his statement has been unable to procure his attendance by process or other reasonable means. (d) When the child witness is unavailable, his hearsay testimony shall be admitted only if corroborated by other admissible evidence. Sec. 29. Admissibility of videotaped and audiotaped in-depth investigative or disclosure interviews in child abuse cases. The court may admit videotape and audiotape in-depth investigative or disclosure interviews as evidence, under the following conditions: (a) The child witness is unable to testify in court on grounds and under conditions established under section 28 (c). (b) The interview of the child was conducted by duly trained members of a multidisciplinary team or representatives of law enforcement or child protective services in situations where child abuse is suspected so as to determine whether child abuse occurred. (c) The party offering the videotape or audiotape must prove that: (1) the videotape or audiotape discloses the identity of all individuals present and at all times includes their images and voices; (2) the statement was not made in response to questioning calculated to lead the child to make a particular statement or is clearly shown to be the statement of the child and not the product of improper suggestion; (3) the videotape and audiotape machine or device was capable of recording testimony; (4) the person operating the device was competent to operate it; (5) the videotape or audiotape is authentic and correct; and (6) it has been duly preserved. The individual conducting the interview of the child shall be available at trial for examination by any party. Before the videotape or audiotape is offered in evidence, all parties shall be afforded an opportunity to view or listen to it and shall be furnished a copy of a written transcript of the proceedings. The fact that an investigative interview is not videotaped or audiotaped as required by this section shall not by itself constitute a basis to exclude from evidence out-of-court statements or testimony of the child. It may, however, be considered in determining the reliability of the statements of the child describing abuse. Sec. 30. Sexual abuse shield rule. (a) Inadmissible evidence. The following evidence is not admissible in any criminal proceeding involving alleged child sexual abuse: (1) Evidence offered to prove that the alleged victim engaged in other sexual behavior; and (2) Evidence offered to prove the sexual predisposition of the alleged victim. (b) Exception. Evidence of specific instances of sexual behavior by the alleged victim to prove that a person other than the accused was the source of semen, injury, or other physical evidence shall be admissible. A party intending to offer such evidence must:

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(1) File a written motion at least fifteen (15) days before trial, specifically describing the evidence and stating the purpose for which it is offered, unless the court, for good cause, requires a different time for filing or permits filing during trial; and (2) Serve the motion on all parties and the guardian ad litem at least three (3) days before the hearing of the motion. Before admitting such evidence, the court must conduct a hearing in chambers and afford the child, his guardian ad litem, the parties, and their counsel a right to attend and be heard. The motion and the record of the hearing must be sealed and remain under seal and protected by a protective order set forth in section 31(b). The child shall not be required to testify at the hearing in chambers except with his consent. Sec. 31. Protection of privacy and safety. (a) Confidentiality of records. Any record regarding a child shall be confidential and kept under seal. Except upon written request and order of the court, a record shall only be released to the following: (1) Members of the court staff for administrative use; (2) The prosecuting attorney; (3) Defense counsel; (4) The guardian ad litem; (5) Agents of investigating law enforcement agencies; and (6) Other persons as determined by the court. (b) Protective order. Any videotape or audiotape of a child that is part of the court record shall be under a protective order that provides as follows: (1) Tapes may be viewed only by parties, their counsel, their expert witness, and the guardian ad litem. (2) No tape, or any portion thereof, shall be divulged by any person mentioned in sub-section (a) to any other person, except as necessary for the trial. (3) No person shall be granted access to the tape, its transcription or any part thereof unless he signs a written affirmation that he has received and read a copy of the protective order; that he submits to the jurisdiction of the court with respect to the protective order; and that in case of violation thereof, he will be subject to the contempt power of the court. (4) Each of the tape cassettes and transcripts thereof made available to the parties, their counsel, and respective agents shall bear the following cautionary notice: This object or document and the contents thereof are subject to a protective order issued by the court in (case title) , (case number) . They shall not be examined, inspected, read, viewed, or copied by any person, or disclosed to any person, except as provided in the protective order. No additional copies of the tape or any of its portion shall be made, given, sold, or shown to any person without prior court order. Any person violating such protective order is subject to the contempt power of the court and other penalties prescribed by law. (5) No tape shall be given, loaned, sold, or shown to any person except as ordered by the court. (6) Within thirty (30) days from receipt, all copies of the tape and any transcripts thereof shall be returned to the clerk of court for safekeeping unless the period is extended by the court on motion of a party. (7) This protective order shall remain in full force and effect until further order of the court. (c) Additional protective orders. The court may, motu proprio or on motion of any party, the child, his parents, legal guardian, or the guardian ad litem, issue additional orders to protect the privacy of the child. (d) Publication of identity contemptuous. Whoever publishes or causes to be published in any format the name, address, telephone number, school, or other identifying information of a child who is or is alleged to be a victim or accused of a crime or a witness thereof, or an immediate family of the child shall be liable to the contempt power of the court. (e) Physical safety of child; exclusion of evidence. A child has a right at any court proceeding not to testify regarding personal identifying information, including his name, address, telephone number, school, and other information that could endanger his physical safety or his family. The court may, however, require the child to testify regarding personal identifying information in the interest of justice.

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(f) Destruction of videotapes and audiotapes. Any videotape or audiotape of a child produced under the provisions of this Rule or otherwise made part of the court record shall be destroyed after five (5) years have elapsed from the date of entry of judgment. (g) Records of youthful offender. Where a youthful offender has been charged before any city or provincial prosecutor or before any municipal judge and the charges have been ordered dropped, all the records of the case shall be considered as privileged and may not be disclosed directly or indirectly to anyone for any purpose whatsoever. Where a youthful offender has been charged and the court acquits him, or dismisses the case or commits him to an institution and subsequently releases him pursuant to Chapter 3 of P. D. No. 603, all the records of his case shall also be considered as privileged and may not be disclosed directly or indirectly to anyone except to determine if a defendant may have his sentence suspended under Article 192 of P. D. No. 603 or if he may be granted probation under the provisions of P. D. No. 968 or to enforce his civil liability, if said liability has been imposed in the criminal action. The youthful offender concerned shall not be held under any provision of law to be guilty of perjury or of concealment or misrepresentation by reason of his failure to acknowledge the case or recite any fact related thereto in response to any inquiry made to him for any purpose. Records within the meaning of this sub-section shall include those which may be in the files of the National Bureau of Investigation and with any police department or government agency which may have been involved in the case. (Art. 200, P. D. No. 603) Sec. 32. Applicability of ordinary rules. The provisions of the Rules of Court on deposition, conditional examination of witnesses, and evidence shall be applied in a suppletory character. Sec. 33. Effectivity. This Rule shall take effect on December 15, 2000 following its publication in two (2) newspapers of general circulation.

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D. SERVICES AND CONTACT INFORMATION OF GOVERNMENT AGENCIES

Quick List of Government Agencies and Contacts


Agency DSWD, Office of the Secretary Department of Labor and Employment Bureau of Immigration National Bureau of Investigation NBI- Anti Organized Crime Division NBI Anti Human Trafficking Division NBI- Violence Against Women and Children Division DOJ, Office of the Secretary DOJ, Public Attorneys Office DOJ-IACAT DOJ, Witness Protection, Security & Benefits Program DOJ, Victims Compensation Program DOJ, Committee on the Special Protection of Children DOJ, Office of the Chief State Prosecutor National Statistics Office, Civil Registration Department Bureau of Corrections Contact Esperanza I. Cabral, Secretary Marianito Roque, Secretary Marcelino C. Libanan Commissioner Nestor Mantaring, Director Atty. Oscar L. Embido Atty. Ferdinand Lavin Atty. Angelica Somera, Asst. Regional Director Raul M. Gonzalez, Secretary Persida v. Rueda-Acosta, Chief Public Attorney Ricardo V. Paras III, Chief State Counsel Leo Dacera, Program Director Jovencito R. Zuo, Chairman Teresita R. Domingo Acting Secretary/Chairman Jovencito R. Zuo, Chief State Prosecutor Lourdes Hufana, Director Oscar Calderon, Director EDSA, Quezon City NBP Reservation, Muntinlupa City 525-1680 523-8481 to 98, local 219; 525-0952; jrz@doj.gov.ph 926-7333 850-3282; 809-9775; 8098073 Address Batasan Complex, Constitution Hills, Quezon City Muralla St. cor. Gen. Luna St., Intramuros 1002 Manila Magalles Drive, Intramuros, Manila NBI Building, Taft Avenue, Ermita, Manila NBI Building, Taft Avenue, Ermita, Manila NBI Building, Taft Avenue, Ermita, Manila NBI Building, Taft Avenue, Ermita, Manila Department of Justice, Padre Faura St., Ermita, Manila DOJ Agencies Bldg., NIA Road cor. East Ave., Diliman, Quezon City Department of Justice, Padre Faura St., Ermita, Manila Department of Justice, Padre Faura St., Ermita, Manila Department of Justice, Padre Faura St., Ermita, Manila Tel. or Email 931-8068 527-3000 loc. 701-704 and 706 527-3248 524-5084 523-3265; 523-8231 ext. 3463 523-8231 523-8231; 525-6028 523-1614; 521-3310; soj@doj.gov.ph 929-9010; 924-1396 523-0764 523-8481 to 98, local 379 or 345 523-8481 to 98, local 219; 525-0952; jrz@doj.gov.ph

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i. Department of Social Welfare and Development

DSWD Bldg., Constitution Hills, Batasan Complex, Q.C., Philippines Tel. (632)931-81-01 to 931-81-07 Marillac Hills Northgate Ave. Filinvest, Alabang Muntinlupa City Asuncion Flores, Head 807-1587/89 NCR Crisis Intervention Unit San Rafael St. cor. Legarda St., Sampaloc, Manila Nelly Culong 734-8617/18 Program Development Bureau Batasan Complex, Constitution Hills Quezon City Vilma B. Cabrera, Director The Haven Northgate Ave., Filinvest, Alabang, Muntinlupa City Beth Panambo 807-1590

National Capital Region (NCR) Corner San Rafael Legarda St., Sampaloc, Manila Field Office I, Quezon Ave., San Fernando City, La Union Field Office II, Magallanes St., Tuguegarao, Cagayan Field Office III, San Fernando, Pampanga Field Office IV-A, Alabang, Muntilupa City Field Office IV-B, 1680 F. T. Benitez St., Malate Manila Field Office V, Buragwis, Legaspi City Field Office VI, M. H. del Pilar St., Molo, Iloilo City Field Office VII, Cuenco St. Cor. Maxilom Ave., Cebu City Field Office VIII, Magsaysay Ave., Tacloban City Field Office IX, Gen. Alvarez Street, Zamboanga City Field Office X, Km. 5 Upper Canitoan, Cagayan de Oro City Field Office XI, Suazo St. cor. Magsaysay Ave., Davao City Field Office XII, S.C. Gymnasium and Cultural Center, Alunan Avenue, Koronadal City, South Cotabato Field Office CAR, 40 North Drive, Baguio City Field Office CARAGA, Alviola Village, Baan, Butuan City

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ii. Family Courts in the Metro Manila and Cebu Areas Pasig City RTC, Branch 159 Justice Hall Building, Capitol Compound Pasig City, Metro Manila Rodolfo Bonifacio, Presiding Judge Room 212 Tel. 631-4184 Pasig City RTC, Branch 162 Justice Hall Building, Capitol Compound Pasig City, Metro Manila Erlinda P. Uy, Presiding Judge Room 106 Tel. 631-4167 Pasig City RTC, Branch 261 Justice Hall Building, Capitol Compound Pasig City, Metro Manila Agnes Reyes-Carpio, Presiding Judge Tel: 632-1830 Quezon City RTC, Branch 94 Hall of Justice, Quezon City Romeo F. Zamora, Presiding Judge Rooms 128-129 G/F Tel: 924-3840 Quezon City RTC, Branch 106 Hall of Justice, Quezon City Natividad A.Giron-Dizon, Presiding Judge Rooms 226-227 Tel: 924-3863 Quezon City RTC, Branch 107 Hall of Justice, Quezon City Rosalina L. Luna Pison, Presiding Judge Room 228 Tel: 924-3806 Valenzuela RTC, Branch 172 Tadeo St. Karuhatan Valenzuela, Metro Manila Floro P. Alejo, Presiding Judge Tel: 291-542 Cebu City RTC, Branch No. 14 Palace of Justice, Cebu City Raphael B. Yrastorza, Presiding Judge Cebu City RTC, Branch No. 22 Palace of Justice, Cebu City Manuel D. Patalinghug, Presiding Judge Cebu City RTC, Branch No. 24

Kalookan City RTC, Branch 130 Jaime T. Hamoy, Presiding Judge 4/F, Aurelio Bldg., Rizal Ave. Ext. cor. 9th Avenue Tel: 364-1793 Las Pinas RTC, Branch 254 Las Pinas Hall of Justice Manuel B. Fernandez, Jr., Executive Judge Tel: 873-9886 (c/o PAO) Malabon RTC, Branch 169 Justice Hall, Malabon, Metro Manila Emmanuel D. Lauria, Presiding Judge Tel: 288-7432 Makati City RTC, Branch 140 Gusali ng Katarungan(Justice Hall), F. Zobel St., Makati City, Metro Manila Leticia P. Morales, Presiding Judge 3/F, Left Wing, Justice Hall Tel: 895-4001 to 09 Loc. 535; 896-2569 Makati City RTC, Branch 144 Gusali ng Katarungan(Justice Hall), F. Zobel St., Makati City, Metro Manila Candido P. Villanueva, Presiding Judge 4/F Lobby, Justice Hall Tel: 899-8593 Manila RTC, Branch 29 Manila City Hall, Taft Avenue, Manila Cielito Mindaro-Grulla, Presiding Judge Room 523 Tel: 527-4968 Manila RTC, Branch 37 Manila City Hall, Taft Avenue, Manila Vicente A. Hidalgo, Presiding Judge Room 449 Tel: 527-0868 Manila RTC, Branch 48 Manila City Hall, Taft Avenue, Manila Nimfa Cuesta-Vilches, Presiding Judge Room 515 Tel: 527-7828 Pasay City RTC, Branch 109 City Hall, F. B. Harrison Street, Pasay City MM Lilia Cruz Lopez, Presiding Judge Rm. 302, Hall of Justice Tel. 831-3473/Fax: 551-7769

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Palace of Justice, Cebu City Olegario R. Sarmiento, Jr., Presiding Judge

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iii. Department of Labor and Employment (DOLE) 641-0263/628-0802 641-0263 fax Malabon Labor District Kamanava DO, 69-I MacArthur Highway, Potrero, Malabon Antonio Ubaldo, District Officer 362-3187 Las Pinas Muntaparlas RR Building, 467 Alabang, Zapote Las Pinas Rolando M. Rosales District Officer 800-1538, 800-8906, 800-8902

National Capitol Region DOLE-NCR Bldg. 967 Maligaya Street Malate, Manila Raymundo G. Agravante, Regional Director dolencr_planning@yahoo.com 400-6241 Pasig Labor District Manpower Training Center #53 Dr. S. Antonio Ave., Bo. Kapasigan, Pasig City Marilyn A. Lim OIC, District Officer

Cordillera Administrative Region Cabinet Hills, Baguio City Ana C. Dione Regional Director (074) 442-2447 (074) 443-5339 (fax) Field Office (Abra) Esmer Main Bldg., Partelo St., Abra Emerito A. Narag Officer in Charge (074) 752-8593 Field Office (Apayao) New Market Bldg., Luna, Apayao Abra Darwin G. Hombrenueno Labor and Employment Officer III REGION 1 ARNEL Bldg., Mabini St., Catbangen, San Fernando City, La Union dolero1@digitelone.com Henry John S. Jalbuena Director IV (072) 700-2520 (072) 700-2520 (fax) Field Office (Laoag) Pacific Bldg., Abadilla St., Laoag, Ilocos Norte Querubin N. Valentin Senior Labor and Employment Officer, Head, La Union Provincial Labor Office (LUPLO) (077) 772-0727

Field Office (Ifugao) Gumbatan Bldg., Dotal St., Lagawe, Ifugao Isabellita M. Codamon Senior Labor and Employment Officer (074) 382-2138 Field Office (Kalinga) Batala Bldg., Bulanao, Tabuk, Kalinga Avelina C. Manganip Labor and Employment Officer III Field Office (Mt. Province) Government Center, Bontoc, Mt. Province Adelina Jocelyn F. Culaling Labor and Employment Officer III

Field Office (San Fernando) LDC Tower, cor. Ancheta & Mabini Sts., San Fernando City, La Union Leonardo Catapia OIC, Chief Labor and Employment Officer, Head, La Union Provincial Labor Office (LUPLO) (077) 700-5470 Field Office (Vigan) Masterland Bldg., Jose Singson St., Vigan, Ilocos Sur Antonio DL. Gutierrez Senior Labor and Employment Officer, Head, Ilocos Sur Provincial Labor Office (ISPLO) (077) 722-2399

REGION 2

Turingan Building, Caritan Centro,

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Tuguegarao, Cagayan ad_services_ro2@yahoo.com Grace Y. Ursua OIC, Office of the Regional Director (078) 844-1383, 844-1364 (078) 844-2728 (fax) Field Office (Cagayan) Elmer D. Lumauan Chief Labor and Employment Officer, Provincial Head (078) 844-1383, 844-1364 Fax-844-2728 fax Field Office (Ilagan) Narciso Ramos Sport Complex, Calibago, Ilagan, Isabela Antonio C. Abucot Chief Labor and Employment Officer, Provincial Head (078) 624-0121 fax REGION 3 3rd Floor Ascorp Building, McArthur Highway, Dolores, City of San Fernando, Pampanga dolero3@mail.irnet.net.ph Nathaniel V. Lacambra Regional Director (045) 961-1305 (045) 961-2195 (fax) Aurora Provincial Office Provincial Capitol, Baler, Aurora Felixberto Querijero Chief LEO, Aurora Provincial Office (042) 209-4412 (c/o PESO Baler) Bulacan Provincial Office Hiyas ng Bulacan, Capitol Compound, City of Malolos Efren M. Reyes Chief LEO, Bulacan Provincial Office REGION 4-A 3rd & 4th Floors, Andenson Building II, Brgy. Parian, Calamba, Laguna imsd@mozcom.com Ricardo Martinez, Regional Director (049) 545-7357 (049) 545-7360 (fax) Field Office (Batangas) 3rd Flr. Mercado Bldg., P. Burgos St., Batangas City

Field Office (Nueva Vizcaya) Capitol Compound, Bayombong, Nueva Vizcaya Pacifico B. Moralit Chief Labor and Employment Officer, Provincial Head (078) 321-4009 tel/fax Field Office (Quirino) Cabaogis, Quirino Elpidio B. Atal, Jr. Chief Labor and Employment Officer, Provincial Head Field Office (Appari) Nora F. Cuntapay Chief, Labor and Employment Officer, Provincial Head (078) 888-2031 tel/fax

(044) 662-0656 Nueva Ecija Provincial Office Old Capitol Compound, Cabanatuan City, Nueva Ecija Pedro S. Fernando Chief, LEO, Nueva Ecija Provincial Office (044) 600-5636 Tarlac Provincial Office Diwa ng Tarlac, Tarlac City Brigida C. Fadrigon OIC, Tarlac Provincial Office (045) 982-0622 Zambales District Office 2410 Rizal Avenue, Bajac-Bajac, Olongapo City Lorna SM. Toldoya OIC, Zambales District Office (047) 222-2200 Aleta A. Frigillana Administrative Officer V, District Head (designate) Batangas District Office (043) 723-0734 Field Office (Cavite) Peza Rosario, Cavite Milagros D. Mata Senior Labor and Employment Officer, Provincial Head, Cavite Provincial Office (046) 437-6996

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Field Office (Marikina) 26 Llamzon St., Co-Creator Building, Midtown Subdivision, San Roque, Marikina City Gregorio R. Torres Chief Labor and Employment Officer, Provincial Head, Rizal Provincial Office (02) 682-1532

Field Office (Lucena) 17 Tropical Avenue, Better Living Subdivision, Isabang, Lucena City Jaime R. Mercader Chief Labor and Employment Officer, Provincial Head, Quezon Provincial Office (042) 710-3023

REGION 4-B 7th Floor, Ben-Lor Building, 1184 Quezon Avenue, Quezon City doleregion4b@pacific.net.ph dolemimaropa@pacific.net.ph Bernadino Julve OIC, Office of the Regional Director 374-7972 374-7974 Field Office (Calapan) 2/F Chavez Bldg., Bonifacio, Ilaya, Calapan City Juliana H. Ortega Senior Labor and Employment Officer, Provincial Officer, Oriental Mindoro Provincial Office (043) 288-5702, 286-8159 REGION 5 ANST Building, Captain F. Aquenda Dr. Legaspi City 4500 dolero5@yahoo.com Ernesto C. Bihis OIC, Office of the Regional Director (052) 820-4806 (052) 820-3507 Field Office (Camarines Norte) Aquino Bldg., Gov. Panotes Ave., Daet, Camarines Norte Imelda E. Romanillos Senior Labor and Employment Officer, Field Officer, Camarines Norte Field Office Field Office (Masbate) 4th Dr. Espinosa Bldg., Mabini St., Masbate City Wilfredo P. Taduran Senior Labor and Employment Officer, Field Officer, Masbate City Field Office REGION 6 2nd & 3rd Floors, St. Clemens Building, Luna Street, La Paz, Iloilo City 5000 doleregion6@yahoo.com

Field Office (Occ. Mindoro) Dela Roca Bldg., Rizal St., San Jose, Occidental Mindoro Roy V. Balleza Senior Labor and Employment Officer, Provincial Officer, Occidental Mindoro Provincial Office (043) 491-4656 Field Office (Palawan) Juvine Bldg., Baltan St., Puerto Princesa City, Palawan Florante P. Maggay Senior Labor and Employment Officer, Provincial Officer, Palawan Provincial Office (048) 433-2208

Field Office (Naga City) DOLE Bldg., City Hall Compound, Naga City Ana Christine S. Soriano, Senior Labor and Employment Officer, Field Officer, Camarines Sur Field Office Field Office (Sorsogon) Barbaos Apartment, Burgos St., Burabod, Sorsogon City Marilyn L. Luzuriaga Senior Labor and Employment Officer, Field Officer, Sorsogon City Field Office Field Office (Virac) (In front of Capitol Bldg.) Francia, Virac, Catanduanes Arturo P. Corbe Senior Labor and Employment Officer, Field Officer, Catanduanes Field Office Teresita R. Manzala Regional Director (033) 320-6906 (033) 320-8026 (fax)

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Field Office (Antique) Provincial Capitol, San Jose, Antique Jerry DL. Pacificador Labor and Employment Officer II, Provincial Officer, Antique Field Office (0917) 335-4552 Field Office (Bacolod) UTC Building cor. Araneta & Alunan Sts., Bacolod City Ricardo P. Monegro Chief Labor and Employment Officer, OIC, Bacolod District Office (034) 443-0354 (034) 433-1547 fax

