Laws related to Bombing

Republic Act 9516 Codifying the Laws on Illegal/ Unlawful Possession, Manufacture, Dealing in,
Acquisition or Disposition of Firearms, Ammunition or Explosives or Instruments Used in the
Manufacture of Firearms, Ammunition or Explosives, and Imposing Stiffer Penalties for Certain
Violations thereof, and for relevant purposes.

Purpose and Objective of the law:

This law amended PD 1866 which intends to fight terrorism. The new law imposes the penalty of
reclusion perpetua or 30 years imprisonment for the manufacture, sale, acquisition, disposition,
importation, or possession of an explosive or incendiary device. The law imposes stiffer penalties for the
illegal manufacture, sale, acquisition, disposition, importation or possession of a part, ingredient,
machinery, tool or instrument used or intended to be used for explosives.

RA 9516 penalizes any person or firm found guilty of the following:

i. possessing or manufacturing illegal explosives

ii. acquiring or disposing of firearms, ammunition or explosives or instruments used in the
manufacture of firearms are subject to stiffer penalties.

The law imposes life imprisonment for the following acts:

i. Unlawful manufacture, sales, acquisition, disposition, importation, or possession of an explosive

or incendiary device;
ii. Unlawful manufacture, sale, acquisition, disposition, importation or possession of a part,
ingredient, machinery, tool or instrument used or intended to be used for the manufacture,
construction, assembly, delivery or detonation;
iii. To the owner, president, manager, director or other responsible officer of any public or private
firm, company, corporation or entity who willfully or knowingly allow any explosive or incendiary
device or parts thereof owned or controlled by such firm, company, corporation or entity to be
used by any person or persons found guilty of committing the two preceding unlawful acts,

Investigation of Bombings

Specific Investigative Procedure:

A General Procedure upon Receipt of Explosive-Related Incident such as discovery of IED/explosive

materials, bomb threats and explosion:

a. Desk Officer shall ask for and record in the Police Blotter the following from the source of information:

1. Name of the source

2. Contact information of the source

3. Exact location of the incident

4. Time and date of the incident

5. Details of the incident

b. Desk Officer shall inform the Chief of Police about the incident.

c. Desk Officer shall dispatch mobile or foot-patrol police personnel to

verify the incident.

d. Desk Officer shall direct the TOC to call the following emergency service agencies, request them to be
on standby while verification of the incident is on-going and seek their assistance once the incident is
verified:

1. Police Bomb Squad Units/EOD Team

2. SOCO Operatives

3. Fire Services

4. Emergency Medical Services/Rescue

5. Engineering Services (for lighting, heavy equipment, etc.)

6. Utility Services (Electric and Water)

7. Other agencies (Philippine Red Cross, Metro Manila Development Authority, NDCC, etc.)

e. Desk Officer shall inform his Commander (Station Commander, Chief of Police, etc.) about the incident
and all actions taken.
During Verification of the Incident by the First Responders or Investigators:

a. The First Responder/Investigator shall record the information about the nature of their dispatch in their
notebooks or ticklers. They should be equipped with a camera or video recorder for capturing the
condition of the scene upon their arrival and any succeeding events.

b. They shall proceed to the incident scene.

c. They shall assess the situation at the scene of the incident and immediately notify the Desk Officer who
will in turn inform his Chief of Police about the confirmation of the incident.

d. In case IED/explosive materials are found, request for the immediate assistance of the Bomb
Squad/EOD Team.

e. They shall cordon the area to preserve and secure the crime scene and wait for the arrival of the Bomb
Squad/EOD Team.

f. If the scene is obvious for signs of an explosion, First Responders/Investigators shall cause the
immediate evacuation of people who were injured from the crime scene. Whenever possible, immediately
maintain order and control of the crowd. THEY SHALL NOT TOUCH, REMOVE, OR ALTER ANY PIECE OF
EVIDENCE (INCLUDING DEAD PEOPLE).

