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This is different from preliminary investigation but it serves the same purpose:

to protect the rights of a detained person.


Custodial investigation involves any questioning by law enforcement people
after a person is taken into custody or deprived of his freedom in any significant
manner. That includes "inviting" a person to be investigated in connection of a
crime of which he's suspect and without prejudice to the "inviting" officer for
any violation of law. If a person is taken into custody and the
interrogation/questioning tends to elicit incriminating statements, RA 7438
becomes operative (People vs. Tan, GR 117321, February 11, 1998.) Application
of actual force or restraint isn't necessary; intent to arrest is sufficient as well as
the intent of the detainee/arrested person to submit while thinking that
submission is necessary. It will also apply if the "invitation" is given by the
military and the designated interrogation site is a military outpost (Sanchez vs.
Demetriou, GR 111771-77, November 9, 1993.)
Once a person has been taken into police custody the rules of RA 7438 are to be
applied. The rights of a person under custodial investigation are the following:
1.) To be assisted by counsel (and you can demand it!)
2.) To be informed by the arresting officer, in a language he can understand, of
his right to remain silent and to counsel (and if he can't afford one, he'll be
provided one)
3.) The custodial investigation report will be null and void if it hasn't been read
and explained to him by counsel before he signed (or thumbmarked if he's
illiterate) it
4.) Extrajudicial confessions must be put in writing and must be signed by him
in the presence of counsel or, if there's a valid waiver, any one of his parents,
older
siblings,
spouse,
municipal
mayor,
municipal
judge, district
school supervisor or a priest or religious minister chosen by him
5.) The waiver of a person under custodial investigation or detained under Art.
125 of the Revised Penal Code (delay in delivering detained persons to the
proper judicial authority) must be put in writing and signed by the detainee in
the presence of counsel or it will be null and void
6.) To be visited by, or have conferences with, members of his immediate
family, counsel, doctor, priest or religious minister or any national NGO duly
accredited by the CHR or international NGO duly accredited by the office of the
President
The immediate family includes the following: spouse, parents, children, siblings,
grandparents, grandchildren, uncles, aunts, nephews, nieces, guardians,
wardsand girlfriends and boyfriends.
If the assisting counsel is a private practitioner, he is entitled to the following
amounts for his services in the custodial investigation:

1.) Php150 if the crime in question is a light felony


2.) Php250 if it's a grave or less grave felony
3.) Php350 if it's a capital offense
This will be paid by the city or municipal government where
the custodial investigation is performed and payable by the province in question
if the city/municipality can't pay -and the municipal/city treasurer
must certify that there is no money first.
If counsel is absent, a custodial investigation can't proceed and the detainee
must be treated in accordance with Art. 125 of the Revised Penal Code.
Penalties
If the arresting officer fails to inform the detainee or arrested person of his
rights, he will be sentenced to 8 to 10 years' imprisonment and/or a fine of
Php6,000. And if he was previously convicted for a similar offense, he gets
perpetual absolute disqualification as well.
The same penalty will also apply if the detainee or arrested person can't afford
counsel's services and the arresting officers/authorities don't provide counsel.
Obstructing counsel, immediate family members, doctors, priests or religious
ministers from visiting or conferring with the detainee at any time of the day (or
night in urgent cases, like when the detainee needs to have the sacrament of
anointing the sick administered to him) will be penalized by 4 to 6 years'
imprisonment and a fine of Php4,000.
A person under a normal audit investigation is not considered to be
under custodialinvestigation since a COA audit examiner isn't considered an
arresting officer under RA 7438 (Navallo vs. Sandiganbayan, 234 SCRA 175.)
RA 9851
Working against this legalistic backdrop, the study looks into the salient provisions
and principles of the IHL; the Republic Act (RA) 9851, otherwise known as the Act on
Crimes Against International Law, Genocide, and Other Crimes Against Humanity; as
well as the Internal Peace and Security Plan (IPSP) in the Philippines. A review of
these policy documents unravels perceived gaps in the comprehension and
application of internationally agreed principles on humanitarian law in the context of
the protracted insurgency in the Philippines. To ensure that the IHL principles are
incorporated in the domestic system, states are encouraged to adopt the
humanitarian law through legislation.18 The enactment of RA 9851 gives teeth to
the enforcement of the IHL by making it part of national statutes. This shows the
growing commitment and maturity of government, particularly the security sector,

