Republic of the Philippines

CONGRESS OF THE PHILIPPINES

Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.
REPUBLIC ACT No !"#$%
AN ACT E&PAN'ING REPUBLIC ACT NO. 9208( ENTITLE' )AN ACT TO INSTITUTE POLICIES TO
ELI*INATE TRAFFIC+ING IN PERSONS ESPECIALL, -O*EN AN' CHIL'REN( ESTABLISHING
THE NECESSAR, INSTITUTIONAL *ECHANIS*S FOR THE PROTECTION AN' SUPPORT OF
TRAFFIC+E' PERSONS( PRO.I'ING PENALTIES FOR ITS .IOLATIONS AN' FOR OTHER
PURPOSES)
Be it enacted by the Senate and House of Representatives of the Philippines in ongress asse!bled"
Se/tion ! Short #itle. This Act shall be known as the "Expanded Anti-Trafficking in Persons Act of 2!2"#
Se/tion 0 $ection 2 of Republic Act %o# &2' is hereb( a)ended to read as follows*
"$E+# 2# $eclaration of Policy. ,t is hereb( declared that the $tate -alues the dignit( of e-er( hu)an person
and guarantees the respect of indi-idual rights# ,n pursuit of this polic(. the $tate shall gi-e highest priorit( to
the enact)ent of )easures and de-elop)ent of progra)s that will pro)ote hu)an dignit(. protect the people
fro) an( threat of -iolence and exploitation. eli)inate trafficking in persons. and )itigate pressures for
in-oluntar( )igration and ser-itude of persons. not onl( to support trafficked persons but )ore i)portantl(.
to ensure their reco-er(. rehabilitation and reintegration into the )ainstrea) of societ(#
",t shall be a $tate polic( to recogni/e the e0ual rights and inherent hu)an dignit( of wo)en and )en as
enshrined in the 1nited %ations 1ni-ersal 2eclaration on 3u)an Rights. 1nited %ations +on-ention on the
Eli)ination of All 4or)s of 2iscri)ination Against 5o)en. 1nited %ations +on-ention on the Rights of the
+hild. 1nited %ations +on-ention on the Protection of Migrant 5orkers and their 4a)ilies. 1nited %ations
+on-ention Against Transnational 6rgani/ed +ri)e ,ncluding its Protocol to Pre-ent. $uppress and Punish
Trafficking in Persons. Especiall( 5o)en and +hildren and all other rele-ant and uni-ersall( accepted
hu)an rights instru)ents and other international con-entions to which the Philippines is a signator(#"
Se/tion # $ection 7 of Republic Act %o# &2' is hereb( a)ended to read as follows*
"$E+# 7# $efinition of #er!s. As used in this Act*
"8a9 #raffic%ing in Persons & refers to the recruit)ent. obtaining. hiring. pro-iding. offering.
transportation. transfer. )aintaining. harboring. or receipt of persons with or without the -icti):s
consent or knowledge. within or across national borders b( )eans of threat. or use of force. or other
for)s of coercion. abduction. fraud. deception. abuse of power or of position. taking ad-antage of the
-ulnerabilit( of the person. or. the gi-ing or recei-ing of pa()ents or benefits to achie-e the consent
of a person ha-ing control o-er another person for the purpose of exploitation which includes at a
)ini)u). the exploitation or the prostitution of others or other for)s of sexual exploitation. forced
labor or ser-ices. sla-er(. ser-itude or the re)o-al or sale of organs#
"The recruit)ent. transportation. transfer. harboring. adoption or receipt of a child for the purpose of
exploitation or when the adoption is induced b( an( for) of consideration for exploitati-e purposes
shall also be considered as ;trafficking in persons: e-en if it does not in-ol-e an( of the )eans set
forth in the preceding paragraph#
"8b9 hild refers to a person below eighteen 8!'9 (ears of age or one who is o-er eighteen 8!'9 but
is unable to full( take care of or protect hi)self<herself fro) abuse. neglect. cruelt(. exploitation. or
discri)ination because of a ph(sical or )ental disabilit( or condition#
"8c9 Prostitution refers to an( act. transaction. sche)e or design in-ol-ing the use of a person b(
another. for sexual intercourse or lasci-ious conduct in exchange for )one(. profit or an( other
consideration#
"8d9 'orced (abor refers to the extraction of work or ser-ices fro) an( person b( )eans of
entice)ent. -iolence. inti)idation or threat. use of. force or coercion. including depri-ation of
freedo). abuse of authorit( or )oral ascendanc(. debt-bondage or deception including an( work or
ser-ice extracted fro) an( person under the )enace of penalt(#
"8e9 Slavery refers to the status or condition of a person o-er who) an( or all of the powers
attaching to the right of ownership are exercised#
"8f9 )nvoluntary Servitude refers to a condition of enforced and co)pulsor( ser-ice induced b(
)eans of an( sche)e. plan or pattern. intended to cause a person to belie-e that if he or she did not
enter into or continue in such condition. he or she or another person would suffer serious har) or
other for)s of abuse or ph(sical restraint. or threat of abuse or har). or coercion including depri-ing
access to tra-el docu)ents and withholding salaries. or the abuse or threatened abuse of the legal
process#
"8g9 Se* #ouris! refers to a progra) organi/ed b( tra-el and touris)-related establish)ents and
indi-iduals which consists of touris) packages or acti-ities. utili/ing and offering escort and sexual
ser-ices as entice)ent for tourists# This includes sexual ser-ices and practices offered during rest and
recreation periods for )e)bers of the )ilitar(#
"8h9 Se*ual +*ploitation refers to participation b( a person in prostitution. pornograph( or the
production of pornograph(. in exchange for )one(. profit or an( other consideration or where the
participation is caused or facilitated b( an( )eans of inti)idation or threat. use of force. or other
for)s of coercion. abduction. fraud. deception. debt bondage. abuse of power or of position or of
legal process. taking ad-antage of the -ulnerabilit( of the person. or gi-ing or recei-ing of pa()ents
or benefits to achie-e the consent of a person ha-ing control o-er another person= or in sexual
intercourse or lasci-ious conduct caused or facilitated b( an( )eans as pro-ided in this Act#
"8i9 $ebt Bondage refers to the pledging b( the debtor of his<her personal ser-ices or labor or those
of a person under his<her control as securit( or pa()ent for a debt. when the length and nature of
ser-ices is not clearl( defined or when the -alue of the ser-ices as reasonabl( assessed is not applied
toward the li0uidation of the debt#
"8>9 Pornography refers to an( representation. through publication. exhibition. cine)atograph(.