Specific Investigation Procedures

a. Bomb Threat

After the bomb squad has declared the area safe, the investigator

shall determine the following:

1. Gather information from the person who received the bomb threat call.

2. Name and contact number of person who received the call.

3. Date, time, duration of call and number of called made

4. Gender of caller and estimated age.

5. What were the exact words of person making the threats?

6. Reasons for the threat.

7. Voice characteristics of the caller:

8. If voice is familiar, who did it sound like?

9. Familiarity of caller with the area.

___Calm ___Nasal

___Angry ___Stutter

___Excited ___Lisp

___Slow ___Raspy

___Rapid ___Deep

___Soft ___Ragged

___Loud ___Clearing throat

___Laughter ___Deep breathing

___Crying ___Cracking voice

___Normal ___Disguised

___Distinct ___Accent

___Slurred ___Familiar

8. If voice is familiar, who did it sound like?

9. Familiarity of caller with the area.

10. Threat Language

a) Well-spoken

b) Incoherent

c) Irrational

d) Taped

e) Message read by caller

f) Abusive

g) Other
h) Background Noises

___Street noise ___Factory/Machinery

___Plates ___Animal noises

___Voices ___Clear

___PA System ___Static

___Music ___Local

___House noises ___Long distance

___Office ___Booth

___Motor Other___________

___Office ________________

i) Determine motive by gathering information on the person/company/establishment receiving the

threat.

j) Gather information and evidence on the suspect (if known).

k) File appropriate charges if there is concrete evidence gathered against the suspect.

l) If no lead is developed, information gathered can be used for future reference.

b. Recovery/Discovery/Seizure of

1. Improvised Explosive Device (IED):

PROCEDURES:

a) After the hazard has been eliminated by the responding Bomb Squad Unit/EOD personnel, request
SOCO to process the device for latent prints, collect explosive residue and fingerprints of bomb
technician/EOD and other person who access the device for elimination.

b) Interview the First Responder.

c) Question witnesses and record pertinent facts about unusual activity such as, persons or vehicles.

d) Search areas for ingress and egress for evidence such as, tapes, explosives wrappers or containers,
footprints, tire tracks, fingerprints and other associative that may relate to the suspect(s).

e) Check business establishments that could have been used by the suspect as an observation post such
as: 24- hour service station, canteen, lodging house, etc.

f) Prepare a suspect list showing investigative facts relevant to the incident.

g) Record description of suspect(s), suspect vehicles and suspect premises.

h) Check sources of device components and materials recovered at the scene.

i) Secure report of the Bomb Squad Unit on the IED‟s functionality and destructive capability.
j) Secure laboratory report of SOCO for explosive determination and fingerprints analysis.

k) Conduct follow-up investigation on matters related to the secured technical reports.

l) Establish possible motives. If evidence gathered is concrete against the suspect(s), file appropriate
charges.

m) Take photographs and turn in explosive item(s) to Bomb Squad Unit for custody until court
presentation

n) Secure court order for the immediate disposal of explosive material.

2. Discovery of Unassembled Complete IED Components such as:

Power Source. Example: 9-volt battery; 6-volt battery; blasting machine; meters of electric wire Initiators.
Example: blasting cap (electric, non-electric, improvised initiator using Christmas light bulb) Explosives.
Example: ANFO (ammonium nitrate w/ fuel oil); dynamite; TNT block; C4; RDX; detonating cord;
time/safety fuse; mortar cartridges (60mm, 81mm, 105mm, etc.), boosters, black powder, pyrotechnics
products Switches. Example: toggle or sliding switch; alarm clock; mobile phone; matches; etc.

PROCEDURES:

a) First Responder/Investigator must request Bomb Squad Unit/EOD personnel to identify and certify the
item/s discovered.

b) Request the assistance of SOCO for processing of trace evidence.

c) Bomb Technician should extract explosive sample from military ordnance or commercial explosive.

d) Request assistance of Crime Laboratory to determine presence of explosives.

e) Determine the suspect’s connections/links.

f) Establish possible motives. If evidence gathered is concrete against the suspect(s), file appropriate
charges.

g) Take photographs of the items. Turn in explosive item(s) to Bomb Squad Unit for custody until court
presentation

h) Secure court order for the immediate disposal of explosive material.