to adhere to the principles of IHL. The state, as the party to non-international


conflict or NIAC, has the responsibility to protect human rights in conflict situations.
This is one of the core principles upheld in the comprehensive approach to security
sector reform in democratic nations. To resolve the systemic problem of insurgency,
especially in underdeveloped societies, all parties to the conflict must abide to
national and international humanitarian laws. Details and protocol suited to the
complexities on the ground must be crafted in order to make IHL work for all parties
involved in armed conflicts. All stakeholders must be involved, most especially the
dissident elements that take up arms as an option to revolutionize what they
believe is an unjust system of government.
Aside from the State and rebel groups, it must be taken into account that the
primary stakeholders in a security dilemma are the civilian populace and the
communities. In this regard, the vigilance and involvement of civil society and
international organizations are needed to ensure that the rule of law and human
security are respected. The participation of all concerned will help in understanding
the principles and provisions of the law for the faithful compliance by security actors
on the ground. The intensive campaign of government, civil society, and the
international community for the IHL will aid in the effective monitoring and
prosecution of the violations of the humanitarian law. The Philippines etched on
stone a national law which would make violators liable not only under the Philippine
court but also under the international court of justice. Nevertheless, the Philippines
as a democratic nation would still uphold the protection of human rights both in
times of war and peace even if RA 9851 had not been legislated. Enacting an
enabling law is a landmark; but implementing it with due prosecution of violators is
a milestone that will signify national commitment towards the protection of human
rights in conflict areas in the country
RA 9745

R.A. No. 9745, anti-torture act of 2009

In accordance with my previous promise, I am digesting below the salient parts of


the newly approved R.A. No. 9745 otherwise known as the ANTI-TORTURE ACT
OF 2009 of the Philippines.
(Note: As in all other Philippine human rights-related laws, we still have to wait and
see how serious, sincere, and honest the military and police sectors of the Philippine
society would enforce and respect the letter and spirit of the new law. As we all
know, the military and police officers and personnel are the number one human
rights violators in the Philippines, abetted and funded by national and local war,
drug, and crime lords and by regional and local political dynasties -- as if we still live
in the deplorable and sick middle ages of the feudal 9th-century Europe).
Let me digest the new law.

Sec. 2 of the new law declares the policy of the State:


(a) to value the dignity of every human person and guarantee full respect for
human rights;
(b) to ensure that the rights of all persons, including suspects, detainees and
prisoners are respected at all times; that no person placed under investigation or
held in custody by any person in authority or agent of a person in authority shall be
subjected to torture, physical harm, force, violence, threat or intimidation or any act
that impairs his/her free will; and that secret detention places, solitary,
incommunicado or other similar forms of detention, where torture may be carried
out with impunity, are hereby prohibited; and
(c) to fully adhere to the principles and standards on the absolute condemnation
and prohibition of torture set by the 1987 Philippine Constitution and various
international instruments, such as the International Covenant on Civil and Political
Rights (ICCPR), the Convention on the Rights of the Child (CRC), the Convention on
the Elimination of All Forms of
Discrimination Against Women (CEDAW) and the Convention Against Torture and
Other Cruel, Inhuman and Degrading Treatment or Punishment (CAT), to which the
Philippines is a State party.
Under Sec. 3, torture refers to an act by which severe pain or suffering, whether
physical or mental, is intentionally inflicted on a person for such purposes as
obtaining from him/her or a third person information or a confession; punishing
him/her for an act he/she or a third person has committed or is suspected of having
committed; or intimidating or coercing him/her or a third person; or for any reason
based on discrimination of any kind, when such pain or suffering is inflicted by or at
the instigation of or with the consent or acquiescence of a person in authority or
agent of a person in authority. It does not include pain or suffering arising only from,
inherent in or incidental to lawful sanctions.
Other cruel, inhuman and degrading treatment or punishment refers to a
deliberate and aggravated treatment or punishment not enumerated under Section
4 of this Act, inflicted by a person in authority or agent of a person in authority
against a person under his/her custody, which attains a level of severity causing
suffering, gross humiliation or debasement to the latter.
Sec. 4 provides that torture (physical and mental) shall include, but is not be limited
to, the following:
(a) Physical torture is a form of treatment or punishment inflicted by a person in