Field Office (Kalibo, Aklan) Provincial Capitol, Kalibo, Aklan Carmelita U. Regalado Labor and Employment Officer II, Provincial Officer, Aklan Provincial Office (036)268-5420 Field Office (Roxas) Provincial Capitol, Roxas City Felipe M. Suating Senior Labor and Employment Officer, Provincial Officer, Capiz Provincial Office (036) 621-2055

REGION 7 2nd Fl. GMC Plaza, MJ Cuenco Ave. Cor. Legaspi St. 6000 Cebu City Dolero7@cvis.net.ph Elias A. Cayanong Office of the Regional Director (032) 253-0638 Field Office (Dumaguete City) Sidlalkang Negros Bldg., Capitol Area, Dumaguete City Atty. Jose Ogang Chief, Dumaguete Field Office (035) 422-9741 Field Office (Tagbilaran City) Crystal Tower Bldg., Maria Clara St., Tagbilaran City REGION 8 Trece Martirez St., Tacloban City Dolero8@mail.evis.net.ph Forter Puguon, Regional Director (053) 325-5236 Field Office (Ormoc) 600 Bonifacio St., Ormoc City Crispin D. Dannug, Jr. Assistant Regional Director, Head, Provincial Extension Office (053) 255-2436 Field Office (Naval,Biliran) Provincial Capitol, Naval, Biliran Ma. Letecia A. Cayanong Chief LEO, Head, Provincial Extension Office

Wilson Cenas Chief, Tagbilaran Field Office (035) 501-8017, 411-3546 Field Office (Siquijor) Old Capitol Bldg., Siquijor, Siquijor Ma. Teresa D. Tanquiamco Labor and Employment Officer III, Head, Provincial Extension Unit (035) 411-2111 Field Office (Bago, Cebu) Barangay Hall Compound, Cogon, Bogo Cebu Manuel M. Momongan Labor and Employment Officer II, Head, Provincial Extension Unit (032) 434-8462 Field Office (Maasin city) Gracel Bldg., Brgy. Combado, Maasin City Fe Norma D. Valuis Chief LEO, Head, Provincial Extension Office (053) 381-2432 Field Office (Catbalogan, Samar) 128 B. San Bartolome St., Segunda Ubanon, Catbalogan, Samar Fe A. Estrella Labor and Employment Officer III, Head, Provincial Extension Office Field Office (Calbayog City) Goring St., Calbayog City

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Conrado C. Obregon Jr. Senior Labor and Employment Officer, Head, Provincial Extension Office Field Office (Eastern Samar) Brgy. Alang-alang, Borongan, Eastern Samar Marlon B. Arago Clerk III, Head, Provincial Extension Office REGION 9 Wee Agro Building, Veterans Avenue, Zamboanga City 7000 Dole_region_9@yahoo.com Dole9zam@pldtdsl.net Carlos L. Boteros Regional Director (062) 993-1877 (062) 991-2673, 991-2672 (fax) Field Office (Dipolog) Wee Agro Building, Veterans Avenue, Zamboanga City Vicente B. Sumalpong Chief Labor and Employment Officer, Head, Dipolog District Office REGION 10 2nd Floor, Gonzalo Go Building, Corrales Ave., Cagayan de Oro City dole10@websprinter.net Alan M. Macaraya Regional Director (088) 857-2218 (08822) 72-7682 Field Office (Misamis Oriental) 2/F Nuez Building, Motoomull cor. Dugenio Sts., Gingoog City, Misamis Oriental Lourdes G. Gomez Senior Labor and Employment Officer (088) 427-051

Field Office (Northern Samar) 559 Laurel St., Catarman, Northern Samar Patria A. Bigcas Chief Labor and Employment Officer, Head, Provincial Extension Office

Field Office (Pagadian) Wee Agro Building, Veterans Avenue, Zamboanga City Makaraya U. Adil Senior Labor and Employment Officer, Head, Pagadian Provincial Office Field Office (Zamboangga) Wee Agro Building, Veterans Avenue, Zamboanga City Imelda F. Gatinao Senior Labor and Employment Officer, Head, IpilZamboanga Sibugay Provincial Extension Office

Field Office (Misamis Occidental) 2/F Ortega Building, Valconcha cor. Mabini St., Osamis City Jose G. Robles OIC, Misamis Occidental Provincial Field Office (088) 521-1598 Field Office (Bukidnon) 3/F Antipasado Building, Judge Corillo St., Malaybalay City, Bukidnon Blesila L. Cartagena Senior Labor and Employment Officer (088) 221-2458 Field Office (Ilagan) 3/F Jacob Building, Gen. Aguinaldo St., Iligan City Remigio S. Cabaog OIC, Labor and Employment Officer (063) 221-6683 (082) 226-2671 Field Office (Davao del Sur) Leopoldo R. Ner Senior Labor and Employment Officer, Provincial Officer, Davao del Sur Provincial Office (082) 553-2597

REGION 11 R. & T. Yap Building, cor. Bangoy & Monteverde Sts., Davao City dole11davao@yahoo.com Ponciano M. Ligutom Regional Director (082) 227-8772

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Appendix D
Albert E. Degamo Senior Labor and Employment Officer, Provincial Officer, Compostela Valley Provincial Office (082) 811-4399 Field Office (Campostela Valley) c/o TESDA Comval Prov. Office National, Highway, Nabunturan COMVAL Eugenio I. Pabinguit Chief LEO, Provincial Officer, Compostela Valley Provincial Office

Field Office (Davao del Norte) 3rd Flr. Lacor Bldg., cor. Quezon-Bonifacio Sts., Tagum City Eugenio I. Pabinguit Chief LEO, Provincial Officer, Davao del Norte Provincial Office (082) 217-3311 Field Office (Davao Oriental) c/o TESDA Bldg., Government Complex, Bonifacio St., Dahican, Mati, Davao Oriental REGION 12 102 Acepal Building, Mabini Extension, Koronadal City dolexii@cotabato.mozcom.com Ma. Gloria A. Tango Regional Director (064) 421-3348, 421-3040 Field Office (Kidapawan) Romeo Ma. Bldg., Quezon Ave., Kidapawan City Rosalita M. Escleto Chief LEO, Provinicial Officer, Kidapawan Provincial Extension Office (064) 288-1271 (064) 421-3766 fax Field Office (Sultan Kudarat) Door 302 Bernardo Center, Magsaysay Ave., Tacurong, Sultan Kudarat CARAGA 3rd Floor LCT Building, P. Burgos St. Butuan City dolexii@sky.net Chona M. Mantilla OIC, Office of the Regional Director (085) 225-3229 (085) 225-3229 Field Office (Agusan Del Sur) Local Government Center,

Ceferino D. Ayupan, Jr. Chief LEO, Tacurong Provincial Extension Office (064) 200-3929 Field Office (South Cotabato) Door 11 & 12 KF Arcade, Koronadal City, South Cotabato Edna P. Sales Sr. Labor and Employment Officer, Provincial Officer, Koronadal Provincial Extension Office Field Office (Gen. Santos) Lot 2, Blk 7, Paradise Subd., Dadiangas Heights, Gen. Santos City Patricio L. Blanza Chief LEO, Provincial Officer, Gen. Santos Provincial Extension Office

Agusan Del Sur Naomi Lyn C. Abellana Senior Labor and Employment Officer, Agusan Del Sur Provincial Extension Unit Field Office (Surigao) 2nd Flr., Vista Bldg., Bilang-bilang St., Port Area Surigao City Nida A. Baybay Surigao Provincial Extension Unit

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iv.

Bureau of Immigration

Bureau of Immigration Bldg. Magallanes Drive, Intramuros, Manila +632 527-3260 | +632 527-3248 Office of Commissioner Marcelino C. Libanan 4th Floor BF Condominium A. Soriano St. cor Solana St., Intramuros, Manila +632 301-0756 NORTHERN LUZON Aparri Field Office 2nd Floor Melval Bldg. RF Balizi St. Aparri, Cagayan Eva M. Antiporda, Alien Control Officer Tel. 078-888-2098 Fax :078-822-8288 Tuguegarao Field Office 2nd Floor Public Market Tuguegarao City, Cagayan Victor L. Malenab - Acting Alien Control Officer Tel. # (078) 846-2966 Dagupan Field Office People's Astrodome, Tapuac District Dagupan City Alberto Siapno Garcia, Alien Control Officer Tel. # (075) 523-4047 CP: 09176932248 Laoag Field Office Tupaz Avenue,Laoag City Paulino C. Verzosa - Acting Alien Control Officer CENTRAL LUZON Angeles District Office 7th St., Lacandula, Dau Mabalacat, Pampanga Francisco Doria - Alien Control Officer Tel. # (045) 892-6110 CP:09175108040 Clark Field Office Clark Development Corp. Building 2127 Clark Special Economic Zone, Pampanga Carmencita M. Ramiscal - OIC Tel. # (045) 599-4402 / 599-9000 local 402 Bataan Field Office Santiago Building, Balanga City, Bataan SOUTHERN LUZON Gumersindo A. Evangelista -Alien Control Officer Tel. # (047) 237-6418 c/o Vintel Marketing c/o CA-Jenny Rosales 09062077198 Diosdado Macapagal International Airport (045) 599-7283 Jesus L. Buag- Head Supervisor Subic / Olongapo Field Office 7th 87 West Tapianac, Olongapo City Roberto Francisco Pelia, Alien Control Officer Tel. # (047) 224-2766 Tel. # (077) 770-4943 Baguio Field Office Basement Jose Miguel Bldg., Yandoc St. Naguilian Road, Baguio City Antonio Orallo Prieto, Alien Control Officer Tel. # (074) 447-0800 CP:09189160361 San Fernando La Union District Office Pennsylvenia Avenue,Poro Point San Fernando City, La Union Rodolfo Carolino Caagao - Alien Control Officer Tel. # (072) 888-4515/ 700-4370/ CP : 09063722111 Santiago Field Office 2nd Floor People's Coliseum Santiago City, Isabela Joyce C. Puno, Acting Alien Control Officer Tel. # (078) 682-2513

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Batangas District Office Diversion Road, Barangay Bolbok Batangas City Aurora Mendoza Fermin- Alien Control Officer Tel. # (043) 7233032 Boac Field Office Boac, Marinduque 4900 Amado Buag Ignacio III - Alien Control Officer Tel. # (042) 311-1391 CP : 09203681494 Calapan Field Office J. Luna St., Oriental Mindoro Rodolfo Cantos Serrano, Acting Alien Control Officer Tel. # (043) 288-2245 Lucena Field Office 2nd Flr. Quezon Provincial Capitol Bldg.,Lucena City Napoleon Allarey Flancia, Alien Control Officer Tel. # (042) 710-7015 CP: 09196404677 CENTRAL VISAYAS Cebu District Office P. Burgos St., Tribunal, Mandaue City Geronimo Sotto Rosas ACO / Regional Director Tel. # (032) 345-6442-4 Fax:345-6441 Airport - (032) 340-1473/3400-751 Dumaguete Field Office Door # 8 Lu Pega Bldg. 38 Dr.V. Locsin St., Dumaguete City 6200 Peter Cabatingan Bueno, Alien Control Officer Tel. # (035) 225-4401 CP: 09182808425 Bohol Field Office 2nd Floor Sarabia Co, Torralba Bldg. CPG Ave., Tagbilaran City 6300 Siquijor Field Office Ground Floor, Provincial Capitol, Siquijor Eugenio Romey Delos Cientos, Officer-In-Charge Tel. # 09174774398 Bacolod Field Office 2nd Floor G&M Villacor Bldg., San Juan Lusuriaga St., Bacolod City Mita Chuvy Apuhin Arguelles, Alien Control Officer Tel. # (034) 433-8581 Legaspi Field Office 3rd Floor, Velasco Building Lapu-Lapu, Legaspi City Josephus Tanael Ojano - Acting Alien Control Officer Tel. # (052) 214-3427 / 820-5153 Puerto Princesa Field Office 2nd Flr. Servando Bldg. Rizal Avenue, Puerto Princesa City, Palawan Rowell Valdez Aballa, Alien Control Officer Tel. (048) 433-2248 CP: 09194258180 Naga Field Office Unit 7, 2nd Flr., Phonecian Bldg. Cor. Isarog St., Naga City 4400 Atty. Jose S. Tria Jr., Acting Alien Control Officer Tel. # (054) 811-8265 Brookes Point Boarding Station Brookes Point, Palawan Rolan Aralar Lim - Officer-In-Charge Tel. # 09194024207

WESTERN VISAYAS Iloilo District Office Customs House Bldg. 2nd Fl., Aduana St. Iloilo City 5000 Noel Abad Ojoy, Acting Alien Control Officer Tel. # (033) 337-5869 Fax: 509-9651 Boracay Field Office Villa Camella, Boracay, Malay, Aklan Victor Dianson Conanan, Alien Control Officer Tel. # (036) 2885267

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Kalibo Field Office Municipal Bldg. Office,Kalibo, Aklan Marilyn Pulmones Yap, EASTERN VISAYAS Tacloban District Office City Engr. Compound , Justice Romualdez St. Tacloban City 6500 Reynaldo Duaso Rostata, Alien Control Officer Tel. # (053) 325-6004 Calbayog Field Office Cinemar Traders, JV Avelino St., Calbayog City Rosario Sabarre Infante, Alien Control Officer Tel. # (055) 209-3310 NORTHERN MINDANAO Cagayan de Oro District Office Centro Mariano Bldg., Room 205, Osmea St., Cagayan de Oro City 9000 Florentino Go Diputado - Acting Alien Control Officer Tel. # (088) 227-26517 Butuan/Masao Field Office 3rd Fl. Rural Bank Bldg., A.D. Curato St. Corner PF Lagnada St., Butuan City Carlito Canangca-an Garrido, Alien Control Officer Tel. # (085) 342-5097 CP:09193475372 Iligan Field Office 2nd Floor, Room 203, Diocesan Centrum Bldg. Salvador T., Lluch St., Iligan City 9200 Harold Pacasum, Acting Alien Control Officer Tel. # (063) 221 6282 Bislig Field Office Tarefe Drive John Bosco, Mangagoy Bislig City, Surigao del Sur 8311 Raul Millan Delos Arcos, Alien Control Officer Tel. # (086) 853-5192 Ozamiz Field Office 3rd Floor Rizal cor. Valconcha St., 7200 Ozamiz City Alfe Hamili Fabian, Alien Control Officer Tel. # (088) 521-1581 Surigao Field Office Narciso St., Surigao City Alexis Estal Espejon, Alien Control Officer Tel. # (086) 826-826 Catbalogan Field Office #655 San Roque St. Catbalogan, Samar Pablo Tarrius Cinco, Alien Control Officer Tel. # (055) 251-2742 / 251-6470 Maasin Field Office Rene Uyvico Geonzon, Alien Control Officer Tel. # (053) 381-4136 Alien Control Officer Tel. # 09189406344 / (036) 5007601

SOUTHERN MINDANAO Davao District Office JP Laurel Avenue, Bajada, Davao City Benjamin Roble Lao, Alien Control Officer Tel.(082) 228-6477/ CP# 09177053576 Glan Sarangani Field Office 2nd Floor Brgy. Hall, Poblacion, Glan Sarangani Province Eddie Delima,

Acting Alien Control Officer Tel. # (083) 2259029 General Santos Field Office 2nd Flr. Arcade II East Asia, Royal Hotel National Highway, General Santos City Atty. Ernesto Hechanova Mercado, Alien Control Officer Tel. # (083) 552-3442 CP: 09177141337 Jolo Field Office

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Appendix D
7400 Jolo, Sulu Abdusalim J. Salihuddin, Acting Alien Control Officer Tel. # 09069540948 Cotabato Field Office Ground Flr., Tanghal Bldg., # 5 Roman Vilo St. Cotabato City, Minandel Dalid, Acting Alien Control Officer Tel. # (064) 421-2066 Fax : 421-7732 Zamboanga Field Office 2nd Floor Radja Bldg.Gov. Camins Ave. Zamboanga City 7000 Sitti Rubaina Damih Lutian-Acting Alien Control Officer Tel. # (062) 991-2234 Bongao Field Office Ridjiki St., Bongao, Tawi-Tawi Muttu N. Tinguan -Alien Control Officer Tel. # 09194231571

160

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v.

DOJ - Public Attorneys Offices

CENTRAL OFFICE DOJ Agencies Bldg. NIA Rd. cor. East Avenue Diliman, Quezon City Office of the Chief Public Attorney 929-9010 927-6810 9262878 928-8660 926-3075 927-6806 928-9137 929-9518 926-6545 926-3280 920-8423 928-1066 927-6832

Offices of the Deputy Chief Public Attorney Chief, Special Appealed Cases Division (SACD) Chief, Legal Research Division Chief, Administrative Division OIC, Financial Management Division

NATIONAL CAPITAL REGION Manila District Office Back of Manila City Hall Arroceros St., Manila Quezon City District Office Hall of Justice Quezon City Hall Complex Quezon City Tel. # 924-3157; 924-3326 Makati City District Office Justice Hall Bldg. F. Zobel St., Makati City Tel. # 895-0247; 899-8621 Caloocan City District Office Rms. 208, 301, 311 & 312 Victoria Bldg., 11th Ave. Caloocan City Tel. # 363-6355 Pasay City District Office Hall of Justice F.B. Harrison, Pasay City Tel. # 833-0806

San Juan District Office Municipal Bldg., N. Domingo St. San Juan, M.M. Tel. # 724-5679 Paranaque District Office 3rd Flr. Paranaque Mun. Hall Paranaque, M.M. Tel. # 826-1686 Malabon/Navotas District Office 162 Khan Bldg. Gov. Pascual Ave Tenajeros, Malabon Tel. # 446-5223 Valenzuela City District Office Valenzuela City Hall Annex Valenzuela City Tel. # 292-0211 loc. 248 Las Pinas City District Office Hall of Justice Las Pinas City Muntinlupa City District Office Fresnide Bldg., National Hi-way Putatan, Muntinlupa City

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Marikina Sub-District Office Hall of Justice Marikina, M.M. Tel. # 646-1917 Taguig Sub-District Office Mun. Hall of Justice Taguig, M.M. Cebu City Regional Office East Wing, Grd. Flr. Palace of Justice Capitol Site, Cebu City REGION VIII Tacloban City Regional Office Bulwagan ng Katarungan Magsaysay Blvd., Tacloban City REGION IX - A Jolo, Sulu Regional Office Hall of Justice Capitol Site, Patikul, Sulu REGION IX - B Zamboanga City Regiona Office Rm. 304 Hall of Justice 7000 Zamboanga City REGION X Cagayan de Oro City Regional Office Hall of Justice Hayes St., Cagayan de Oro City REGION XI Davao City Regional Office Hall of Justice Ecoland, Davao City REGION XII Cotabato City Regional Office 3rd Flr., Compana de Seguros Bldg. Quezon Ave., Cotabato City CARAGA REGION Caraga Regional Office Hall of Justice Butuan City Mandaluyong City District Office Hall of Justice Boni Ave., Mandaluyong City Tel. # 532-5001 loc. 196

CORDILLERA ADMINISTRATIVE REGION Baguio City Regional Office Rm. 112 Grd. Flr. Justice Hall, Baguio City Tel. # 442-5832 REGION I San Fernando, La Union Regional Office Justice Hall Sevilla Center, San Fernando City REGION II Tuguegarao, Cagayan Regional Office Hall of Justice Carig 3500 Tuguegarao, Cagayan REGION III San Fernando, Pampanga Regional Office 3rd Flr. CLK Bldg. Dolores San Fernando, Pampanga REGION IV Pasig City Regional Office Grd. Flr. Hall of Justice Capitol Cmpd., Pasig City REGION V Legaspi City Regional Office Hall of Justice Bldg. Rawis, Legaspi City REGION VI Iloilo City Regional Office 4th Flr. Hall of Justice Bonifacio Dr., Iloilo City REGION VII

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vi. National Bureau of Investigations LAOAG DISTRICT OFFICE (LADO) Laoag City Tel. No.: (077) 772-0003 Agent In Charge - Inv. Agent VI Isidro M. Paredes Ex-O - Inv. Agent III Hilartio C. Manding VIGAN DISTRICT OFFICE (VIDO) Vigan Ilocos Sur Tel. No.: (077) 722-4196 Agent In Charge - Inv. Agent VI Primo J.Aurellado Ex-O - Inv. Agent VI Dante A Gierran

ILOCOS REGIONAL OFFICE (IRO) San Fernando, La Union Tel. No.: (072) 888-2475 Regional Director - Director II Victor A. Bessat Ex-O - Inv. Agent VI Policronio Palpal-Latoc DAGUPAN DISTRICT OFFICE (DADO) Dagupan City Tel. No.: (075) 515-5208 Agent In Charge - Inv. Agent VI Ricardo S. Jr. Pangan Ex-O - Inv. Agent V Philip V. Pecache

REGION 2 CAGAYAN VALLEY REGIONAL OFFICE (CAVRO) Tuguegarao City, Cagayan Regional Director - Dir. II Rogelio Mamaril Ex-O - Inv. Agent VI Mario Sison ISABELA DISTRICT OFFICE (ISDO) Ilagan, Isabela Agent In Charge - Inv. Agent VI Constantino Joson Ex-O - Inv. Agent IV Virgilio Reganit

CORDILLERA ADMINISTRATIVE REGION (CAR) Baguio City Tel. No.: (074) 304-2945 / 442-7204 Acting Regional Director - Director I Rickson L. Chiong Ex-O - Inv. Agent VI Francisco B. Linggon BAYOMBONG DISTRICT OFFICE (BAYDO) Bayombong, Nueva Vizcaya Tel. No.: (078) 321-3923 Agent In Charge - Inv. Agent VI, Norman A. Taloza, Ex-O - Inv. Agent V Alex T. Advento Cabanatuan City Tel. No.: (044) 600-3761 / 463-0328 Agent In Charge - Inv. Agent VI, Pedro Jr. C. Roque Ex-O - Special Investigator, Eddie S. Gutierrez, TARLAC DISTRICT OFFICE (TARDO) Tarlac City Tel. No.: (045) 982-1348 Agent In Charge - Inv. Agent VI, Florencio A. Binalay Ex-O - Inv. Agent VI, Orlando B. Cabading OLONGAPO DISTRICT OFFICE (OLDO) Olongapo City Tel. No.: (047) 222-5180

REGION 3 CENTRAL LUZON REGIONAL OFFICE (CELRO) San Fernando, Pampanga Tel. No.: (045) 860-2539 Acting Regional Director - Dir. I, Samuel M. Fiji Ex-O - Dir II, Arturo Efren D. Castro BULACAN DISTRICT OFFICE (BULDO) Pulilan, Bulacan Tel. No.: (044) 676-2900 Agent In Charge - Inv. Agent V, Roel Bolivar, Ex-O - Inv. Agent III, Leopoldo Jr. Leuterio CABANATUAN DISTRICT OFFICE (CABDO)

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Agent In Charge - Inv. Agent VI, Hernan C. Castro Ex-O - Inv. Agent VI, Joel A. Currameng,

REGION 4 BATANGAS REGIONAL OFFICE (BATRO) Batangas City Tel. No.: (043) 723-2845 Regional Director - Director II, Edward A. Villarta Ex-O - Inv. Agent VI, Generoso A. Matulac LUCENA DISTRICT OFFICE (LUCDO) Lucena City Tel. No.: (042) 373-5134 Officer in Charge - Inv. Agent V, Celso G. Ginga Ex-O - Inv. Agent V Melchor Dizon PUERTO PRINCESA DISTRICT OFFICE (PUERDO) Puerto Princesa City