3. Illegal Possession of Explosive/s

PROCEDURES:

After the arrest of suspects for illegal possession of explosives and other explosive ingredients, the
investigator shall:

a) Interview the witnesses.

b) Request Bomb Squad Unit/EOD personnel to extract explosive sample from military ordnance or
commercial explosive.

c) Bring extract to Crime Laboratory for chemical examination of suspected explosive item(s).

d) Establish motives. If evidence gathered is concrete against the suspect(s), file appropriate charges.
e) Take photographs of the items. Turn in explosive item(s) to Bomb Squad Unit for custody until court
presentation

f) Secure court order for the immediate disposal of explosive material.

Lapses and insights regarding the law Republic Act 9516

The Philippine Exporters Confederation, Inc. (Philexport) welcomed the signing of the
implementing rules and regulations (IRR) on handling controlled chemicals, saying this will make life easier
for small enterprises, but noted there are unresolved issues n that need urgent action.

Sergio R. Ortiz-Luis Jr., Philexport president, said the IRR addresses private-sector concerns over
the processing of applications for regulated substances commonly used in manufacturing.

The Department of Interior and Local Government (DILG) and Philippine National Police (PNP)
implemented on August 9, 2016 the IRR pursuant to Section 4-c to 4-F of Presidential Decree No. 1866 as
amended by Republic Act No 9516, or the law on illegal possession of firearms and explosives.

Ortiz-Luis in a letter to DILG Secretary Ismael Sueno, said the IRR provisions are “very helpful to
exporters,” especially those that reduce the controlled list from 101 to 32, streamline application for
licenses and permits, cut down the number of signatories, and the provision to extend the license validity
period on the basis of good standing.

However, Ortiz-Luis urged action on lingering points identified by the technical working group
(TWG) reviewing the rules on controlled substances.

Foremost among these is the need for “clarification that the regulation applies (only) to chemicals
in pure form and not (to) mixtures.”

This was also pointed out by the public-private partnership Export Development Council (EDC) in
a separate letter to the DILG chief this month.

In the letter, it noted “discrepancies on the documentary requirements indicated in the IRR
against its annexes,” particularly those on “the regulation of chemical mixtures versus the regulation of
substances in pure form/aqueous solution.”

These variations, EDC said, came to light only now because the IRR was distributed to stakeholders
for comment on July 25 2016 without the annexes attached.

The council warned the discrepancies will “mislead applicants and cause them delay, additional
cost and the possibility of discretion and corruption.”

As such, it called for a review of the IRR and its annexes as well as the application forms circulated
by the PNP. It suggested that the agencies “may consider either amending the IRR or issuing a clarificatory
memorandum.”

Both Philexport and EDC also urged that the creation of a TWG that is tasked to regularly review
the IRR be institutionalized.
 DILG and PNP should also look at identifying the research and development team that will
evaluate the explosive potentials of other chemicals as stipulated in Section 3.2 of the IRR, they said.

Other recommendations are fast-track automation of applications, facilitate approval of the

guidelines for accrediting logistics providers, establish a system of implementing the certificate of good
standing, remove the permit to unload and the unloading fee as being redundant and unnecessary, and
exempt farmers using fertilizers containing ammonium nitrate from securing a license to purchase.
Laws related to Credit Card

Republic Act 8484 Access Devices Regulation Act of 1998

The purpose of the law:

The State recognizes the recent advances in technology and the widespread use of access devices
in commercial transactions. Toward this end, the State shall protect the rights and define the liabilities of
parties in such commercial transactions by regulating the issuance and use of access devices.

an act regulating the issuance and use of access devices and prohibiting the fraudulent acts
committed relative thereto, among others. By enacting this legislation, the State recognizes the recent
advances in technology and the widespread use of access devices in commercial transactions.

