REPUBLIC ACT NO.

9208 The following persons may file cases of trafficking

The Anti-Trafficking in Persons Act of 2003 in
institutes government policies to eliminate persons:
trafficking in persons, especially women and • the trafficked person;
children. It establishes the necessary mechanisms to • the parents, spouse, siblings, children or legal
protect and support trafficked persons, and guardian of the trafficked person; and
provides penalties for violators. • anyone who has personal knowledge of the
commission of any offense under R.A. 9208.
ELEMENTS: TRAFFICKING IN PERSONS
1. It involves the recruitment, transportation, Where can Trafficking in Persons cases be filed?
transfer, harboring or receipt of a person(s); Trafficking in persons cases under R.A. 9208 may
2. It is committed with or without the victim’s be filed
consent or knowledge; in any of the following places:
3. It is done within or across national boundaries; • where the offense was committed;
4. It is committed by means of threat or use of • where any of the elements of the offense occured;
force, or other forms of coercion, abduction, or
fraud, deception, abuse of power or position, • where the trafficked person resides at the time of
giving or receiving of payments or benefits to the commission of the crime
achieve the consent of a person having actual
control over another person; and
5. It is done for the purpose of exploitation such as
sexual exploitation, forced labor or services, Penalties for violations of R.A. 9208
slavery, and removal or sale of organs or other ACT PENALTY
similar acts. Acts of Trafficking 20 years imprisonment and
a fine of P1 Million to P2
Million
Qualified trafficking in person is committed
Acts that Promote Trafficking 15 years imprisonment and
when: a fine of P500,000 to P1
 The trafficked person is below 18 years old; Million
 The adoption is effected through Republic Act Qualified Trafficking Life imprisonment and a fine
No. 8043 or the “Inter-Country Adoption Act of P2 Million to P5 Million
Attempted Trafficking 15 yrs imprisonment and a
of 1995” and said adoption is for the purpose R.A. No. 10364 fine of 500,000 to 1 million
of prostitution, pornography, sexual pesos
exploitation, forced labor, slavery, involuntary Accomplice Liability 15 yrs imprisonment and a
servitude or debt bondage; R.A. No. 10364 fine of 500,000 to 1 million
pesos
 The crime is committed by a syndicate, or in
Breach of Confidentiality Six (6) years imprisonment
large scale; Clause and a fine of P500,000 to P1
 The offender is an ascendant, parent, sibling, Million
guardian or a person who exercises authority Use of Trafficked Person a. Prision Correccional in its
over the trafficked person or when the offense Probation Law (Presidential maximum period to prision
Decree No. 968) shall not mayor And a fine of not less
is committed by a public officer or employee;
apply. R.A. No. 10364 than P50,000.00 to
 The trafficked person is recruited to engage in P100,000.00
prostitution with any member of the military 1. If w/ a child: reclusion
or law enforcement agencies; temporal in its medium
period to reclusion perpetua
 The offender is a member of the military or
and a fine of P500,000.00 to
law enforcement agencies; and P1,000,000.00
 By reason or on occasion of the act of 2. involves the use of force or
trafficking in persons, the offended party dies, intimidation, to a victim
deprived of reason
becomes insane, suffers mutilation or is
/unconscious victim, or
afflicted with HIV or AIDS under 12y.o.: fine of
P1,000,000.00 to
Who can file cases for Trafficking in Persons? P5,000,000.00 and
imprisonment of
reclusion perpetua with no
 possibility of parole Under this Act, the state can exercise jurisdiction
b. deportation over any act defined and penalized under the law,
c. public official: dismissal
and perpetual absolute
even if the crime is committed outside the
disqualification to hold Philippines, if the suspect or accused is:
office  A Filipino citizen; or
 A permanent resident of the Philippines; or
 Has committed the act against a citizen of the
In February of 2013, Republic Act No. 10364 or the
Philippines.
Expanded Anti-Trafficking in Persons Act
effectively amended RA 9208. The Expanded Anti- Prescriptive Period
Trafficking in Persons Act of 2012, or Republic Trafficking cases can be filed
Act 10364 is an act that institutes policies to  within 10 years after they are
eliminate trafficking in persons especially women committed.
and children. Also, it establishes the necessary  committed by a syndicate/large scale:
mechanisms to protect and support trafficked within 20 years after the commission of
persons, and provides penalties thereof. the act.
The so-called “prescriptive period” is counted from
R.A. 10364 is said to be an expanded and
strengthened version of the Anti-Trafficking in the day the trafficked person is delivered or
Persons Act of 2003 (R.A 9208) and the new law released from the conditions of bondage. In the
now covers attempted trafficking, as well as case of a child victim, the prescriptive period starts
accomplice and accessory liabilities. from the day the child reaches the age of majority.
In the new law, the following acts are now
considered human trafficking:
 recruitment of domestic/overseas
employment for sexual exploitation;
 forced labor or involuntary debt bondage;
 recruitment of Filipino woman to marry a
foreigner;
 recruitment for sex tourism;
 recruitment for organ removal; and
 recruitment of a child to engage in armed
activities abroad;
Under R.A. 10364, attempted trafficking is any act
to initiate the commission of a trafficking offense
but the offender failed to or did not execute all the
elements of the crime due to accident or by reason
of some cause other than voluntary desistance. If
the victim is a child, an act be considered attempted
trafficking if a person –
 facilitates the travel of a child without
clearance from DSWD or parental/legal
consent;
 executing affidavit of consent for adoption;
 Recruiting a woman to bear a child;
simulating a birth; or soliciting a child and
requiring custody through any means from
hospital, health centers and the like, all for the
purpose of selling the child.

Extra-Territorial Jurisdiction