PDF Philippine Report On The Prosecution of Trafficking in Persons Cases 2003-2013 28 February 2014

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PHILIPPINE REPORT ON THE

PROSECUTION OF TRAFFICKING IN
PERSONS CASES: 2003-2013
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www.humanwrongs.org
http://www.iacat.net
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© 2013 Inter-Agency Council Against Trafficking (IACAT)
Department of Justice, Republic of the Philippines
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1
acknowledgments
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This independent report was commissioned by the Inter-Agency Council Against Trafficking of the
Department of Justice and the International Justice Mission with partial funding from the Kingdom
of Netherlands.
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Author and Team Lead: Atty. Althea Acas Parreño, Sed Lex Professional Partnership Co.
Field Research: Kirsten Jade S. Diaz (Lead), Ivan Mark C. Galura, Jennifer Sarah O. Santos, Jaedick
S. De Leon, Angeline Mae S. Mata, Paolo B. Garcia, Rezcel A. Fajardo
Statistical Analysis: Francis Paul U. Baclay (Lead), Kirsten Jade S. Diaz
Additional Research: Mark Isaak S. Garrido, Nicholas C. Santizo, Jason R. Grospe
Administrative Support: Rachel C. Bucoy, Kirsten Jade S. Diaz
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* The title and headings of this report are in blue in honor of the Blue Heart Campaign Against
Human Trafficking of the United Nations Office on Drugs and Crime 
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PHILIPPINE REPORT ON THE PROSECUTION OF
TRAFFICKING IN PERSONS CASES: 2003-2013 1
executive summary 4
key findings 6
introduction 14
purpose 15
scope and limitations 15
definitions 16
database indicators 24
statistical report 27
number of filed trafficking charges and identified trafficked
victims by administrative region 28
identified trafficked victims 30
types and spread of trafficking 36
suspected trafficker 38
criminal justice response 41
legal framework 50
the anti-trafficking act of 2003, as amended 51
other domestic laws used to fight trafficking in persons 52
international declarations, agreements, and conventions 59
way forward 64
annex 73
anti-trafficking in persons act of 2003 88
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executive summary 
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One of the continuing problems in the fight against trafficking is the dearth of
evidence-based research upon which policy-making and policy-execution may
depend.
This is a problem not only in the Philippines but also in other countries. The 2012
United Nations Office on Drugs and Crimes Report on Global Report in Trafficking in
Persons stated that “after the adoption of the Trafficking in Persons Protocol in
2000, the number of studies on human trafficking has boomed. Unfortunately,
because of the uneven quality of these studies they have not always contributed to
increase the knowledge on trafficking. Based on a comprehensive literature review
carried out in 2008, out of 2,388 publications, only 741 met a basic level of scientific
rigour and most of them did not use a solid methodology.”
Governmental anti-trafficking efforts are often evaluated against three main points
— prevention, prosecution and protection. The so-called 3Ps are based on the
framework established by the United Nations Protocol to Prevent, Suppress and
Punish Trafficking in Persons, especially Women and Children, which the Philippines
ratified in 28 May 2002.
This report focuses on the 2nd P (prosecution) and attempts to close the gap in
knowledge about the Philippine criminal justice response to trafficking in persons
cases.
It provides a comprehensive database of filed trafficking charges and identified

trafficked victims based on case records filed with the offices of the prosecutors
and trial courts across the Philippines.
Statistical analysis is then made of the data gathered covering a ten year period —
from the enactment of the Anti-Trafficking in Persons Act of 2003, and its
amendatory law, the Expanded Anti-Trafficking in Persons Act of 2012, up to 20131.

Action points to address challenges borne out of the statistics gathered are
presented.
A presentation of the legal framework in the fight against trafficking in persons is

also included as well as case summaries of trafficking cases which have been
decided by the Supreme Court of the Philippines.
1 The audit of cases was done over a six-month period, from June 2013 to November 2013.
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key findings
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over a 10 year period, there are 04.54 identified trafficked
victims for every 100,000 persons in the Philippines
number of identified trafficking victims per 100,000 persons
National, 04.54
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The number of identified trafficked victims vary significantly across administrative
regions, provinces and cities. The data gathered reflects variations in population,
location and size of economy, among others. To narrow these differences in the
interpretation of data, we used the demographic scale of per 100,000 persons — on
a national, regional, provincial and city level — of all victims recorded over a 10 year
period.
There were 4188 identified trafficking victims in the 2294 charges of trafficking filed
at the prosecutor’s offices across the Philippines over the 10 year period covered by
this report.
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the cities of pasay, manila, muntinlupa, mandaue and
zamboanga are top destination and transit points
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Trafficking cases are almost always filed in the place of rescue. The places of rescue
are either the destination or transit points. Data gathered show that the cities of
Pasay, Manila, Muntinlupa, Mandaue and Zamboanga are the top transit and
destination points of trafficking in persons.
Pasay, 24.69
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Manila, 20.09
Muntinlupa, 14.27
Mandaue, 11.17
Zamboanga City,
10.66
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pasay city has 5/12 times the number of identified trafficked
victims compared to the national average
National, 04.54
Pasay, 23.93
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women are 5 times more likely to be trafficked than men
while girls are 10 times more likely to be trafficked than
boys
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boys
3% With 85% of identified trafficked
victims being women and girls,
women
trafficking in the Philippines may be
girls
29% 56% considered as a form of gender-based
violence.
men !
12%
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! children
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adults are 3 times more
likely to be trafficked
than children
! adults
! 74%
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8
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9 in 10 filed trafficking charges involve sexual exploitation
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0.22%
types of trafficking Sexual trafficking, or
3.74% 5.43% trafficking for the
purpose of sexual
Labor Trafficking
exploitation,
prostitution or
Sexual Trafficking pornography, remain
to be the most
Organ Trafficking prevalent type of
90.62%
trafficking comprising
Use of Children for Armed
91% of all trafficking
Conflicts charges.
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not one person has been charged with the offense of use of
trafficked persons
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Sec.5: Acts that promote
Trafficking in Persons Sec.4g: Removal and
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5% Sale of Organs !
4%
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Sec.4e: Keep or Hire for
Pornography/Prostitution
Sec.4f: Adoption or !
41%
Facilitating Adoption
0% !
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Other
0%
Sec.4c: Offering or
Contracting Marriage
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0% !
Sec.4a: Recruitment, Sec.4h: Child !
Transport and Transfer
50%
Engagement in Armed
Activities !
0%
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! accused
traffickers operating in
large scale
are 20%
commonly
charged
with
trafficking accused not
1 or 2 operating in
large scale
victims 80%
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cases with 3 or
more accused !
22%
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cases commonly
charge 1 or 2
cases with less
than 3 accused accused
78% !
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it takes average of 3 years and 3 months from filing of
complaint to convict a trafficker
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Based on cases that have resulted in conviction by the trial courts, the criminal
justice response to trafficking cases is relatively fast compared to the average
duration in other criminal cases.
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This may be attributed to the fact trafficking in persons cases are treated as a
special class within the criminal justice system — with an Anti-Trafficking in Persons
Task Force created by the Department of Justice and a directive from the Office of
the Court Administrator to the trial courts to hear and decide trafficking in persons
cases within 180 days from arraignment.
Number of days of
preliminary investigation
34%
or inquest: 417 days
47% Number of days from
issuance of resolution to
arraignment: 229 days
Number of days from
arraignment to decision:
565 days
19%
investigating prosecutors found probable cause in 89% of

the charges filed
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investigating prosecutors
2%
9% found probable cause in
Dismissed based on lack of interest
to Prosecute 89% of the charges filed.
Nonetheless, there are
Resolution Issued in Favor of still dismissals based on
Accused
lack of interest to
prosecute, which
89% Resolution Issued In Favor of
Complainant account for 8% of the
charges brought before
the prosecutor.
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51% of charges at the trial court level do not reach trial or
do not finish trial
Arraignment of Some of the Accused, 0.38%
Arraignment of All Accused, 1.84%
Pre-Trial, 2.88%
Outstanding Warrant of Arrest, 10.58%
Trial, 33.26%
Submitted for Decision, 0.81%
Acquitted, 2.60%
Guilty - of the Offense Charged, 6.40%
Guilty - of the Lesser Offense, 0.81%
Archived, 20.35%
Provisionally Dismissed, 0.22%
Dismissed, 19.80%
On Appeal to SC, 0.05%
Despite the high rate of prosecution favorable to the complainant, 51% of charges at
the trial court level do not reach trial or do not finish trial. This is because 10% of
charges at the trial court level have outstanding warrants of arrest, 20.19% are
archived, .22% are provisionally dismissed and another 19% are dismissed.
For the purposes of this report, trial court level charges are those which are no
longer at the preliminary investigation or inquest stage and the information is already
filed in court.
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74% of of concluded trials result in conviction
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As used in this report concluded
trials are those where the
Acquittal
27%
prosecution and defense presented
evidence and a full trial was held.
These do not include dismissals
due of lack of interest to prosecute
Conviction
73%
or dismissals due to failure or
refusal of the main witness, usually
the victim, to attend.
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there are 3 times the number of convictions under the
Aquino Administration compared to the Arroyo
Administration
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30
25
20 Arroyo Administration-37 convictions
15 Aquino Administration-96 convictions
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0
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
These convictions include those where traffickers were found guilty of a

lesser charge.
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2010 philippine conviction rate: .023 per 100,000 persons
—————————————————————————————————————————————
2010 global conviction rate: .154 per 100,000 persons