Republic Act 10870 Philippine Credit Card Industry Regulation Law

It is the policy of the State to foster the development of the credit card industry as an
indispensable tool in making consumer credit readily available to all Filipinos under conditions of fair and
sound consumer credit practices which are aligned with global best practices, in promoting an efficient
payments system and in encouraging competition and transparency that support a more effective delivery
of credit card services. To ensure the vibrancy and growth of the credit card industry, the State shall
institute appropriate mechanics to protect and educate credit cardholders.

RA 8484 further provides for the following prohibited acts:

Section 9. Prohibited Acts. – The following acts shall constitute access device fraud and are hereby
declared to be unlawful:

(a) producing, using, trafficking in one or more counterfeit access devices;

(b) trafficking in one or more unauthorized access devices or access devices fraudulently applied for;

(c) using, with intent to defraud, an unauthorized access device;

(d) using an access device fraudulently applied for;

(e) possessing one or more counterfeit access devices or access devices fraudulently applied for;

(f) producing, trafficking in, having control or custody of, or possessing device-making or altering
equipment without being in the business or employment, which lawfully deals with the manufacture,
issuance, or distribution of such equipment;

(g) inducing, enticing, permitting or in any manner allowing another, for consideration or otherwise to
produce, use, traffic in counterfeit access devices, unauthorized access devices or access devices
fraudulently applied for;

(h) multiple imprinting on more than one transaction record, sales slip or similar document, thereby
making it appear that the device holder has entered into a transaction other than those which said device
holder had lawfully contracted for, or submitting, without being an affiliated merchant, an order to collect
from the issuer of the access device, such extra sales slip through an affiliated merchant who connives
therewith, or, under false pretenses of being an affiliated merchant, present for collection such sales slips,
and similar documents;
(i) disclosing any information imprinted on the access device, such as, but not limited to, the account
number or name or address of the device holder, without the latter's authority or permission;

(j) obtaining money or anything of value through the use of an access device, with intent to defraud or
with intent to gain and fleeing thereafter;

(k) having in one's possession, without authority from the owner of the access device or the access device
company, an access device, or any material, such as slips, carbon paper, or any other medium, on which
the access device is written, printed, embossed, or otherwise indicated;

(l) writing or causing to be written on sales slips, approval numbers from the issuer of the access device
of the fact of approval, where in fact no such approval was given, or where, if given, what is written is
deliberately different from the approval actually given;

(m) making any alteration, without the access device holder's authority, of any amount or other
information written on the sales slip;

(n) effecting transaction, with one or more access devices issued to another person or persons, to receive
payment or any other thing of value;

(o) without the authorization of the issuer of the access device, soliciting a person for the purpose of:

1) offering an access device; or

2) selling information regarding or an application to obtain an access device; or

(p) without the authorization of the credit card system member or its agent, causing or arranging for
another person to present to the member or its agent, for payment, one or more evidence or records of
transactions made by credit card.

New rules under RA 10870

The rules require all credit card issuers to fully disclose, in an understandable way, how it
computes finance charges and other fees related to credit card use, and to provide ample notification to
customers before implementing any changes in the charges.

The rules also state that the finance charges shall be computed based on the unpaid amount of
the outstanding balance as of statement cut-off date, and shall not include current and deferred charges.

The central bank noted that prohibitions against unfair collection practices have been
strengthened under the new rules.

One example is that payments using cash, checks, or debit cards made through any accredited
payment center shall be posted on the same day by credit card issuers. The new rules also provide that
due dates falling on weekends or holidays shall be automatically moved to the next business day.

Under the new rules, collection agents must also observe good faith, fair and reasonable conduct,
and proper decorum when dealing with all consumers, including cardholders already in default.