indecent shows. infor)ation technolog(. or b( whate-er )eans. of a person engaged in real or
si)ulated explicit sexual acti-ities or an( representation of the sexual parts of a person for pri)aril(
sexual purposes#
"8k9 ouncil shall )ean the ,nter-Agenc( +ouncil Against Trafficking created under $ection 2 of
this Act#"
Se/tion % $ection ? of Republic Act %o# &2' is hereb( a)ended to read as follows*
"$E+# ?# ,cts of #raffic%ing in Persons. ,t shall be unlawful for an( person. natural or >uridical. to co))it
an( of the following acts*
"8a9 To recruit. obtain. hire. pro-ide. offer. transport. transfer. )aintain. harbor. or recei-e a person b(
an( )eans. including those done under the pretext of do)estic or o-erseas e)plo()ent or training or
apprenticeship. for the purpose of prostitution. pornograph(. or sexual exploitation=
"8b9 To introduce or )atch for )one(. profit. or )aterial. econo)ic or other consideration. an(
person or. as pro-ided for under Republic Act %o# @&AA. an( 4ilipino wo)an to a foreign national.
for )arriage for the purpose of ac0uiring. bu(ing. offering. selling or trading hi)<her to engage in
prostitution. pornograph(. sexual exploitation. forced labor. sla-er(. in-oluntar( ser-itude or debt
bondage=
"8c9 To offer or contract )arriage. real or si)ulated. for the purpose of ac0uiring. bu(ing. offering.
selling. or trading the) to engage in prostitution. pornograph(. sexual exploitation. forced labor or
sla-er(. in-oluntar( ser-itude or debt bondage=
"8d9 To undertake or organi/e tours and tra-el plans consisting of touris) packages or acti-ities for
the purpose of utili/ing and offering persons for prostitution. pornograph( or sexual exploitation=
"8e9 To )aintain or hire a person to engage in prostitution or pornograph(=
"8f9 To adopt persons b( an( for) of consideration for exploitati-e purposes or to facilitate the sa)e
for purposes of prostitution. pornograph(. sexual exploitation. forced labor. sla-er(. in-oluntar(
ser-itude or debt bondage=
"8g9 To adopt or facilitate the adoption of persons for the purpose of prostitution. pornograph(. sexual
exploitation. forced labor. sla-er(. in-oluntar( ser-itude or debt bondage=
"8h9 To recruit. hire. adopt. transport. transfer. obtain. harbor. )aintain. pro-ide. offer. recei-e or
abduct a person. b( )eans of threat or use of force. fraud. deceit. -iolence. coercion. or inti)idation
for the purpose of re)o-al or sale of organs of said person=
"8i9 To recruit. transport. obtain. transfer. harbor. )aintain. offer. hire. pro-ide. recei-e or adopt a
child to engage in ar)ed acti-ities in the Philippines or abroad=
"8>9 To recruit. transport. transfer. harbor. obtain. )aintain. offer. hire. pro-ide or recei-e a person b(
)eans defined in $ection 7 of this Act for purposes of forced labor. sla-er(. debt bondage and
in-oluntar( ser-itude. including a sche)e. plan. or pattern intended to cause the person either*
"8!9 To belie-e that if the person did not perfor) such labor or ser-ices. he or she or another
person would suffer serious har) or ph(sical restraint= or
"829 To abuse or threaten the use of law or the legal processes= and
"8k9 To recruit. transport. harbor. obtain. transfer. )aintain. hire. offer. pro-ide. adopt or recei-e a
child for purposes of exploitation or trading the). including but not li)ited to. the act of baring
and<or selling a child for an( consideration or for barter for purposes of exploitation# Trafficking for
purposes of exploitation of children shall include*
"8!9 All for)s of sla-er( or practices si)ilar to sla-er(. in-oluntar( ser-itude. debt bondage
and forced labor. including recruit)ent of children for use in ar)ed conflict=
"829 The use. procuring or offering of a child for prostitution. for the production of
pornograph(. or for pornographic perfor)ances=
"879 The use. procuring or offering of a child for the production and trafficking of drugs= and
"8?9 The use. procuring or offering of a child for illegal acti-ities or work which. b( its
nature or the circu)stances in which it is carried out. is likel( to har) their health. safet( or
)orals= and
"8l9 To organi/e or direct other persons to co))it the offenses defined as acts of trafficking under this Act#"
Se/tion 1 A new $ection ?-A is hereb( inserted in Republic Act %o# &2'. to read as follows*
"$E+# ?-A# ,tte!pted #raffic%ing in Persons. & 5here there are acts to initiate the co))ission of a
trafficking offense but the offender failed to or did not execute all the ele)ents of the cri)e. b( accident or b(
reason of so)e cause other than -oluntar( desistance. such o-ert acts shall be dee)ed as an atte)pt to
co))it an act of trafficking in persons# As such. an atte)pt to co))it an( of the offenses enu)erated in
$ection ? of this Act shall constitute atte)pted trafficking in persons#
",n cases where the -icti) is a child. an( of the following acts shall also be dee)ed as atte)pted trafficking
in persons*
"8a9 4acilitating the tra-el of a child who tra-els alone to a foreign countr( or territor( without -alid
reason therefor and without the re0uired clearance or per)it fro) the 2epart)ent of $ocial 5elfare
and 2e-elop)ent. or a written per)it or >ustification fro) the child:s parent or legal guardian=
"8b9 Executing. for a consideration. an affida-it of consent or a written consent for adoption=
"8c9 Recruiting a wo)an to bear a child for the purpose of selling the child=
"8d9 $i)ulating a birth for the purpose of selling the child= and
"8e9 $oliciting a child and ac0uiring the custod( thereof through an( )eans fro) a)ong hospitals.