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introduction
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purpose
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This report seeks to address the gap in knowledge in Philippine anti-trafficking
efforts by providing a comprehensive database and statistical analysis of the
Philippine criminal justice response to trafficking in persons.
Governmental anti-trafficking efforts are often evaluated according to the so-called

3Ps — Prevention, Prosecution and Protection. This 3P framework is set out in the
United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons
especially Women and Children. This report has specific focus on the 2nd P —
Prosecution. It covers a ten year period from the enactment of the Trafficking in
Persons Act of 2003, and its amendatory law, the Expanded Anti-Trafficking in
Persons Act of 2012, through 2013.
It is hoped these statistics will inform productive debate, policy making and policy
execution in the fight against trafficking in persons.
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scope and limitations
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This report covers cases filed from 2003 to 20132 with the Offices of the Prosecutor

and the Regional Trial Courts using the list of cases provided by the Inter-Agency
Council Against Trafficking as a starting point.
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Photographs of case files were taken and information directly gathered from case
files were then entered into a database. This database was the basis of the
statistical analysis contained in Part III of this report.
In the majority of cases, the research team was granted access to the case files and
allowed to review them.3 Where access to case files was not granted either by the

the Office of the Prosecutor or the trial courts the team interviewed the personnel
who had custody of the file. Select case information would be given, usually
excluding identifying victim information. Cases which have outstanding warrants of
arrest, provisionally dismissed, archived and dismissed are often stored off-site and
full case records are seldom available for review.
Thus, depending on the available data, the universe for each of the data sets
change and these are clearly indicated in the Statistical Report to avoid any
misapprehension of data.
2 The audit of cases started in June 2013 and continued until November 2013.
3The Secretary of Justice released a circular requesting prosecutors to allow members of the research team to
access case files with the various Offices of the Prosecutors. This was also presented to Regional Trial Courts.
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Specifically excluded in this report are police and Department of Social Welfare and
Development data on reported incidents of trafficking. Also excluded are instances
of trafficking which have not undergone preliminary investigation, inquest or trial.
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definitions
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Acts that Promote Trafficking in Persons
Covers the following acts:
(a) To knowingly lease or sublease, use or allow to be used any house,

building or establishment for the purpose of promoting trafficking in
persons;
(b) To produce, print and issue or distribute unissued, tampered or fake

counseling certificates, registration stickers, overseas employment
certificates or other certificates of any government agency which issues
these certificates, decals and such other markers as proof of compliance
with government regulatory and pre-departure requirements for the purpose
of promoting trafficking in persons;
(c) To advertise, publish, print, broadcast or distribute, or cause the

advertisement, publication, printing, broadcasting or distribution by any
means, including the use of information technology and the internet, of any
brochure, flyer, or any propaganda material that promotes trafficking in
persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of

facilitating the acquisition of clearances and necessary exit documents from
government agencies that are mandated to provide pre-departure
registration and services for departing persons for the purpose of promoting
trafficking in persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the
country at international and local airports, territorial boundaries and
seaports who are in possession of unissued, tampered or fraudulent travel
documents for the purpose of promoting trafficking in persons;”
(f) To confiscate, conceal, or destroy the passport, travel documents, or

personal documents or belongings of trafficked persons in furtherance of
trafficking or to prevent them from leaving the country or seeking redress
from the government or appropriate agencies;
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(g) To knowingly benefit from, financial or otherwise, or make use of, the
labor or services of a person held to a condition of involuntary servitude,
forced labor, or slavery.
(h) To tamper with, destroy, or cause the destruction of evidence, or to

influence or attempt to influence witnesses, in an investigation or
prosecution of a case under this Act;
(i) To destroy, conceal, remove, confiscate or possess, or attempt to destroy,

conceal, remove, confiscate or possess, any actual or purported passport
or other travel, immigration or working permit or document, or any other
actual or purported government identification, of any person in order to
prevent or restrict, or attempt to prevent or restrict, without lawful authority,
the person’s liberty to move or travel in order to maintain the labor or
services of that person;
(j) To utilize his or her office to impede the investigation, prosecution or

execution of lawful orders in a case under this Act. [Sec. 5 of the Anti-
Trafficking in Persons Act]
Acts of Trafficking in Persons
Covers the following acts committed by any person, natural or juridical:
(a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain,

harbor, 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, or sexual exploitation;
(b) To introduce or match for money, profit, or material, economic or

other consideration, any person or, as provided for under Republic Act No.
6955, any Filipino woman to a foreign national, for marriage for the purpose
of acquiring, buying, offering, selling or trading him/her to engage in
prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of

acquiring, buying, offering, selling, or trading them to engage in prostitution,
pornography, sexual exploitation, forced labor or slavery, involuntary
servitude or debt bondage;
(d) To undertake or organize tours and travel plans consisting of

tourism packages or activities for the purpose of utilizing and offering
persons for prostitution, pornography or sexual exploitation;
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(e) To maintain or hire a person to engage in prostitution or
pornography;
(f) To adopt persons by any form of consideration for exploitative

purposes or to facilitate the same for purposes of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;
(g) To adopt or facilitate the adoption of persons for the purpose of

prostitution, pornography, sexual exploitation, forced labor, slavery,
(h) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain,

provide, offer, receive 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;
(i) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire,

provide, receive or adopt a child to engage in armed activities in the
Philippines or abroad;
(j) To recruit, transport, transfer, harbor, obtain, maintain, offer, hire,

provide or receive a person by means defined in Section 3 of this Act for
purposes of forced labor, slavery, debt bondage and involuntary servitude,
including a scheme, plan, or pattern intended to cause the person either:
(1) To believe that if the person did not perform such labor or
services, he or she or another person would suffer serious harm or
physical restraint; or
(2) To abuse or threaten the use of law or the legal processes;

and
(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer,

provide, adopt or receive a child for purposes of exploitation or trading them,
including but not limited to, the act of baring and/or selling a child for any
consideration or for barter for purposes of exploitation. Trafficking for
purposes of exploitation of children shall include:
(1) All forms of slavery or practices similar to slavery, involuntary

servitude, debt bondage and forced labor, including recruitment of
children for use in armed conflict;
(2) The use, procuring or offering of a child for prostitution, for

the production of pornography, or for pornographic performances;
(3) The use, procuring or offering of a child for the production

and trafficking of drugs; and
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(4) The use, procuring or offering of a child for illegal activities or
work which, by its nature or the circumstances in which it is carried
out, is likely to harm their health, safety or morals; and
(l) To organize or direct other persons to commit the offenses defined

as acts of trafficking under this Act. [Section 4 of the Anti-Trafficking in
Persons Act.
Adults
Refer to males and females who are aged 18 years old and above.
Anti-Child Abuse Act
Refers to Rep. Act No. 7610, or the Special Protection of Children