Tel. No.: (048) 433-2368 Office in Charge - Inv. Agent VI Onos B. Mangotara Ex-O - Inv. Agent V Lorenzo T. Tan CAVITE DISTRICT OFFICE (CAVIDO) Imus, Cavite Tel. No.: (046) 471-4300 Agent In Charge - Inv. Agent VI, Danielito Q. Lalusis Ex-O - Inv. Agent V Sotero S. Hernandez, CALAPAN DISTRICT OFFICE (CALDO) Calapan, Oriental Mindoro Tel. No.: (048) 433-2368 Agent In Charge - Inv. Agent V Mario B. Minor Ex-O - Inv. Agent V Jovito Jr. Uy

REGION 5 BICOL REGIONAL OFFICE (BRO) Naga City Tel. No.: 811-2159 / 473-2041 Acting Regional Director - Director I, Medardo G.De Lemos Ex-O - Inv. Agent VI Tomas C. Enrile

LEGASPI DISTRICT OFFICE (LEGDO) Legaspi City Tel. No.: 811-2159 / 473-2041 Agent in Charge - Inv. Agent VI, Jose D. Doloiras Ex-O - Inv. Agent VI Raymundo Jr. D. Sarga

REGION 6 WESTERN VISAYAS REGIONAL OFFICE (WEVRO) Iloilo City Tel. No.: (033) 337-5018 Regional Director - Director II Carlos R. Saunar Ex-O - Inv. Agent VI

Carol V. Demandante BACOLOD DISTRICT OFFICE (BACDO) Bacolod City Tel. No.: (034) 433-9528 / 435-4860 Agent In Charge - Inv. Agent VI Arturo H. Nunag Ex-O - Inv. Agent V Celso Estorga

REGION 7 CENTRAL VISAYAS REGIONAL OFFICE (CEVRO) Cebu City Tel. No.: (032) 252-5631 / 253-5629 Regional Director - Director II Medardo de Lemos Ex-O - Inv. Agent VI

Ernesto Macabare DUMAGUETE DISTRICT OFFICE (DUMDO) Dumaguete City Tel. No.: (035) 225-0383 Agent In Charge - Inv. Agent VI

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Pedro Jr. R. Diaz Ex-O - Inv. Agent V REGION 8 EASTERN VISAYAS REGIONAL OFFICE (EVRO) Tacloban City Tel. No.: (053) 523-9866 / 321-2152 Regional Director - Director II Salvador R. Ranin Ex-O - Inv. Agent VI Dominador D. Cimafranca

Antonio M. Pagatpat SAMAR DISTRICT OFFICE (SAMDO) Catbalogan, Samar Tel. No.: (055) 209-1726 Agent In Charge - Inv. Agent VI, Mario C. Tonelete, Ex-O - Inv. Agent V Ernesto V. Lim

REGION 9 WESTERN MINDANAO REGIONAL OFFICE (WEMRO) Zamboanga City Tel. No.: (062) 992-0910 Acting Regional Director - Director I, George A. Jularbal Ex-O - Inv. Agent IV Samuel L. Balisi DIPOLOG DISTRICT OFFICE (DIPDO) Dipolog City Tel. No.: (065) 212-2804 / 415-4950 Agent In Charge - Inv. Agent VI,

Oscar D. Tomarong Ex-O - Special Investigator Sally Hans C. Barbaso PAGADIAN DISTRICT OFFICE (PAGDO) Pagadian City Tel. No.: (062) 215-1292 Agent In Charge - Inv. Agent VI Friolo Jr. R. Icao Ex-O - Inv. Agent III Marlon C. Toledo

REGION 10 NORTHERN MINDANAO REGIONAL OFFICE (NEMRO) Cagayan de Oro City Tel. No.: (088) 856-2703 / 856-4188 Regional Director - Dir. II Jose Jr. A. Limmayog Ex-O - Inv. Agent VI Virgilio L. Mendez

ILIGAN DISTRICT OFFICE (ILDO) Iligan City Tel. No.: (063) 221-2976 Agent In Charge - Inv. Agent V Patricio Jr. S. Bernales Ex-O - Special Investigator Danilo J. Cabanlet

REGION 11 SOUTHERN MINDANAO REGIONAL OFFICE (SEMRO) Davao City Tel. No.: (0882) 227-5070 / 225-3613 Regional Director - Dir. II Leoncio C. Evangelista Ex-O - Inv. Agent VI Rogelio L. Chavez

REGION 12 CENTRAL EASTERN MINDANAO REGIONAL OFFICE (CEMRO) Cotabato City Tel. No.: (064) 527-2970 / 421-2970 Regional Director - Dir. II

Silvino Cinches Ex-O - Inv. Agent V Tim-Timoteo Jr. Rejano

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Appendix D
SARANGANI DISTRICT OFFICE (SARDO) General Santos City Tel. No.: (083) 508-2255 Agent In Charge - Inv. Agent VI REGION 13 CARAGA REGIONAL OFFICE (CARAGA) Butuan City Tel. No.: (085) 815-1005 Acting Regional Director - Dir. I Manuel A. Almendares Ex-O - Dir. I Reynaldo Esmeralda Boye P. Mama Ex-O - Special Investigator Dominic S. Cerro

166

Appendix D
vii. National Prosecution Service National Capital Region (NCR) City / Provincial Prosecutors MANILA Tel. No. 527-5001 Ramon R. Garcia City Prosecutor QUEZON CITY Tel. No. 924-3877; 924-3880 Claro A. Arellano City Prosecutor PASAY CITY Tel. No. 551-0372; 551-0649 Francisco R. Beron City Prosecutor CALOOCAN CITY Tel. No. 631-1366; 353-1486 Ramon E. Rodrigo City Prosecutor PASIG CITY Tel. No. 635-2412; 635-2413 Jacinto G. Ang City Prosecutor RIZAL Tel No. 631-4168; 631-9124 Gregorio A. Arizala Provincial Prosecutor MAKATI CITY Tel. No. 899-5668; 895-0401 loc. 526; 528 Feliciano A. Aspi City Prosecutor MANDALUYONG CITY Tel. Nos. 523-2416; 534-1665; 534-1764 Rodil V. Zalameda City Prosecutor MUNTINLUPA CITY Tel. No. 543-0869 Edward M. Togonon City Prosecutor PARAAQUE CITY Tel. No. 826-8131 Joaquin T. Escobar City Prosecutor LAS PIAS CITY Tel. No. 806-3946; 871-438 Olma Ma. Luisa LL. Inocentes City Prosecutor MARIKINA CITY Tel. No. 646-2348; 646-0439 Loreto L. Acejo City Prosecutor MALABON CITY Tel. No. 288-2886 Jorge Catalan City Prosecutor VALENZUELA CITY Tel. Nos. 292-9160; 292-0211 loc. 234 Eugenio Ensigne City Prosecutor

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viii.

Regional State Prosecutors REGION XII SOCSARGEN CITY Telefax No. (063) 520-354 Maranao Danganan REGION XIII BUTUAN CITY Tel. No. (085) 342-57547; 225-443 Horacio C. Gonzaga ARMM MARAWI CITY Tel. No. (063) 352-0256 Abubakar C. Barambangan

REGION I SAN FERNANDO, LA UNION Tel. No. (072) 700-3599 Nonatus Ceasar R. Roxas REGION II TUGUEGARAO, CAGAYAN Tel. No. (078) 844-1221 Telefax (078) 844-3786; 846-8210 Rommel C. Baligod REGION III SAN FERNANDO, PAMPANGA Telefax No. (0455) 961-6025; 963-6817 Jesus C. Simulban REGION IV SAN PABLO CITY Tel. No. (049) 562-8123 Ernesto C. Mendoza REGION V LEGASPI CITY Tel. No. (052) 214-3104 Mary May de Leoz REGION VI ILOILO CITY Tel. No. (033) 337-4809; 335-0796 Domingo Laurea Jr. REGION VII CEBU CITY Tel. No. (032) 253-4877; 254-0465 Fernando K. Gubalane REGION VIII TACLOBAN CITY Tel. No. (053) 321-2882; 325-6780 Francisco Q. Aurillo, Jr. REGION IX ZAMBOANGA CITY Telefax No. (062) 991-0794 Wilfredo M. Yu REGION X CAGAYAN DE ORO CITY Tel. No. (088) 857-5585 Jaime L. Umpa REGION XI DAVAO CITY Tel. No. (082) 296-0027 Antonio B. Arellano

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E. LIST OF INTERNATIONAL TRAFFICKING, SLAVERY AND CHILD SPECIFIC INSTRUMENTS


International Trafficking and Slavery Instruments
The 1910 International Convention for the Suppression of the White Slave Traffic and Protocol The 1921 International Convention for the Suppression of the Traffic in Women and Children The 1926 Slavery Convention Protocol Amending the Slavery Convention The 1930 ILO Convention concerning Forced or Compulsory Labour The 1933 International Convention for the Suppression of the Traffic in Women of Full Age The 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others (the 1949 Convention) The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (the Trafficking Protocol) The 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery The 1957 ILO Convention concerning the Abolition of Forced Labour The Recommended Principles and Guidelines on Human rights and Human Trafficking (the Recommended Principles and Guidelines) The Bangkok Accord and Plan of Action to Combat Trafficking in Women (the Bangkok Accord) The Asian Regional Initiative against Trafficking in Persons, especially Women and Children (ARIAT) Regional Action Plan (the ARIAT Regional Action Plan) The ASEM Action Plan to Combat Trafficking in Persons, Especially Women and Children (the ASEM Action Plan) The SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution (the SAARC Convention) The Co-Chairs Statement from the Bali Ministerial Conference on People Smuggling, Trafficking in Persons and Related Transnational Crime (the Bali Conference Co-Chairs Statement) The Convention on the Rights of the Child (the CRC) The Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography (the CRC Optional Protocol) ILO Minimum Wage for Admission to Employment Convention No. 138 ILO Worst Forms of Child Labor Convention No. 182 ILO Worst Forms of Child Labor Recommendation No. 190 Programme of Action for the Prevention of the Sale of Children, Child Prostitution and Child Pornography Programme of Action for the Elimination of the Exploitation of Child Labor The SAARC Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia

Child Specific Instruments


Compiled from: Combating Human Trafficking in Asia: A Resource Guide to International and Regional Legal Instruments, Political Commitments and Recommended Practices, United Nations Publication 2003 and Toolkit to Combat Trafficking in Persons, United Nations Office on Drugs on Crime, Global Programme Against Trafficking in Human beings, United Nations New York 2006.

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F. RELATED DOMESTIC LAWS


This appendix lists the related domestic laws to R.A. 9208, some of which are under the Revised Penal Code and some of which are special laws. As a matter of strategy, it may at times be advisable to cite as many violations as possible and allow the judge decide which cases to dismiss or consolidate. i. The Revised Penal Code

Art. 201. Immoral doctrines, obscene publications and exhibitions and indecent shows . The penalty of prision mayor or a fine ranging from six thousand to twelve thousand pesos, or both such imprisonment and fine, shall be imposed upon: (1) Those who shall publicly expound or proclaim doctrines openly contrary to public morals; (2) (a) the authors of obscene literature, published with their knowledge in any form; the editors publishing such literature; and the owners/operators of the establishment selling the same; (b) Those who, in theaters, fairs, cinematographs or any other place, exhibit, indecent or immoral plays, scenes, acts or shows, whether live or in film, which are prescribed by virtue hereof, shall include those which (1) glorify criminals or condone crimes; (2) serve no other purpose but to satisfy the market for violence, lust or pornography; (3) offend any race or religion; (4) tend to abet traffic in and use of prohibited drugs; and (5) are contrary to law, public order, morals, and good customs, established policies, lawful orders, decrees and edicts; (3) Those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are offensive to morals. (As amended by PD Nos. 960 and 969). Art. 267. Kidnapping and serious illegal detention. Any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death: 1. If the kidnapping or detention shall have lasted more than five days. 2. If it shall have been committed simulating public authority. 3. If any serious physical injuries shall have been inflicted upon the person kidnapped or detained; or if threats to kill him shall have been made. 4. If the person kidnapped or detained shall be a minor, female or a public officer. The penalty shall be death where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances above-mentioned were present in the commission of the offense. Art. 271. Inducing a minor to abandon his home. The penalty of prision correccional and a fine not exceeding seven hundred pesos shall be imposed upon anyone who shall induce a minor to abandon the home of his parent or guardians or the persons entrusted with his custody. If the person committing any of the crimes covered by the two preceding articles shall be the father or the mother of the minor, the penalty shall be arresto mayor or a fine not exceeding three hundred pesos, or both. Art. 272. Slavery. The penalty of prision mayor and a fine of not exceeding 10,000 pesos shall be imposed upon anyone who shall purchase, sell, kidnap or detain a human being for the purpose of enslaving him. If the crime be committed for the purpose of assigning the offended party to some immoral traffic, the penalty shall be imposed in its maximum period. Art. 273. Exploitation of child labor. The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon anyone who, under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of a minor, shall, against the latter's will, retain him in his service. Art. 274. Services rendered under compulsion in payment of debt. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any person who, in order to require or enforce the payment of a debt, shall compel the debtor to work for him, against his will, as household servant or farm laborer.

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Art. 226. Removal, concealment or destruction of documents. Any public officer who shall remove, destroy or conceal documents or papers officially entrusted to him, shall suffer: 1. The penalty of prision mayor and a fine not exceeding 1,000 pesos, whenever serious damage shall have been caused thereby to a third party or to the public interest. 2. The penalty of prision correccional in its minimum and medium period and a fine not exceeding 1,000 pesos, whenever the damage to a third party or to the public interest shall not have been serious. In either case, the additional penalty of temporary special disqualification in its maximum period to perpetual disqualification shall be imposed. Art. 340. Corruption of minors. Any person who shall promote or facilitate the prostitution or corruption of persons underage to satisfy the lust of another, shall be punished by prision mayor, and if the culprit is a pubic officer or employee, including those in government-owned or controlled corporations, he shall also suffer the penalty of temporary absolute disqualification. (As amended by Batas Pambansa Blg. 92). Art. 341. White slave trade. Art. 202. Vagrants and prostitutes; penalty. The penalty of prision mayor in its medium and maximum period shall be imposed upon any person who, in any manner, or under any pretext, shall engage in the business or shall profit by prostitution or shall enlist the services of any other for the purpose of prostitution (As amended by Batas Pambansa Blg. 186.) The following are vagrants: 1. Any person having no apparent means of subsistence, who has the physical ability to work and who neglects to apply himself or herself to some lawful calling; 2. Any person found loitering about public or semi-public buildings or places or trampling or wandering about the country or the streets without visible means of support; 3. Any idle or dissolute person who ledges in houses of ill fame; ruffians or pimps and those who habitually associate with prostitutes; 4. Any person who, not being included in the provisions of other articles of this Code, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose; 5. Prostitutes. For the purposes of this article, women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct, are deemed to be prostitutes. Any person found guilty of any of the offenses covered by this articles shall be punished by arresto menor or a fine not exceeding 200 pesos, and in case of recidivism, by arresto mayor in its medium period to prision correccional in its minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court.

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ii. Republic Act No. 7610 Special Protection of Children Against Abuse, Exploitation and Discrimination Act

ARTICLE I Title, Policy, Principles and Definitions of Terms Sec. 1. Title. - This Act shall be known as the "Special Protection of Children Against Abuse, Exploitation and Discrimination Act." Sec. 2. Declaration of State Policy and Principles. - It is hereby declared to be the policy of the State to provide special protection to children from all forms of abuse, neglect, cruelty exploitation and discrimination and other conditions, prejudicial to their development; provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination. The State shall intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of the child fails or is unable to protect the child against abuse, exploitation and discrimination or when such acts against the child are committed by the said parent, guardian, teacher or person having care and custody of the same. It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstances which affect or will affect their survival and normal development and over which they have no control. The best interests of children shall be the paramount consideration in all actions concerning them, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle of First Call for Children as enunciated in the United Nations Convention of the Rights of the Child. Every effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life. Sec. 3. Definition of Terms. (a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition; (b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the following: (1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment; (2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; (3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or (4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death. (c) "Circumstances which gravely threaten or endanger the survival and normal development of children" include, but are not limited to, the following; (1) Being in a community where there is armed conflict or being affected by armed conflictrelated activities; (2) Working under conditions hazardous to life, safety and normal which unduly interfere with their normal development; (3) Living in or fending for themselves in the streets of urban or rural areas without the care of parents or a guardian or basic services needed for a good quality of life; (4) Being a member of a indigenous cultural community and/or living under conditions of extreme poverty or in an area which is underdeveloped and/or lacks or has inadequate access to basic services needed for a good quality of life; (5) Being a victim of a man-made or natural disaster or calamity; or (6) Circumstances analogous to those abovestated which endanger the life, safety or normal development of children. (d) "Comprehensive program against child abuse, exploitation and discrimination" refers to the coordinated program of services and facilities to protected children against: (1) Child Prostitution and other sexual abuse; (2) Child trafficking; (3) Obscene publications and indecent shows; (4) Other acts of abuses; and

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(5) Circumstances which threaten or endanger the survival and normal development of children. ARTICLE II Program on Child Abuse, Exploitation and Discrimination Sec. 4. Formulation of the Program. - There shall be a comprehensive program to be formulated, by the Department of Justice and the Department of Social Welfare and Development in coordination with other government agencies and private sector concerned, within one (1) year from the effectivity of this Act, to protect children against child prostitution and other sexual abuse; child trafficking, obscene publications and indecent shows; other acts of abuse; and circumstances which endanger child survival and normal development. ARTICLE III Child Prostitution and Other Sexual Abuse Sec. 5. Child Prostitution and Other Sexual Abuse. - Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse. The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following: (a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following: (1) Acting as a procurer of a child prostitute; (2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means; (3) Taking advantage of influence or relationship to procure a child as prostitute; (4) Threatening or using violence towards a child to engage him as a prostitute; or (5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution. (b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse; Provided, That when the victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period; and (c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment. Sec. 6. Attempt To Commit Child Prostitution. - There is an attempt to commit child prostitution under Section 5, paragraph (a) hereof when any person who, not being a relative of a child, is found alone with the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse. There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments. A penalty lower by two (2) degrees than that prescribed for the consummated felony under Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime of child prostitution under this Act, or, in the proper case, under the Revised Penal Code. ARTICLE IV Child Trafficking Sec. 7. Child Trafficking. - Any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age.

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Sec. 8. Attempt to Commit Child Trafficking. - There is an attempt to commit child trafficking under Section 7 of this Act. (a) When a child travels alone to a foreign country without valid reason therefor and without clearance issued by the Department of Social Welfare and Development or written permit or justification from the child's parents or legal guardian; (c) When a person, agency, establishment or child-caring institution recruits women or couples to bear children for the purpose of child trafficking; or (d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other person simulates birth for the purpose of child trafficking; or (e) When a person engages in the act of finding children among low-income families, hospitals, clinics, nurseries, day-care centers, or other child-during institutions who can be offered for the purpose of child trafficking. A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7 hereof shall be imposed upon the principals of the attempt to commit child trafficking under this Act. ARTICLE V Obscene Publications and Indecent Shows Sec. 9. Obscene Publications and Indecent Shows. - Any person who shall hire, employ, use, persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video, or model in obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty of prision mayor in its medium period. If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall be imposed in its maximum period. Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or allow such child to be employed or to participate in an obscene play, scene, act, movie or show or in any other acts covered by this section shall suffer the penalty of prision mayor in its medium period. ARTICLE VI Other Acts of Abuse Sec. 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's Development. (a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible for other conditions prejudicial to the child's development including those covered by Article 59 of Presidential Decree No. 603, as amended, but not covered by the Revised Penal Code, as amended, shall suffer the penalty of prision mayor in its minimum period. (b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided, That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty. (c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have in his company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor in its medium period and a fine of not less than Forty thousand pesos (P40,000); Provided, however, That should the perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be prision mayor in its maximum period, a fine of not less than Fifty thousand pesos (P50,000), and the loss of parental authority over the minor. (d) Any person, owner, manager or one entrusted with the operation of any public or private place of accommodation, whether for occupancy, food, drink or otherwise, including residential places, who allows any person to take along with him to such place or places any minor herein described shall be imposed a penalty of prision mayor in its medium period and a fine of not less than Fifty thousand pesos (P50,000), and the loss of the license to operate such a place or establishment. (e) Any person who shall use, coerce, force or intimidate a street child or any other child to; (1) Beg or use begging as a means of living; (2) Act as conduit or middlemen in drug trafficking or pushing; or

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(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium period to reclusion perpetua. For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of murder, homicide, other intentional mutilation, and serious physical injuries, respectively, shall be reclusion perpetua when the victim is under twelve (12) years of age. The penalty for the commission of acts punishable under Article 337, 339, 340 and 341 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of qualified seduction, acts of lasciviousness with the consent of the offended party, corruption of minors, and white slave trade, respectively, shall be one (1) degree higher than that imposed by law when the victim is under twelve (12) years age. The victim of the acts committed under this section shall be entrusted to the care of the Department of Social Welfare and Development. ARTICLE VII Sanctions for Establishments or Enterprises Sec. 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct Activities

Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene Publications and Indecent Shows, and Other Acts of Abuse. - All establishments and enterprises which promote or facilitate

child prostitution and other sexual abuse, child trafficking, obscene publications and indecent shows, and other acts of abuse shall be immediately closed and their authority or license to operate cancelled, without prejudice to the owner or manager thereof being prosecuted under this Act and/or the Revised Penal Code, as amended, or special laws. A sign with the words "off limits" shall be conspicuously displayed outside the establishments or enterprises by the Department of Social Welfare and Development for such period which shall not be less than one (1) year, as the Department may determine. The unauthorized removal of such sign shall be punishable by prision correccional. An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse, child trafficking, obscene publications and indecent shows, and other acts of abuse if the acts constituting the same occur in the premises of said establishment under this Act or in violation of the Revised Penal Code, as amended. An enterprise such as a sauna, travel agency, or recruitment agency which: promotes the aforementioned acts as part of a tour for foreign tourists; exhibits children in a lewd or indecent show; provides child masseurs for adults of the same or opposite sex and said services include any lascivious conduct with the customers; or solicits children or activities constituting the aforementioned acts shall be deemed to have committed the acts penalized herein. ARTICLE VIII Working Children Sec. 12. Employment of Children. - Children below fifteen (15) years of age may be employed except: (1) When a child works directly under the sole responsibility of his parents or legal guardian and where only members of the employer's family are employed: Provided, however, That his employment neither endangers his life, safety and health and morals, nor impairs his normal development: Provided, further, That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or secondary education; or (2) When a child's employment or participation in public & entertainment or information through cinema, theater, radio or television is essential: Provided, The employment contract concluded by the child's parent or guardian, with the express agreement of the child concerned, if possible, and the approval of the Department of Labor and Employment: Provided, That the following requirements in all instances are strictly complied with: (a) The employer shall ensure the protection, health, safety and morals of the child; (b) the employer shall institute measures to prevent the child's exploitation or discrimination taking into account the system and level of remuneration, and the duration and arrangement of working time; and; (c) The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skill acquisition of the child. In the above exceptional cases where any such child may be employed, the employer shall first secure, before engaging such child, a work permit from the Department of Labor and Employment which shall ensure observance of the above requirement.