clinics. nurseries. da(care centers. refugee or e-acuation centers. and low-inco)e fa)ilies. for the
purpose of selling the child#"
Se/tion $ A new $ection ?-B is hereb( inserted in Republic Act %o# &2'. to read as follows*
"$E+# ?-B# ,cco!plice (iability. 5hoe-er knowingl( aids. abets. cooperates in the execution of the offense
b( pre-ious or si)ultaneous acts defined in this Act shall be punished in accordance with the pro-isions of
$ection !8c9 of this Act#"
Se/tion 2 A new $ection ?-+ is hereb( inserted in Republic Act %o# &2'. to read as follows*
"$E+# ?-+# ,ccessories. 5hoe-er has the knowledge of the co))ission of the cri)e. and without ha-ing
participated therein. either as principal or as acco)plices. take part in its co))ission in an( of the following
)anners*
"8a9 B( profiting the)sel-es or assisting the offender to profit b( the effects of the cri)e=
"8b9 B( concealing or destro(ing the bod( of the cri)e or effects or instru)ents thereof. in order to
pre-ent its disco-er(=
"8c9 B( harboring. concealing or assisting in the escape of the principal of the cri)e. pro-ided the
accessor( acts with abuse of his or her public functions or is known to be habituall( guilt( of so)e
other cri)e#
"Acts defined in this pro-ision shall be punished in accordance with the pro-ision of $ection !8d9 as stated
thereto#"
Se/tion 3 $ection A of Republic Act %o# &2' is hereb( a)ended to read as follows*
"$E+# A# ,cts that Pro!ote #raffic%ing in Persons. The following acts which pro)ote or facilitate
trafficking in persons. shall be unlawful*
"8a9 xxx
"8b9 To produce. print and issue or distribute unissued. ta)pered or fake counseling certificates.
registration stickers. o-erseas e)plo()ent certificates or other certificates of an( go-ern)ent agenc(
which issues these certificates. decals and such other )arkers as proof of co)pliance with
go-ern)ent regulator( and pre-departure re0uire)ents for the purpose of pro)oting trafficking in
persons=
"8c9 xxx
"8d9 xxx
"8e9 xxx
"8f9 xxx
"8g9 xxx
"8h9 To ta)per with. destro(. or cause the destruction of e-idence. or to influence or atte)pt to
influence witnesses. in an in-estigation or prosecution of a case under this Act=
"8i9 To destro(. conceal. re)o-e. confiscate or possess. or atte)pt to destro(. conceal. re)o-e.
confiscate or possess. an( actual or purported passport or other tra-el. i))igration or working per)it
or docu)ent. or an( other actual or purported go-ern)ent identification. of an( person in order to
pre-ent or restrict. or atte)pt to pre-ent or restrict. without lawful authorit(. the person:s libert( to
)o-e or tra-el in order to )aintain the labor or ser-ices of that person= or
"8>9 To utili/e his or her office to i)pede the in-estigation. prosecution or execution of lawful orders
in a case under this Act#"
Se/tion 4 $ection @ of Republic Act %o# &2' is hereb( a)ended to read as follows*
"$E+# @# -ualified #raffic%ing in Persons. & Ciolations of $ection ? of this Act shall be considered as
0ualified trafficking*
"x x x
"8d9 5hen the offender is a spouse. an ascendant. parent. sibling. guardian or a person who exercises
authorit( o-er the trafficked person or when the offense is co))itted b( a public officer or e)plo(ee=
"x x x
"8f9 5hen the offender is a )e)ber of the )ilitar( or law enforce)ent agencies=
"8g9 5hen b( reason or on occasion of the act of trafficking in persons. the offended part( dies. beco)es
insane. suffers )utilation or is afflicted with 3u)an ,))unodeficienc( Cirus 83,C9 or the Ac0uired ,))une
2eficienc( $(ndro)e 8A,2$9=
"8h9 5hen the offender co))its one or )ore -iolations of $ection ? o-er a period of sixt( 8@9 or )ore da(s.
whether those da(s are continuous or not= and
"8i9 5hen the offender directs or through another )anages the trafficking -icti) in carr(ing out the
exploitati-e purpose of trafficking#"
Se/tion !" $ection D of Republic Act %o# &2' is hereb( a)ended to read as follows*
"$E+# D# onfidentiality. & At an( stage of the in-estigation. rescue. prosecution and trial of an offense under
this Act. law enforce)ent officers. prosecutors. >udges. court personnel. social workers and )edical
practitioners. as well as parties to the case. shall protect the right to pri-ac( of the trafficked person# Towards
this end. law enforce)ent officers. prosecutors and >udges to who) the co)plaint has been referred )a(.
whene-er necessar( to ensure a fair and i)partial proceeding. and after considering all circu)stances for the
best interest of the parties. order a closed-door in-estigation. prosecution or trial# The na)e and personal
circu)stances of the trafficked person or an( other infor)ation tending to establish the identit( of the
trafficked person and his or her fa)il( shall not be disclosed to the public#
",t shall be unlawful for an( editor. publisher. and reporter or colu)nist in case of printed )aterials.
announcer or producer in case of tele-ision and radio. producer and director of a fil) in case of the )o-ie
industr(. or an( person utili/ing tri-)edia facilities or electronic infor)ation technolog( to cause publicit( of
the na)e. personal circu)stances. or an( infor)ation tending to establish the identit( of the trafficked person
except when the trafficked person in a written state)ent dul( notari/ed knowingl(. -oluntaril( and willingl(
wai-es said confidentialit(#
"Eaw enforce)ent officers. prosecutors. >udges. court personnel. social workers and )edical practitioners
shall be trained on the i)portance of )aintaining confidentialit( as a )eans to protect the right to pri-ac( of
-icti)s and to encourage -icti)s to file co)plaints#"
Se/tion !! $ection ' of Republic Act %o# &2' is hereb( a)ended to read as follows*
"$E+# '# )nitiation and Prosecution of ases.