against Child Abuse, Exploitation and Discrimination Act of 1992, as
amended by Rep. Act No. 9231 (2003).
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Anti-Child Pornography Act
Refers to Rep. Act No. 9775 (2009) or the Anti-Child Pornography Act of
2009.
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Anti-Mail Order Bride Act
Refers to Rep. Act No. 6955 (1990) titled An Act to Declare Unlawful the
Practice of Matching Filipino Women for Marriage to Foreign Nationals on a
Mail Order Basis and Other Similar Practices, Including the Advertisement,
Publication, Printing or Distribution of Brochures, Fliers and Other
Propaganda Materials in Furtherance Thereof and Providing Penalty
Therefore
Anti-Trafficking in Persons Act
Rep. Act No. 9208 or the Anti-Trafficking in Persons Act of 2003, as

amended by Rep. Act No. 10368 or the Expanded Anti-Trafficking in
Persons Act of 2012.
Batas Kasambahay
Refers to Rep. Act No. 10361 (2013) or The Domestic Worker’s Act or “Batas
Kasambahay”
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Boys
Refer to males aged below 18 years old.
Child Engagement in Armed Conflicts
Covers the following acts: “to recruit, transport, obtain, transfer, harbor,
maintain, offer, hire, provide, receive or adopt a child to engage in armed
activities in the Philippines or abroad.” [Sec. 4(i) of the Anti-Trafficking in
Persons Act]
Children
Refer to males and females who are aged below 18 years old.
Concluded Trials
Concluded trials are those where the prosecution and defense presented
evidence and a full trial was held. These do not include dismissals due of
lack of interest to prosecute or dismissals due to failure or refusal of the main
witness, usually the victim, to attend.
Debt Bondage
Refers to the pledging by the debtor of his/her personal services or labor or

those of a person under his/her control as security or payment for a debt,
when the length and nature of services is not clearly defined or when the
value of the services as reasonably assessed is not applied toward the
liquidation of the debt.
Dismissed Cases
Cases which do not finish trial because of any of the following factors:
violation of the Speedy Trial Act, non-appearance of witnesses or
complainants, lack of interest of the complainants to prosecute, or filing of
Affidavits of Desistance by the complainants.4

Filed Trafficking Charges
Refer to all charges captured in this report which have been at the
prosecutor’s level for preliminary investigation or inquest, including those
4Refer to cases dismissed prior to the 2012 amendment of the Anti-Trafficking Act. The amended Act prohibits
dismissals based on affidavits of desistance.
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which have been moved through the criminal justice process i.e. preliminary
investigation or inquest, arraignment, trial and appeal.
Forced Labor and Slavery
Refers to the extraction of work or services from any person by means of

enticement, violence, intimidation or threat, use of force or coercion,
including deprivation of freedom, abuse of authority or moral ascendancy,
debt-bondage or deception.
Girls
Refer to females aged below 18 years old.
Identified trafficked victims
Identified trafficked victims are those who are persons identified as victims
of trafficking in cases filed before the prosecutor’s office and trial courts.
Inter-Agency Council Against Trafficking (IACAT)
A council created under Sec. 20 of the Anti-Trafficking in Persons Act
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Inter-Country Adoption Act
Refers to Rep. Act No. 8043 (1995) or the Inter-Country Adoption Act
Involuntary Servitude
Refers to a condition of enforced, compulsory service induced by means of

any scheme, plan or pattern, intended to cause a person to believe that, if
the person did not enter into or continue in such condition, that person or
another person would suffer serious harm or other forms of abuse or physical
restraint, or the abuse or threatened abuse of the legal process.
Labor Trafficking
Covers acts of trafficking defined in Section 4 of the Anti Trafficking Act for
the purposes of forced labor, slavery, involuntary servitude or debt bondage.
Large Scale Trafficking
Trafficking is deemed committed in large scale if committed against three (3)

or more persons, individually or as a group. [Sec. 6 (c) of the Anti-Trafficking
in Persons Act]
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Men
Refer to males aged 18 years old and above.
Migrant Workers Act
Refers to Rep. Act No. 8042 or the Migrant Workers and Overseas Filipinos
Act of 1995, as amended by Rep. Act No. 10022 (2009).
Office of the Court Prosecutor (OCP)
Refers to the offices of the State Prosecutor, Provincial Prosecutor and City
Prosecutors created under the Prosecution Service Act.
Organ Trafficking
Covers the following acts: to recruit, hire, adopt, transport, transfer, obtain,
harbor, maintain, provide, offer, receive 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.
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.
Prosecution Service Act
Refers to Rep. Act No. 10071 or the Prosecution Service Act of 2010.
Prosecutor Level Charges
Prosecutor Level Charges are those which have been filed before the Offices
of the Prosecutor - state, regional, provincial and city. It includes those which
are undergoing preliminary investigation, inquest and those which have been
resolved.
Provisionally Dismissed Cases
Provisionally Dismissed Cases are those which are temporarily dismissed at

the trial court level under Section 8, of Rule 117 of the Revised Rules of
Court. The said rule allows for a provisional or temporary dismissal when it
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is with the express consent of the accused and with notice to the offended
party. The provisional dismissal of offenses punishable by imprisonment not
exceeding six (6) years or a fine of any amount, or both, shall become
permanent one (1) year after issuance of the order without the case having
been revived. With respect to offenses punishable by imprisonment of more
than six (6) years, their provisional dismissal shall become permanent two
(2) years after issuance of the order without the case having been revived.
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.
Regional Trial Court (RTC)
Regional Trial Courts exercise exclusive original jurisdiction in all criminal

cases not within the exclusive jurisdiction of any court, tribunal or body. [Sec.
20 of the Batas Pambansa Blg. 129, as amended, or the Judiciary
Reorganization Act of 1980]
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.
Sexual Trafficking
Covers acts of trafficking defined in Section 4 of the Anti Trafficking Act for
the purposes of prostitution, pornography, or sexual exploitation.
Suspected Traffickers
Suspected Traffickers are those persons, natural or juridical, who have

trafficking in persons cases filed against them before the Office of the
Prosecutor and the Regional Trial Courts.
Trafficking in Persons
Trafficking in Persons refers to the recruitment, obtaining, hiring, providing,

offering, transportation, transfer, maintaining, harboring, or receipt of
persons with or without the victim’s consent or knowledge, within or across
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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, adoption or receipt of a

child for the purpose of exploitation or when the adoption is induced by any
form of consideration for exploitative purposes shall also be considered as
‘trafficking in persons’ even if it does not involve any of the means set forth
in the preceding paragraph. [Section 3(a) of the Anti-Trafficking in Persons
Act]
Trafficking by a Syndicate
Trafficking is deemed committed by a syndicate if carried out by a group of

three (3) or more persons conspiring or confederating with one another. [Sec.
6 (c) of the Anti-Trafficking in Persons Act]
Trial Court Level Charges
Trial Court Level Charges are those charges which have undergone
preliminary investigation or inquest and the information has already been
filed in court.
Women
Refer to females aged 18 years old and above.
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database indicators
!The following are the database indicators used to gather and unify data:
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I. VICTIM’S INFORMATION
a. Complete Name of Victim(s)
b. Gender of Victim(s)
c. Age of Victim(s)
d. Address of Victim(s)
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II. ACCUSED’S INFORMATION
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a. Complete Name of Accused
b. Address of Accused
c. Number of Accused
d. Current Status of Accused
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III. STAGES OF PRELIMINARY INVESTIGATION OR INQUEST (OCP)
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a. I.S. No. or N.P.S. No.5

b. Name of Investigating Prosecutor
c. Venue of Investigation (where investigation of the case is on-going or

pending)
d. Section of RA 9208 Charged with
e. Stage of Preliminary Investigation:
i. Preliminary Investigation Ongoing
ii. Motion for Reconsideration of Resolution
iii. Resolution Issued in Favor of Accused
iv. Resolution Issued In Favor of Complainant
v. Dismissed Based on Lack of interest to Prosecute
f. Petition for Review Filed with DOJ:
i. No
ii. Yes – Pending Resolution
iii. Yes – Resolved in Favor of Accused
iv. Yes – Resolved in Favor of Complainant
g. Date of Prosecutors Resolutions
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IV. STAGES OF TRIAL (RTC)
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a. RTC Branch Number
b. City or Province
c. Criminal Case Number
d. Section of RA 9208 Charged with
e. Classification of trafficking in persons case
i. Labor Trafficking
ii. Sexual Trafficking
iii. Organ Trafficking
vii. Child Engagement in Armed Activities
f. Name of Handling Private Prosecutor
g. Name of Handling Public Prosecutor
h. Presiding Judge
i. Case Title
j. Date of Filing of Information
k. Date of Arraignment
l. Date of Pre-Trial
m. Date of Start of Trial
5 These are the docket numbers of the cases pending preliminary investigation or inquest. N.P.S. stands for
National Prosecution Service, while I.S. stands for Investigation Slip. The latter was used to docket cases at the
preliminary investigation or inquest stage prior to the enactment of the National Prosecution Service Act.
25
n. Date of Resolution
o. Specific Stage of Trial
i. Outstanding Warrant of Arrest
ii. Arraignment of All Accused
iii. Arraignment of Some of the Accused
iv. Bench Warrant of Arrest Issued
v. Pre-Trial
vi. Trial
ix. Submitted for Decision
x. Guilty - of the Offense Charged
xi. Guilty - of a Lesser Offense
xii. Acquitted
xiii. Archived
xv. Dismissed
p. Names of Accused Arraigned
q. Names of Accused Not Arraigned
r. Names of Accused Against Whom Bench Warrant of Arrest Is Issued