authority or agent of a person in authority upon another in his/her custody that


causes severe pain, exhaustion, disability or dysfunction of one or more parts of the
body, such as:
1. systematic beating, headbanging, punching, kicking, striking with truncheon or
rifle butt or other similar objects, and jumping on the stomach;
2. food deprivation or forcible feeding with spoiled food, animal or human excreta
and other stuff or substances not normally eaten;
3. electric shock;
4. cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing
of pepper or other chemical substances on mucous membranes, or acids or spices
directly on the wound(s);
5. the submersion of the head in water or water polluted with excrement, urine,
vomit and/or blood until the brink of suffocation;
6. being tied or forced to assume fixed and stressful bodily position;
7. rape and sexual abuse, including the insertion of foreign bodies into the sex
organ or rectum, or electrical torture of the genitals;
8. mutilation or amputation of the essential parts of the body such as the genitalia,
ear, tongue, etc.;
9. dental torture or the forced extraction of the teeth;
10. pulling out of fingernails;
11. harmful exposure to the elements such as sunlight and extreme cold;
12. the use of plastic bag and other materials placed over the head to the point of
asphyxiation;
13. the use of psychoactive drugs to change the perception, memory, alertness or
will of a person, such as: (i) the administration of drugs to induce confession and/or
reduce mental competency; or (ii) the use of drugs to induce extreme pain or
certain symptoms of a disease; and
14. other analogous acts of physical torture; and
(b) Mental/Psychological torture refers to acts committed by a person in authority or

agent of a person in authority which are calculated to affect or confuse the mind
and/or undermine a persons dignity and morale, such as:
1. blindfolding;
2. threatening a person(s) or his/her relative(s) with bodily harm, execution or other
wrongful acts;
3. confinement in solitary cells or secret detention places;
4. prolonged interrogation;
5. preparing a prisoner for a show trial, public display or publichumiliation of a
detainee or prisoner;
6. causing unscheduled transfer of a person deprived of liberty from one place
to another, creating the belief that he/she shall be summarily executed;
7. maltreating a member/s of a persons family;
8. causing the torture sessions to be witnessed by the persons family, relatives or
any third party;
9. denial of sleep/rest;
10. shame infliction such as stripping the person naked, parading him/her in public
places, shaving the victims head or putting marks on his/her body against his/her
will;
11. deliberately prohibiting the victim to communicate with any member of his/her
family; and
12. other analogous acts of mental/psychological torture.
Per Sec. 5, other cruel, inhuman or degrading treatment or punishment refers to a
deliberate and aggravated treatment or punishment not enumerated under Section
4 of this Act, inflicted by a person in authority or agent of a person in authority
against another person in custody, which attains a level of severity sufficient to
cause suffering, gross humiliation or debasement to the latter. The assessment of
the level of severity shall depend on all the circumstances of the case, including the
duration of the treatment or punishment, its physical and mental effects and, in
some cases, the sex, religion, age and state of health of the victim.
Sec. 6 expressly declares that torture as a criminal act. No exceptional