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The Department of Labor Employment shall promulgate rules and regulations necessary for the effective implementation of this Section. Sec. 13. Non-formal Education for Working Children. - The Department of Education, Culture and Sports shall promulgate a course design under its non-formal education program aimed at promoting the intellectual, moral and vocational efficiency of working children who have not undergone or finished elementary or secondary education. Such course design shall integrate the learning process deemed most effective under given circumstances. Sec. 14. Prohibition on the Employment of Children in Certain Advertisements. - No person shall employ child models in all commercials or advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts and violence. Sec. 15. Duty of Employer. - Every employer shall comply with the duties provided for in Articles 108 and 109 of Presidential Decree No. 603. Sec. 16. Penalties. - Any person who shall violate any provision of this Article shall suffer the penalty of a fine of not less than One thousand pesos (P1,000) but not more than Ten thousand pesos (P10,000) or imprisonment of not less than three (3) months but not more than three (3) years, or both at the discretion of the court; Provided, That, in case of repeated violations of the provisions of this Article, the offender's license to operate shall be revoked. ARTICLE IX Children of Indigenous Cultural Communities Sec. 17. Survival, Protection and Development. - In addition to the rights guaranteed to children under this Act and other existing laws, children of indigenous cultural communities shall be entitled to protection, survival and development consistent with the customs and traditions of their respective communities. Sec. 18. System of and Access to Education. - The Department of Education, Culture and Sports shall develop and institute an alternative system of education for children of indigenous cultural communities which culture-specific and relevant to the needs of and the existing situation in their communities. The Department of Education, Culture and Sports shall also accredit and support non-formal but functional indigenous educational programs conducted by non-government organizations in said communities. Sec. 19. Health and Nutrition. - The delivery of basic social services in health and nutrition to children of indigenous cultural communities shall be given priority by all government agencies concerned. Hospitals and other health institution shall ensure that children of indigenous cultural communities are given equal attention. In the provision of health and nutrition services to children of indigenous cultural communities, indigenous health practices shall be respected and recognized. Sec. 20. Discrimination. - Children of indigenous cultural communities shall not be subjected to any and all forms of discrimination. Any person who discriminate against children of indigenous cultural communities shall suffer a penalty of arresto mayor in its maximum period and a fine of not less than Five thousand pesos (P5,000) more than Ten thousand pesos (P10,000). Sec. 21. Participation. - Indigenous cultural communities, through their duly-designated or appointed representatives shall be involved in planning, decision-making implementation, and evaluation of all government programs affecting children of indigenous cultural communities. Indigenous institution shall also be recognized and respected. ARTICLE X Children in Situations of Armed Conflict Sec. 22. Children as Zones of Peace. - Children are hereby declared as Zones of Peace. It shall be the responsibility of the State and all other sectors concerned to resolve armed conflicts in order to promote the goal of children as zones of peace. To attain this objective, the following policies shall be observed. (a) Children shall not be the object of attack and shall be entitled to special respect. They shall be protected from any form of threat, assault, torture or other cruel, inhumane or degrading treatment; (b) Children shall not be recruited to become members of the Armed Forces of the Philippines of its civilian units or other armed groups, nor be allowed to take part in the fighting, or used as guides, couriers, or spies; (c) Delivery of basic social services such as education, primary health and emergency relief services shall be kept unhampered;

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(d) The safety and protection of those who provide services including those involved in fact-finding missions from both government and non-government institutions shall be ensured. They shall not be subjected to undue harassment in the performance of their work; (e) Public infrastructure such as schools, hospitals and rural health units shall not be utilized for military purposes such as command posts, barracks, detachments, and supply depots; and (f) All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to armed conflict. Sec. 23. Evacuation of Children During Armed Conflict. - Children shall be given priority during evacuation as a result of armed conflict. Existing community organizations shall be tapped to look after the safety and well-being of children during evacuation operations. Measures shall be taken to ensure that children evacuated are accompanied by persons responsible for their safety and well-being. Sec. 24. Family Life and Temporary Shelter. - Whenever possible, members of the same family shall be housed in the same premises and given separate accommodation from other evacuees and provided with facilities to lead a normal family life. In places of temporary shelter, expectant and nursing mothers and children shall be given additional food in proportion to their physiological needs. Whenever feasible, children shall be given opportunities for physical exercise, sports and outdoor games. Sec. 25. Rights of Children Arrested for Reasons Related to Armed Conflict. - Any child who has been arrested for reasons related to armed conflict, either as combatant, courier, guide or spy is entitled to the following rights; (a) Separate detention from adults except where families are accommodated as family units; (b) Immediate free legal assistance; (c) Immediate notice of such arrest to the parents or guardians of the child; and (d) Release of the child on recognizance within twenty-four (24) hours to the custody of the Department of Social Welfare and Development or any responsible member of the community as determined by the court. If after hearing the evidence in the proper proceedings the court should find that the aforesaid child committed the acts charged against him, the court shall determine the imposable penalty, including any civil liability chargeable against him. However, instead of pronouncing judgment of conviction, the court shall suspend all further proceedings and shall commit such child to the custody or care of the Department of Social Welfare and Development or to any training institution operated by the Government, or duly-licensed agencies or any other responsible person, until he has had reached eighteen (18) years of age or, for a shorter period as the court may deem proper, after considering the reports and recommendations of the Department of Social Welfare and Development or the agency or responsible individual under whose care he has been committed. The aforesaid child shall subject to visitation and supervision by a representative of the Department of Social Welfare and Development or any duly-licensed agency or such other officer as the court may designate subject to such conditions as it may prescribe. The aforesaid child whose sentence is suspended can appeal from the order of the court in the same manner as appeals in criminal cases. Sec. 26. Monitoring and Reporting of Children in Situations of Armed Conflict. - The chairman of the barangay affected by the armed conflict shall submit the names of children residing in said barangay to the municipal social welfare and development officer within twenty-four (24) hours from the occurrence of the armed conflict. ARTICLE XI Remedial Procedures Sec. 27. Who May File a Complaint. - Complaints on cases of unlawful acts committed against the children as enumerated herein may be filed by the following: (a) Offended party; (b) Parents or guardians; (c) Ascendant or collateral relative within the third degree of consanguinity; (d) Officer, social worker or representative of a licensed child-caring institution; (e) Officer or social worker of the Department of Social Welfare and Development; (f) Barangay chairman; or (g) At least three (3) concerned responsible citizens where the violation occurred. Sec. 28. Protective Custody of the Child. - The offended party shall be immediately placed under the protective custody of the Department of Social Welfare and Development pursuant to Executive Order No. 56, series of 1986. In the regular performance of this function, the officer of the Department of Social Welfare

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and Development shall be free from any administrative, civil or criminal liability. Custody proceedings shall be in accordance with the provisions of Presidential Decree No. 603. Sec. 29. Confidentiality. - At the instance of the offended party, his name may be withheld from the public until the court acquires jurisdiction over the case. 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 broadcasting, producer and director of the film in case of the movie industry, to cause undue and sensationalized publicity of any case of violation of this Act which results in the moral degradation and suffering of the offended party. Sec. 30. Special Court Proceedings. - Cases involving violations of this Act shall be heard in the chambers of the judge of the Regional Trial Court duly designated as Juvenile and Domestic Court. Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus, election cases, and cases involving detention prisoners and persons covered by Republic Act No. 4908, all courts shall give preference to the hearing or disposition of cases involving violations of this Act. ARTICLE XII Common Penal Provisions Sec. 31. Common Penal Provisions. (a) The penalty provided under this Act shall be imposed in its maximum period if the offender has been previously convicted under this Act; (b) When the offender is a corporation, partnership or association, the officer or employee thereof who is responsible for the violation of this Act shall suffer the penalty imposed in its maximum period; (c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is an ascendant, parent guardian, stepparent or collateral relative within the second degree of consanguinity or affinity, or a manager or owner of an establishment which has no license to operate or its license has expired or has been revoked; (d) When the offender is a foreigner, he shall be deported immediately after service of sentence and forever barred from entry to the country; (e) The penalty provided for in this Act shall be imposed in its maximum period if the offender is a public officer or employee: Provided, however, That if the penalty imposed is reclusion perpetua or reclusion temporal, then the penalty of perpetual or temporary absolute disqualification shall also be imposed: Provided, finally, That if the penalty imposed is prision correccional or arresto mayor, the penalty of suspension shall also be imposed; and (f) A fine to be determined by the court shall be imposed and administered as a cash fund by the Department of Social Welfare and Development and disbursed for the rehabilitation of each child victim, or any immediate member of his family if the latter is the perpetrator of the offense. ARTICLE XIII Final Provisions Sec. 32. Rules and Regulations. - Unless otherwise provided in this Act, the Department of Justice, in coordination with the Department of Social Welfare and Development, shall promulgate rules and regulations of the effective implementation of this Act. Such rules and regulations shall take effect upon their publication in two (2) national newspapers of general circulation. Sec. 33. Appropriations. - The amount necessary to carry out the provisions of this Act is hereby authorized to be appropriated in the General Appropriations Act of the year following its enactment into law and thereafter. Sec. 34. Separability Clause. - If any provision of this Act is declared invalid or unconstitutional, the remaining provisions not affected thereby shall continue in full force and effect. Sec. 35. Repealing Clause. - All laws, decrees, or rules inconsistent with the provisions of this Acts are hereby repealed or modified accordingly. Sec. 36. Effectivity Clause. - This Act shall take effect upon completion of its publication in at least two (2) national newspapers of general circulation.

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iii. Republic Act No. 9231- Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act

Sec. 1. Section 2 of Republic Act No. 7610, as amended, otherwise known as the "Special Protection of children Against Child Abuse, Exploitation and Discrimination Act", is hereby amended to read as follows: "SEC. 2. Declaration of State Policy and Principles. It is hereby declared to be the policy of the State to provide special protection to children from all forms of abuse, neglect, cruelty, exploitation and discrimination, and other conditions prejudicial to their development including child labor and its worst forms; provide for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination. The State shall intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of the child fails or is unable to protect the child against abuse, exploitation and discrimination or when such acts against the child are committed by the said parent, guardian, teacher or person having care and custody of the same. "It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstances which affect or will affect their survival and normal development and over which they have no control. "The best interests of children shall be the paramount consideration in all actions concerning them, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle of First Call for Children as enunciate in the United Nations Convention on the Rights of the Child. Every effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life." Sec. 2. Section 12 of the same Act, as amended, is hereby further amended to read as follows: "SEC. 12. Employment of Children. Children below fifteen (15) years of age shall not be employed except: "1) When a child works directly under the sole responsibility of his/her parents or legal guardian and where only members of his/her family are employed: Provided, however, That his/her employment neither endangers his/her life, safety, health, and morals, nor impairs his/her normal development: Provided, further, That the parent or legal guardian shall provide the said child with the prescribed primary and/or secondary education; or "2) Where a childs employment or participation in public entertainment or information through cinema, theater, radio, television or other forms of media is essential: Provided, That the Employment contract is concluded by the childs parents or legal guardian, with the express agreement of the child concerned, if possible, and the approval of the Department of Labor and Employment: Provided, further, That the following requirements in all instances are strictly complied with: "(a) The employer shall ensure the protection, health, safety, morals and normal development of the child: "(b) The employer shall institute measures to prevent the childs exploitation or discrimination taking into account the system and level of remuneration, and the duration and arrangement of working time; and "(c) The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skills acquisitions of the child. "In the above-exceptional cases where any such child may be employed, the employer shall first secure, before engaging such child, a work permit from the Department of Labor and Employment which shall ensure observance of the above requirements. "For purposes of this Article, the term "child" shall apply to all persons under eighteen (18) years of age." Sec. 3. The same Act, as amended, is hereby further amended by adding new sections to be denominated as Sections 12-A, 12-B, 12-C, and 12-D to read as follows: "SEC. 12-A. Hours of Work of a Working Child. Under the exceptions provided in Section 12 of this Act, as amended: "(1) A child below fifteen (15) years of age may be allowed to work for not more than twenty (20) hours a week: Provided, That the work shall not be more than four (4) hours at any given day; "(2) A child fifteen (15) years of age but below eighteen (18) shall not be allowed to work for more than eight (8) hours a day, and in no case beyond forty (40) hours a week: "(3) No child below fifteen (15) years of age shall be allowed to work between eight oclock I the evening and sic oclock in the morning of the following day and no child fifteen (15) years of age but below eighteen (18) shall be allowed to work between ten oclock in the evening and six oclock in the morning of the following day." SEC. 12-B. Ownership, Usage and administration the Working Childs Income. The wages, salaries, earnings and other income of the working child shall belong to him/her in ownership and shall be set aside primarily for his/her

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support, education or skills acquisition and secondarily to the collective needs of the family: Provided, That not more than twenty percent (20%) of the childs income may be used for the collective needs of the family. "The income of the working child and/or the property acquired through the work of the child shall be administered by both parents. In the absence or incapacity of either of the parents, the other parent shall administer the same. In case both parents are absent or incapacitated, the order preference on parental authority as provided for under the Family Code shall apply. "Sec. 12-C. Trust fund to Preserve Part of the Working Childs Income. The parent or legal guardian of a working child below eighteen (18) years of age shall set up a trust fund for at least thirty percent (30%) of the earnings of the child whose wages and salaries from work and other income amount to at least two hundred thousand pesos (P200,000.00) annually, for which he/she shall render a semi-annual accounting of the fund to the Department of Labor and Employment, in compliance with the provisions of this Act. The child shall have full control over the trust fund upon reaching the age of majority. "Sec. 12-D. Prohibition Against Worst Forms of Child Labor. No child shall be engaged in the worst forms of child labor. The phrase "worst forms of child labor" shall refer to any of the following: "(1) All forms of slavery, as defined under the "Anti-trafficking in Persons Act of 2003", or practices similar to slavery such as sale and trafficking of children, debt bondage and serfdom and forced or compulsory labor, including recruitment of children for use in armed conflict; or "(2) The use, procuring, offering or exposing of a child for prostitution, for the production of pornography or for pornographic performances; or "(3) The use, procuring or offering of a child for illegal or illicit activities, including the production and trafficking of dangerous drugs and volatile substances prohibited under existing laws; or "(4) Work which, by its nature or the circumstances in which it is carried out, is hazardous or likely to be harmful to the health, safety or morals of children, such that it: "a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a human being: or "b) Exposes the child to physical, emotional or sexual abuse, or is found to be highly stressful psychologically or may prejudice morals; or "c) Is performed underground, underwater or at dangerous heights; or "d) Involves the use of dangerous machinery, equipment and tools such as power-driven or explosive poweractuated tools; or "e) Exposes the child to physical danger such as, but not limited to the dangerous feats of balancing, physical strength or contortion, or which requires the manual transport of heavy loads; or "f) Is performed in an unhealthy environment exposing the child to hazardous working conditions, elements, substances, co-agents or processes involving ionizing, radiation, fire, flammable substances, noxious components and the like, or to extreme temperatures, noise levels, or vibrations; or "g) Is performed under particularly difficult conditions: or "h) Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans, nematodes and other parasites; or "I) Involves the manufacture or handling of explosives and other pyrotechnic products." Sec. 4. Section 13 of the same Act is hereby amended to read as follows: "SEC. 13. Access to Education and Training for Working Children "a) No child shall be deprived of formal or nonformal education. In all cases of employment allowed in this Act, the employer shall provide a working child with access to at least primary and secondary education. "b) To ensure and guarantee the access; of the working child to education and training, the Department of Education (DEPED) shall: (1) formulate, promulgate, and implement relevant and effective course designs and educational programs; (2) conduct the necessary training for the implementation of the appropriate curriculum for the purpose; (3) ensure the availability of the needed educational facilities and materials; and (4) conduct continuity research and development program for the necessary and relevant alternative education of the working child. "c) The DEPED shall promulgate a course design under its non-formal education program aimed at promoting the intellectual, moral and vocational efficiency to working children who have not undergone or finished elementary or secondary education. Such course design shall integrate the learning process deemed most effective under given circumstances." Sec. 5. Section 14 of the same Act is hereby amended to read as follows:

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"Sec.14. Prohibition on the Employment of Children in Certain Advertisements. No child shall be employed as a model in any advertisement directly or indirectly promoting alcoholic beverage, intoxicating drinks, tobacco and its byproducts, gambling or any for of violence or pornography." Sec. 6. Section of the same Act, is hereby amended to read as follows: "SEC. 16. Penal Provisions "a) Any employer who violates Sections 12, 12-A, and Section 14 of this Act, as amended, shall be penalized by imprisonment of six (6) months and one (1) day to six (6) years or a fine of not less than Fifty thousand pesos (P50,000.00) but not more than Three hundred thousand pesos (P300,000.00) or both at the discretion of the court. "b) Any person who violates the provision of Section 12-D of this Act or the employer of the subcontractor who employs, or the one who facilitates the employment of a child in hazardous work, shall suffer the penalty of a fine of not less that One hundred thousand pesos (P100,000.00) but not more than One million pesos (P1,000,000.00), or imprisonment of not less than twelve (12) years and one (1) day to twenty (20) years, or both such fine and imprisonment at the discretion of the court. "c) Any person who violates Section 12-D (1) and 12-D(2) shall be prosecuted and penalized in accordance with the penalty provided for by R.A. 9208 otherwise known as the "Anti-trafficking in Persons Act 2003": Provided, That such penalty shall be imposed in its maximum period. "d) Any person who violates Section 12_D (3) shall be prosecuted and penalized in accordance with R.A. 9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002": Provided, That such penalty shall be imposed in its maximum period. "e) If a corporation commits any of the violations aforecited, the board of directors/trustees and officers, which include the president, treasurer and secretary of the said corporation who participated in or knowingly allowed the violation, shall be penalized accordingly as provided for under this Section. "f) Parents, biological or by legal fiction, and legal guardians found to be violating Sections 12, 12-A, 12-B and thousand pesos (P10,000.00) but not more than One hundred thousand pesos (P100,000.00), or be required to render community service for not less than thirty (30) days but not more than one (1) year, or both such fine and community service at the discretion of the court: Provided, That the maximum length of community service shall be imposed on parents or legal guardians who have violated the provisions of this Act three (3) times: Provided further, That in addition to the community service, the penalty of imprisonment of thirty (30) days but not more than one (1) year or both at the discretion of the court, shall be imposed on the parents or legal guardians who have violated the provisions of this Act more than three (3) times. "g) The Secretary of Labor and Employment or his/her duly authorized representative may, after due notice and hearing, order the closure of any business firm or establishment found to have violated any of the provisions of this Act more than three (3) times. He/she shall likewise order the immediate closure of such firm or establishment if: "(1) The violation of any provision of this Act has resulted in the death, insanity or serious physical injury of a child employed in such establishment; or "(2) Such firm or establishment is engaged or employed in prostitution or in obscene or lewd shows. "h) I case of such closure, the employer shall be required to pay the employee(s) the separation pay and other monetary benefits provided for by law." Sec. 7. The same Act is hereby further amended by adding a new section to be denominated as Section 16-A, to read as follows: "SEC. 16-A. Trust Fund from Fines and Penalties The fine imposed by the court shall be treated as a Trust Fund, administered by the Department of Labor and Employment and disbursed exclusively for the needs, including the costs of rehabilitation and reintegration into the mainstream of society of the working children who are victims of the violations of this Act, and for the programs and projects that will prevent acts of child labor." Sec. 8. Section 27 of the same Act is hereby amended to read as follows: "SEC. 27. Who May File a Complaint Complaints on cases of unlawful acts committed against children as enumerated herein may be filed by the following: "(a) Offended party; "(b) Parents or guardians; " Ascendant or collateral relative within the third degree of consanguinity; "(d) Officer, social worker or representative of a licensed child-caring institution;

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"(e) Officer or social worker of the Department of Social Welfare and Development; "(f) Barangay chairman of the place where the violation occurred, where the child is residing or employed; or "(g) At least three (3) concerned, responsible citizens where the violation occurred." Sec. 9. The same Act is hereby further amended by adding new sections to Section 16 to be denominated as Sections 16-A, 16-B and 16-C to read as follows: "SEC. 16-A. Jurisdiction The family court shall have original jurisdiction over all cases involving offenses punishable under this Act: Provided. That in cities or provinces where there are no family courts yet, the regional trial courts and the municipal trial courts shall have concurrent jurisdiction depending on the penalties prescribed for the offense charged. "The preliminary investigation of cases filed under this Act shall be terminated within a period of thirty (30) days from the date of filing. "If the preliminary investigation establishes a prima facie case, then the corresponding information shall be filed in court within forty eight (48) hours from the termination of the investigation. "Trial of cases under this Act shall be terminated by the court not later than ninety (90) days from the date of filing of information. Decision on said cases shall be rendered within a period of fifteen (15) days from the date of submission of the case. "SEC. 16-B. Exemptions from Filing Fees. When the victim of child labor institutes a separate civil action for the recovery of civil damages, h/she shall be exempt from payment of filing fees. "SEC. 16-C. Access to Immediate Legal, Medical and Psycho-Social Services . The working child shall have the right to free legal, medical and psycho-social services to be provided by the State." Sec. 10. Implementing Rules and Regulations The Secretary of Labor and Employment, in coordination with the Committees on Labor and Employment of both Houses of Congress, shall issue the necessary implementing Rules and Regulations (IRR) to effectively implement the provisions of this Act, in consultation with concerned public and private sectors, within sixty (60) days from the effectivity of this Act. Such rules and regulations shall take effect upon their publication in two (2) national newspapers of general circulation. Sec. 11. Separability Clause. If any provision of this Act is declared invalid or unconstitutional, the validity of the remaining provisions hereof shall remain in full force and effect. Sec. 12. Repealing Clause. All laws, decrees, or rules inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Sec. 13. Effectivity. This shall take effect fifteen (15) days from the date of its complete publication in the Official Gazette or in at least two (2) national newspapers of general circulation.