Against
!
!
26
!
statistical report 
27
!
number of filed trafficking charges and identified
trafficked victims by administrative region
!
Over the 10 year period covered by this report, there were 2294 filed trafficking
charges with 4188 identified trafficked victims.
cases and victims of trafficking per administrative region

2500
2000
1500
No. of Victims
1000
No. of Charges
500
Re VIII
Re X,

Re V-B
Re IX,

Re IV- %
gi II, 1
VI %

%
1%
%
2%
on , 2%
gi , 3%
3%
Re ion 3%
on 4%
Re gion %
7%
N 13%
%
,0
gi II, 1
gi I, 1
on I, 3
4
,5
35
gi M,
Re VI,
I,
gi A,
V
AR
I
Re XI
Re n I
I,
R,
Re XI
Re on
M
on
Re n I
on
C
C
o
on
I
on
gi
AR
gi
on
on
o
gi
g
gi
gi
gi
Re
The Philippines is divided into 17 administrative regions. Administrative regions

group provinces and cities for administrative convenience and do not exercise
political power except for the Autonomous Region in Muslim Mindanao (ARMM).6 All
administrative regions of the Philippines, apart from the National Capital Region
(NCR), are composed of provinces, independent cities (or those not within the
administrative and political control of the the province where it is geographically
located), component cities and municipalities. The NCR has no provinces and is
composed of cities and one municipality, Pateros. Provinces, cities and
municipalities exercise political power.7

6Republic Act No. 6734 or the Organic Act of the Autonomous Region in Muslim Mindanao (ARMM), This law
called for a plebiscite in the the proposed areas of ARMM to determine which provinces would form part of the
ARMM. The provinces of Maguindanao, Lanao del Sur, Tawi-Tawi and Sulu voted to join the ARMM.
7 Rep. Act No. 7610 or the Local Government Code of 1991.
28
Administrative regions are informally divided according to groupings of Philippine
islands: Luzon, Visayas, Mindanao.
In Luzon, NCR has the highest number of identified trafficked victims and trafficking
charges. In Visayas, Region VII has the highest number of identified trafficked
victims and trafficking charges. In Mindanao, Region IX has the highest number of
identified trafficked victims and trafficking charges.
29
identified trafficked victims
!
over a ten year period, there were 04.54 identified trafficked
victims for every 100,000 persons in the Philippines
National, 04.54
!
The number of identified trafficked victims vary significantly across administrative
regions, provinces and cities. The data gathered reflects variations in population,
location and size of economy, among others. In order to narrow down these
variations across regions, provinces and cities, this report uses the demographic
scale of per 100,000 people on a national, regional, provincial and city level.
Using this demographic scale also provides comparable data to international

reports on trafficking such as the United Nations Office on Drugs and Crime Global
Report on Trafficking in Persons.
There is 100% information available on the number of identified trafficked victims on

a national, regional, provincial and city level.
!
!
30
regional rankings:
according to the number of identified trafficked victims
!
The distribution
of identified NCR, 11.74
trafficked victims
per administrative
region over a 10 number of identified trafficking victims per 100,000 persons
year period are

Region VII, 09.71
represented in
the graphs
herein.
NCR has the Region IX, 08.58

highest number
of identified
trafficked victims, number of identified trafficking victims per 100,000 persons
with 11.4
identified Region II, 05.02
trafficked victims
per 100,000
persons. This is 2 number of identified trafficking victims per 100,000 persons
1/2 times the

Region IV-B, 04.63
national average
of 4.54 identified
trafficked victims.
While Region XIII Region VIII, 04.54

or the CARAGA
Region, has the
least number of number of identified trafficking victims per 100,000 persons
trafficking cases
Region III, 03.82
at .54 per
100,000 persons.
! number of identified trafficking victims per 100,000 persons
! Region V, 03.47
31
Region XI, 03.36
Region X, 02.63
CAR, 02.47
ARMM, 02.33
Region I, 01.81
Region IV-A, 01.75
Region XII, 01.00
Region VI, 00.87
Region XIII, 00.54
32
provincial rankings:
!
The distribution of identified trafficked victims in the top 5 provinces are represented
in the graphs below. These provinces have offices of the provincial prosecutor.
Specifically excluded from the provinces are those cities which have their own office
of the city prosecutor. The province of Pampanga has the highest number of
identified trafficked victims, with 05.08 identified trafficked victims per 100,000
persons. This is just a little over the national average of 4.54 identified trafficked
victims.
Pampanga, 05.08
Samar, 04.23
Quezon, 03.67
Biliran, 03.09
Bukidnon, 03.08
33
city rankings:
!
!
!
!
!
! Pasay, 24.69
!
!
!
!
! Manila, 20.09
!
!
!
!
! Muntinlupa, 14.27
!
!
!
! Mandaue, 11.17
!
!
!
! Zamboanga City,
10.53
!
!
!
These cities are where trafficking charges are filed and where the greatest number
of identified trafficked victims are found. As the place where the victim is rescued is
also almost always the place of filing of trafficking charges, the statistical data show
that the cities of Pasay, Manila, Muntinlupa, Mandaue and Zamboanga are the most
common places where trafficked victims are rescued in transit or are brought.
!
!
34

identified trafficking victims

by age and gender
boys
3%
Women and girls comprise 85% of
trafficked victims. On the other hand, women
girls
men and boys comprise 15% of 29% 56%
trafficking victims.
Women are 5 times more likely to be men

trafficked than men while girls are 10 12%
times more likely to be trafficked than

boys. These trends show that women
and girls are highly targeted by
traffickers.
However, it is possible that the number of trafficked children are underreported

because of several laws which overlap with the Anti-Trafficking Act. There are two
other laws, the Anti Child Abuse Act and the Anti Child Pornography Act, that define
and penalize child abuse8 and child pornography9 both of which may also be acts of

sexual trafficking. Another law that overlaps with the Anti-Trafficking in Persons Act
is the Inter-Country Adoption Act10 which defines illegal adoption as adoption for

8 Rep. Act No. 7610, Sec. 3 (b) states in pertinent part: ”Child abuse" refers to the maltreatment, whether
habitual or not, of the child which includes any of the following:
!
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child
as a human being; xxx
!
Rep. Act No. 7610, Sec. 5 states in pertinent part: “Child Prostitution and Other Sexual Abuse” occurs when
children, whether male or female, who for money, profit, or any other consideration or due to the coercion or
influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be
children exploited in prostitution and other sexual abuse. xxx
!
Rep. Act No. 7610, Sec. 7 states in pertinent part: “Child trafficking” occurs when any person engages in the
trading and dealing with children including, but not limited to, the act of buying and selling of a child for money,
or for any other consideration, or barter xxx
9Rep. Act No. 9775 (2009), Sec 3 (b) states in pertinent part: ”Child pornography" refers to any representation,
whether visual, audio, or written combination thereof, by electronic, mechanical, digital, optical, magnetic or any
other means, of child engaged or involved in real or simulated explicit sexual activities.
10 Rep. Act No. 8043 (1995).
35
exploitative purposes. 80% of identified trafficking victims have information on age
and gender.
types and spread of trafficking