"8a9 )nitiation of )nvestigation. Eaw enforce)ent agencies are )andated to i))ediatel( initiate
in-estigation and counter-trafficking-intelligence gathering upon receipt of state)ents or affida-it fro)
-icti)s of trafficking. )igrant workers. or their fa)ilies who are in possession of knowledge or infor)ation
about trafficking in persons cases#
"8b9 Prosecution of ases. & An( person who has personal knowledge of the co))ission of an( offense
under this Act. such as the trafficked person. the parents. spouse. siblings. children or legal guardian )a( file
a co)plaint for trafficking#
"8c9 ,ffidavit of $esistance. & +ases in-ol-ing trafficking in persons should not be dis)issed based on the
affida-it of desistance executed b( the -icti)s or their parents or legal guardians# Public and pri-ate
prosecutors are directed to oppose and )anifest ob>ections to )otions for dis)issal#
"An( act in-ol-ing the )eans pro-ided in this Act or an( atte)pt thereof for the purpose of securing an
Affida-it of 2esistance fro) the co)plainant shall be punishable under this Act#"
Se/tion !0 $ection ! of Republic Act %o# &2' is hereb( a)ended to read as follows*
"$E+# !# Penalties and Sanctions. The following penalties and sanctions are hereb( established for the
offenses enu)erated in this Act*
"8a9 An( person found guilt( of co))itting an( of the acts enu)erated in $ection ? shall suffer the penalt( of
i)prison)ent of twent( 829 (ears and a fine of not less than 6ne )illion pesos 8P!..#9 but not )ore
than Two )illion pesos 8P2..#9=
"8b9 An( person found guilt( of co))itting an( of the acts enu)erated in $ection ?-A of this Act shall suffer
the penalt( of i)prison)ent of fifteen 8!A9 (ears and a fine of not less than 4i-e hundred thousand pesos
8PA.#9 but not )ore than 6ne )illion pesos 8P!..#9=
"8c9 An( person found guilt( of $ection ?-B of this Act shall suffer the penalt( of i)prison)ent of fifteen
8!A9 (ears and a fine of not less than 4i-e hundred thousand pesos 8PA.#9 but not )ore than 6ne
)illion pesos 8P!..#9=
",n e-er( case. con-iction shall cause and carr( the auto)atic re-ocation of the license or registration of the
recruit)ent agenc( in-ol-ed in trafficking# The license of a recruit)ent agenc( which trafficked a child shall
be auto)aticall( re-oked#
"8d9 An( person found. guilt( of co))itting an( of the acts enu)erated in $ection A shall suffer the penalt(
of i)prison)ent of fifteen 8!A9 (ears and a fine of not less than 4i-e hundred thousand pesos 8 PA.#9
but not )ore than 6ne )illion pesos 8P!..#9=
"8e9 An( person found guilt( of 0ualified trafficking under $ection @ shall suffer the penalt( of life
i)prison)ent and a fine of not less than Two )illion pesos 8P2..#9 but not )ore than 4i-e )illion
pesos 8PA..#9=
"8f9 An( person who -iolates $ection D hereof shall suffer the penalt( of i)prison)ent of six 8@9 (ears and a
fine of not less than 4i-e hundred thousand pesos 8PA.#9 but not )ore than 6ne )illion pesos
8P!..#9=
"8g9 ,f the offender is a corporation. partnership. association. club. establish)ent or an( >uridical person. the
penalt( shall be i)posed upon the owner. president. partner. )anager. and<or an( responsible officer who
participated in the co))ission of the cri)e or who shall ha-e knowingl( per)itted or failed to pre-ent its
co))ission=
"8h9 The registration with the $ecurities and Exchange +o))ission 8$E+9 and license to operate of the erring
agenc(. corporation. association. religious group. tour or tra-el agent. club or establish)ent. or an( place of
entertain)ent shall be cancelled and re-oked per)anentl(# The owner. president. partner or )anager thereof
shall not be allowed to operate si)ilar establish)ents in a different na)e=
"8i9 ,f the offender is a foreigner. he or she shall be i))ediatel( deported after ser-ing his or her sentence and
be barred per)anentl( fro) entering the countr(=
"8>9 An( e)plo(ee or official of go-ern)ent agencies who shall issue or appro-e the issuance of tra-el exit
clearances. passports. registration certificates. counseling certificates. )arriage license. and other si)ilar
docu)ents to persons. whether >uridical or natural. recruit)ent agencies. establish)ents or other indi-iduals
or groups. who fail to obser-e the prescribed procedures and the re0uire)ent as pro-ided for b( laws. rules
and regulations. shall be held ad)inistrati-el( liable. without pre>udice to cri)inal liabilit( under this Act#
The concerned go-ern)ent official or e)plo(ee shall. upon con-iction. be dis)issed fro) the ser-ice and be
barred per)anentl( to hold public office# 3is or her retire)ent and other benefits shall likewise be forfeited=
and
"8k9 +on-iction. b( final >udg)ent of the adopter for an( offense under this Act shall result in the i))ediate
rescission of the decree of adoption#"
Se/tion !# $ection !! of Republic Act %o# &2' is hereb( a)ended to read as follows*
"$E+# !!# .se of #raffic%ed Persons. & An( person who bu(s or engages the ser-ices of a trafficked person
for prostitution shall be penali/ed with the following* Provided, That the Probation Eaw 8Presidential 2ecree
%o# &@'9 shall not appl(*
"8a9 Prision orreccional in its )axi)u) period to prision !ayor or six 8@9 (ears to twel-e 8!29
(ears i)prison)ent and a fine of not less than 4ift( thousand pesos 8PA.#9 but not )ore than
6ne hundred thousand pesos 8P!.#9* Provided, however, That the following acts shall be
exe)pted thereto*
"8!9 ,f an offense under paragraph 8a9 in-ol-es sexual intercourse or lasci-ious conduct with a child.