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iv. Republic Act No. 8353 The Anti-Rape Law of 1997

Sec. 1. Short Title.- This Act shall be known as "The Anti-Rape Law of 1997." Sec. 2. Rape as a Crime Against Persons.- The crime of rape shall hereafter be classified as a Crime Against Persons under Title Eight of Act No. 3815, as amended, otherwise known as the Revised Penal Code. Accordingly, there shall be incorporated into Title Eight of the same Code a new chapter to be known as Chapter Three on Rape, to read as follows: "Chapter Three" "Rape" "Article 266-A. Rape: When and How Committed. Rape is committed -"1) By a man who have carnal knowledge of a woman under any of the following circumstances: "a) Through force, threat or intimidation; "b) When the offended party is deprived of reason or is otherwise unconscious: "c) By means of fraudulent machination or grave abuse of authority; and "d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. "2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person. "Article 266-B. Penalties. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua. "Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death. "When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion perpetua to death. "When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua to death. "When by reason or on the occasion of the rape, homicide is committed, the penalty shall be death. "The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances: "1) When the victim is under eighteen (18) years of age, and the offender is a parent, ascendant, stepparent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim; '2) When the victim is under the custody of the police or military authorities or any law enforcement or penal institution; "3) When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil degree of consanguinity; "4) When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime; "5) When the victim is a child below seven (7) years old; "6) When the offender knows that he is afflicted with Human Immune-Deficiency Virus (HIV) / Acquired Immune-Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim; "7) When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime;

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"8) When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability; "9) When the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and "10) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime. "Rape under paragraph 2 of the next preceding article shall be punished by prision mayor. "Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be prision mayor to reclusion temporal. "When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion temporal. "When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion temporal to reclusion perpetua. "When by reason or on the occasion of the rape, homicide is committed, the penalty shall be reclusion perpetua. "Reclusion temporal shall also be imposed if the rape is committed with any of the ten aggravating/qualifying circumstances mentioned in this article. "Article 266-C. Effect of Pardon.- The subsequent valid marriage between the offender and the offended party shall extinguish the criminal action or the penalty imposed. "In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or penalty; Provided, That the crime shall not be extinguished or the penalty shall not be abated if the marriage is void ab initio. "Article 266-D. Presumptions.- Any physical overt act manifesting resistance against the act of rape in any degree from the offended party, or where the offended party is so situated as to render he/him incapable of giving valid consent, may be accepted as evidence in the prosecution of the acts punished under Article 266-A." Sec. 3. Separability Clause.- If any part, sections or provision of this Act is declared invalid or unconstitutional, the other parts thereof not affected shall remain valid. Sec. 4. Repealing Clause.- Article 335 of Act No. 3815, as amended, and all laws, acts, presidential decrees, executive orders, administrative orders, rules and regulations inconsistent with or contrary to the provisions of this Act are deemed amended, modified or repealed accordingly. Sec. 5. Effectivity.- This Act shall take effect fifteen (15) days after completion of its publication in two (2) newspapers of general circulation.

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v. Republic Act No. 7659 Death Penalty Law

Sec. 1. Declaration of Policy. - It is hereby declared the policy of the State to foster and ensure not only obedience to its authority, but also to adopt such measures as would effectively promote the maintenance of peace and order, the protection of life, liberty and property, and the promotion of the general welfare which are essential for the enjoyment by all the people of the blessings of democracy in a just and humane society; Sec. 2. Article 114 of the Revised Penal Code, as amended, is hereby amended to read as follows: "Art. 114. Treason. - Any Filipino citizen who levies war against the Philippines or adheres to her enemies giving them aid or comfort within the Philippines or elsewhere, shall be punished by reclusion perpetua to death and shall pay a fine not to exceed 100,000 pesos." No person shall be convicted of treason unless on the testimony of two witnesses at least to the same overt act or on confession of the accused in open court. Likewise, an alien, residing in the Philippines, who commits acts of treason as defined in paragraph 1 of this Article shall be punished by reclusion temporal to death and shall pay a fine not to exceed 100,000 pesos." Sec. 3. Section Three, Chapter One, Title One of Book Two of the same Code is hereby amended to read as follows: "Section Three. - Piracy and mutiny on the high seas or in the Philippine waters Art. 122. Piracy in general and mutiny on the high seas or in Philippine waters. - The penalty of reclusion perpetua shall be inflicted upon any person who, on the high seas, or in Philippine waters, shall attack or seize a vessel or, not being a member of its complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its equipment or passengers. The same penalty shall be inflicted in case of mutiny on the high seas or in Philippine waters." Art. 123. Qualified piracy. - The penalty of reclusion perpetua to death shall be imposed upon those who commit any of the crimes referred to in the preceding article, under any of the following circumstances: 1. Whenever they have seized a vessel by boarding or firing upon the same; 2. Whenever the pirates have abandoned their victims without means of saving themselves or; 3. Whenever the crime is accompanied by murder, homicide, physical injuries or rape." Sec. 4. There shall be incorporated after Article 211 of the same Code a new article to read as follows: "Art. 211-A. Qualified Bribery. - If any public officer is entrusted with law enforcement and he refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and/or death in consideration of any offer, promise, gift or present, he shall suffer the penalty for the offense which was not prosecuted. If it is the public officer who asks or demands such gift or present, he shall suffer the penalty of death." Sec. 5. The penalty of death for parricide under Article 246 of the same Code is hereby restored, so that it shall read as follows: "Art. 246. Parricide. - Any person who shall kill his father, mother, or child, whether legitimate of illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua to death." Sec. 6. Article 248 of the same Code is hereby amended to read as follows: "Art. 248. Murder. - Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by reclusion perpetua, to death if committed with any of the following attendant circumstances: 1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity. 2. In consideration of a price, reward or promise.

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3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an airship, or by means of motor vehicles, or with the use of any other means involving great waste and ruin. 4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity. 5. With evident premeditation. 6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse." Sec. 7. Article 255 of the same Code is hereby amended to read as follows: "Art. 255. Infanticide. - The penalty provided for parricide in Article 246 and for murder in Article 248 shall be imposed upon any person who shall kill any child less than three days of age. If any crime penalized in this Article be committed by the mother of the child for the purpose of concealing her dishonor, she shall suffer the penalty of prision mayor in its medium and maximum periods, and if said crime be committed for the same purpose by the maternal grandparents or either of them, the penalty shall be reclusion temporal." Sec. 8. Article 267 of the same Code is hereby amended to read as follows: "Art. 267. Kidnapping and serious illegal detention. - Any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death: 1. If the kidnapping or detention shall have lasted more than three days. 2. If it shall have been committed simulating public authority. 3. If any serious physical injuries shall have been inflicted upon the person kidnapped or detained; or if threats to kill him shall have been made. 4. If the person kidnapped or detained shall be a minor, except when the accused is any of the parents, female or a public officer. The penalty shall be death penalty where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances abovementioned were present in the commission of the offense. When the victim is killed or dies as a consequence of the detention or is raped, or is subjected to torture or dehumanizing acts, the maximum penalty shall be imposed." Sec. 9. Article 294 of the same Code is hereby amended to read as follows: "Art. 294. Robbery with violence against or intimidation of persons - Penalties. - Any person guilty of robbery with the use of violence against or intimidation of any person shall suffer: 1. The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery, the crime of homicide shall have been committed, or when the robbery shall have been accompanied by rape or intentional mutilation or arson. 2. The penalty of reclusion temporal in its medium period to reclusion perpetua, when or if by reason or on occasion of such robbery, any of the physical injuries penalized in subdivision I of Article 263 shall have been inflicted. 3. The penalty of reclusion temporal, when by reason or on occasion of the robbery, any of the physical injuries penalized in subdivision 2 of the article mentioned in the next preceding paragraph, shall have been inflicted. 4. The penalty of prision mayor in its maximum period to reclusion temporal in its medium period, if the violence or intimidation employed in the commission of the robbery shall have been carried to a degree clearly unnecessary for the commission of the crime, or when in the course of its execution, the offender shall have inflicted upon any person not responsible for its commission any of the physical injuries covered by subdivisions 3 and 4 of said Article 263. 5. The penalty of prision correccional in its maximum period to prision mayor in its medium period in other cases." Sec. 10. Article 320 of the same Code is hereby amended to read as follows: "Art. 320. Destructive Arson. - The penalty of reclusion perpetua to death shall be imposed upon any person who shall burn:

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1. One (1) or more buildings or edifices, consequent to one single act of burning, or as a result of simultaneous burnings, committed on several or different occasions. 2. Any building of public or private ownership, devoted to the public in general or where people usually gather or congregate for a definite purpose such as, but not limited to, official governmental function or business, private transaction, commerce, trade, workshop, meetings and conferences, or merely incidental to a definite purpose such as but not limited to hotels, motels, transient dwellings, public conveyances or stops or terminals, regardless of whether the offender had knowledge that there are persons in said building or edifice at the time it is set on fire and regardless also of whether the building is actually inhabited or not. 3. Any train or locomotive, ship or vessel, airship or airplane, devoted to transportation or conveyance, or for public use, entertainment or leisure. 4. Any building, factory, warehouse installation and any appurtenances thereto, which are devoted to the service of public utilities. 5. Any building the burning of which is for the purpose of concealing or destroying evidence of another violation of law, or for the purpose of concealing bankruptcy or defrauding creditors or to collect from insurance. Irrespective of the application of the above enumerated qualifying circumstances, the penalty of reclusion perpetua to death shall likewise be imposed when the arson is perpetrated or committed by two (2) or more persons or by a group of persons, regardless of whether their purpose is merely to burn or destroy the building or the burning merely constitutes an overt act in the commission or another violation of law. The penalty of reclusion perpetua to death shall also be imposed upon any person who shall burn: 1. Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordnance, storehouse, archives or general museum of the Government. 2. In an inhabited place, any storehouse or factory of inflammable or explosive materials. If as a consequence of the commission of any of the acts penalized under this Article, death results, the mandatory penalty of death shall be imposed." Sec. 11. Article 335 of the same Code is hereby amended to read as follows: "Art. 335. When and how rape is committed. - Rape is committed by having carnal knowledge of a woman under any of the following circumstances: 1. By using force or intimidation; 2. When the woman is deprived of reason or otherwise unconscious; and 3. When the woman is under twelve years of age or is demented. The crime of rape shall be punished by reclusion perpetua. Whenever the crime of rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death. When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be death. When the rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua to death. When by reason or on the occasion of the rape, a homicide is committed, the penalty shall be death. The death penalty shall also be imposed if the crime of rape is committed with any of the following attendant circumstances: 1. when the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law-spouse of the parent of the victim. 2. when the victim is under the custody of the police or military authorities. 3. when the rape is committed in full view of the husband, parent, any of the children or other relatives within the third degree of consanguinity. 4. when the victim is a religious or a child below seven (7) years old. 5. when the offender knows that he is afflicted with Acquired Immune Deficiency Syndrome (AIDS) disease. 6. when committed by any member of the Armed Forces of the Philippines or the Philippine National Police or any law enforcement agency. 7. when by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation."

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Sec. 12. Section 2 of Republic Act No. 7080 (An Act Defining and Penalizing the Crime of Plunder) is hereby amended to read as follows: "Sec. 2. Definition of the Crime of Plunder; Penalties. - Any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through a combination or series of overt criminal acts as described in Section 1 (d) hereof in the aggregate amount or total value of at least Fifty million pesos (P50,000,000.00) shall be guilty of the crime of plunder and shall be punished by reclusion perpetua to death. Any person who participated with the said public officer in the commission of an offense contributing to the crime of plunder shall likewise be punished for such offense. In the imposition of penalties, the degree of participation and the attendance of mitigating and extenuating circumstances, as provided by the Revised Penal Code, shall be considered by the court. The court shall declare any and all ill-gotten wealth and their interests and other incomes and assets including the properties and shares of stocks derived from the deposit or investment thereof forfeited in favor of the State." Sec. 13. Sections 3, 4, 5, 7, 8 and 9, of Article II of Republic Act No. 6425, as amended, known as the Dangerous Drugs Act 1972, are hereby amended to read as follows: "Sec. 3. Importation of Prohibited Drugs. - The penalty of reclusion perpetua to death and a fine ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person who, unless authorized by law, shall import or bring into the Philippines any prohibited drug. "Sec. 4. Sale, Administration, Delivery, Distribution and Transportation of Prohibited Drugs. - The penalty of reclusion perpetua to death and a fine from five hundred thousand pesos to ten million pesos shall be imposed upon any person who, unless authorized by law, shall sell, administer, deliver, give away to another, distribute, dispatch in transit or transport any prohibited drug, or shall act as a broker in any of such transactions. Notwithstanding the provisions of Section 20 of this Act to the contrary, if the victim of the offense is a minor, or should a prohibited drug involved in any offense under this Section be the proximate cause of the death of a victim thereof, the maximum penalty herein provided shall be imposed. "Sec. 5. Maintenance of a Den, Dive or Resort for Prohibited Drug Users. - The penalty of reclusion perpetua to death and a fine ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person or group of persons who shall maintain a den, dive or resort where any prohibited drug is used in any form or where such prohibited drugs in quantities specified in Section 20, Paragraph 1 of this Act are found. Notwithstanding the provisions of Section 20 of this Act to the contrary, the maximum of the penalty shall be imposed in every case where a prohibited drug is administered, delivered or sold to a minor who is allowed to use the same in such place. Should a prohibited drug be the proximate cause of the death of a person using the same in such den, dive or resort, the maximum penalty herein provided shall be imposed on the maintainer notwithstanding the provisions of Section 20 of this Act to the contrary. "Sec. 7. Manufacture of Prohibited Drug. - The penalty of reclusion perpetua to death and fine ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person who, unless authorized by law, shall engage in the manufacture of any prohibited drug. "Sec. 8. Possession or Use of Prohibited Drugs. - The penalty of reclusion perpetua to death and a fine ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person who, unless authorized by law, shall possess or use any prohibited drug subject to the provisions of Section 20 hereof. "Sec. 9. Cultivation of Plants which are Sources of Prohibited Drugs. - The penalty of reclusion perpetua to death and a fine ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person who shall plant, cultivate or culture any medium Indian hemp, opium poppy (papaver somniferum), or any other plant which is or may hereafter be classified as dangerous drug or from which any dangerous drug may be manufactured or derived. The land or portions hereof, and/or greenhouses on which any of said plants is cultivated or cultured shall be confiscated and escheated to the State, unless the owner thereof can prove that he did not know such cultivation or culture despite the exercise of due diligence on his part. If the land involved in is part of the public domain, the maximum of the penalties herein provided shall be imposed upon the offender."

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Sec. 14. Sections 14, 14-A, and 15 of Article III of Republic Act No. 6425, as amended, known as the Dangerous Drugs Act of 1972, are hereby amended to read as follows: "Sec. 14. Importation of Regulated Drugs. - The penalty of reclusion perpetua to death and a fine ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person who, unless authorized by law, shall import or bring any regulated drug in the Philippines. "Sec. 14-A. Manufacture of Regulated Drugs. - The penalty of reclusion perpetua to death and a fine ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person who, unless authorized by law, shall engage in the manufacture of any regulated drug. "Sec. 15. Sale, Administration, Dispensation, Delivery, Transportation and Distribution of Regulated Drugs. - The penalty of reclusion perpetua to death and a fine ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person who, unless authorized by law, shall sell, dispense, deliver, transport or distribute any regulated drug. Notwithstanding the provisions of Section 20 of this Act to the contrary, if the victim of the offense is a minor, or should a regulated drug involved in any offense under this Section be the proximate cause of the death of a victim thereof, the maximum penalty herein provided shall be imposed." Sec. 15. There shall be incorporated after Section 15 of Article III of Republic Act No. 6425, as amended, known as the Dangerous Drug Act of 1972, a new section to read as follows: "Sec. 15-a. Maintenance of a den, dive or resort for regulated drug users. - The penalty of reclusion perpetua to death and a fine ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person or group of persons who shall maintain a den, dive or resort where any regulated drugs is used in any form, or where such regulated drugs in quantities specified in Section 20, paragraph 1 of this Act are found. Notwithstanding the provisions of Section 20 of this Act to the contrary, the maximum penalty herein provided shall be imposed in every case where a regulated drug is administered, delivered or sold to a minor who is allowed to use the same in such place. Should a regulated drug be the proximate cause of the death of a person using the same in such den, dive or resort, the maximum penalty herein provided shall be imposed on the maintainer notwithstanding the provisions of Section 20 of this Act to the contrary." Sec. 16. Section 16 of Article III of Republic Act No. 6425, as amended, known as the Dangerous Drugs Act of 1972, is amended to read as follows: "Sec. 16. Possession or Use of Regulated Drugs. - The penalty of reclusion perpetua to death and a fine ranging from five hundred thousand pesos to ten million pesos shall be imposed upon any person who shall possess or use any regulated drug without the corresponding license or prescription, subject to the provisions of Section 20 hereof." Sec. 17. Section 20, Article IV of Republic Act No. 6425, as amended, known as the Dangerous Drugs Act of 1972, is hereby amended to read as follows: Sec. 20. Application of Penalties, Confiscation and Forfeiture of the Proceeds or Instruments of the Crime. - The penalties for offenses under Section 3, 4, 7, 8 and 9 of Article II and Sections 14, 14-A, 15 and 16 of Article III of this Act shall be applied if the dangerous drugs involved is in any of the following quantities : 1. 40 grams or more of opium; 2. 40 grams or more of morphine; 3. 200 grams or more of shabu or methylamphetamine hydrochloride; 4. 40 grams or more of heroin; 5. 750 grams or more of indian hemp or marijuana; 6. 50 grams or more of marijuana resin or marijuana resin oil; 7. 40 grams or more of cocaine or cocaine hydrochloride; or 8. In the case of other dangerous drugs, the quantity of which is far beyond therapeutic requirements, as determined and promulgated by the Dangerous Drugs Board, after public consultations/hearings conducted for the purpose. Otherwise, if the quantity involved is less than the foregoing quantities, the penalty shall range from prision correccional to reclusion perpetua depending upon the quantity.

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Every penalty imposed for the unlawful importation, sale, administration, delivery, transportation or manufacture of dangerous drugs, the cultivation of plants which are sources of dangerous drugs and the possession of any opium pipe and other paraphernalia for dangerous drugs shall carry with it the confiscation and forfeiture, in favor of the Government, of all the proceeds of the crime including but not limited to money and other obtained thereby and the instruments or tools with which it was committed, unless they are the property of a third person not liable for the offense, but those which are not of lawful commerce shall be ordered destroyed without delay. Dangerous drugs and plant sources of such drugs as well as the proceeds or instruments of the crime so confiscated and forfeited in favor of the Government shall be turned over to the Board for proper disposal without delay. Any apprehending or arresting officer who misappropriates or misapplies or fails to account for seized or confiscated dangerous drugs or plant-sources of dangerous drugs or proceeds or instruments of the crime as are herein defined shall after conviction be punished by the penalty of reclusion perpetua to death and a fine ranging from five hundred thousand pesos to ten million pesos." Sec. 18. There shall be incorporated after Section 20 of Republic Act No. 6425, as amended, known as the Dangerous Drugs Act of 1972, a new section to read as follows: "Sec. 20-A. Plea-bargaining Provisions. - Any person charged under any provision of this Act where the imposable penalty is reclusion perpetua to death shall not be allowed to avail of the provision on plea bargaining." Sec. 19. Section 24 of Republic Act No. 6425, as amended, known as the Dangerous Drugs Act of 1972, is hereby amended to read as follows : "Sec. 24. Penalties for Government Official and Employees and Officers and Members of Police Agencies and the Armed Forces, 'Planting' of Evidence. - The maximum penalties provided for Section 3, 4(1), 5(1), 6, 7, 8, 9, 11, 12 and 13 of Article II and Sections 14, 14-A, 15(1), 16 and 19 of Article III shall be imposed, if those found guilty of any of the said offenses are government officials, employees or officers, including members of police agencies and the armed forces. Any such above government official, employee or officer who is found guilty of "planting" any dangerous drugs punished in Sections 3, 4, 7, 8, 9 and 13 of Article II and Sections 14, 14-A, 15 and 16 of Article III of this Act in the person or in the immediate vicinity of another as evidence to implicate the latter, shall suffer the same penalty as therein provided." Sec. 20. Sec. 14 of Republic Act No. 6539, as amended, known as the Anti-Carnapping Act of 1972, is hereby amended to read as follows: "Sec. 14. Penalty for Carnapping. - Any person who is found guilty of carnapping, as this term is defined in Section Two of this Act, shall, irrespective of the value of motor vehicle taken, be punished by imprisonment for not less than fourteen years and eight months and not more than seventeen years and four months, when the carnapping is committed without violence or intimidation of persons, or force upon things; and by imprisonment for not less than seventeen years and four months and not more than thirty years, when the carnapping is committed by means of violence against or intimidation of any person, or force upon things; and the penalty of reclusion perpetua to death shall be imposed when the owner, driver or occupant of the carnapped motor vehicle is killed or raped in the course of the commission of the carnapping or on the occasion thereof." Sec. 21. Article 27 of the Revised Penal Code, as amended, is hereby amended to read as follows: "Art. 27. Reclusion perpetua. - The penalty of reclusion perpetua shall be from twenty years and one day to forty years. Reclusion temporal. - The penalty of reclusion temporal shall be from twelve years and one day to twenty years. Prision mayor and temporary disqualification. - The duration of the penalties of prision mayor and temporary disqualification shall be from six years and one day to twelve years, except when the penalty of disqualification is imposed as an accessory penalty, in which case, it shall be that of the principal penalty. Prision correccional, suspension, and destierro. - The duration of the penalties of prision correccional, suspension, and destierro shall be from six months and one day to six years, except when the

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suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty. Arresto mayor. - The duration of the penalty of arresto mayor shall be from one month and one day to six months. Arresto menor. - The duration of the penalty of arresto menor shall be from one day to thirty days. Bond to keep the peace. - The bond to keep the peace shall be required to cover such period of time as the court may determine." Sec. 22. Article 47 of the same Code is hereby amended to read as follows: Art. 47. In what cases the death penalty shall not be imposed; Automatic review of the Death Penalty Cases. - The death penalty shall be imposed in all cases in which it must be imposed under existing laws, except when the guilty person is below eighteen (18) years of age at the time of the commission of the crime or is more than seventy years of age or when upon appeal or automatic review of the case by the Supreme Court, the required majority vote is not obtained for the imposition of the death penalty, in which cases the penalty shall be reclusion perpetua. In all cases where the death penalty is imposed by the trial court, the records shall be forwarded to the Supreme Court for automatic review and judgment by the Court en banc, within twenty (20) days but not earlier than fifteen (15) days after promulgation of the judgment or notice of denial of any motion for new trial or reconsideration. The transcript shall also be forwarded within ten (10) days from the filing thereof by the stenographic reporter." Sec. 23. Article 62 of the same Code, as amended, is hereby amended to read as follows: "Art. 62. Effects of the attendance of mitigating or aggravating circumstances and of habitual delinquency. - Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of diminishing or increasing the penalty in conformity with the following rules: 1. Aggravating circumstances which in themselves constitute a crime specially punishable by law or which are included by the law in defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of increasing the penalty. 1(a). When in the commission of the crime, advantage was taken by the offender of his public position, the penalty to be imposed shall be in its maximum regardless of mitigating circumstances. The maximum penalty shall be imposed if the offense was committed by any group who belongs to an organized/syndicated crime group. An organized/syndicated crime group means a group of two or more persons collaborating, confederating or mutually helping one another for purposes of gain in the commission of any crime. 2. The same rule shall apply with respect to any aggravating circumstances inherent in the crime to such a degree that it must of necessity accompany the commission thereof. 3. Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or from his private relations with the offended party, or from any other personal cause, shall only serve to aggravate or mitigate the liability of the principals, accomplices and accessories as to whom such circumstances are attendant. 4. The circumstances which consist in the material execution of the act, or in the means employed to accomplish it, shall serve to aggravate or mitigate the liability of those persons only who had knowledge of them at the time of the execution of the act or their cooperation therein. 5. Habitual delinquency shall have the following effects : (a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last crime of which he be found guilty and to the additional penalty of prision correccional in its medium and maximum periods; (b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its minimum and medium periods; and (c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its maximum period to reclusion temporal in its minimum period. Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon the offender, in conformity herewith, shall in no case exceed 30 years.