The new regulations also address customers privacy concerns wherein their information can only
be shared to 3rd parties upon a cardholder’s informed consent, and under specific conditions defined by
the law.
 The new regulations also mandate that credit card issuers address cardholders’ concerns, such as
billing errors and unauthorized transactions within 90 days from receipt of the concerns.

The BSP pointed out that the new rules provide for phased implementation of some provisions,
to allow for the necessary adjustments in the systems and processes of existing credit card issuers.

Credit Card Fraud Investigations on Violation of RA 8484

Account Take Over(ATO)- a criminal trying to take over another person’s account, first by
gathering information about the intended victim, then contacting their bank or credit issuer –
masquerading as the genuine cardholder – asking for mail to be redirected to a new address. The criminal
then reports the card lost and asks for a replacement to be sent. The replacement card is then used
fraudulently.
Steps in Investigating ATO Card

a. There must be a complaint

1. Duly accomplished complaint sheet

2. Affidavit of the complainant and issuing Bank

3. If complainant is a juridical person, ask for his/her authority to file a complaint (Special Power
of Attorney or Corporate Secretary’s Certificate).

4. Evaluate the complaint to ascertain the crime committed and/or if the case is suited for
entrapment.

5. Determine what appropriate laws can be applied.

b. Pieces of Evidence Needed

1. Delivery receipt signed by the suspect/s (if credit card was delivered)

2. Affidavit of the courier (if card was delivered)

3. Affidavit of the legitimate card holder

4. Credit Card itself (if recovered)

5. Affidavit of merchant/s (if the credit card was used)

6. Sales Invoice and charge slip (if the credit card was used)

7. Affidavit of Arrest (if suspects were arrested)

8. Statement of Account

c. Filing of the Case (the documents needed can be secured from the complainant) Inquest, if arrest was
made, with the following documents:

1. Referral addressed to the Prosecutor’s Office

2. Duly accomplished complaint Sheet

3. Affidavit of complainant and issuing Bank

d. Affidavit of the legitimate cardholder

e. Delivery receipt signed by the suspect, if credit card was delivered

f. Affidavit of the courier, if credit card was delivered

g. Credit Card itself, if recovered

h. Affidavit of merchants, if credit card was used

i. Sales invoice and charge slip, if credit card was used

j. Statement of account

k. Affidavit of arrest

l. Booking sheet

m. Picture of the suspect/s (if arrested)

1. Regular/Ordinary Filing if no arrest was made

2. Suspect/s can be charged with Sec 9 of RA 8484, Art 172 and/or 172, Art 178, and Art 315 and
Art 308, all of RPC and CA 142 as amended by RA 6085, etc.

Insights on the Law

Credit card users will now have more protection while card issuers are required to be more
transparent under new rules issued by the central bank to implement a law enacted two years ago.

The Bangko Sentral ng Pilipinas (BSP) on May 04, 2018 said the Monetary Board approved the
Implementing Rules and Regulations (IRR) for the Credit Card Industry Law or Republic Act 10870.

"The IRR addresses the key customer concerns regarding credit cards, particularly on the
transparency and manner of computing charges and fees, safeguards against unfair collection practices,
immediate posting of payments, confidentiality of consumer data, and expeditious resolution of
complaints and disputed transactions, among others," the BSP said in a statement.

The central bank said credit card issuers should be transparent in the manner of computing
finance charges and fees, including prior notification if there would be changes in the charges.

The disclosures shall be in application forms, the terms and conditions of credit card contracts,
and billing statements.

It said finance charges shall be computed on the unpaid amount of the outstanding balance as of
statement cut-off date, and shall not include current and deferred charges. Card issuers are also required
to post cash, check, and debit card payments on the same day. Due dates falling on weekends or holidays,
it added, shall be automatically moved the next business day.

The BSP said the rules also strengthened prohibitions against unfair collection practices.

"Collection agents must observe good faith, fair and reasonable conduct, and proper decorum
when dealing with all consumers, including cardholders already in default," it said.
 The monetary regulator said the rules strengthened data privacy provisions, as customer
information may not be shared to third parties without consent.