!
trafficking charges by type of exploitation
!
0.22%
types of trafficking
!
3.74% 5.43% !
Labor Trafficking !
!
Sexual Trafficking
!
90.62%
Organ Trafficking !
Use of Children for Armed
!
Conflicts
!
!
!
The following classifications were used in this report Labor Trafficking, Sexual
Trafficking, Organ Trafficking and Use of Children Armed Activities.
9 out of 10 trafficking charges in the Philippines involve sexual exploitation,

prostitution, or pornography. Often, labor trafficking charges refer to cases of
domestic service.
Interestingly, while organ trafficking comprise 4% of the trafficking cases, almost all
are concentrated in one area — Calauag, Quezon._ In the years 2005 to 2007, 50
people were trafficked for their organs in Calauag. 18 of the 50 reported cases in
Quezon Province are attributable to the alleged trafficker “Rico De Jusay” aka “Rico
Jusay” who has an outstanding warrant of arrest.
Prosecution of charges involving labor trafficking, organ trafficking and use of

children for armed conflict are relatively rare comprising less than 10% of filed
charges.
36
84% of trafficking cases, excluding cases that were dismissed in the preliminary
investigation or inquest stages, and trial court level cases, have available data on
the type of exploitation.
ranking of provinces and cities:

according to the geographic spread of filed trafficking
charges
trafficking cases by geographic incidence: city or province

Manila City, 14.43%
Cebu City, Cebu, 5.45%
Pampanga Province, 5.01%
Quezon City, 4.62%
Pasay City, 4.10%
Zamboanga City, 3.75%
Quezon Province, 3.18%
Rizal Province, 2.70%
Davao del Sur Province, 2.40%
Lapu-lapu City, Cebu, 2.44%
Bulacan Province, 2.22%
Bukidnon Province, 1.74%
Negros Oriental Province, 1.70%
Caloocan City, 1.53%
Camarines Sur Province, 1.74%
Isabela Province, 1.74%
Nueva Ecija Province, 1.53%
Pasig City, 1.66%
Mandaue City, Cebu, 1.61%
Makati City, 1.48%
Samar Province, 1.35%
Malabon City, 1.31%
Pangasinan Province, 1.26%
Cavite Province, 1.26%
Cagayan Province, 1.18%
Sorsogon Province, 1.05%
Muntinlupa Province, 0.96%
Las Piñas City, 0.96%
Oriental Mindoro Province, 0.87%
Batangas Province, 0.87%
Zambales Province, 0.83%
Laguna Province, 0.83%
Tarlac Province, 0.78%
Paranaque City, 0.70%
Leyte Province, 0.78%
South Cotabato Province, 0.74%
Marikina City, 0.74%
Albay Province, 0.83%
Negros Occidental Province, 0.70%
Mandaluyong City, 0.70%
Camarines Norte Province, 0.70%
Palawan Province, 0.61%
Davao del Norte Province, 0.70%
Ilocos Norte Province, 0.52%
Bataan Province, 0.52%
Valenzuela City, 0.44%
Taguig City, 0.48%
Lanao del Norte Province, 0.35%
Nueva Vizcaya Province, 0.39%
Agusan del Norte Province, 0.39%
Zamboanga del Sur Province, 0.35%
Toledo City, Cebu, 0.35%
Iloilo Province, 0.35%
Cotabato City, ARMM, 0.35%
La Union Province, 0.31%
Aklan Province, 0.31%
Masbate Province, 0.26%
Misamis Oriental Province, 0.22%
Ilocos Sur Province, 0.22%
Bohol Province, 0.22%
Biliran Province, 0.22%
Tawi-tawi Province, 0.22%
Catanduanes Province, 0.17%
Benguet Province, 0.17%
Zamboanga del Norte Province, 0.13%
Quirino Province, 0.13%
Misamis Occidental Province, 0.13%
Lucena City, Quezon, 0.13%
Compostela Valley Province, 0.13%
Baguio City, 0.13%
Zamboanga Sibugay Province, 0.09%
Sarangani Province, 0.09%
San Juan City, 0.09%
Occidental Mindoro Province, 0.09%
North Cotabato Province, 0.09%
Marinduque Province, 0.09%
Gumaca Municipality, Quezon, 0.09%
Eastern Samar Province, 0.09%
Aurora Province, 0.09%
Antique Province, 0.09%
Kalinga Province, 0.04%
Argao City, Cebu, 0.04%
37
The map above shows the trafficking hotspots. Areas with the highest number of
trafficking cases are in red. The size of the red dot indicates the number and
geographic spread of trafficking cases. Cities that have an Office of the City
Prosecutor assigned to it and provinces that have an Office of the Provincial
Prosecutor assigned to it are listed here.
!
suspected trafficker
!
charges are usually filed against 1 or 2 traffickers
Under the Anti-Trafficking in

Persons Act, trafficking is
deemed committed by a
syndicate if carried out by a cases with 3 or
more accused
group of three (3) or more 22%
persons conspiring or
confederating with one
another.
cases with less
than 3 accused
78%
99% of cases have data on

the number of traffickers.
!
traffickers are often charged with trafficking 1 or 2 victims
!
Under the Anti-
accused Trafficking in Persons
operating in
large scale Act, trafficking is
20%
deemed committed in
large scale if
committed against
three (3) or more
accused not persons, individually
operating in
large scale or as a group.
80%
Among the notable

cases where there was
large scale trafficking
involved are: in Quezon Province, one suspect trafficked 18 people for the removal
38
and sale of their kidneys.11 In Samar, one person was found guilty of 7 counts of

trafficking committed against 7 victims.12 In Bukidnon, one person was prosecuted

for 16 counts of trafficking committed against 16 victims but remains at large.13 In
Malabon, one person is being tried for 5 counts of trafficking committed against 5
victims.14 In Pasig and Mandaluyong, one person was charged with 4 counts of

trafficking committed against 4 victims.15 In Quezon, one suspect was charged with

22 counts of trafficking committed against 22 victims but remains at large with an

outstanding warrant of arrest.16 In Biliran, one suspect was charged with 4 counts of

trafficking committed against 4 victims.17 In Quezon City, one suspect is being tried

for 12 counts of trafficking committed against 4 victims.18

93% of trafficking charges have information on the number of victims.
traffickers are often charged under section 4a and section

4e of the anti-trafficking act
!
Section 4(a)
Sec.5: Acts that promote defines the
Trafficking in Persons Sec.4g: Removal and
5% Sale of Organs following as
4% acts of
trafficking “to
Sec.4e: Keep or Hire for recruit, obtain,
Sec.4f: Adoption or
Pornography/Prostitution hire, provide,
Facilitating Adoption
41%
0%
offer,
transport,
Other Sec.4c: Offering or
0% Contracting Marriage transfer,
0% maintain,
Sec.4a: Recruitment, Sec.4h: Child harbor, or
Transport and Transfer Engagement in Armed
50% Activities receive a
0%
person by any
means,
11 See Region IV Database

12 See Region VIII Database
13 See Region X Database
14 See National Capital Region Database
16 See Region VI Database
17 See Region VIII Database
39
including those done under the pretext of domestic or overseas employment or
training or apprenticeship, for the purpose of prostitution, pornography, or sexual
exploitation.” While section 4(e) covers the following acts of trafficking: “to maintain
or hire a person to engage in prostitution or pornography.” These findings tie with
the data that the most common type of trafficking is for the purpose of sexual
exploitation. Notably, not one case has been filed for the use of trafficked persons
for prostitution.
Data reflected in this chart are based on charges filed at the trial court. Excluding
those which have been provisionally dismissed, archived and dismissed, 84% of
trafficking charges has available data on modes or acts of trafficking.
!!
!
40
criminal justice response
!
Based on concluded cases or cases resolved by the trial courts after a full blown
trial, including cases which resulted in either conviction or acquittal, the criminal
justice response to trafficking cases is relatively fast compared to the average
duration in criminal cases.19 This may be attributable to the fact that the

government has put in place several policies to specifically prosecute and resolve
trafficking cases. The Department of Justice created an Anti-Trafficking in Persons
Task Force20 while the Office of the Court Administrator issued a directive to the trial

courts to hear and decide trafficking in persons cases within 180 days, or 6 months,
from arraignment.21