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For purposes of this article, a person shall be deemed to be a habitual delinquent, if within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa or falsification, he is found guilty of any of said crimes a third time or oftener. Sec. 24. Article 81 of the same Code, as amended, is hereby amended to read as follows: "Art. 81. When and how the death penalty is to be executed. - The death sentence shall be executed with preference to any other and shall consist in putting the person under sentence to death by electrocution. The death sentence shall be executed under the authority of the Director of Prisons, endeavoring so far as possible to mitigate the sufferings of the person under the sentence during electrocution as well as during the proceedings prior to the execution. If the person under sentence so desires, he shall be anaesthetized at the moment of the execution. As soon as facilities are provided by the Bureau of Prisons, the method of carrying out the sentence shall be changed to gas poisoning. The death sentence shall be carried out not later than one (1) year after the judgment has become final." Sec. 25. Article 83 of the same Code is hereby amended to read as follows: "Art. 83. Suspension of the execution of the death sentence. - The death sentence shall not be inflicted upon a woman while she is pregnant or within one (1) year after delivery, nor upon any person over seventy years of age. In this last case, the death sentence shall be commuted to the penalty of reclusion perpetua with the accessory penalties provided in Article 40. In all cases where the death sentence has become final, the records of the case shall be forwarded immediately by the Supreme Court to the Office of the President for possible exercise of the pardoning power." Sec. 26. < modified or repealed hereby are Act this of provisions the with inconsistent thereof parts regulations and rules orders, executive issuances, decrees presidential laws,> Sec. 27. If, for any reason or reasons, any part of the provision of this Act shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect. Sec. 28. This Act shall take effect fifteen (15) days after its publication in two (2) national newspapers of general circulation. The publication shall not be later than seven (7) days after the approval hereof.

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vi. Republic Act No. 8239 Philippine Passport Act of 1996

Sec. 1. Short Title. This Act will be called as the "Philippine Passport Act of 1996." Sec. 2. Statement of Policy. The people's constitutional right to travel is inviolable. Accordingly, the government has the duty to issue passport or any travel document to any citizen of the Philippines or individual who complies with the requirement of this Act. The right to travel may be impaired only when national security, public safety, or public health requires. To enhance and protect the unimpaired exercise of this right, only minimum requirements for the application and issuance of passports and other travel documents shall be prescribed. Action on such application and the issuance shall be expedited. Sec. 3. Definitions. As used in this Act: a. Department means the Department of Foreign Affairs; b. Secretary means the Secretary of Foreign Affairs; c. Post means a Philippine diplomatic and consular post such as an Embassy or Consulate; d. Passport means a document issued by the Philippine government to its citizens and requesting other governments to allow its citizens to pass safely and freely, and in case of need to give him/her all lawful aid and protection; e. Travel Document means a certification or identifying document containing the description and other personal circumstances of its bearer, issued for direct travel to and from the Philippines valid for short periods or a particular trip. It is issued only to persons whose claim to Philippine citizenship is doubtful or who fall under the category enumerated in Section 13 of this Act; f. Supporting Documents mean any paper or document which is required to be submitted with the passport application supporting claims to Filipino citizenship to complete the application for a passport without which such application would be deemed incomplete or otherwise become subject to denial by the issuing authority; g. Ambassadors mean those who have been appointed as chiefs of mission and have served as Ambassador Extraordinary and Plenipotentiary. Sec. 4. Authority to Issue, Deny, Restrict or Cancel. Upon the application of any qualified Filipino citizen, the Secretary of Foreign Affairs or any of his authorized consular officer may issue passports in accordance with this Act. Philippine consular officers in a foreign country shall be authorized by the Secretary to issue, verify, restrict, cancel or refuse a passport in the area of jurisdiction of the Post in accordance with the provisions of this Act. In the interest of national security, public safety and public health, the Secretary or any of the authorized consular officers may, after due hearing and in their proper discretion, refuse to issue a passport, or restrict its use or withdraw or cancel a passport: Provided, however, That such act shall not mean a loss or doubt on the person's citizenship: Provided, further, That the issuance of a passport may not be denied if the safety and interest of the Filipino citizen is at stake: Provided, finally, That refusal or cancellation of a passport would not prevent the issuance of a Travel Document to allow for a safe return journey by a Filipino to the Philippines. Sec. 5. Requirements for the Issuance of Passport. No passport shall be issued to an applicant unless the Secretary or his duly authorized representative is satisfied that the applicant is a Filipino citizen who has complied with the following requirements: a. A duly accomplished application form and photographs of such number, size and style as may be prescribed by the Department; b. The birth certificate duly issued or authenticated by the Office of the Civil Registrar General: Provided, however, That if the birth of the applicant has not been registered yet, or if his birth certificate is destroyed, damaged, or not available due to other causes, he shall apply for delayed registration of his birth with the Office of the Civil Registrar General which shall issue to said applicant a certification of pending application for delayed registration of birth attaching thereto a copy of an accomplished certificate of live birth. Such certification and the accomplished certificate of live birth shall be sufficient to support an application for passport in addition to other papers which the Department may require from the applicant;

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c. In the absence of a birth certificate, a baptismal certificate for those who are members of a Christian religious organization, or similar or equivalent certificate issued by a non-Christian religious group, attesting to the applicant's having been admitted to such religious group or sect at an early age and where it is indicated that the applicant is a Filipino citizen, which should be accompanied by a joint affidavit by two (2) persons who have personal knowledge of the applicant and of such age as to credibly state the applicant's date and place of birth, citizenship, and names of parents: Provided, That Filipinos who do not believe in any religion and whose parents for any reason failed to have the said applicant baptized shall be exempted from the baptismal certificate requirement: Provided, further, That in lieu thereof, the applicant shall execute an affidavit to that effect duly corroborated by affidavit of at least two (2) persons of good reputation who personally know such fact; In case of a woman who is married, separated, divorced or widowed or whose marriage has been annulled or declared by court as void, a copy of the certificate of marriage, court decree of separation, divorce or annulment or certificate of death of the deceased spouse duly issued and authenticated by the Office of the Civil Registrar General: Provided, That in case of a divorce decree, annulment or declaration of marriage as void, the woman applicant may revert to the use of her maiden name: Provided, further, That such divorce is recognized under existing laws of the Philippines; In the case of naturalized citizens, a certified copy of the naturalization certificate; or a certified naturalization certificate of husband or parent duly issued and authenticated by the Office of the Civil Registrar General if citizenship is claimed through naturalization of spouse or parent; For an applicant who has not reached the age of majority, an affidavit of consent from a parent as indicated in the passport application if the minor is traveling with either parent, and a clearance from the Department of Social Welfare and Development, if the minor is traveling with a legal guardian or a person other than a parent; g) If the applicant is an adopted person, the duly certified copy of court order of adoption, together with the original and amended birth certificates duly issued and authenticated by the Office of the Civil Registrar General shall be presented: Provided, That in case the adopted person is an infant or a minor or the applicant is for adoption by foreign parents, an authority from the Department of Social Welfare and Development shall be required: Provided, further, That the adopting foreign parents shall also submit a certificate from their embassy or consulate that they are qualified to adopt such infant or minor child; In case of discrepancy between the applicant's name in the birth certificate and in any other private documents, the former shall prevail over the latter unless by operation of law or through court order, the applicant is permitted to use a name other than what is officially recorded in the Civil Register; and If the applicant is a government employee, the travel authority issued by the head of department, agency or office may be required only if said applicant is applying for an official passport.

d.

e. f.

g.

h.

Sec. 6. Application. The application may be filed by: a. The applicant himself or herself; or b. The parent or legal guardian on behalf of an applicant who is below the age of majority. In case of first time applicants, the applicant must present himself/herself in person to prove that he or she is the same person and of the age claimed in the application form. In case of renewal the application may be filed by any licensed travel agency duly accredited by the Department of Foreign Affairs: Provided, That the agent shall be responsible for the authenticity or bona fide of the supporting documents being presented to meet the requirements for the application of passports. Sec. 7. Types of Passports. The Secretary or the authorized representative or consular officer may issue the following types of passports: a) Diplomatic passport for persons imbued with diplomatic status or are on diplomatic mission such as: 1. The President and former Presidents of the Republic of the Philippines; 2. The Vice-President and former Vice-Presidents of the Republic of the Philippines; 3. The Senate President and the Speaker of the House of Representatives; 4. The Chief Justice of the Supreme Court; 5. The Cabinet Secretaries, and the Undersecretaries and Assistant Secretaries of the Department of Foreign Affairs;

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Ambassadors, Foreign Service Officers of all ranks in the career diplomatic service; Attaches, and members of their families; 7. Members of the Congress when on official mission abroad or as delegates to international conferences; 8. The Governor of the Bangko Sentral ng Pilipinas and delegates to international or regional conferences when on official mission or accorded full powers by the President; and 9. Spouses and unmarried minor children of the abovementioned officials when accompanying or following to join them in an official mission abroad. The President of the Philippines and the Secretary of the Department of Foreign Affairs may grant diplomatic passports to officials and persons other than those enumerated herein who are on official mission abroad. b) Official Passport to be issued to all government officials and employees on official trip abroad but who are not on a diplomatic mission or delegates to international or regional conferences or have not been accorded diplomatic status such as: 1. Undersecretaries and Assistant Secretaries of the Cabinet other than the Department of Foreign Affairs, the Associate Justices and other members of the Judiciary, members of the Congress and all other government officials and employees traveling on official business and official time; 2. Staff officers and employees of the Department of Foreign Affairs assigned to diplomatic and consular posts and officers and representatives of other government departments and agencies assigned abroad; 3. Persons in the domestic service and household members of officials assigned to diplomatic or consular posts; 4. Spouses and unmarried minor children of the officials mentioned above when accompanying or following to join them. c) Regular Passport issued to Filipino citizens who are not eligible or entitled to diplomatic or official passports, including government officials or employees going abroad for pleasure or other personal reasons. Government officials and employees and members of their families may, during their incumbency in office, hold two passports simultaneously: (1) a regular passport for private travel; (2) a diplomatic or official passport when traveling abroad on diplomatic or official business. The wife and minor children of persons entitled to a diplomatic or official passport shall be issued regular passports, if they are not accompanying or following to join them. Sec. 8. Grounds for Denial, Cancellation or Restrictions. The application for passport may be denied, cancelled or restricted only on the following grounds: a. Denial of Passport 1. On orders of the court, after due notice and hearing, to hold the departure of an applicant because of a pending criminal case; 2. When so requested by the natural or legal guardian, if the applicant is a minor; 3. When the applicant has been found to have violated any of the provisions of this Act; 4. Such other disqualification under existing laws. b. Cancellation 1. When the holder is a fugitive from justice; 2. When the holder has been convicted of a criminal offense: Provided, That the passport may be restored after service of sentence; or 3. When a passport was acquired fraudulently or tampered with. c. Restricted 1. When the country of destination is in a state of political instability which could pose a danger to the Filipino traveler; 2. When diplomatic ties have been fractured or severed with the Philippines; 3. When the country of destination is subject to travel restriction by government policy, enforcement of action by the United Nations or in a state of war. 6.

Sec. 9. Appeal. Any person who feels aggrieved as a result of the application of this Act or of the implementing rules and regulations issued by the Secretary shall have the right to appeal to the Secretary of Foreign Affairs from whose decision judicial review may be had to the Courts in due course.

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Sec. 10. Validity. Regular passports issued under this Act shall be valid for a period of five (5) years: Provided, however, That the issuing authority may limit the period of validity to less than five (5) years; whenever in the national economic interest or political stability of the country such restriction is necessary: Provided, finally, That a new passport may be issued to replace one which validity has expired, the old passport being returned to the holder after cancellation. Sec. 11. Ownership of Passports. A Philippine passport remains at all times the property of the Government, the holder being a mere possessor thereof as long as it is valid and the same may not be surrendered to any person or entity other than the government or its representative: Provided, That a Filipino citizen may voluntarily surrender his/her passport to a Philippine Service Post for storage and safekeeping for which a proper receipt shall be issued for use when reclaiming the passport at a later date. Sec. 12. Names and Titles. The passport shall contain the full name of the applicant, but shall not include his title or titles or profession or job description. If an applicant's name is changed by order of the court, a certified copy of the court order or decree shall be submitted together with the birth certificate or old passport on application. Sec. 13. Travel Documents. A travel document, in lieu of a passport, may be issued to: a. A Filipino citizen returning to the Philippines who for one reason or another has lost his/her passport or cannot be issued a regular passport; b. A Filipino citizen being sent back to the Philippines; c. An alien spouse of a Filipino and their dependents who have not yet been naturalized as a Filipino and who are traveling to the Philippines or is a permanent resident of the Philippines; d. Aliens permanently residing in the Philippines who are not able to obtain foreign passport and other travel documents; e. A stateless person who is likewise a permanent resident, or a refugee granted such status or asylum in the Philippines. Sec. 14. Amendments. A passport may be amended at the request of the holder for any lawful purpose, but such amendment should be approved by the Secretary or his duly authorized diplomatic or consular officers. Diplomatic and official passports shall be submitted for revalidation before each departure of the holder. Sec. 15. Loss or Destruction. The loss or destruction of a passport should be immediately reported to the Department or the Post. The holder of such passport shall submit to the Department or Post an affidavit stating in detail the circumstances of such loss or destruction. The holder of such a passport who is in the Philippines, should also furnish the National Bureau of Investigation and the Bureau of Immigration copies of the affidavit. For those who are abroad, copies of the affidavit will be forwarded by the Post to the Department's Office of Consular Services, and in coordination with the Office of Legal and Intelligence Services, shall transmit a copy of the affidavit to the National Bureau of Investigation and Bureau of Immigration. The transmittal of the affidavit shall be accompanied by a request for the confiscation of the said passport if found, and to investigate or detain if necessary, the person attempting to use or has used the passport. All Posts will be informed of the lost passport, including pertinent information on the passport and the circumstances of loss. No new passport shall be issued until satisfactory proof is shown that the passport was actually lost and after the lapse of fifteen (15) days following the date of submission of the affidavit of loss as herein required: Provided, however, That in the case of a passport reported lost by a Filipino traveling abroad, the Consulate may waive the fifteen (15) days requirement if the loss has been proven to the Consular Official's satisfaction: Provided, further, That in case the Filipino who reported a loss of passport is returning to the Philippines, the holder may be issued a Travel Document: Provided, finally, That in the event the lost passport is found, it should be destroyed if a replacement has been issued, or mailed to the holder who was issued a Travel Document. In all cases, the head of Office of Consular Services or the head of the Consular Section of an Embassy or the Consul General of a consulate may, upon his discretion, waive the fifteen (15)-day waiting period. Sec. 16. Fees. Reasonable fees shall be collected for the processing, issuance, extension, amendment or

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replacement of a lost passport and the issuance of a Travel Document as may be determined by the Department: Provided, however, That any fee shall not be increased more than once every three (3) years. Sec. 17. Passport Revolving Fund. The Department may charge a service fee of not more than Two hundred fifty pesos (P250) for such service rendered to applicants relating to the processing and issuance of passports requiring special consideration, waiver or issuance beyond regular office hours. The service fees received by the Department under this section shall constitute a revolving fund to be called the "Passport Revolving Fund" which may be utilized by the Department for the improvement of its passporting and consular services and other Department services except travel and transportation allowances and expenses. The setting up, use and disbursement of funds shall be subject to review, accounting and auditing rules and regulations of the Commission on Audit and will be subject to an annual review by Congress, but the Secretary will submit a report on the disbursement of the fund every six (6) months to both the Senate and the House Committees on Foreign Relations. Sec. 18. Waiver. The Secretary of Foreign Affairs is solely authorized to waive any requirements set forth in Section 5 of this Act. Sec. 19. Offenses and Penalties. A passport being a proclamation of the citizenship of a Filipino, is a document that is superior to all other official documents. As such, it should be accorded the highest respect by its holder that to do damage to its integrity and validity is a serious crime that should be penalized accordingly: a. Offenses Relating to Issuances: Penalties Any person who: 1. Acting or claiming to act in any capacity or office under the Republic of the Philippines, without lawful authority, grants, issues or verifies any passport or travel document to any or for any person whomsoever shall be punished by a fine of not less than Fifteen thousand pesos (P15,000) nor more than Sixty thousand pesos (P60,000) and imprisonment of not less than eighteen (18) months nor more than six (6) years; or 2. Being a diplomatic or consular official authorized to grant, issue, amend or verify passports, knowingly and willfully grants, issues, amends or verifies any such passport to any or for any person not owing allegiance to the Republic of the Philippines, whether citizen or not, shall be punished by a fine of not less than Fifteen thousand pesos (P15,000) nor more than Sixty thousand pesos (P60,000) and imprisonment of not less than eighteen (18) months but not more than six (6) years, and upon conviction, be disqualified from holding appointive public office; 3. Being a diplomatic or consular officer knowingly and willfully grants and issues to, amends or certifies to the authenticity of any passport or travel document for any person not entitled thereto, or knowingly and willfully issues more than one passport to any person except as provided for in this Act, shall be punished by a fine of not less than Fifteen thousand pesos (P15,000) nor more than Sixty thousand pesos (P60,000) and imprisonment of not less than eighteen (18) months nor more than six (6) years and upon conviction, be disqualified from holding appointive public office. b. Offenses Relating to False Statements: Penalties Any person who willfully and knowingly: 1. Makes any false statement in any application for passport with the intent to induce or secure the issuance of a passport under the authority of the Philippine Government, either for his own use or the use of another, contrary to this Act or rules and regulations prescribed pursuant hereto shall be punished by a fine of not less than Fifteen thousand pesos (P15,000) nor more than Sixty thousand pesos (P60,000) and imprisonment of not less than three (3) years nor more than ten (10) years; or 2. Uses or attempts to use any passport which was secured in any way by reason of any false statements, shall be punished by a fine of not less than Fifteen thousand pesos (P15,000) nor more than Sixty thousand pesos (P60,000) and imprisonment of not less than three (3) years, but not more than ten (10) years; or 3. Travel and recruitment agencies whose agents, liaison officers or representatives are convicted of offenses relating to false statements shall in addition to the fines and penalties abovementioned have their license revoked with all deposits, escrow accounts or guarantee funds deposited or made as a requirement of their business forfeited in favor of the government without prejudice to the officials of the branch office or of the agency being

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charged as accessories to the offense and upon conviction barred from engaging in the travel or recruitment agency business. Offenses Relating to Forgery: Penalties Any person who: 1. Falsely makes, forges, counterfeits, mutilates or alters any passport or travel document or any supporting document for a passport application, with the intent of using the same shall be punished by a fine of not less than Sixty thousand pesos (P60,000) nor more than One hundred fifty thousand pesos (P150,000) and imprisonment of not less than six (6) years nor more than fifteen 15) years; or 2. Willfully or knowingly uses or attempts to use, or furnishes to another for use of any such false, forged, counterfeited, mutilated or altered passport or travel document or any passport validly issued which has become void by the occurrence of any condition therein prescribed shall be punished by a fine of not less than Sixty thousand pesos (P60,000) nor more than One hundred fifty thousand pesos (P150,000) and imprisonment of not less than six (6) years nor more than fifteen (15) years: Provided, however, That officers of corporations, agencies or entities licensed in the travel and recruitment industry would be held similarly liable as their agents, liaison officers or representatives: Provided, finally, That forgeries of five or more passports or travel documents, would be considered as massive forgery tantamount to national sabotage and shall be punished by a fine of not less than Two hundred fifty thousand pesos (P250,000) nor more than One million pesos (P1,000,000) and imprisonment of not less than seven (7) years nor more than seventeen (17) years. Offenses Relating to Improper Use: Penalties Any person who willfully and knowingly: 1. Uses or attempts to use, any passport issued or designed for the use of another or any supporting documents for a passport application which belongs to another; or 2. Uses or attempts to use any passport or supporting document in violation of the conditions or restrictions therein contained, or of the rules prescribed pursuant thereto; or 3. Furnishes, disposes or delivers a passport to any person, for use by another or other than the person for whose use it was originally issued or designed; or 4. Defaces or destroys a Philippine passport, shall be punished by a fine of not less than Sixty thousand pesos (P60,000) nor more than One hundred fifty thousand pesos (P150,000) and imprisonment of not less than six (6) years nor more than fifteen (15) years.

c.

d.

Offenses Relating to Multiple Possession: Penalties No person or individual may hold more than one valid passport, except as provided for in Section 7 hereof, and any individual who possesses more than one unexpired passport shall, for every unexpired passport found in his possession, be punished by a fine of not less than Fifteen thousand pesos (P15,000) nor more than Sixty thousand pesos (P60,000) and imprisonment of not less than eighteen (18) months but not more than six (6) years: Provided, That the maximum fine and imprisonment shall be imposed by the court if he attempts to use or actually uses an unexpired passport which is not in his name. In case any of the offenses prohibited in this Act constitutes a violation of the Revised Penal Code and the penalty imposed in said Code is heavier than that provided in this Act, the latter penalty shall be imposed. Sec. 20. Suspension of Accreditation. Any duly accredited travel or recruitment agent or agency which violates the prescription on application for passport under Section 6 hereof shall have such accreditation suspended without prejudice to civil, criminal or administrative sanctions including revocation of its license to operate. The mere submission of spurious, forged or falsified documents supporting a passport application by any duly accredited travel or recruitment agent or agency shall be prima facie evidence that the said travel or recruitment agent or agency is the author of such forgery or falsification. Sec. 21. Rules and Regulations. The Secretary shall issue such rules and regulations as may be necessary to implement the provisions herein within sixty (60) days from date of effectivity of this Act without extension or delays. Sec. 22. Separability Clause. Should any provision of this Act or the applicability thereof to any person or circumstance is held invalid, the remainder thereof shall not be affected thereby.

e.

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Sec. 23. Repealing Clause. All laws, decrees, orders, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly. Sec. 24. Effectivity. This Act shall take effect fifteen (15) days after its publication in at least five (5) newspapers of general circulation or in the Official Gazette.