circumstances whatsoever, whether a state of war or a threat of war, internal


political instability or any other public emergency, may be invoked as a justification
for torture. An Order of Battle or any order from a superior officer or public
authority shall not be invoked as a justification for the commission of torture.
Sec. 7 commands that any confession, admission or statement obtained as a result
of torture shall not be invoked as evidence in any proceedings, except against a
person accused of torture as evidence that said confession, admission or statement
was made.
Sec. 8 provides that any individual who alleges that he/she has been subjected to
torture and other cruel, inhuman and degrading treatment or punishment shall have
the right to complain to and to have his/her case promptly and impartially examined
by competent authorities. The State through its appropriate agencies shall ensure
the safety of the complainant or victim and all other persons involved in the
investigation and prosecution of cases of torture and other cruel, inhuman and
degrading treatment or punishment such as the legal counsel, witnesses, relatives
of the victims, representatives of human rights organizations and media. They shall
be entitled to the Witness Protection, Security and Benefit Program, as provided
under Republic Act No. 6981, and other laws, rules and regulations. They shall be
protected from ill-treatment and any act of intimidation or reprisal as a result of the
complaint or filing of charges. Any person committing such acts shall be punished
under existing laws.
Under Sec. 9 a writ of habeas corpus or writ of amparo or writ of habeas data
proceeding, if any, filed on behalf of the victim of torture or other cruel, degrading
and inhuman treatment or punishment shall be disposed of expeditiously and any
order of release by virtue thereof, or other appropriate order of a court relative
thereto, shall be executed or complied with immediately.
Sec. 10 commandes the the Commission on Human Rights of the Philippines (CHRP)
and the Public Attorneys Office (PAO) to render legal assistance in the investigation
and monitoring and/or filing of the complaint for a person who suffers torture and
other cruel, inhuman and degrading treatment or punishment, or for any interested
party thereto.
The victim or interested party may also seek legal assistance from the Barangay
Human Rights Action Center nearest him/her as well as from human rights
nongovernment organizations (NGOs).
Under Sec. 11, before and after interrogation, every person arrested, detained or
under custodial investigation shall have the right to be informed of his/her right to
demand a physical examination by an independent and competent doctor of his/her
own choice. If such person cannot afford the services of his/her own doctor, he/she
shall be provided by the State with a competent and independent doctor to conduct

physical examination. The State shall endeavour to provide the victim with
psychological evaluation if available under the circumstances. If the person arrested
is a female, she shall be attended to preferably by a female doctor. Furthermore,
any person arrested, detained or under custodial investigation shall have the right
to immediate access to quality medical treatment.
The physical examination and/or psychological evaluation of the victim shall be
contained in a medical report which shall include in detail his/her medical history
and findings, and which shall be attached to the custodial investigation report.
Following applicable protocol agreed upon by agencies, medical reports shall,
among others, include the following:
(a) The name, age and address of the patient;
(b) The name and address of the nearest of kin of the patient;
(c) The name and address of the person who brought the patient to a hospital clinic
or to a health care practitioner for physical and psychological examination;
(d) The nature and probable cause of the patients injuries and trauma;
(e) The approximate time and date when the injury and/or trauma was sustained;
(f) The place where the injury and/or trauma was sustained;
(g) The time, date and nature of treatment necessary; and
(h) The diagnosis, prognosis and/or disposition of the patient.
Any person who does not wish to avail of the rights under this provision may
knowingly and voluntarily waive such rights in writing, executed in the presence and
assistance of his/her counsel.
Sec. 12 expressly provides that any person who actually participated or induced
another in the commission of torture or other cruel, inhuman and degrading
treatment or punishment or who cooperated in the execution of the act of torture by
previous or simultaneous acts shall be liable as principal. Any superior military,
police or law enforcement officer or senior government official who issued an order
to a lower ranking personnel to subject a victim to torture or other cruel, inhuman
and degrading treatment or punishment for whatever purpose shall be held equally
liable as principal. Any public officer or employee shall be liable as an accessory if
he/she has knowledge that torture or other cruel, inhuman and degrading treatment
or punishment is being committed and without having participated therein, either as
principal or accomplice, takes part subsequent to its commission in any of the
following manner:
(a) By themselves profiting from or assisting the offender to profit from the effects
of the act of torture or other cruel, inhuman and degrading treatment or
punishment;
(b) By concealing the act of torture or other cruel, inhuman and degrading