the penalt( shall be reclusion te!poral in its )ediu) period to reclusion perpetua or se-enteen 8!D9
(ears to fort( 8?9 (ears i)prison)ent and a fine of not less than 4i-e hundred thousand pesos
8PA.#9 but not )ore than 6ne )illion pesos 8P!..#9=
"829 ,f an offense under paragraph 8a9 in-ol-es carnal knowledge of. or sexual intercourse with. a
)ale or fe)ale trafficking -icti) and also in-ol-es the use of force or inti)idation. to a -icti)
depri-ed of reason or to an unconscious -icti). or a -icti) under twel-e 8!29 (ears of age. instead of
the penalt( prescribed in the subparagraph abo-e the penalt( shall be a fine of not less than 6ne
)illion pesos 8P!..#9 but not )ore than 4i-e )illion pesos 8PA..#9 and
i)prison)ent of reclusion perpetua or fort( 8?9 (ears i)prison)ent with no possibilit( of parole=
except that if a person -iolating paragraph 8a9 of this section knows the person that pro-ided
prostitution ser-ices is in fact a -icti) of trafficking. the offender shall not be likewise penali/ed
under this section but under $ection ! as a person -iolating $ection ?= and if in co))itting such an
offense. the offender also knows a 0ualif(ing circu)stance for trafficking. the offender shall be
penali/ed under $ection ! for 0ualified trafficking# ,f in -iolating this section the offender also
-iolates $ection ?. the offender shall be penali/ed under $ection ! and. if applicable. for 0ualified
trafficking instead of under this section=
"8b9 $eportation. ,f a foreigner co))its an( offense described b( paragraph 8!9 or 829 of this
section or -iolates an( pertinent pro-ision of this Act as an acco)plice or accessor( to. or b(
atte)pting an( such offense. he or she shall be i))ediatel( deported after ser-ing his or her sentence
and be barred per)anentl( fro) entering the countr(= and
"8c9 Public /fficial. & ,f the offender is a public official. he or she shall be dis)issed fro) ser-ice
and shall suffer perpetual absolute dis0ualification to hold public. office. in addition to an(
i)prison)ent or fine recei-ed pursuant to an( other pro-ision of this Act#"
Se/tion !% $ection !2 of Republic Act %o# &2' is hereb( a)ended to read as follows*
"$E+# !2# Prescriptive Period. Trafficking cases under this Act shall prescribe in ten 8!9 (ears*Provided,
however, That trafficking cases co))itted b( a s(ndicate or in a large scale as defined under $ection @. or
against a child. shall prescribe in twent( 829 (ears#
"The prescripti-e period shall co))ence to run fro) the da( on which the trafficked person is deli-ered or
released fro) the conditions of bondage. or in the case of a child -icti). fro) the da( the child reaches the
age of )a>orit(. and shall be interrupted b( the filing of the co)plaint or infor)ation and shall co))ence to
run again when the proceedings ter)inate without the accused being con-icted or ac0uitted or are
un>ustifiabl( stopped for an( reason not i)putable to the accused#"
Se/tion !1 $ection !@ of Republic Act %o# &2' is hereb( a)ended to read as follows*
"$E+# !@# Progra!s that ,ddress #raffic%ing in Persons. The go-ern)ent shall establish and i)ple)ent
pre-enti-e. protecti-e and rehabilitati-e progra)s for trafficked persons# 4or this purpose. the following
agencies are hereb( )andated to i)ple)ent the following progra)s*
"8a9 2epart)ent of 4oreign Affairs 824A9 shall )ake a-ailable its resources and facilities o-erseas
for trafficked persons regardless of their )anner of entr( to the recei-ing countr(. and explore )eans
to further enhance its assistance in eli)inating trafficking acti-ities through closer networking with
go-ern)ent agencies in the countr( and o-erseas. particularl( in the for)ulation of policies and
i)ple)entation of rele-ant progra)s# ,t shall pro-ide 4ilipino -icti)s of trafficking o-erseas with
free legal assistance and counsel to pursue legal action against his or her traffickers. represent his or
her interests in an( cri)inal in-estigation or prosecution. and assist in the application for social
benefits and<or regular i))igration status as )a( be allowed or pro-ided for b( the host countr(# The
24A shall repatriate trafficked 4ilipinos with the consent of the -icti)s#
"The 24A shall take necessar( )easures for the efficient i)ple)entation of the Electronic
Passporting $(ste) to protect the integrit( of Philippine passports. -isas and other tra-el docu)ents
to reduce the incidence of trafficking through the use of fraudulent identification docu)ents#
",n coordination with the 2epart)ent of Eabor and E)plo()ent. it shall pro-ide free te)porar(
shelters and other ser-ices to 4ilipino -icti)s of trafficking o-erseas through the )igrant workers and
other o-erseas 4ilipinos resource centers established o-erseas under Republic Act %o# '?2. as
a)ended#
"8b9 2epart)ent of $ocial 5elfare and 2e-elop)ent 82$529 shall i)ple)ent rehabilitati-e and
protecti-e progra)s for trafficked persons# ,t shall pro-ide counseling and te)porar( shelter to
trafficked persons and de-elop a s(ste) for accreditation a)ong %F6s for purposes of establishing
centers and progra)s for inter-ention in -arious le-els of the co))unit(# ,t shall establish free
te)porar( shelters. for the protection and housing of trafficked persons to pro-ide the following basic
ser-ices to trafficked persons*
"8!9 Te)porar( housing and food facilities=
"829 Ps(chological support and counseling=
"879 2?-hour call center for crisis calls and technolog(-based counseling and referral s(ste)=
"8?9 +oordination with local law enforce)ent entities= and
"8A9 +oordination with the 2epart)ent of Gustice. a)ong others#
"The 2$52 )ust conduct infor)ation ca)paigns in co))unities and schools teaching parents and
fa)ilies that recei-ing consideration in exchange for adoption is punishable under the law#
4urther)ore. infor)ation ca)paigns )ust be conducted with the police that the( )ust not induce
poor wo)en to gi-e their children up for adoption in exchange for consideration#
"8c9 2epart)ent of Eabor and E)plo()ent 826EE9 shall ensure the strict i)ple)entation and
co)pliance with the rules and guidelines relati-e to the e)plo()ent of persons locall( and o-erseas#
,t shall likewise )onitor. docu)ent and report cases of trafficking in persons in-ol-ing e)plo(ers
and labor recruiters#