!
from time of trafficking to conviction or acquittal
!
speed of criminal justice response Identified trafficked
from time of trafficking
victims are rescued
within 7 months
Number of days from time
of trafficking to filing of from trafficking. It
16% complaint : 202 days
takes 3 years and 5
Number of days of
months from the
43% preliminary investigation or time of trafficking to
inquest: 338 days
resolution of the
27%
Number of days from case. Time of
issuance of resolution to trafficking is sourced
from the dates
14%
Number of days from indicated in the
537 days
information filed with
19 "if an accused were lucky enough and that he or she was accorded the shortest period a process can be
done in each stage of his or her case, the length of the whole case of such accused will be terminated in eight
(8) months in Mandaluyong City and ten (10) months in Quezon City. If however the accused were unlucky, if he
or she were in Mandaluyong City, his or her case can only be terminated after sixteen (16) years and if he or she
were from Quezon City, the case can only be terminated after eighteen (18) years. These things however have
not yet happened. But all cases are finished between eight (8) months to sixteen (16) years in Mandaluyong City
and between ten (10) months to eighteen (18) years in Quezon City. On the average however, cases are
terminated more or less five (5) years in Mandaluyong City and six (6) years in Quezon City." Based on a study
conducted by the Humanitarian Legal Assistance Foundation, Inc., How Speedy are Philippine Criminal Cases
Disposed Of? http://primary.hlafphil.org/index.php/library/downloadables/category/1-research (last accessed 13
December 2013)
20 Department of Justice Order No. 754, s. of 2009 created the task force. Department of Justice Order No. 700,
s. of 2011, reconstituted the task force.
21The Circular dated October 26, 2010 has the following subject: Speedy Disposition of Cases for Violations of
Republic Act No. 9208 (Anti-Trafficking in Persons Act of 2003) or Trafficking in Persons Cases
41
the trial courts. Trial proper, or from arraignment to decision, takes a about a year
and a half.
!
from time of filing of complaint to conviction or acquittal 
!
Again based on speed of criminal justice response
from time of filing of complaint
concluded cases or
cases resolved by
the trial courts after Number of days of
preliminary investigation or
a full blown trial, inquest: 338 days
32%
including cases
which resulted in
either conviction or issuance of resolution to
acquittal, the
criminal justice
response to 17%
Number of days from
trafficking cases is 537 days
relatively fast
compared to the
average duration in
cases, especially so when computed from the time a trafficking complaint is filed
with the prosecutor. It takes 2 years and 10 months from the time of filing a
complaint with the prosecutor to the resolution of the case.
!
from time of trafficking to conviction
!
Looking at the
criminal justice
response only 10% Number of days from time
of trafficking to filing of
from cases which complaint : 145 days
resulted in Number of days of
42% preliminary investigation or
convictions, it inquest: 417 days
takes 3 years and issuance of resolution to
9 months from the arraignment: 229 days
Number of days from
time of trafficking arraignment to decision:
to convict a 17%
565 days
trafficker.
!
42
from time of filing of complaint to conviction
!
!
Looking again at
the criminal
justice response
Number of days of
only from cases preliminary investigation
34%
which resulted in or inquest: 417 days
convictions, it issuance of resolution to
takes 3 years arraignment: 229 days
Number of days from
and 3 months arraignment to decision:
from the time of 565 days
19%
filing a complaint
with the
prosecutor to
convict a
trafficker.
!
status of trial court level charges
!
!
For purposes of this report, trial court level charges are those which have beed filed
before the Regional Trial Courts and are no longer undergoing preliminary
investigation or inquest. Since charges on appeal with the Supreme Court comprise
less than one-fourth of a percent and are statistically insignificant, these were also
included the trial court level cases. It includes those where some or all of the the
accused are arraigned, those which are undergoing pre-trial, trial, those which have
been provisionally dismissed, those which have been archived and those which
dispositive orders have been rendered.22

10.58% of trial court level cases have outstanding warrants of arrest, 20.35% are
archived, .22% are provisionally dismissed and 19.80% have been dismissed. Thus,
51% of filed trafficking charges do not begin trial, because the accused is at large
and has not been arraigned, or do not finish trial, because the charges are
provisionally dismissed, archived or dismissed, oftentimes because the victim
refuses to testify or has filed an affidavit of desistance23.

22 Dispositive orders include judgments after a trial on the merits and those dismissed because of lack of
interest to prosecute.
23Prior to the 2012 amendments to the Anti-Trafficking in Persons Act, a filed Affidavit of Desistance was
considered as a valid ground to dismiss a complaint.
43
Trial courts archive cases based on the guidelines issued by the Supreme Court, in
the exercise of its administrative supervision over all trial courts. Criminal cases,
such as trafficking in persons cases, may only be archived if, after the issuance of
the warrant of arrest, the accused remains at large for six (6) months from the
delivery of the warrant to the proper peace officer.24

Arraignment of Some of the Accused, 0.38%
Arraignment of All Accused, 1.84%
Pre-Trial, 2.88%
Outstanding Warrant of Arrest, 10.58%
Trial, 33.26%
Submitted for Decision, 0.81%
Acquitted, 2.60%
Guilty - of the Offense Charged, 6.40%
Guilty - of the Lesser Offense, 0.81%
Archived, 20.35%
Provisionally Dismissed, 0.22%
Dismissed, 19.80%
On Appeal to SC, 0.05%
The court, motu proprio or upon motion of any party, may likewise archive a criminal
case when proceedings are ordered suspended for an indefinite period because of
the following: a) the accused is suffering from an unsound mental condition; b)
existence of a valid prejudicial question in a civil case during the pendency of the
criminal case; c) an interlocutory order or incident is elevated to, and is pending
before a higher court, which thereafter, has issued a temporary restraining order or
writ of preliminary injunction; and d) when an accused has jumped bail before
arraignment and cannot be arrested by his bondsmen.25

However, archiving rules are not uniformly implemented. While a majority of the
cases have outstanding warrants of arrest for more than six (6) months, some
provisionally dismissed cases are also sometimes archived.
24OCA Circular No. 89-04 dated August 12, 2004 has the following subject: Reiteration of the Guidelines in
Archiving Cases
25 Ibid.
44
Majority of dismissals at the trial court level are based on Affidavits of Desistance.
Prior to the 2012 amendments to the Anti-Trafficking Act, there was no prohibition
on the use of Affidavits of Desistance as a basis to dismiss a case.26 The
amendment directs both the public and private prosecutors to oppose and manifest
objections to motions of dismissals.27 This amendment was a legislative response

borne out of numerous cases that have been dismissed based on Affidavits of
Desistance.
Nonetheless, when the prosecutor’s case rest solely on the testimony of the victim
and no other evidence is presented or is available to be presented, the case will be
dismissed.
In a 2013 case, a court in the Sixth Judicial Region dismissed the case against the
accused based on the violation of their right to a speedy trial. One year had passed
from the detention of the accused and they have not been arraigned because the
public prosecutors and the complainants failed to appear.28

On the other hand, less than half a percent are provisionally dismissed. In almost all
instances of provisional dismissal, the cause is the non-appearance of the
complainant or the material witnesses during the presentation of the prosecution’s
case. A particular case in the Seventh Judicial Region was provisionally dismissed
for failure of the material witnesses, the police, to appear.29

In another case decided in April 2013, a court in the Fifth Judicial Region allowed
the case to be provisionally dismissed primarily due to the settlement of the civil
aspect of the case.30