treatment or punishment and/or destroying the effects or instruments thereof in


order to prevent its discovery; or
(c) By harboring, concealing or assisting in the escape of the principal/s in the act of
torture or other cruel, inhuman and degrading treatment or punishment: Provided,
That the accessory acts are done with the abuse of the officials public functions.
Command responsibility is enshrined in the new law. Under Sec. 13,the immediate
superior of the unit concerned of the Armed Forces of the Philippines or the
equivalent senior official of the offender shall be held accountable for neglect of
duty under the doctrine of command responsibility if he/she has knowledge of or,
owing to the circumstances at the time, should have known that acts of torture or
other cruel, inhuman and degrading treatment or punishment shall be committed, is
being committed or has been committed by his/her subordinates or by others within
his/her area of responsibility and, despite such knowledge, did not take preventive
or corrective action either before, during or immediately after its commission, when
he/she has the authority to prevent or investigate allegations of torture or other
cruel, inhuman and degrading treatment or punishment but failed to prevent or
investigate allegations of such act, whether deliberately or due to negligence, shall,
without prejudice to criminal liability, be held administratively liable under the
principle of command responsibility.
Sec. 14 provides for the penalty of reclusion perpetua upon the perpetrators of the
following acts:
1. Torture resulting in the death of any person;
2. Torture resulting in mutilation;
3. Torture with rape;
4. Torture with other forms of sexual abuse and, in consequence of torture, the
victim shall have become insane, imbecile, impotent, blind or maimed for life; and
5. Torture committed against children.
The penalty of reclusion temporal shall be imposed on those who commit any act of
mental/psychological torture resulting in insanity, complete or partial amnesia, fear
of becoming insane or suicidal tendencies of the victim due to guilt, worthlessness
or shame.
The penalty of prision mayor in its medium and maximum periods shall be imposed
if, in consequence of torture, the victim shall have lost the power of speech or the
power to hear or to smell; or shall have lost an eye, a hand, a foot, an arm or a leg;
or shall have lost the use of any such member; or shall have become permanently
incapacitated for labor.
The penalty of prision mayor in its minimum and medium periods shall be imposed

if, in consequence of torture, the victim shall have become deformed or shall have
lost any part of his/her body other than those aforecited, or shall have lost the use
thereof, or shall have been ill or incapacitated for labor for a period of more than
ninety (90) days.
The penalty of prision correccional in its maximum period to prision mayor in its
minimum period shall be imposed if, in consequence of torture, the victim shall
have been ill or incapacitated for labor for more than thirty (30) days but not more
than ninety (90) days.
The penalty of prision correccional in its maximum period shall be imposed on the
immediate officer who, either deliberately or by inexcusable negligence, failed to do
an act even if he/she has knowledge or, owing to the circumstances at the time,
should have known that acts of torture or other cruel, inhuman or degrading
treatment or punishment shall be committed, is being committed or has been
committed by his/her subordinates or by others within his/her area of responsibility
and, despite such knowledge, did not take preventive or corrective action either
before, during or immediately after its commission, when he/she has the authority
to prevent or investigate allegations of torture or other cruel, inhuman and
degrading treatment or punishment.
The penalty of prision correccional in its minimum and medium period shall be
imposed if, in consequence of torture, the victim shall have been ill or incapacitated
for labor for thirty (30) days or less.
The penalty of arresto mayor shall be imposed for acts constituting cruel, inhuman
or degrading treatment or punishment.
In order not to depreciate the crime of torture, persons who have committed any act
of torture shall not benefit from any special amnesty law or similar measures that
will have the effect of exempting them from any criminal proceedings and
sanctions. (Sec. 15).
Sec. 16 provides for the international law aspect of the crime. Notwithstanding the
provisions of the foregoing section, any investigation, trial and decision in any
Philippine court or other agency for any violation of this Act shall be without
prejudice to any investigation, trial, decision or any other legal or administrative
process before the appropriate international court or agency under applicable
international human rights and humanitarian laws.
Sec. 17 provides that no person shall be expelled, returned or extradited to another
State where there are substantial grounds for believing that such person would be
in danger of being subjected to torture and other cruel, inhuman and degrading
treatment or punishment.