"8d9 2epart)ent of Gustice 826G9 shall ensure the prosecution of persons accused of trafficking and
designate and train special prosecutors who shall handle and prosecute cases of trafficking# ,t shall
also establish a )echanis) for free legal assistance for trafficked persons. in coordination with the
2$52. ,ntegrated Bar of the Philippines 8,BP9 and other %F6s and -olunteer groups#
"8e9 Philippine +o))ission on 5o)en 8P+59 shall acti-el( participate and coordinate in the
for)ulation and )onitoring of policies addressing the issue of trafficking in persons in coordination
with rele-ant go-ern)ent agencies# ,t shall likewise ad-ocate for the inclusion of the issue of
trafficking in persons in both its local and international ad-ocac( for wo)en:s issues#
"8f9 Bureau of ,))igration 8B,9 shall strictl( ad)inister and enforce i))igration and alien
ad)inistration laws# ,t shall adopt )easures for the apprehension of suspected traffickers both at the
place of arri-al and departure and shall ensure co)pliance b( the 4ilipino fiancHs<fiancHes and
spouses of foreign nationals with the guidance and counseling re0uire)ent as pro-ided for in this
Act#
"8g9 Philippine %ational Police 8P%P9 and %ational Bureau of ,n-estigation 8%B,9 shall be the
pri)ar( law enforce)ent agencies to undertake sur-eillance. in-estigation and arrest of indi-iduals
or persons suspected to be engaged in trafficking# The( shall closel( coordinate with each other and
with other law enforce)ent agencies to secure concerted efforts for effecti-e in-estigation and
apprehension of suspected traffickers# The( shall also establish a s(ste) to recei-e co)plaints and
calls to assist trafficked persons and conduct rescue operations#
"8h9 Philippine 6-erseas E)plo()ent Ad)inistration 8P6EA9 and 6-erseas 5orkers and 5elfare
Ad)inistration 8655A9 P6EA shall i)ple)ent Pre-E)plo()ent 6rientation $e)inars 8PE6$9
while Pre-2eparture 6rientation $e)inars 8P26$9 shall be conducted b( the 655A# ,t shall
likewise for)ulate a s(ste) of pro-iding free legal assistance to trafficked persons. in coordination
with the 24A#
"The P6EA shall create a blacklist of recruit)ent agencies. illegal recruiters and persons facing
ad)inistrati-e. ci-il and cri)inal co)plaints for trafficking filed in the recei-ing countr( and<or in
the Philippines and those agencies. illegal recruiters and persons in-ol-ed in cases of trafficking who
ha-e been rescued b( the 24A and 26EE in the recei-ing countr( or in the Philippines e-en if no
for)al ad)inistrati-e. ci-il or cri)inal co)plaints ha-e been filed* Provided, That the rescued
-icti)s shall execute an affida-it attesting to the acts -iolati-e of the anti-trafficking law# This
blacklist shall be posted in conspicuous places in concerned go-ern)ent agencies and shall be
updated bi-)onthl(#
"The blacklist shall likewise be posted b( the P6EA in the shared go-ern)ent infor)ation s(ste).
which is )andated to be established under Republic Act %o# '?2. as a)ended#
"The P6EA and 655A shall accredit %F6s and other ser-ice pro-iders to conduct PE6$ and
P26$. respecti-el(# The PE6$ and P26$ should include the discussion and distribution of the
blacklist#
"The license or registration of a recruit)ent agenc( that has been blacklisted )a( be suspended b(
the P6EA upon a re-iew of the co)plaints filed against said agenc(#
"8i9 2epart)ent of the ,nterior and Eocal Fo-ern)ent 82,EF9 shall institute a s(ste)atic
infor)ation and pre-ention ca)paign in coordination with pertinent agencies of go-ern)ent as
pro-ided for in this Act# ,t shall pro-ide training progra)s to local go-ern)ent units. in coordination
with the +ouncil. in ensuring wide understanding and application of this Act at the local le-el#
"8>9 +o))ission on 4ilipinos 6-erseas shall conduct pre-departure counseling ser-ices for
4ilipinos in inter)arriages# ,t shall de-elop a s(ste) for accreditation of %F6s that )a( be
)obili/ed for purposes of conducting pre-departure counseling ser-ices for 4ilipinos in
inter)arriages# As such. it shall ensure that the counselors conte)plated under this Act shall ha-e the
)ini)u) 0ualifications and training of guidance counselors as pro-ided for b( law#
",t shall likewise assist in the conduct of infor)ation ca)paigns against trafficking in coordination
with local go-ern)ent units. the Philippine ,nfor)ation Agenc(. and %F6s#
"8k9 Eocal go-ern)ent units 8EF1s9 shall )onitor and docu)ent cases of trafficking in persons in
their areas of >urisdiction. effect the cancellation of licenses of establish)ents which -iolate the
pro-isions of this Act and ensure effecti-e prosecution of such cases# The( shall also undertake an
infor)ation ca)paign against trafficking in persons through the establish)ent of the Migrants
Ad-isor( and ,nfor)ation %etwork 8MA,%9 desks in )unicipalities or pro-inces in coordination
with the 2,EF. Philippine ,nfor)ation Agenc( 8P,A9. +o))ission on 4ilipinos 6-erseas 8+469.
%F6s and other concerned agencies# The( shall encourage and support co))unit(-based initiati-es
which address the trafficking in persons#
",n i)ple)enting this Act. the agencies concerned )a( seek and enlist the assistance of %F6s.
people:s organi/ations 8P6s9. ci-ic organi/ations and other -olunteer groups#"
Se/tion !$ A new $ection !@-A is hereb( inserted into Republic Act %o# &2'. to read as follows*
"$E+# !@-A# ,nti-#raffic%ing in Persons $atabase. An anti-trafficking in persons central database shall be
established b( the ,nter-Agenc( +ouncil Against Trafficking created under $ection 2 of this Act# The
+ouncil shall sub)it a report to the President of the Philippines and to +ongress. on or before Ganuar( !A of
e-er( (ear. with respect to the preceding (ear:s progra)s and data on trafficking-related cases#
"All go-ern)ent agencies tasked under the law to undertake progra)s and render assistance to address
trafficking in persons shall de-elop their respecti-e )onitoring and data collection s(ste)s. and databases. for
purposes of ensuring efficient collection and storage of data on cases of trafficking in persons handled b(
their respecti-e offices# $uch data shall be sub)itted to the +ouncil for integration in a central database
s(ste)#
"4or this purpose. the +ouncil is hereb( tasked to ensure the har)oni/ation and standardi/ation of databases.