Banks must also address credit card concerns, such as billing errors, unauthorized transactions
and other credit card related issues, within 90 days from receipt of the concern.

"The IRR contemplates a phased implementation of some provisions to account for the necessary
adjustments in the systems and processes of existing credit card issuers," the BSP said.

It said there are more than eight million credit cards issued in the country, and it sees the industry
growing because of economic growth, demographics and increasingly digital payment system.
Law related to Human Trafficking

RA 10364 Expanded Anti-Trafficking in Persons Act of 2012

It 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.

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.

Prohibited Acts in RA 10364

“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.

“Prostitution” refers to any act, transaction, scheme or design involving the use of a person by
another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other
consideration.

“Pornography” refers to any representation, through publication, exhibition, cinematography,

indecent shows, information technology, or by whatever means, of a person engaged in real or simulated
explicit sexual activities or any representation of the sexual parts of a person for primarily sexual purposes.

“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.

Prohibited Acts of Trafficking in Persons and their Penalty

It shall be unlawful for any person, natural or juridical, to commit any of the following acts:

1. 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.
2. 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.
 3. 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.
4. 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.
5. To maintain or hire a person to engage in prostitution or pornography.
6. To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage. (Conviction by final
judgment of the adopter for any offense under this law shall result in the immediate rescission of
the decree of adoption).
7. 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.
8. To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.

The penalty is imprisonment for a period of 20 years and a fine of not less than P1 Million but not more
than P2 Million.

Punishable acts that promote trafficking in persons and their Penalty

1. To knowingly lease or sublease, use or allow to be used any house, building or establishment for
the purpose of promoting trafficking in persons.
2. 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.
3. 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.
4. 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 pre-departure registration and services for departing persons for the purpose of
promoting trafficking in persons.
5. 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.
6. 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.
7. 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.

The penalty is imprisonment for 15 years and a fine of not less than P500,000, but not more than P1
Million.
Investigative Procedures:

1. The Desk Officer shall entertain all walk-in complainant/s for Illegal Recruitment and Trafficking cases.

2. The Desk Officer, after a brief interview with the complainant/s, shall record the incident in the Police
Blotter and refer them to the duty investigator.

3. The duty investigator shall require the complainant/s to fill up the complaint sheet provided for
detailing the nature of their complaint.

4. The duty investigator, after examining the accomplished complaint sheet, shall take the sworn
statements of the complainant/s and asked for any receipt or essential documents relative to their
complaint.

5. The duty investigator shall request in writing information from POEA whether or not the recruitment
agency subject of the complaint is duly licensed. If not licensed, get a certificate to this effect. If registered,
get a certified copy of the POEA license.

6. If the recruitment agency is licensed to operate but has certain violations under R.A No-8042, or the
person/s subject of the complaints is nowhere to be found, the investigator shall bring the case before
the prosecutors’ office for regular filing.

7. However, if not registered, and the employment agency continuously accepts applicants for overseas
work and still negotiates with the complainant, the same shall be referred to the nearest CIDG Office for
entrapment operations pursuant to EO 759 dated October 23, 2008.

8. In preparation to the entrapment operation, the operatives shall conduct an investigation/surveillance

about the subject employment agency to determine the veracity of the complaint, and thereafter prepare
a summary of information (SOI) as requirement to PRE-OPERATION CLEARANCE.

9. The investigator shall prepare a request to the PNP Crime Laboratory for Ultra Violet Powder for
“Dusting” of marked money to be used in the entrapment operation.

10. The team leader shall coordinate personally with the concerned territorial Police Office within whose
jurisdiction the operation will be conducted using the prescribed Coordination Form prior to the launching
of the operation.

11. The arresting team must be equipped of camera/video to be used during the actual police operation.

12. Upon arrest of the suspect/s, apprise them of their Constitutional Rights as provided in RA 7438.
Subject arrested person/s shall undergo an Ultra Violet Powder Examination and Physical/Medical
Examination at the PNP Crime Laboratory.