For the purpose of determining whether there are such grounds, the Secretary of
Foreign Affairs and the Secretary of Justice, in coordination with the Chairperson of
the CHRP, shall take into account all relevant considerations including, where
applicable, the existence in the requesting State of a consistent pattern of gross,
flagrant or mass violations of human rights.
Sec. 18 contains the compensation clause of the law. Any person who has suffered
torture or other cruel, inhuman and degrading treatment or punishment shall have
the right to claim for compensation as provided for under Republic Act No. 7309:
Provided, That in no case shall the compensation be any lower; than Ten thousand
pesos (P10,000.00). The victim shall also have the right to claim for compensation
from such other financial relief programs that may be available to him/her.
Sec. 19 provides that within one (1) year from the effectivity of this Act, the
Department of Social Welfare and Development (DSWD), together with the
Department of Justice (DOJ) and the Department of Health (DOH) and such other
concerned government agencies, shall formulate a comprehensive rehabilitation
program for victims of torture and their families. Toward the attainment of
restorative justice, a parallel rehabilitation program for persons who have
committed torture and other cruel, inhuman and degrading treatment or
punishment shall likewise be formulated by the same agencies.
Sec. 20 assigns the CHRP as the head of the oversight committee to monitor the
enforcement of the new law. An oversight committee is created to periodically
oversee the implementation of this Act. The committee shall be headed by a
commissioner of the CHRP, with the following as members: an undersecretary of the
DOJ, the chairperson of the Senate Committee on Justice and Human Rights, the
respective chairpersons of the House of Representatives Committees on Justice and
Human Rights and the respective chairpersons of two (2) nationally organized
human rights NGOs, one of whose functions is the monitoring of cases of torture
and other
cruel, inhuman and degrading treatment or punishment.
Sec. 22 provides that the provisions of the Revised Penal Code shall be suppletory
to the new law.
Sec. 24 commands the DOJ and the CHRP, with the active participation of human
rights NGOs, to jointly promulgate the rules and regulations for the effective
implementation of this Act. They shall also ensure the full dissemination of such
rules and regulations to all officers and members of various law enforcement
agencies.

Batas Laban sa Trafficking RA 9208


Q: Ano ang krimen na trafficking in persons?
A: Ito ay ang panghihikayat, pagbabyahe, paglilipat, pamamahala, pagtatago o pagtanggap ng mga tao,
may pahintulot man o wala ng biktima, sa loob man, patungo o palabas ng bansa, sa pamamagitan ng
pagbabanta o puwersa, o anumang uri ng pamimilit, panlilinlang, pang-aabuso ng kapangyarihan o
katayuan, pananamantala sa kahinaan ng iba, o ang pagbibigay o pagtanggap ng kabayaran o benepisyo
upang makamit ang pahintulot ng isang tao na may awtoridad o superbisyon sa iba, na may layon ng
pananamantala at pang-aabuso, kabilang ang prostitusyon, sapilitang paggawa, at pagbebenta ng parte
ng bahagi ng katawan ng tao.
Ang pangangalap, pagbabyahe, pamamahala sa mga bata o pagtanggap sa kanila mula sa iba na may
layon ng pananamantala ay tinuturing din na trafficking in persons kahit wala ang mga kaparaanang
nakasaad sa itaas.
Q: Anu-ano ang mga aktong itinuturing na paglabag sa ilalim ng batas?
1. Pangangalap, pagbabyahe, pagtataglay, pagbibigay o pagtanggap ng tao sa anumang paraan, na
may pangako ng trabaho, lokal man o sa ibang bansa, para sa nakatagong layunin ng prostitusyon,
pornograpiya, sapilitang trabaho o pang-aalipin.
2. Ang pagpapakilala o pagpapares para sa kita o anumang uri ng materyal o ekonomikong benepisyo,
sinuman, kabilang ang babaeng Pilipina, sa isang banyaga, para sa kasal na may layong makamtan,
mabili, maipagbili o maipagpalit ang biktima at kalaunay isangkot sya sa prostitusyon, pornograpiya,
sekswal na pananamantala, sapilitang trabaho o pang-aalipin.
3. Ang pag-aalok ng kasal, peke man o hindi, upang makamtan, mabili, maipagbili o maipagpalit ang
biktima at kalaunay isangkot sya sa prostitusyon, pornograpiya, sekswal na pananamantala, sapilitang
trabaho o pang-aalipin.
4. Ang pagbubuo ng mga tourism packages na naglalayong mag-alok ng mga tao para sa prostitusyon,
pornograpiya o sekswal na pananamantala.
5. Ang pagbabayad sa tao para sa prostitusyon o pornograpiya.
6. Ang pag-aampon o pagtulong sa proseso ng pag-ampon para sa mga layunin ng prostitusyon,
pornograpiya, sekswal na pananamantala, sapilitang trabaho o pang-aalipin.
7. Ang pangangalap, pagtanggap, pag-ampon, paglilipat o pagdukot sa isang tao sa pamamagitan ng
pananakot, puwersa o dahas upang tanggalan at ibenta ang bahagi ng katawan ng biktima.
8. Ang pangangalap, paglilipat o pag-ampon sa isang bata upang siyay isangkot sa mga armadong
pagkilos, sa loob man o labas ng bansa.
Iba pang mga akto ng paglabag:
1. Ang pagpapagamit o pagpapaupa ng bahay o kahit anong gusali upang magamit ito sa trafficking.
2. Ang pag-isyu, paglilimbag o pamamahagi ng mga sertipiko na pawang nagmula sa kahit anong