including )ini)u) data re0uire)ents. definitions. reporting for)ats. data collection s(ste)s. and data
-erification s(ste)s# $uch databases shall ha-e. at the )ini)u). the following infor)ation*
"8a9 The nu)ber of cases of trafficking in persons. sorted according to status of cases. including the
nu)ber of cases being in-estigated. sub)itted for prosecution. dropped. and filed and<or pending
before the courts and the nu)ber of con-ictions and ac0uittals=
"8b9 The profile<infor)ation on each case=
"8c9 The nu)ber of -icti)s of trafficking in persons referred to the agenc( b( destination
countries<areas and b( area of origin= and
"8d9 2isaggregated data on trafficking -icti)s and the accused<defendants#"
Se/tion !2 $ection !D of Republic Act %o# &2' is hereb( a)ended to read as follows*
"$E+# !D# (egal Protection to #raffic%ed Persons. & Trafficked persons shall be recogni/ed as -icti)s of the
act or acts of trafficking and as such. shall not be penali/ed for unlawful acts co))itted as a direct result of.
or as an incident or in relation to. being trafficked based on the acts of trafficking enu)erated in this Act or in
obedience to the order )ade b( the trafficker in relation thereto# ,n this regard. the consent of a trafficked
person to the intended exploitation set forth in this Act shall be irrele-ant#
"Cicti)s of trafficking for purposes of prostitution as defined under $ection ? of this Act are not co-ered b(
Article 22 of the Re-ised Penal +ode and as such. shall not be prosecuted. fined. or otherwise penali/ed
under the said law#"
Se/tion !3 A new $ection !D-A is hereb( inserted into Republic Act %o# &2'. to read as follows*
"$E+# !D-A# #e!porary ustody of #raffic%ed 0icti!s. The rescue of -icti)s should be done as )uch as
possible with the assistance of the 2$52 or an accredited %F6 that ser-ices trafficked -icti)s# A law
enforce)ent officer. on a reasonable suspicion that a person is a -icti) of an( offense defined under this Act
including atte)pted trafficking. shall i))ediatel( place that person in the te)porar( custod( of the local
social welfare and de-elop)ent office. or an( accredited or licensed shelter institution de-oted to protecting
trafficked persons after the rescue#"
Se/tion !4 A new $ection !D-B is hereb( inserted into Republic Act %o# &2'. to read as follows*
"$E+# !D-B# )rrelevance of Past Se*ual Behavior, /pinion #hereof or Reputation of 0icti!s and of onsent of
0icti!s in ases of $eception, oercion and /ther Prohibited Means. & The past sexual beha-ior or the
sexual predisposition of a trafficked person shall be considered inad)issible in e-idence for the purpose of
pro-ing consent of the -icti) to engage in sexual beha-ior. or to pro-e the predisposition. sexual or
otherwise. of a trafficked person# 4urther)ore. the consent of a -icti) of trafficking to the intended
exploitation shall be irrele-ant where an( of the )eans set forth in $ection 78a9 of this Act has been used#"
Se/tion 0" A new $ection !D-+ is hereb( inserted into Republic Act %o# &2'. to read as follows*
"$E+# !D-+# )!!unity fro! Suit, Prohibited ,cts and )n1unctive Re!edies. %o action or suit shall be
brought. instituted or )aintained in an( court or tribunal or before an( other authorit( against an(* 8a9 law
enforce)ent officer= 8b9 social worker= or 8c9 person acting in co)pliance with a lawful order fro) an( of the
abo-e. for lawful acts done or state)ents )ade during an authori/ed rescue operation. reco-er( or
rehabilitation<inter-ention. or an in-estigation or prosecution of an anti-trafficking case* Provided, That such
acts shall ha-e been )ade in good faith#
"The prosecution of retaliator( suits against -icti)s of trafficking shall be held in abe(ance pending final
resolution and decision of cri)inal co)plaint for trafficking#
",t shall be prohibited for the 24A. the 26EE. and the P6EA officials. law enforce)ent officers. prosecutors
and >udges to urge co)plainants to abandon their cri)inal. ci-il and ad)inistrati-e co)plaints for trafficking#
"The re)edies of in>unction and attach)ent of properties of the traffickers. illegal recruiters and persons
in-ol-ed in trafficking )a( be issued !otu proprio b( >udges#"
Se/tion 0! $ection 2 of Republic Act %o# &2' is hereb( a)ended to read as follows*
"$E+# 2# )nter-,gency ouncil ,gainst #raffic%ing. & There is hereb( established an ,nter-Agenc( +ouncil
Against Trafficking. to be co)posed of the $ecretar( of the 2epart)ent of Gustice as +hairperson and the
$ecretar( of the 2epart)ent of $ocial 5elfare and 2e-elop)ent as +o-+hairperson and shall ha-e the
following as )e)bers*
"8a9 $ecretar(. 2epart)ent of 4oreign Affairs=
"8b9 $ecretar(. 2epart)ent of Eabor and E)plo()ent=
"8c9 $ecretar(. 2epart)ent of the ,nterior and Eocal Fo-ern)ent=
"8d9 Ad)inistrator. Philippine 6-erseas E)plo()ent Ad)inistration=
"8e9 +o))issioner. Bureau of ,))igration=
"8f9 +hief. Philippine %ational Police=
"8g9 +hairperson. Philippine +o))ission on 5o)en=
"8h9 +hairperson. +o))ission on 4ilipinos 6-erseas=
"8i9 Executi-e 2irector. Philippine +enter for Transnational +ri)es= and
"8>9 Three 879 representati-es fro) %F6s. who shall include one 8!9 representati-e each fro) a)ong
the sectors representing wo)en. o-erseas 4ilipinos. and children. with a pro-en record of
in-ol-e)ent in the pre-ention and suppression of trafficking in persons# These representati-es shall
be no)inated b( the go-ern)ent agenc( representati-es of the +ouncil. for appoint)ent b( the
President for a ter) of three 879 (ears#
"The )e)bers of the +ouncil )a( designate their per)anent representati-es who shall ha-e a rank not lower
than an assistant secretar( or its e0ui-alent to )eetings. and shall recei-e e)olu)ents as )a( be deter)ined
b( the +ouncil in accordance with existing budget and accounting rules and regulations#"
Se/tion 00 $ection 22 of Republic Act %o# &2' is hereb( a)ended to read as follows*
"$E+# 22# Secretariat to the ouncil. The 2epart)ent of Gustice shall establish the necessar( $ecretariat for
the +ouncil#
"The secretariat shall pro-ide support for the functions and pro>ects of the +ouncil# The secretariat shall be
headed b( an executi-e director. who shall be appointed b( the $ecretar( of the 26G upon the
reco))endation of the +ouncil# The executi-e director )ust ha-e ade0uate knowledge on. training and
experience in the pheno)enon of and issues in-ol-ed in trafficking in persons and in the field of law. law
enforce)ent. social work. cri)inolog(. or ps(cholog(#
"The executi-e director shall be under the super-ision of the ,nter-Agenc( +ouncil Against Trafficking
through its +hairperson and +o-+hairperson. and shall perfor) the following functions*
"8a9 Act as secretar( of the +ouncil and ad)inistrati-e officer of its secretariat=
"8b9 Ad-ise and assist the +hairperson in for)ulating and i)ple)enting the ob>ecti-es. policies.