13. The investigator shall prepare documentation and identification, fingerprinting (booking sheets) and
the standard front, side view, whole body and back view photographs of the arrested suspect/s.

14. The officer-on-case shall prepare the letter of transmittal to the prosecutor having jurisdiction over
the case. To be attached as annexes are:

a) Sworn statement taken

b) Certificate from the POEA

c) Booking sheets /Photographs

d) Affidavit of Arresting Officers

e) Receipts of payment& documents made by applicants

f) Request and Result of Ultra Violet Powder from PNP Crime Laboratory

g) Request and Result of Physical/Medical Examination of the PNP Crime Laboratory

h) Others to be presented later

i) After inquest, bring subjects to jail for temporary confinement until they are turned over to the city jail
or local or provincial jails. This should be done immediately.

Insights on the Law

Widespread as it is, human trafficking is a global menace that world leaders have been wanting
to stop.

A significant milestone is the United Nations Convention against Transnational Crime, adopted by
the UN General Assembly during its Millennium Meeting in November 2000.

The convention and its two supplementing protocols, opened for signature in December of the
same year, was described by the UNODC report as “the first serious attempt by the international
community to answer the global challenge of transnational organized crime with a global response in the
form of international law.”

In the Philippines, as a response to the convention, Congress passed the Anti-Trafficking in

Persons Act of 2003, or Republic Act (RA) 9208. It was also part of the country’s commitments as a
signatory to the UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women,
and to the Convention on the Elimination of All Forms of Discrimination Against Women.

RA 9208 set up policies to eliminate trafficking in persons, especially of women and children. It
also established the necessary mechanisms to curb the problem, and imposed penalties of as much as P5
million and life imprisonment.

In line with this, the Inter-Agency Council Against Trafficking (IACAT) was also formed to address
human trafficking in the country. It consists of 6 government agencies and 3 non-government
organizations, and is chaired by the justice secretary.

The IACAT is tasked, among others, to: formulate policies and programs aimed at preventing
human trafficking; assist victims in the filing of cases; train personnel who will directly address cases of
trafficking; and engage in information and education campaigns with local governments.

Despite these, however, many still fall prey to trafficking due to poverty, lack of job opportunities,
conflict in Muslim Mindanao, and the inability of young children to continue going to school, according to
a fact sheet prepared by the Visayan Forum.
 The Visayan Forum adds that as criminal organizations continue to grow and expand, there still
are problems such as the ease of obtaining fake documents and the lack of cooperation from neighboring
countries.

From Tier 2 in 2015, the Philippines now belongs to Tier 1 of the US State Department’s 2016
Trafficking in Persons Report, which means that the government "fully meets the minimum standards for
the elimination of trafficking." These requirements include vigorous investigation and prosecution of
trafficking cases, severe punishment for traffickers, and persistent efforts to purge other forms of
trafficking, among others.

From 2003 to 2015, data from IACAT show that 246 individuals have been convicted of human
trafficking in the country. According to the 2016 Trafficking in Persons report, the Philippine government
convicted 42 traffickers, including five for online child sex trafficking and two for forced labor, from 2015
to 2016. It also convicted two immigration officers and charged 5 officials allegedly complicit in trafficking.

The police investigated 329 alleged trafficking cases – an increase from the 282 suspected cases
in 2014 and 155 in 2013. The National Bureau of Investigation, meanwhile, conducted 40 operations which
yielded 151 suspected traffickers and the investigation of 67 sex trafficking cases and 4 for forced labor.

For forced labor, victims were usually engaged in "the fishing, shipping, construction, education,
nursing, and agricultural industries, as well as in domestic work, janitorial service, and other hospitality-
related job" across the Middle East, Asia, and North America.

There is existing support for victims but the government should also focus on "long-term care."
“The lack of long-term care, absence of mental health services, and familial involvement in facilitating
exploitation left many victims vulnerable to re-trafficking,” the report said.