26 Section 8. Initiation and Prosecution of Cases. –
xxx xxx xxx
(c) Affidavit of Desistance. – Cases involving trafficking in persons should not be dismissed based
on the affidavit of desistance executed by the victims or their parents or legal guardians. Public
and private prosecutors are directed to oppose and manifest objections to motions for dismissal.
!
Any act involving the means provided in this Act or any attempt thereof for the purpose of securing
an Affidavit of Desistance from the complainant shall be punishable under this Act. [As amended
by R.A. 10364]
27 Ibid.
28People vs. Shin and Botor, Crim Case No. 10583, Sixth Judicial Region, Regional Trial Court, Branch 7,
Kalibo, Aklan.
29 People vs. Epe, et al. Criminal Case No. 14728, Seventh Judicial Region, Regional Trial Court, Branch 49, City
of Tagbilaran
30People v. Competente, Criminal Case No. 13653, Fifth Judicial Region, Regional Trial Court, Branch 40, Daet,
Camarines Norte
45
The likelihood of provisionally dismissed cases being revived are slim, resulting in
their eventual dismissal. The rule on provisional dismissals31 is found in Section 8,
Rule 117 of the Revised Rules of Court:
SEC.8. Provisional dismissal. — A case shall not be provisionally

dismissed except with the express consent of the accused and with
notice to the offended party.
The provisional dismissal of offenses punishable by imprisonment not

exceeding six (6) years or a fine of any amount, or both, shall become
permanent one (1) year after issuance of the order without the case
having been revived. With respect to offenses punishable by
imprisonment of more than six (6) years, their provisional dismissal
shall become permanent two (2) years after issuance of the order
without the case having been revived.
Since trafficking offenses are penalized with at least 6 years of imprisonment, the
time bar for the revival of the prosecution is 2 years.
On the other hand, 33.26% are on active trial. If the Supreme Court’s guidelines are
followed, these cases should be tried and decided within 180 days or 6 months
from the time of arraignment.32 Realistically however, the median period for trial,

using the cases which resulted in either acquittal or conviction, is 565 days or 1 year
and 5 months.
!
!
!
!
!
31 A case is provisionally dismissed if the following requirements concur: 1) the prosecution with the express
conformity of the accused, or the accused, moves for a provisional dismissal (sin perjuicio) of his case; or both
the prosecution and the accused move for its provisional dismissal; 2) the offended party is notified of the
motion for a provisional dismissal of the case; 3) the court issues an order granting the motion and dismissing
the case provisionally; and 4) the public prosecutor is served with a copy of the order of provisional dismissal of
the case. In People v. Lacson (400 SCRA 293 [2003]), we ruled that there are sine qua non requirements in the
application of the time-bar rule stated in the second paragraph of Section 8 of Rule 117. We also ruled that the
time-bar under the foregoing provision is a special procedural limitation qualifying the right of the State to
prosecute, making the time-bar an essence of the given right or as an inherent part thereof, so that the lapse of
the time-bar operates to extinguish the right of the State to prosecute the accused. [Los Banos vs. Pedro 586
SCRA 303 (2009)]
32The Supreme Court, through the Office of the Court Administrator, issued OCA Circular No. 151-2010 in the
exercise of its administrative supervision over all trial courts. The said circular ordered all trial courts to expedite
the disposition of cases involving violations of the Anti-Trafficking Act which are mandated to be heard
continuously with hearing dates being spaced not more than two weeks apart. In addition, newly-raffled ones
should be heard and decided within 180 days from arraignment of the accused.
46
!
concluded trials which resulted in conviction vs. acquittal
!
!
Of the charges
where a full trial on
the merits were held,
Acquittal or concluded trials,
27%
133 charges or 76%
resulted in
convictions.
Specifically excluded
Conviction
73% here are those which
have been
provisionally
dismissed, archived
or dismissed without
a full trial. Of the charges which resulted in convictions, 11% resulted in a finding of
guilt of a lesser offense than what was charged.
!
!
number of convictions under the Aquino Administration
compared to the Arroyo Administration
35
30
25
20 Arroyo Administration-37 convictions
15 Aquino Administration-96 convictions
10
0
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
47
The Aquino administration, in just a little over 3 years oversaw 96 convictions of
trafficking chargers. However, the Arroyo administration in 8 years only oversaw 37
convictions. By way of comparison, the Aquino administration has 2 1/2 times the
number of convictions than the Arroyo administration.
!
using the metric set in the 2012 UN global report on
trafficking in persons
!
!
The 2012 United Nations Office on Drugs and Crimes Global Report on Trafficking in
Persons states that among the 100 countries which provided information on the
number of convictions for trafficking in persons for the year 2010 (excluding a
limited number of exceptions), the rate ranged between 0 and 1.6 per 100,000
inhabitants. If the distribution of countries is considered according to the conviction
rates the majority of the countries registered conviction rates between 0 and 0.6. A
conviction rate above 1 was registered in very few cases, and the rate rose above
1.6 per 100,000 persons in only two cases. The mean value for the conviction rates
in 2010 among these 100 countries is 0.154 per 100,000 people.
In comparison, the mean value for the conviction rates in 2010 in the Philippines
is .023 per 100,000 persons.
number of convictions per 100,000 persons: national

0.0350
0.0325
0.0300
0.0282
0.0260
0.0250
0.0238
0.0200
0.0150 0.0147
0.0100 0.0105
0.0068
0.0050 0.0045
0.0000 0.0000 0.0000 0.0000

2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
* 100% of trafficking cases has available data on the number of convictions per region
!
Courts, including the Court of Appeals and the Supreme
Court publish the names of the victims, contrary to Sec. 7 of
the Anti-Trafficking Act.
!
In all cases filed with the trial courts, names and other identifying information of the
victims are stated. In the two (2) cases on trafficking decided by the Supreme Court,
48
one was a decision which stated the full name of the trafficking victim.33 The other
one is a minute resolution which did not mention the name of the minor victims.
However in the same case, the names of the minor victims were explicitly stated in
the Court of Appeals decision.34  
33 See People v. Lalli, G.R. No. 195419, 12 October 2011, 659 SCRA 105 (2011)
34 See People v. Ebarat, G.R. No. 203643, 10 April 2013 and People v. Ebarat, CA-G.R. CR-HC No. 00912
49
legal framework 
50
the anti-trafficking act of 2003, as amended
!
The Anti-Trafficking in Persons Act35 defines trafficking in persons as covering acts

of “recruitment, obtaining, hiring, providing, offering, transportation, transfer,

maintaining, harboring, or receipt of persons with or without the victim’s consent or
knowledge”36 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.”37

The purpose of exploitation or type of trafficking includes “the prostitution of others

or other forms of sexual exploitation, forced labor or services, slavery, servitude or
the removal or sale of organs”38 as well as child engagement in armed activities.39

Trafficking may be within or across national borders.40

In the case of children, trafficking in persons exist even if it does not involve any of
the means stated above when the act of “recruitment, transportation, transfer,
harboring, adoption or receipt of a child” is for the purpose of exploitation or when
the adoption is induced by any form of consideration for exploitative purposes.”41

The Anti-Trafficking Act also separately defines offenses as acts of trafficking,42 acts
promoting trafficking,43 and qualified trafficking.44 Attempted acts of trafficking,45

accomplice liability46 and accessory liability47 are also separately penalized. Use of

35Republic Act No. 9208 or the Anti-Trafficking in Persons Act of 2003, as amended by Rep. Act No. 10368 or
the Expanded Anti-Trafficking in Persons Act of 2012
36 Rep. Act No. 9208, as amended, Section 3 (a)
37 ibid.
38 ibid.
39 Rep. Act No. 9208, as amended, Sec. 4 (i)
40 ibid.
41 ibid.
42 Rep. Act No. 9208, as amended, Section 4
45 Rep. Act No. 9208, as amended, Section 4-A
46 Rep. Act No. 9208, as amended, Section 4-B
47 Rep. Act No. 9208, as amended, Section 4-C
51
trafficked persons for prostitution is now heavily penalized,48 with the added penalty

of dismissal from public office and perpetual disqualification to hold office for public
officers. Convicted offenders who are foreigners are also deported after service of
their prison terms.
Notably, when a person is trafficked for prostitution, the victim is no longer subject
to prosecution for prostitution under the Revised Penal Code of the Philippines.49
Further, the amendments to the Act removed the confidentiality of the identity of
persons accused of trafficking. Public identification of the suspected traffickers’
name may serve as a warning to potential victims.
The Anti-Trafficking Act not only defines criminal acts of trafficking but also seeks to
implement preventive, protective and rehabilitative programs to ensure the recovery,
rehabilitation and reintegration of trafficking victims into the mainstream society.50

!
other domestic laws used to fight trafficking in
persons
!
In the case of People v. Lalli,51 the Supreme Court ruled that when an act or acts

violate two or more different laws and constitute two different offenses, prosecution
under one will not bar a prosecution under the other. The Court explained that the
constitutional right against double jeopardy only applies to the risk of being
punished twice for the same offense, or for an act punished by a law and an
ordinance. The prohibition on double jeopardy does not apply to an act or series of
acts constituting different offenses. Hence, a trafficker may be charged under the
Anti-Trafficking Act and any of the following laws:
!
The Anti-Child Abuse Act
!
The Anti-Child Abuse Act52 was enacted in 1992 in consonance with the declared

policy of the State to provide special protection to children from all forms of abuse,