ahensya ng gobyerno, ito man ay peke o mga sertipikong hindi pa nagagamit upang ito ay magamit sa
trafficking.
3. Ang pag-aanunsiyo, paglalathala, pagbabalita o pagpapamigay sa anumang paraan ng kahit anong
materyales na nagpo-promote ng trafficking.
4. Ang pagtulong sa panlilinlang upang makamit ng mga dokumento na kailangan upang makalabas ng
bansa mula sa mga ahensiya ng gobyerno na naatasang mag-sagawa ng registration sa mga taong nais
lumabas ng bansa para sa layunin ng trafficking.
5. Ang pagtulong sa pagpasok o paglabas mula sa bansa sa mga paliparan o daungan ng mga taong
mayroong huwad na dokumentong panglakbay upang makatulong sa trafficking.
6. Ang pag-kumpiska, pagtago o pag-sira ng pasaporte, o anumang dokumentong panglakbay at iba
pang personal na dokumento ng mga biktima upang itaguyod ang trafficking o upang pigilan sila na
makaalis o makahingi ng tulong mula sa gobyerno.
7. Ang paggamit sa serbisyo ng isang tao na sapilitang pinagta-trabaho o inaalipin.
Q: Ano naman ang qualified trafficking?
1. Kung ang biktima ay batamay gulang na mababa sa 18 o sinumang 18 pataas ang edad ngunit
walang kakayahang alagaan ang kanyang sarili laban sa pananamantala sanhi ng anumang pisikal o
mental na kondisyon;
2. Kung ang pag-aampon ay ginawa sa ilalim ng Inter-Country Adoption Act of 1995 na may layong
isangkot ang biktima sa prostitusyon, pornograpiya, sekswal na pananamantala, sapilitang trabaho o
pang-aalipin.
3. Kung ang krimen ay isinagawa ng sindikato--isinagawa ng tatlong tao o higit pa na nagtutulungan o
kung malawakan na isinagawa laban sa tatlong tao o higit pa;
4. Kung ang may sala ay kamag-anak, magulang, kapatid, guardian, o taong may kapangyarihan sa
biktima o kung ito ay opisyal o empleyado ng gobyerno;
5. Kung ang biktima ay dinala sa prostitusyong sangkot ang pulisya o militar.
6. Kung ang may sala ay miyembro ng militar o pulisya.
7. Kung sanhi ng trafficking, ang biktima ay namatay, nasiraan ng bait, napinsala ang katawan, o
nagkasakit ng HIV o AIDS.

Q: Sinu-sino ang maaaring mag-file ng kaso ng trafficking?


Maaring mag file ang sinuman sa sumusunod:
1. Ang mismong biktima ng trafficking;
2. Ang mga magulang, asawa, kapatid, mga anak o legal guardian ng biktima.