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vii. Republic Act No. 8042 Migrant Workers and Overseas Filipinos Act of 1995

Sec. 1. Short Title. - This act shall be known and cited as the "Migrant Workers and Overseas Filipinos Act of 1995." Sec. 2. Declaration of Policies -(a) In the pursuit of an independent foreign policy and while considering national sovereignty, territorial integrity, national interest and the right to self-determination paramount in its relations with other states, the State shall, at all times, uphold the dignity of its citizens whether in country or overseas, in general, and Filipino migrant workers, in particular. (b) The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all. Towards this end, the State shall provide adequate and timely social, economic and legal services to Filipino migrant workers. (c) While recognizing the significant contribution of Filipino migrant workers to the national economy through their foreign exchange remittances, the State does not promote overseas employment as a means to sustain economic growth and achieve national development. The existence of the overseas employment program rests solely on the assurance that the dignity and fundamental human rights and freedoms of the Filipino citizens shall not, at any time, be compromised or violated. The State, therefore, shall continuously create local employment opportunities and promote the equitable distribution of wealth and the benefits of development. (d) The State affirms the fundamental equality before the law of women and men and the significant role of women in nation-building. Recognizing the contribution of overseas migrant women workers and their particular vulnerabilities, the State shall apply gender sensitive criteria in the formulation and implementation of policies and programs affecting migrant workers and the composition of bodies tasked for the welfare of migrant workers. (e) Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any persons by reason of poverty. In this regard, it is imperative that an effective mechanism be instituted to ensure that the rights and interest of distressed overseas Filipinos, in general, and Filipino migrant workers, in particular, documented or undocumented, are adequately protected and safeguarded. (f) The right of Filipino migrant workers and all overseas Filipinos to participate in the democratic decision-making processes of the State and to be represented in institutions relevant to overseas employment is recognized and guaranteed. (g) The State recognizes that the ultimate protection to all migrant workers is the possession of skills. Pursuant to this and as soon as practicable, the government shall deploy and/or allow the deployment only to skilled Filipino workers. (h) Non-governmental organizations, duly recognized as legitimate, are partners of the State in the protection of Filipino migrant workers and in the promotion of their welfare, the State shall cooperate with them in a spirit of trust and mutual respect. (I) Government fees and other administrative costs of recruitment, introduction, placement and assistance to migrant workers shall be rendered free without prejudice to the provision of Section 36 hereof. Nonetheless, the deployment of Filipino overseas workers, whether land-based or sea-based by local service contractors and manning agencies employing them shall be encouraged. Appropriate incentives may be extended to them. Sec. 3. Definitions. - For purposes of this Act: (a) "Migrant worker" refers to a person who is to be engaged, is engaged or has been engaged in a renumerated activity in a state of which he or she is not a legal resident to be used interchangeably with overseas Filipino worker. (b) "Gender-sensitivity" shall mean cognizance of the inequalities and inequities prevalent in society between women and men and a commitment to address issues with concern for the respective interests of the sexes. (c) "Overseas Filipinos" refers to dependents of migrant workers and other Filipino nationals abroad who are in distress as mentioned in Sections 24 and 26 of this Act. I. Deployment Sec. 4. Deployment of Migrant Workers - The State shall deploy overseas Filipino workers only in countries where the rights of Filipino migrant workers are protected. The government recognizes any of the following as guarantee on the part of the receiving country for the protection and the rights of overseas Filipino workers: (a) It has existing labor and social laws protecting the rights of migrant workers;

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(b) It is a signatory to multilateral conventions, declaration or resolutions relating to the protection of migrant workers; (c) It has concluded a bilateral agreement or arrangement with the government protecting the rights of overseas Filipino workers; and (d) It is taking positive, concrete measures to protect the rights of migrant workers. Sec. 5. Termination or Ban on Deployment - Notwithstanding the provisions of Section 4 hereof, the government, in pursuit of the national interest or when public welfare so requires, may, at any time, terminate or impose a ban on the deployment of migrant workers. II. Illegal Recruitment Sec. 6. Definitions. - For purposes of this Act, illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, procuring workers and includes referring, contact services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-license or nonholder of authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines. Provided, that such non-license or non-holder, who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. It shall likewise include the following acts, whether committed by any persons, whether a non-licensee, nonholder, licensee or holder of authority. (a) To charge or accept directly or indirectly any amount greater than the specified in the schedule of allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay any amount greater than that actually received by him as a loan or advance; (b) To furnish or publish any false notice or information or document in relation to recruitment or employment; (c) To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the Labor Code; (d) To induce or attempt to induce a worker already employed to quit his employment in order to offer him another unless the transfer is designed to liberate a worker from oppressive terms and conditions of employment; (e) To influence or attempt to influence any persons or entity not to employ any worker who has not applied for employment through his agency; (f) To engage in the recruitment of placement of workers in jobs harmful to public health or morality or to dignity of the Republic of the Philippines; (g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and Employment or by his duly authorized representative; (h) To fail to submit reports on the status of employment, placement vacancies, remittances of foreign exchange earnings, separations from jobs, departures and such other matters or information as may be required by the Secretary of Labor and Employment; (i) To substitute or alter to the prejudice of the worker, employment contracts approved and verified by the Department of Labor and Employment from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval of the Department of Labor and Employment; (j) For an officer or agent of a recruitment or placement agency to become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly on indirectly in the management of a travel agency; (k) To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations other than those authorized under the Labor Code and its implementing rules and regulations; (l) Failure to actually deploy without valid reasons as determined by the Department of Labor and Employment; and (m) Failure to reimburse expenses incurred by the workers in connection with his documentation and processing for purposes of deployment, in cases where the deployment does not actually take place without the worker's fault. Illegal recruitment when committed by a syndicate or in large scale shall be considered as offense involving economic sabotage. Illegal recruitment is deemed committed by a syndicate 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.

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The persons criminally liable for the above offenses are the principals, accomplices and accessories. In case of juridical persons, the officers having control, management or direction of their business shall be liable. Sec. 7. Penalties (a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but not more than twelve (12) years and a fine not less than two hundred thousand pesos (P200,000.00) nor more than five hundred thousand pesos (P500,000.00). (b) The penalty of life imprisonment and a fine of not less than five hundred thousand pesos (P500,000.00) nor more than one million pesos (P1,000,000.00) shall be imposed if illegal recruitment constitutes economic sabotage as defined herein. Provided, however, that the maximum penalty shall be imposed if the person illegally recruited is less than eighteen (18) years of age or committed by a non-licensee or non-holder of authority. Sec. 8. Prohibition on Employees and Officials. - Ot shall be unlawful for any official or employee of the Department of Labor and Employment, the Philippine Overseas Employment Administration, or the Overseas Workers Welfare Administration, or the Department of Foreign Affairs, or other government agencies involved in the implementation of this Act, or their relatives within the fourth civil degree of consanguinity or affinity, to engage, directly or indirectly, in the business of recruiting migrant workers as defined in this Act. The penalties shall be imposed upon them. Sec. 9. Venue. - A criminal action arising from illegal recruitment as defined herein shall be filed with the Regional Trial Court of the province or city where the offense was committed or where the offended party actually resides at the same 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. Provided, however, That the aforestated provisions shall also apply to those criminal actions that have already been filed in court at the time of the effectivity of this Act. Sec. 10. Money Claims. - Botwithstanding any provision of law to the contrary, the Labor Arbiters of the National Labor Relations Commission (NLRC) shall have the priginal and exclusive jurisdiction to hear and decide, within ninety (90) calendar days after filing of the complaint, the claims arising out of an employeremployee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment including claims for actual, moral, exemplary and other forms of damages. The liability of the principal/employer and the recruitment/placement agency for any and all claims under this section shall be joint and several. This provisions shall be incorporated in the contract for overseas employment and shall be a condition precedent for its approval. The performance bond to be filed by the recruitment/placement agency, as provided by law, shall be answerable for all money claims or damages that may be awarded to the workers. If the recruitment/placement agency is a juridical being, the corporate officers and directors and partners as the case may be, shall themselves be jointly and solidarily liable with the corporation or partnership for the aforesaid claims and damages. Such liabilities shall continue during the entire period or duration of the employment contract and shall not be affected by any substitution, amendment or modification made locally or in a foreign country of the said contract. Any compromise/amicable settlement or voluntary agreement on money claims inclusive of damages under this section shall be paid within four (4) months from the approval of the settlement by the appropriate authority. In case of termination of overseas employment without just, valid or authorized cause as defined by law or contract, the workers shall be entitled to the full reimbursement of his placement fee with interest of twelve percent (12%) per annum, plus his salaries for the unexpired portion of his employment contract or for three (3) months for every year of the unexpired term, whichever is less. Non-compliance with the mandatory periods for resolutions of cases provided under this section shall subject the responsible officials to any or all of the following penalties: (a) The salary of any such official who fails to render his decision or resolutions within the prescribed period shall be, or caused to be, withheld until the said official complies therewith; (b) Suspension for not more than ninety (90) days; or (c) Dismissal from the service with disqualifications to hold any appointive public office for five (5) years.

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Provided, however, that the penalties herein provided shall be without prejudice to any liability which any such official may have incurred under other existing laws or rules and regulations as a consequence of violating the provisions of this paragraph. Sec. 11. Mandatory Periods for Resolution of Illegal Recruitment Cases . - The preliminary investigations of cases under this Act shall be terminated within a period of thirty (30) calendar days from the date of their filing. Where the preliminary investigation is conducted by a prosecution officer and a prima facie case is established, the corresponding information shall be filed in court within twenty-four (24) hours from the termination of the investigation. If the preliminary investigation is conducted by a judge and a prima facie case is found to exist, prosecution officer within forty-eight (48) hours from the date of receipt of the records of the case. Sec. 12. Prescriptive Periods. - Illegal recruitment cases under this Act shall prescribe in five (5) years: Provided, however, That illegal recruitment cases involving economic sabotage as defined herein shall prescribe in twenty (20) years. Sec. 13. Free Legal Assistance, Preferential Entitlement Under the Witness Protection Program. - A mechanism for free legal assistance for victims of illegal recruitment shall be established within the Department of Labor and Employment including its regional offices. Such mechanism must include coordination and cooperation with the Department of Justice, the Integrated Bar of the Philippines, and other non-governmental organizations and volunteer groups. The provisions of Republic Act No. 6981 to the contrary, notwithstanding, any person who is a victim of illegal recruitment shall be entitled to the Witness Protection Program provided thereunder. III. Services Sec. 14. Travel Advisory/Information Dissemination. - To give utmost priority to the establishment of programs and services to prevent illegal recruitment, fraud, and exploitation or abuse of Filipino migrant workers, all embassies and consular offices, through the Philippine Overseas Employment Administration (POEA), shall issue travel advisories or disseminate information on labor and employment conditions, migration realities and other facts; and adherence of particular countries to international standards on human and workers' rights which will adequately prepare individuals into making informed and intelligent decisions about overseas employment. Such advisory or information shall be published in a newspaper of general circulation at least three (3) times in every quarter. Sec. 15. Repatriation of Workers; Emergency Repatriation Fund. - The repatriation of the worker and the transport of his personal belongings shall be the primary responsibility of the agency which recruited or deployed the worker overseas. All costs attendant to repatriation shall be borne by or charged to the agency concerned and/or its principal. Likewise, the repatriation of remains and transport of the personal belongings of a deceased worker and all costs attendant thereto shall be borne by the principal and/or local agency. However, in cases where the termination of employment is due solely to the fault of the worker, the principal/employer or agency shall not in any manner be responsible for the repatriation of the former and/or his belongings. The Overseas Workers Welfare Administration (OWWA), in coordination ith appropriate international agencies, shall undertake the repatriation of workers in cases of war, epidemic, disasters or calamities, natural or man-made, and other similar events without prejudice to reimbursement by the responsible principal or agency. However, in cases where the principal or recruitment agency cannot be identified, all costs attendant to repatriation shall be borne by the OWWA. For this purposes, there is hereby created and established an emergency repatriation fund under the administration control and supervision of the OWWA, initially to consist of one hundred million pesos (P100,000,000.00), inclusive of outstanding balances. Sec. 16. Mandatory Repatriation of Underage Migrant Workers. - Upon discovery or being informed of the presence of migrant workers whose actual ages fall below the minimum age requirement for overseas deployment, the responsible officers in the foreign service shall without delay repatriate said workers and advise the Department of Foreign Affairs through the fastest means of communication availavle of such discovery and other relevant information.

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Sec. 17. Establishment of Replacement and Monitoring Center. - A replacement and monitoring center is hereby created in the Department of Labor and Employment for returning Filipino migrant workers which shall provide a mechanism for their reintegration into the Philippine society, serve as a promotion house for their local employment, and tap their skills and potentials for national development. The Department of Labor and Employment, the Overseas Workers Welfare Administration, and the Philippine Overseas Employment Administration shall, within ninety (90) days from the effectivity of this Act, formulate a program that would motivate migrant workers to plan for productive options such as entry into highly technical jobs or undertakings, livelihood and entrepreneurial development, better wage employment, and investment of savings. For this purpose, the Technical Education and Skills Development Authority (TESDA), the Technology Livelihood Resource Center (TLRC), and other government agencies involved in training and livelihood development shall give priority to return who had been employed as domestic helpers and entertainers. Sec. 18. Functions of the Re-placement and Monitoring Center. - The center shall provide the following service: (a) Develop livelihood programs and projects for returning Filipino migrant workers in coordination with the private sector; (b) Coordinate with appropriate private and government agencies the promotion, development, replacement and the full utilization of their potentials; (c) Institute in cooperation with other government agencies concerned, a computer-based information system on skilled Filipino migrant workers which shall be accessible to all local recruitment agencies and employers, both public and private; (d) Provide a periodic study and assessment of job opportunities for returning Filipino migrant workers. Sec. 19. Establishment of a Migrant Workers and Other Overseas Filipinos Resource Center. - Within the premises and under the administrative jurisdiction of the Philippine Embassy in countries where there are large concentrations of Filipino migrant workers, there shall be establish a Migrant Workers and Other Overseas Filipinos Resource Center with the following services: (a) Counseling and legal services; (b) Welfare assistance including the procurement of medical and hospitalization services; (c) Information, advisory and programs to promote social integration such as post-arrival orientation, settlement and community networking services for social integration; (d) Institute a scheme of registration of undocumented workers to bring them within the purview of this Act. For this purpose, the Center is enjoined to compel existing undocumented workers to register with it within six (6) months from the effectivity of this Act, under pain of having his/her passport cancelled; (e) Human resource development, such as training and skills upgrading; (f) Gender sensitive programs and activities to assist particular needs of women migrant workers; (g) Orientation program for returning workers and other migrants; and (h) Monitoring of daily situations, circumstances and activities affecting migrant workers and other overseas Filipinos. The establishment and operations of the Center shall be a joint undertaking of the various government agencies. The Center shall be open for twenty-four (24) hours daily, including Saturdays, Sundays and holidays, and shall be staffed by Foreign Service personnel, service attaches or officers who represent other organizations from the host countries. In countries categorized as highly problematic by the Department of Foreign Affairs and the Department of Labor and Employment and where there is a concentration of Filipino migrant workers, the government must provide a lawyer and a social worker for the Center. The Labor Attache shall coordinate the operation of the Center and shall keep the Chief of Mission informed and updated on all matters affecting it. The Center shall have a counterpart 24-hour information and assistance center at the Department of Foreign Affairs to ensure a continuous network and coordinative mechanism at the home office. Sec. 20. Establishment of a Shared Government Information System for Migration . - An inter-agency committee composed of the Department of Foreign Affairs and its attached agency, the Commission on Filipino Overseas, the Department of Labor and Employment, the Philippine Overseas Employment Administration, The Overseas Workers Welfare Administration, The Department of Tourism, the Department

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of Justice, the Bureau of Immigration, the National Bureau of Investigation, and the National Statistics Office shall be established to implement a shared government information system for migration. The inter-agency committee shall initially make available to itself the information contained in existing data bases/files. The second phase shall involve linkaging of computer facilities in order to allow free-flow data exchanges and sharing among concerned agencies. The inter-agency committee shall convene to identify existing data bases which shall be declassified and shared among member agencies. These shared data bases shall initially include, but not limited to, the following information: (a) Masterlists of departing/arriving Filipinos; (b) Inventory of pending legal cases involving Filipino migrant workers and other Filipino nationals, including those serving prison terms; (c) Masterlists of departing/arriving Filipinos; (d) Statistical profile on Filipino migrant workers/overseas Filipinos/Tourists; (e) Blacklisted foreigners/undesirable aliens; (f) Basic data on legal systems, immigration policies, marriage laws and civil and criminal codes in receiving countries particularly those with the large numbers of Filipinos; (g) List of labor and other human rights instruments where receiving countries are signatories; (h) A tracking system of past and present gender disaggregated cases involving male and female migrant workers; and (I) Listing of overseas posts which may render assistance to overseas Filipinos, in general, and migrant workers, in particular. Sec. 21. Migrant Workers Loan Guarantee Fund. - In order to further prevent unscrupulous illegal recruiters from taking advantage of workers seeking employment abroad, the OWWA, in coordination with government financial institutions, shall institute financing schemes that will expand the grant of pre-departure loan and family assistance loan. For this purpose, a Migrant Workers Loan Guarantee Fund is hereby created and the revolving amount of one hundred million pesos (P100,000,000.00) from the OWWA is set aside as a guarantee fund in favor of participating government financial institutions. Sec. 22. Rights and Enforcement Mechanism Under International and Regional Human Rights Systems. - The Department of Foreign Affairs is mandated to undertake the necessary initiative such as promotions, acceptance or adherence of countries receiving Filipino workers to multilateral convention, declaration or resolutions pertaining to the protection of migrant workers' rights. The Department of Foreign Affairs is also mandated to make an assessment of rights and avenues of redress under international and regional human rights systems that are available to Filipino migrant workers who are victims of abuse and violation and, as far as practicable and through the Legal Assistant for Migrant Workers Affairs created under this Act, pursue the same on behalf of the victim if it is legally impossible to file individual complaints. If a complaints machinery is available under international or regional systems, the Department of Foreign Affairs shall fully apprise the Filipino migrant workers of the existence and effectiveness of such legal options. IV. Government Agencies Sec. 23. Role of Government Agencies. - The following government agencies shall perform the following to promote the welfare and protect the rights of migrant workers and, as far as applicable, all overseas Filipinos: (a) Department of Foreign Affairs. - The Department, through its home office or foreign posts, shall take priority action its home office or foreign posts, shall take priority action or make representation with the foreign authority concerned to protect the rights of migrant workers and other overseas Filipinos and extend immediate assistance including the repatriation of distressed or beleaguered migrant workers and other overseas Filipinos; (b) Department of Labor and Employment - The Department of Labor and Employment shall see to it that labor and social welfare laws in the foreign countries are fairly applied to migrant workers and whenever applicable, to other overseas Filipinos including the grant of legal assistance and the referral to proper medical centers or hospitals: (b.1) Philippine Overseas Employment Administration - Subject to deregulation and phase out as provided under Sections 29 and 30 herein, the Administration shall regulate private sector participation in the recruitment and overseas placement of workers by setting up a licensing and registration system. It shall also formulate and implement, in coordination with appropriate entities concerned, when necessary employment of Filipino workers taking into consideration their welfare and the domestic manpower requirements.

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(b.2) Overseas Workers Welfare Administration - The Welfare Officer or in his absence, the coordinating officer shall provide the Filipino migrant worker and his family all the assistance they may need in the enforcement of contractual obligations by agencies or entities and/or by their principals. In the performance of this functions, he shall make representation and may call on the agencies or entities concerned to conferences or conciliation meetings for the purpose of settling the complaints or problems brought to his attention. V. The Legal Assistant for Migrant Workers Affairs Sec. 24. Legal Assistant for Migrant Workers Affairs. - There is hereby created the position of Legal Assistant for Migrant Workers Affairs under the Department of Foreign Affairs who shall be primarily responsible for the provision and overall coordination of all legal assistance services to be provided to Filipino migrant workers as well as overseas Filipinos in distress. He shall have the rank, salary and privileges equal to that of an undersecretary of said Department. The said Legal Assistant for Migrant Workers Affairs shall be appointed by the President and must be of proven competence in the field of law with at least ten (10) years of experience as a legal practitioner and must not have been a candidate to an elective office in the last local or national elections. Among the functions and responsibilities of the aforesaid Legal Assistant are: (a) To issue the guidelines, procedures and criteria for the provisions of legal assistance services to Filipino migrant workers; (b) To establish close linkages with the Department of Labor and Employment, the POEA, the OWWA and other government agencies concerned, as well as with non-governmental organizations assisting migrant workers, to ensure effective coordination and cooperation in the provision of legal assistance to migrant workers; (c) To tap the assistance of reputable law firms and the Integrated Bar of the Philippines and other bar associations to complement the government's efforts to provide legal assistance to migrant workers; (d) To administer the legal assistance fund for migrant workers established under Section 25 hereof and to authorize disbursements there from in accordance with the purposes for which the fund was set up; and (e) To keep and maintain the information system as provided in Section 20. The legal Assistant for Migrant Workers Affairs shall have authority to hire private lawyers, domestic or foreign, in order to assist him in the effective discharge of the above functions. Sec. 25. Legal Assistance Fund - There is hereby established a legal assistance fund for migrant workers, herein after referred to as Legal Assistance fund, in the amount of One hundred million pesos (P100,000,000.00) to be constituted from the following sources: Fifty million pesos (P50,000,000.00) from the Contingency Fund of the President; Thirty million pesos (P30,000,000.00) from the Presidential Social Fund; and Twenty million pesos (P20,000,000.00) from the Welfare Fund for Overseas Workers established under Letter of Instruction No. 537, as amended by Presidential Decree Nos. 1694 and 1809. Any balances of existing fund which have been set aside by the government specifically as legal assistance or defense fund to help migrant workers shall, upon effectivity of this Act, to be turned over to, and form part of, the Fund created under this Act. Sec. 26. Uses of the Legal Assistance Fund. - The Legal Assistance Fund created under the preceeding section shall be used exclusively to provide legal services to migrant workers and overseas Filipinos in distress in accordance witht the guidelines, criteria and procedures promulgated in accordance with Section 24 (a) hereof. The expenditures to be charged against the Fund shall include the fees for the foreign lawyers to be hired by the Legal Assistance for Migrant Workers Affairs to represent migrant workers facing charges abroad, bail bonds to secure the temporary release of workers under detention, court fees and charges and other litigation expenses. VI. Country-Team Approach Sec. 27. Priority Concerns of Philippine Foreign Service Posts. - The country team approach, as enunciated under Executive Order No. 74, series of 1993, shall be the mode under which Philippine embassies or their personnel will operate in the protection of the Filipino migrant workers as well as in the promotion of their welfare. The protection of the Filipino migrant workers and the promotion of their welfare, in particular, and the protection of the dignity and fundamental rights and freedons of the Filipino citizen abroad, in general,

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shall be the highest priority concerns of the Secretary of Foreign Affairs and the Philippine Foreign Service Posts. Sec. 28. Country-Team Approach. - Under the country-team approach, all officers, representatives and personnel of the Philippine government posted abroad regardless of their mother agencies shall, on a per country basis, act as one country-team with a mission under the leadership of the ambassador. In this regard, the ambassador may recommend to the Secretary of the Department of Foreign Affairs the recall of officers, representatives and personnel of the Philippine government posted abroad for acts inimical to the national interest such as, but not limited to, failure to provide the necessary services to protect the rights of overseas Filipinos. Upon receipt of the recommendation of the ambassador, the Secretary of the Department of Foreign Affairs shall, in the case of officers, representatives and personnel of other departments, endorse such recommendation to the department secretary concerned for appropriate action. Pending investigation by an appropriate body in the Philippines, the person recommended for recall may be placed under preventive suspension by the ambassador. In host countries where there are Philippine consulates, such consulates shall also constitute part of the country-team under the leadership of the ambassador. In the implementation of the country-team approach, visiting Philippine delegations shall be provided full support and information. VII. Deregulation and Phase-Out Sec. 29. Comprehensive Deregulation Plan on Recruitment Activities. - Pursuant to a progressive policy of deregulation whereby the migration of workers becomes strictly a matter between the worker and his foreign employer, the DOLE within one (1) year from the effectivity of this Act, is hereby mandated to formulate a five-year comprehensive deregulation plan on recruitment activities taking into account labor market trends, economic conditions of the country and emergency circumstances which may affect the welfare of migrant workers. Sec. 30. Gradual Phase-Out of Regulatory Functions. - Within a period of five (5) years from the effectivity of this Act, the DOLE shall phase out the regulatory functions of the POEA pursuant to the objectives of deregulation. VII. Professional and Other Highly-Skilled Filipinos Abroad Sec. 31. Incentives to Professionals and Other Highly-Skilled Filipinos Abroad. - Pursuant to the objective of encouraging professionals and other highly-skilled Filipinos abroad especially in the field of science and technology to participate in, and contribute to national development, the government shall provide proper and adequate incentives and programs so as to secure their services in priority development areas of the public and private sectors. IX. Miscellaneous Provisions Sec. 32. POEA and OWWA Board; Additional Memberships. - Notwithstanding any provision of law to the contrary, the respective Boards of the POEA and the OWWA shall, in addition to their present composition, have three (3) members each who shall come from the women, sea-based and land-based sectors, respectively, to be appointed by the President in the same manner as the other members. Sec. 33. Report to Congress. - In order to inform the Philippine Congress on the implementation of the policy enunciated in Section 4 hereof, the Department of Foreign Affairs and the Department of Labor and Employment shall submit to the said body a semi-annual report of Philippine foreign posts located in countries hosting Filipino migrant workers. The report shall not be limited to the following information: (a) Masterlist of Filipino migrant workers, and inventory of pending cases involving them and other Filipino nationals including those serving prison terms; (b) Working conditions of Filipino migrant workers; (c) Problems encountered by the migrant workers, specifically violations of their rights; (d) Initiative/actions taken by the Philippine foreign posts to address the problems of Filipino migrant workers; (e) Changes in the laws and policies of host countries; and (f) Status of negotiations on bilateral labor agreements between the Philippines and the host country.