plans and progra)s of the +ouncil. including those in-ol-ing )obili/ation of go-ern)ent offices
represented in the +ouncil as well as other rele-ant go-ern)ent offices. task forces. and )echanis)s=
"8c9 $er-e as principal assistant to the +hairperson in the o-erall super-ision of council
ad)inistrati-e business=
"8d9 6-ersee all council operational acti-ities=
"8e9 Ensure an effecti-e and efficient perfor)ance of council functions and pro)pt i)ple)entation of
council ob>ecti-es. policies. plans and progra)s=
"8f9 Propose effecti-e allocations of resources for i)ple)enting council ob>ecti-es. policies. plans
and progra)s=
"8g9 $ub)it periodic reports to the +ouncil on the progress of council ob>ecti-es. policies. plans and
progra)s=
"8h9 Prepare annual reports of all council acti-ities= and
"8i9 Perfor) other duties as the +ouncil )a( assign#"
Se/tion 0# A new $ection 2@-A is hereb( inserted into Republic Act %o# &2'. to read as follows*
"$E+# 2@-A# +*tra-#erritorial Jurisdiction. & The $tate shall exercise >urisdiction o-er an( act defined and
penali/ed under this Act. e-en if co))itted outside the Philippines and whether or not such act or acts
constitute an offense at the place of co))ission. the cri)e being a continuing offense. ha-ing been
co))enced in the Philippines and other ele)ents ha-ing been co))itted in another countr(. if the suspect or
accused*
"8a9 ,s a 4ilipino citi/en= or
"8b9 ,s a per)anent resident of the Philippines= or
"8c9 3as co))itted the act against a citi/en of the Philippines#
"%o prosecution )a( be co))enced against a person under this section if a foreign go-ern)ent. in
accordance with >urisdiction recogni/ed b( the Philippines. has prosecuted or is prosecuting such person for
the conduct constituting such offense. except upon the appro-al of the $ecretar( of Gustice#
"The go-ern)ent )a( surrender or extradite persons accused of trafficking in the Philippines to the
appropriate international court if an(. or to another $tate pursuant to the applicable extradition laws and
treaties#"
Se/tion 0% $ection 2' of Republic Act %o# &2' is hereb( a)ended. to read as follows*
"$E+# 2'# 'unding. & The a)ount necessar( to i)ple)ent the pro-isions of this Act shall be charged against
the current (ear:s appropriations of the ,nter-Agenc( +ouncil Against Trafficking under the budget of the
26G and the appropriations of the other concerned depart)ents# Thereafter. such su)s as )a( be necessar(
for the continued i)ple)entation of this Act shall be included in the annual Feneral Appropriations Act#"!Iwphi!
Se/tion 01 A new $ection 2'-A is hereb( inserted into Republic Act %o# &2'. to read as follows*
"$E+# 2'-A# ,dditional 'unds for the ouncil. The a)ount collected fro) e-er( penalt(. fine or asset
deri-ed fro) an( -iolation of this Act shall be ear)arked as additional funds for the use of the +ouncil# The
fund )a( be aug)ented b( grants. donations and endow)ent fro) -arious sources. do)estic or foreign. for
purposes related to their functions. sub>ect to the existing accepted rules and regulations of the +o))ission
on Audit#"
Se/tion 0$ $ection 72 of Republic Act %o# &2' of the Repealing +lause is hereb( a)ended to read as follows*
"$E+# 72# Repealing lause. Article 22 of the Re-ised Penal +ode. as a)ended. and all laws. acts.
presidential decrees. executi-e orders. ad)inistrati-e orders. rules and regulations inconsistent with or
contrar( to the pro-isions of this Act are dee)ed a)ended. )odified or repealed accordingl(* Provided,That
this Act shall not in an( wa( a)end or repeal the pro-isions of Republic Act %o# D@!. otherwise known as
the ;$pecial Protection of +hild Against +hild Abuse. Exploitation and 2iscri)ination Act#:"
Se/tion 02 $ection 77 of Republic Act %o# &2' is hereb( a)ended to read as follows*
"$E+# 77# +ffectivity. This Act shall take effect fifteen 8!A9 da(s following its co)plete publication in at
least two 829 newspapers of general circulation#"
Appro-ed.
8$gd#9 5UAN PONCE ENRILE
President of the $enate
8$gd#9 FELICIANO BEL*ONTE 5R
$peaker of the 3ouse of Representati-es
This Act which is a consolidation of 3ouse Bill %o# @77& and $enate Bill %o# 2@2A was finall( passed b( the 3ouse
of Representati-es and the $enate on 2ece)ber ?. 2!2 and 2ece)ber A. 2!2. respecti-el(#
8$gd#9 E**A LIRIO6RE,ES
$ecretar( of $enate
8$gd#9 *ARIL,N B BARUA6,AP
$ecretar( Feneral
3ouse of Representati-es
Appro-ed* 4EB @ 2!7
7Sgd8 BENIGNO S A9UINO III
President of the Philippines