3. Sinumang may personal na kaalaman sa anumang paglabag ng RA 9208;


Q: Saan dapat i-file ang kaso?
A: Ang kasong kriminal sa ilalim ng RA 9208 ay dapat i-file sa korte ng lugar kung saan ginawa ang
krimen, o kung saan man naganap ang alinmang elemento ng krimen, o kung saan naninirahan ang
biktima kung kailan nangyari krimen.
Q: Ano ang parusa sa paglabag sa RA 9208?
A: Ang sinumang mapatunayang nagkasala sa ilalim ng Sec. 4 ng RA 9208 ay mapaparusahan ng
pagkakulong ng dalawampung (20) taon at magbabayad ng multang hindi bababa sa isang milyong piso
(P1,000,000.00) ngunit hindi tataas sa dalawang milyong piso (P2,000,000.00).
Ang sinumang mapatunayang nagkasala sa ilalim ng Sec. 5 ng RA 9208 ay mapaparusahan ng
pagkakulong ng labinlimang (15) taon at magbabayad ng multa na hindi bababa sa limandaang libong
piso (P500,000.00) ngunit hindi tataas sa isang milyong piso (P1,000,000.00).
Sa kaso ng qualified trafficking, ang may sala ay mapaparusahan ng habambuhay na pagkabilanggo at
magbabayad ng multa na hindi bababa sa dalawang milyong piso (P2,000,000.00) ngunit hindi lalampas
sa limang milyong pisyo (P5,000,000.00):
Ang sinumang bibili o magbabayad ng serbisyo ng biktima ng trafficking ay mapaparusahan sa unang
pagkakataon ng anim (6) na buwan na community service at magbabayad ng multa na limampung libong
piso (P50,000.00). Para sa mga susunod na pagkakataon, ang parusa ay pagkakulong ng isang (1) taon
at pagmumulta ng isandaang libong piso (P100,000.00).
Q: Ano ang proteksyon ng batas para sa biktima ng trafficking?
1.Upang mapangalagaan ang karapatan ng biktima, ang pagdinig sa kaso ng trafficking
ay confidential. Mahalaga ang privacy ng biktima at akusado sa anumang antas ng imbestigasyon ng
kaso.
2. Hindi rin maaaring parusahan ang biktima para sa mga krimeng nagawa lamang bilang pagsunod sa
mga kagustuhan ng may-sala.
3.Mapasailalim sa witness protection program kung kinakailangan.
4.Iba pang suportang serbisyo mula sa ibat ibang ahensya ng pamahalaan:
1. Lugar na matitirhan (DSWD)
2. Counseling (DSWD)
3. Libreng serbisyo panlegal (DOJ/POEA)
4. Mga serbisyong medikal at sikolohikal
5. Mga programang pangkabuhayan

6. Pagtulong sa edukasyon ng batang biktima


he Philippine Embassy in Tehran wishes to inform all Filipinos in Iran regarding a press release from the
Commission on Filipino Overseas (CFO) on the recent conviction of two marriage brokers who were
found guilty of violating Republic Act 6955 or the Anti-Mail Order Bride Act.
It was stated in the CFO press release on 28 March 2014 that the Quezon City Regional Trial Court
rendered its judgment against two accused, Celia Rumusod Gorospe and Ginalyn Jaicten Inao and found
them guilty of violating Republic Act 6955. They were convicted for matching, offering and contracting
marriage between Filipinos and foreign nationals for profit. Both were sentenced to imprisonment of six
(6) years and one day to eight (8) years and was fined ten thousand pesos (P10,000.00)
The case was handled and closely monitored by the CFO since May 2008 until the promulgation of
judgment on 25 March 2014. The CFO is a government agency under the Office of the President which is
mandated to promote and uphold the interest of overseas Filipinos. One of its program provided under the
Philippine Passport Act and the Expanded Anti-Trafficking in Persons Act is to conduct mandatory predeparture guidance and counselling program to Filipino spouses and other partners of foreign nationals.
14 April 2014