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Any officer of the government who fails to report as stated in the preceeding section shall be subjected to administrative penalty. Sec. 34. Representation in Congress. - Pursuant to Section 3(2), Article VI of the Constitution and in line with the objective of empowering overseas Filipinos to participate in the policy-making process to address Filipino migrant concerns, two (2) sectoral representatives for migrant workers in the House of Representatives shall be appointed by the President from the ranks of migrant workers: Provided, that at least one (1) of the two (2) sectoral representatives shall come from the women migrant workers sector: Provided, further, that all nominees must have at least two (2) years experience as a migrant worker. Sec. 35. Exemption from Travel Tax and Airport Fee. - All laws to the country notwithstanding, the migrant worker shall be exempt from the payment of travel tax and airport fee upon proper showing of proof of entitlement by the POEA. Sec. 36. Non-Increase of Fee; Abolition of Repatriation Bond. - Upon approval of this Act, all fees being charged by any government office on migrant workers shall remain at their present levels and the repatriation bond shall be established. Sec. 37. The Congressional Migrant Workers Scholarship Fund. - There is hereby created a Congressional Migrant Workers Scholarship Fund which shall benefit deserving migrant workers and/or their immediate descendants below twenty-one (21) years of age who intent to pursue courses or training primarily in the field of science and technology. The initial seed fund of two hundred million pesos (P200,000,000.00) shall be constituted from the following sources: (a) Fifty million pesos (P50,000,000.00) from the unexpected Countrywide Development Fund for 1995 in equal sharing by all members of Congress; and (b) The remaining one hundred fifty million pesos (P150,000,000.00) shall be funded from the proceeds of Lotto. The Congressional Migrant Workers Scholarship Fund as herein created shall be administered by the DOLE in coordination with the Department of Science and Technology (DOST). To carry out the objectives of this section, the DOLE and the DOST shall formulate the necessary rules and regulations. Sec. 38. Appropriation and Other Sources of Funding. - The amount necessary to carry out the provisions of this Act shall be provided for in the General Appropriations Act of the year following its enactment into law and thereafter. Sec. 39. Migrant Workers Day. - The day of signing by the President of this Act shall be designated as the Migrant Workers Day and shall henceforth be commemorated as such annually. Sec. 40. Implementing Rules and Regulations. - The departments and agencies charged with carrying out the provisions of this Act shall, within ninety (90) days after the effectivity of this Act, formulate the necessary rules and regulations for its effective implementation. Sec. 41. Repeating Clause. - All laws, decrees, executive orders, rules and regulations, or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Sec. 42. Separability Clause. - If, for any reason, any section or provision of this Act is held unconstitutional or invalid, the other sections or provisions hereof shall not be affected thereby. Sec. 43. Effectivity Clause. - This Act shall take effect after fifteen (15) days from its publication in the Official Gazette or in at least two (2) national newspapers of general circulation whichever comes earlier.

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viii. Republic Act No 6955 Mail Order Bride Act

Sec. 1. It is the policy of the state to ensure and guarantee the enjoyment of the people of a decent standard of living. Towards this end the State shall take measures to protect Filipino women from being exploited in utter disregard of human dignity in their pursuit of economic upliftment. Sec. 2. Pursuant thereto it hereby declared unlawful: (a) For a person natural or juridical, association, club or any other entity to commit directly or indirectly any of the following acts: (1) To establish or carry on a business which has for its purpose the matching of Filipino women for marriage to foreign nationals either on a mail order basis or personal introduction; (2) To advertise, publish, print or distribute or cause the advertisement, publication, printing or distribution of any brochure, flier or any propaganda material calculated to promote the prohibited acts in the preceding sub paragraph: (3) To solicit, enlist or in any manner attract or introduce any Filipino woman to become a member in any club or association whose objective is to match women for marriage to foreign nationals either on a mail order basis or through personal introduction for a fee (4) A To use the postal service to promote the prohibited acts in subparagraph 1 hereof. (b) For the manager or officer in charge or advertising manager or any newspaper, magazine, television or radio station, or other media, or of an advertising agency, printing company or other similar entities to knowingly allow, or consent to the acts prohibited in the preceding paragraph. Sec. 3. - In case of violation of this Act by an association, club, partnership, corporation or any other entity, the incumbent officers thereof or have knowingly participated in the violation of this Act shall be held liable. Sec. 4. - Any person found guilty by the court to have violated any of the acts herein prohibited shall suffer an imprisonment of not less than six (6) years and one (1) day but not more than an eight (8) years and a fine of not less than Eight thousand pesos (P8000) but not more than Twenty thousand pesos (20000): Provided that if the offender is a foreigner, he shall immediately be deported and barred forever from entering the country after serving his sentence and payment of fine. Sec. 5. - Nothing in this act shall be interpreted as a restriction on the freedom of speech and of association for purposes not contrary to law as guaranteed by the Constitution. Sec. 6. - All laws decree the orders instructions, rules and regulations, or parts thereof inconsistent with this Act are thereby repealed or modified accordingly. Sec. 7. - This Act shall take effect upon its publication for two ( 2) consecutive weeks in a newspaper of general circulation.

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ix. Republic Act No. 6981 Witness Protection Act

Sec. 1. Name of Act. - This Act shall be known as the "Witness Protection, Security and Benefit Act". Sec. 2. Implementation of Program. - The Department of Justice, hereinafter referred to as the Department, through its Secretary, shall formulate and implement a "Witness Protection, Security and Benefit Program", hereinafter referred to as the Program, pursuant to and consistent with the provisions of this Act. The Department may call upon any department, bureau, office or any other executive agency to assist in the implementation of the Program and the latter offices shall be under legal duty and obligation to render such assistance. Sec. 3. Admission into the Program. - Any person who has witnessed or has knowledge or information on the commission of a crime and has testified or is testifying or about to testify before any judicial or quasijudicial body, or before any investigating authority, may be admitted into the Program: Provided, That: a) the offense in which his testimony will be used is a grave felony as defined under the Revised Penal Code, or its equivalent under special laws; b) his testimony can be substantially corroborated in its material points; c) he or any member of his family within the second civil degree of consanguinity or affinity is subjected to threats to his life or bodily injury or there is a likelihood that he will be killed, forced, intimidated, harassed or corrupted to prevent him from testifying, or to testify falsely, or evasively, because or on account of his testimony; and d) he is not a law enforcement officer, even if he would be testifying against the other law enforcement officers. In such a case, only the immediate members of his family may avail themselves of the protection provided for under this Act. If the Department, after examination of said applicant and other relevant facts, is convinced that the requirements of this Act and its implementing rules and regulations have been complied with, it shall admit said applicant to the Program, require said witness to execute a sworn statement detailing his knowledge or information on the commission of the crime, and thereafter issue the proper certification. For purposes of this Act, any such person admitted to the Program shall be known as the Witness. Sec. 4. Witness in Legislative Investigations. - In case of legislative investigations in aid of legislation, a witness, with his express consent, may be admitted into the Program upon the recommendation of the legislative committee where his testimony is needed when in its judgment there is pressing necessity therefor: Provided, That such recommendation is approved by the President of the Senate or the Speaker of the House of Representatives, as the case may be. Sec. 5. Memorandum of Agreement With the Person to be Protected. - Before a person is provided protection under this Act, he shall first execute a memorandum of agreement which shall set forth his responsibilities including: a) to testify before and provide information to all appropriate law enforcement officials concerning all appropriate proceedings in connection with or arising from the activities involved in the offense charged; b) to avoid the commission of the crime;lawphi1 c) to take all necessary precautions to avoid detection by others of the facts concerning the protection provided him under this Act; d) to comply with legal obligations and civil judgments against him; e) to cooperate with respect to all reasonable requests of officers and employees of the Government who are providing protection under this Act; and f) to regularly inform the appropriate program official of his current activities and address. 1awphi1 Sec. 6. Breach of the Memorandum of Agreement. - Substantial breach of the memorandum of agreement shall be a ground for the termination of the protection provided under this Act: Provided, however, That before terminating such protection, the Secretary of Justice shall send notice to the person involved of the termination of the protection provided under this Act, stating therein the reason for such termination.

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Sec. 7. Confidentiality of Proceedings. - All proceedings involving application for admission into the Program and the action taken thereon shall be confidential in nature. No information or documents given or submitted in support thereof shall be released except upon written order of the Department or the proper court. Any person who violates the confidentiality of said proceedings shall upon conviction be punished with imprisonment of not less than one (1) year but not more than six (6) years and deprivation of the right to hold a public office or employment for a period of five (5) years. Sec. 8. Rights and Benefits. - The witness shall have the following rights and benefits: (a) To have a secure housing facility until he has testified or until the threat, intimidation or harassment disappears or is reduced to a manageable or tolerable level. When the circumstances warrant, the Witness shall be entitled to relocation and/or change of personal identity at the expense of the Program. This right may be extended to any member of the family of the Witness within the second civil degree of consanguinity or affinity. (b) The Department shall, whenever practicable, assist the Witness in obtaining a means of livelihood. The Witness relocated pursuant to this Act shall be entitled to a financial assistance from the Program for his support and that of his family in such amount and for such duration as the Department shall determine. (c) In no case shall the Witness be removed from or demoted in work because or on account of his absences due to his attendance before any judicial or quasi-judicial body or investigating authority, including legislative investigations in aid of legislation, in going thereto and in coming therefrom: Provided, That his employer is notified through a certification issued by the Department, within a period of thirty (30) days from the date when the Witness last reported for work: Provided, further, That in the case of prolonged transfer or permanent relocation, the employer shall have the option to remove the Witness from employment after securing clearance from the Department upon the recommendation of the Department of Labor and Employment. Any Witness who failed to report for work because of witness duty shall be paid his equivalent salaries or wages corresponding to the number of days of absence occasioned by the Program. For purposes of this Act, any fraction of a day shall constitute a full day salary or wage. This provision shall be applicable to both government and private employees. (d) To be provided with reasonable travelling expenses and subsistence allowance by the Program in such amount as the Department may determine for his attendance in the court, body or authority where his testimony is required, as well as conferences and interviews with prosecutors or investigating officers. (e) To be provided with free medical treatment, hospitalization and medicines for any injury or illness incurred or suffered by him because of witness duty in any private or public hospital, clinic, or at any such institution at the expense of the Program. (f) If a Witness is killed, because of his participation in the Program, his heirs shall be entitled to a burial benefit of not less than Ten thousand pesos (P10,000.00) from the Program exclusive of any other similar benefits he may be entitled to under other existing laws. (g) In case of death or permanent incapacity, his minor or dependent children shall be entitled to free education, from primary to college level in any state, or private school, college or university as may be determined by the Department, as long as they shall have qualified thereto. Sec. 9. Speedy Hearing or Trial. - In any case where a Witness admitted into the Program shall testify, the judicial or quasi-judicial body, or investigating authority shall assure a speedy hearing or trial and shall endeavor to finish said proceeding within three (3) months from the filing of the case. Sec. 10. State Witness. - Any person who has participated in the commission of a crime and desires to be a witness for the State, can apply and, if qualified as determined in this Act and by the Department, shall be admitted into the Program whenever the following circumstances are present: (a) the offense in which his testimony will be used is a grave felony as defined under the Revised Penal Code or its equivalent under special laws; (b) there is absolute necessity for his testimony; (c) there is no other direct evidence available for the proper prosecution of the offense committed: (d) his testimony can be substantially corroborated on its material points; (e) he does not appear to be most guilty; and

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(f) he has not at any time been convicted of any crime involving moral turpitude. An accused discharged from an information or criminal complaint by the court in order that he may be a State Witness pursuant to Section 9 and 10 of Rule 119 of the Revised Rules of Court may upon his petition be admitted to the Program if he complies with the other requirements of this Act. Nothing in this Act shall prevent the discharge of an accused, so that he can be used as a State Witness under Rule 119 of the Revised Rules of Court. Sec. 11. Sworn Statement. - Before any person is admitted into the Program pursuant to the next preceding Section he shall execute a sworn statement describing in detail the manner in which the offense was committed and his participation therein. If after said examination of said person, his sworn statement and other relevant facts, the Department is satisfied that the requirements of this Act and its implementing rules are complied with, it may admit such person into the Program and issue the corresponding certification. If his application for admission is denied, said sworn statement and any other testimony given in support of said application shall not be admissible in evidence, except for impeachment purposes. Sec. 12. Effect of Admission of a State Witness into the Program. - The certification of admission into the Program by the Department shall be given full faith and credit by the provincial or city prosecutor who is required not to include the Witness in the criminal complaint or information and if included therein, to petition the court for his discharge in order that he can utilized as a State Witness. The Court shall order the discharge and exclusion of the said accused from the information. Admission into the Program shall entitle such State Witness to immunity from criminal prosecution for the offense or offenses in which his testimony will be given or used and all the rights and benefits provided under Section 8 hereof. Sec. 13. Failure or Refusal of the Witness to Testify. - Any Witness registered in the Program who fails or refuses to testify or to continue to testify without just cause when lawfully obliged to do so, shall be prosecuted for contempt. If he testifies falsely or evasively, he shall be liable to prosecution for perjury. If a State Witness fails or refuses to testify, or testifies falsely or evasively, or violates any condition accompanying such immunity without just cause, as determined in a hearing by the proper court, his immunity shall be removed and he shall be subject to contempt or criminal prosecution. Moreover, the enjoyment of all rights and benefits under this Act shall be deemed terminated. The Witness may, however, purge himself of the contumacious acts by testifying at any appropriate stage of the proceedings. Sec. 14. Compelled Testimony. - Any Witness admitted into the Program pursuant to Sections 3 and 10 of this Act cannot refuse to testify or give evidence or produce books, documents, records or writings necessary for the prosecution of the offense or offenses for which he has been admitted into the Program on the ground of the constitutional right against self-incrimination but he shall enjoy immunity from criminal prosecution and cannot be subjected to any penalty or forfeiture for any transaction, matter or thing concerning his compelled testimony or books, documents, records and writings produced. In case of refusal of said Witness to testify or give evidence or produce books, documents, records, or writings, on the ground of the right against self-incrimination, and the state prosecutor or investigator believes that such evidence is absolutely necessary for a successful prosecution of the offense or offenses charged or under investigation, he, with the prior approval of the department, shall file a petition with the appropriate court for the issuance of an order requiring said Witness to testify, give evidence or produce the books, documents, records, and writings described, and the court shall issue the proper order. The court, upon motion of the state prosecutor or investigator, shall order the arrest and detention of the Witness in any jail contiguous to the place of trial or investigation until such time that the Witness is willing to give such testimony or produce such documentary evidence. Sec. 15. Perjury or Contempt. - No Witness shall be exempt from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion pursuant to this Act. The penalty next higher in degree shall be imposed in case of conviction for perjury. The procedure prescribed under Rule 71 of the Rules of Court shall be followed in contempt proceedings but the penalty to be imposed shall not be less than one (1) month but not more than one (1) year imprisonment.

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Sec. 16. Credibility of Witness. - In all criminal cases, the fact of the entitlement of the Witness to the protection and benefits provided for in this Act shall not be admissible in evidence to diminish or affect his credibility. Sec. 17. Penalty for Harassment of Witness. - Any person who harasses a Witness and thereby hinders, delays, prevents or dissuades a Witness from: (a) attending or testifying before any judicial or quasi-judicial body or investigating authority; (b) reporting to a law enforcement officer or judge the commission or possible commission of an offense, or a violation of conditions or probation, parole, or release pending judicial proceedings; (c) seeking the arrest of another person in connection with the offense; (d) causing a criminal prosecution, or a proceeding for the revocation of a parole or probation; or (e) performing and enjoying the rights and benefits under this Act or attempts to do so, shall be fined not more than Three thousand pesos (P3,000.00) or suffer imprisonment of not less than six (6) months but not more than one (1) year, or both, and he shall also suffer the penalty of perpetual disqualification from holding public office in case of a public officer. Sec. 18. Rules and Regulations. - The Department shall promulgate such rules and regulations as may be necessary to implement the intent and purposes of this Act. Said rules and regulations shall be published in two (2) newspapers of general circulation. Sec. 19. Repealing Clause. - All laws, decrees, executive issuances, rules and regulations inconsistent with this Act are hereby repealed or modified accordingly. Sec. 20. Funding. - The amount of Ten million pesos (P10,000,000.00) is hereby authorized to be appropriated out of any funds in the National Treasury not otherwise appropriated to carry into effect the purpose of this Act. Expenses incurred in the implementation of the Program may be recovered as part of the cost or indemnity imposed upon the accused. Furthermore, other funding schemes or sources, subject to the limitations of the law, shall be allowed in furtherance hereof. Sec. 21. Separability Clause. - The declaration of unconstitutionality or invalidity of any provision of this Act shall not affect the other provisions hereof. Sec. 22. Effectivity. - This Act shall take effect after fifteen (15) days following its publication in two (2) newspapers of general circulation.

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G. COMPARISON OF SPECIAL LAWS RELATED TO TRAFFICKING IN PERSONS


R.A. 9208 AntiTrafficking in Persons Act of 2003 R.A. 7610, as amended by R.A. 9231, Special Protection of Children Against Child Abuse, Exploitation & Discrimination Sec. 5 Child Prostitution and Other Sexual Abuse259 Sec. 6 Attempt to commit prostitution260 Sec. 7 Child Trafficking261 Sec. 8 Attempt to commit child trafficking262 Sec. 9 Obscene publications and indecent shows Sec. 10 Other acts of neglect, abuse, cruelty or exploitation and other conditions prejudicial to the child's development Sec. 16 Violation of any provision regarding working children Sec. 20 Discrimination against children of indigenous cultural communities R.A. 8239 Philippine Passport Act of 1996 R.A. 8042 Migrant Workers and Overseas Filipinos Act of 1995 R.A. 6955 MailOrder Bride Act

Punishable Acts

Sec. 4 Acts of trafficking in persons Sec. 5 Acts that promote trafficking in persons Sec. 7 Violation of confidentiality Sec. 11 Use of trafficked persons

Sec. 19 (a) Offenses relating to issuances (b) Offenses relating to false statements (c) Offenses relating to forgery (d) Offenses relating to improper use (e) Offenses relating to multiple possession

Sec. 6 Illegal recruitment: Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, procuring workers and includes referring, contact services, promising or advertising for employment abroad, whether for profit or not, undertaken by a non-license or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended otherwise known as the Labor Code of the Philippines.

Sec. 2 (a) (1) Establish or carry on a business which has for its purpose the matching of Filipino women for marriage to foreign nationals (2) Advertise, publish, print or distribute or cause the advertisement, publication, printing or distribution of any brochure, flier or any propaganda material calculated to promote the prohibited acts in the preceding sub paragraph: (3) Solicit, enlist or in any manner attract or introduce any Filipino woman to become a member in any club or association whose objective is to match women for

See Chapter One, Sec. E. See Chapter One, Sec. E. 261 See Chapter One, Sec. D. 262 See Chapter One, Sec. D.
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marriage to foreign nationals (4) Use the postal service to promote the prohibited acts in subparagraph 1 Sec. 2 (b) To knowingly allow, or consent to the acts prohibited in the preceding paragraph. Victim Assistance Sec. 16 Programs that address trafficking in persons Sec. 18 Preferential entitlement under the witness protection program Sec. 23 Mandatory services to trafficked persons Sec. 24 Other services for trafficked persons Sec. 25 Repatriation of trafficked persons Sec. 10 Acts of Trafficking: imprisonment 20 years Acts to promote Trafficking: imprisonment 15 years Qualified Sec. 20 (IRR of R.A. 9231) Access to immediate legal, medical and psycho-social services Sec. 13 Free legal assistance, preferential entitlement under the witness protection program Sec. 16 Mandatory repatriation of underage migrant workers

Penalties

Sec. 5 Child Prostitution and Other Sexual Abuse: Reclusion temporal in its medium period to reclusion perpetua Sec. 7 Child Trafficking: reclusion temporal

Sec. 19 Offenses Relating to: -Issuances: 18 months- 6 years imprisonment -False Statements: 3-10 years imprisonment

Sec. 7 a) illegal recruitment: imprisonment 6 years and 1 day 12 years b) Illegal recruitment constituting economic sabotage: Life imprisonment

Sec. 4 Violation of any of the punishable acts: imprisonment 6 years and 1day- 8 years

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Trafficking: Life imprisonment Violation of Confidentiality: imprisonment 6 years Sec. 11 Use of Trafficked person: First time: Community Service, Second and subsequent offenses: imprisonment 1 year Sec. 10(f) Permanent cancellation of license Sec. 14 Confiscation and forfeiture of proceeds and instruments derived from trafficking in persons to reclusion perpetua Sec. 8 Attempt to Commit Child Trafficking: penalty lower 2 degrees than that prescribed for the consummated felony under Section 7 Sec 9 Obscene Publications and Indecent Shows: prision mayor Sec.10, 16, 20, 31 Sec. 11 Immediate closure of establishment and cancellation of license Sec. 20 Suspension of accreditation -Forgery: 6-17 years imprisonment -Improper Use: 6-15 years imprisonment -Multiple Possession: 18 months- 6 years imprisonment

Sanctions for establishments/ properties