50 Rep. Act No. 9208, as amended, Sections 2 and 16
51 People vs. Lalli, 659 SCRA 105 (2011) citing People v. Tac-an, 261 Phil. 728, 746; 182 SCRA 601 (1990).
52Rep. Act No. 7610, or the Special Protection of Children against Child Abuse, Exploitation and Discrimination
Act of 1992, as amended by Rep. Act No. 9231 (2003).
52
neglect, cruelty exploitation and discrimination and other conditions prejudicial to
their development.53

Relevant to the Anti-Trafficking Act, “child abuse" is defined as the maltreatment,

whether habitual or not, of the child which includes any of the following: (1)
psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment; (2) any act by deeds or words which debases, degrades or demeans
the intrinsic worth and dignity of a child as a human being; (3) unreasonable
deprivation of his basic needs for survival, such as food and shelter; or (4) failure to
immediately give medical treatment to an injured child resulting in serious
impairment of his growth and development or in his permanent incapacity or
death.54 Child prostitution is also defined in the law as “children, whether male or

female, who for money, profit, or any other consideration or due to the coercion or
influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious
conduct, are deemed to be children exploited in prostitution and other sexual
abuse.”55

Further, the Anti-Child Abuse Act provides that no child shall be engaged in the
worst forms of child labor.56 “Worst forms of child labor” include all forms of slavery,

as defined under the Anti-Trafficking in Persons Act, or practices similar to slavery

such as sale and trafficking of children, debt bondage and serfdom and forced or
compulsory labor, including recruitment of children for use in armed conflict; the
use, procuring, offering or exposing of a child for prostitution, for the production of
pornography or for pornographic performances; or the use, procuring or offering of
a child for illegal or illicit activities, including the production and trafficking of
dangerous drugs and volatile substances prohibited under existing laws; and work
which, by its nature or the circumstances in which it is carried out, is hazardous or
likely to be harmful to the health, safety or morals of children.57
!
The Anti-Child Pornography Act
!
The Anti-Child Pornography Act was enacted in 2009 in response to the need of
protecting every child from all forms of exploitation and abuse including, but not
limited to the use of a child in pornographic performances and materials and the
53"Rep. Act. No. 7610 (1992), Sec. 2.

54 Rep. Act. No. 7610 (1992), Sec. 3 (b).
55 Rep. Act. No. 7610 (1992), Sec. 5.
56 Rep. Act. No. 7610 (as amended), Sec. 12-D.
57 Ibid.
53
inducement or coercion of a child to engage or be involved in pornography through
whatever means.58

Relevant to the Anti-Trafficking Act, the Anti-Child Pornography Act defines child
pornography as “any representation, whether visual, audio, or written combination
thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of
child engaged or involved in real or simulated explicit sexual activities.”59 Under the
Anti-Child Pornography Act it is unlawful to hire, employ, use, persuade, induce or

coerce a child to perform in the creation or production of any form of child
pornography.60 To further emphasize the State’s policy against child pornography,

willfully accessing any form of child pornography61 and mere possession of any

form of child pornography62 are likewise punishable under this Act. It is also

prohibited to knowingly, willfully and intentionally provide a venue, such as but not
limited to, dens, private rooms, cubicles, cinemas, houses, or in establishments
purporting to be a legitimate business, for the commission of prohibited acts.63
Moreover, film distributors, theaters and telecommunication companies, by

themselves or in cooperation with other entities, are prohibited from distributing any
form of child pornography.64

!
Batas Kasambahay
!
The Batas Kasambahay was enacted in 2013 in recognition of the need to protect
the rights of domestic workers65 against abuse, harassment, violence, economic

exploitation and performance of work that is hazardous to their physical and mental
58 Rep. Act. No. 9775 (2009), Sec. 2.

59 Rep. Act No. 9775 (2009), Sec. 3 (b)
60 Rep. Act. No. 9775 (2009), Sec. 4 (a).
61 Rep. Act. No. 9775 (2009), Sec. 4 (j).
62 Rep. Act. No. 9775 (2009), Sec. 4 (l).
63 Rep. Act. No. 9775 (2009), Sec. 4 (e).
64 Rep. Act. No. 9775 (2009), Sec. 4 (f).
65 Domestic worker or “kasambahay” refers to any person engaged in domestic work within an employment
relationship such as, but not limited to, the following: general househelp, nursemaid or “yaya” (nanny), cook,
gardener, or laundry person, but shall exclude any person who performs domestic work only occasionally or
sporadically and not on an occupational basis. Note that the term shall not include children who are under foster
family arrangement, and are provided access to education and given an allowance incidental to education, i.e.
“baon” (school allowance), transportation, school projects and school activities. cf. Rep. Act. No. 10361 (2012),
Sec. 2 (c) and Sec. 4 (d).
54
health.66 Relevant to the Anti-Trafficking Act, Batas Kasambahay, specifically

declares as unlawful debt bondage.67 Debt bondage refers to “the rendering of

service by the domestic worker as security or payment for a debt where the length
and nature of service is not clearly defined or when the value of the service is not
reasonably applied in the payment of the debt.”68

Among the rights and privileges accorded to domestic workers include creating a
standard of treatment,69 providing board, lodging and medical attendance,70 offering

a guarantee of privacy,71 and establishing the domestic worker’s right to education

and training.72

!
The Anti-Mail Order Bride Act
!
The Anti-Mail Order Bride Act was enacted in 1990. Relevant to the Anti-Trafficking
Act, a violation of the Anti-Mail Order Bride Act is considered as an act of
trafficking. Under the Anti-Mail Order Bride Act it is unlawful for a person to
“establish a business which has for its purpose the matching of Filipino women for
marriage to foreign nationals either on a mail-order basis or through personal
introduction”73 and to “advertise, publish, print or distribute”74 materials which

promote match-making of Filipino women to foreigners by “newspaper, magazine,

television or radio station, or other media, or of an advertising agency, printing
company or other similar entities.”75

!
!
!
66 Rep. Act. No. 10361 (2013), Sec. 2 (c).
67 Rep. Act No. 10361 (2013), Sec. 15.
68 Rep. Act No. 10361 (2013), Sec. 4 (a)
69 Rep. Act. No. 10361 (2012), Sec. 5.
70 Rep. Act. No. 10361 (2012), Sec. 6.
71 Rep. Act. No. 10361 (2012), Sec. 7.
72 Rep. Act. No. 10361 (2012), Sec. 9.
73 Rep. Act No. 6955 (1990), Sec. 2 (a) (1).
74 Rep. Act No. 6955 (1990), Sec. 2 (a) (2) (3) (4).
75 Ibid.
55
The Anti-Violence Against Women and their Children Act
!
The Anti-Violence Against Women and Their Children Act (Anti-VAWC Act) was
enacted in 2004.76 Relevant to the Anti-Trafficking Act, trafficking acts may also be

considered as acts of violence against women and their children when the
perpetrator is a husband, former husband, or who has a sexual or dating
relationship with the victims.77 “Violence against women and their children" is

defined as any act or a series of acts committed by any person against a woman
who is his wife, former wife, or against a woman with whom the person has or had a
sexual or dating relationship, or with whom he has a common child, or against her
child whether legitimate or illegitimate, within or without the family abode, which
result in or is likely to result in physical, sexual, psychological harm or suffering, or
economic abuse including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty.78 It includes, but is not limited to,

physical violence, sexual violence, psychological violence, and economic abuse.79

“Children” under this Act are those below eighteen (18) years of age or older but are
incapable of taking care of themselves as defined under Republic Act No. 761080.
As used in this Act, it includes the biological children of the victim and other
children under her care.81

One of the main features of the Anti-VAWC Act is the issuance of Protection Orders.
A protection order is an order issued for the purpose of preventing further acts of
violence against a woman or her child and granting other necessary relief.82 The
relief granted under a protection order serve the purpose of safeguarding the victim
from further harm, minimizing any disruption in the victim's daily life, and facilitating
the opportunity and ability of the victim to independently regain control over her
life.83 The provisions of the protection order shall be enforced by law enforcement

agencies.84 The protection orders that may be issued under this Act are the

76 Rep. Act. No. 9262 (2004), Sec. 2.

77 Rep. Act No. 9262 (2004), Sec. 3 (a).
78 Rep. Act. No. 9262 (2004), Sec. 3 (a).
79 Ibid.
80 The Special Protection of Children Against Abuse, Exploitation and Discrimination Act of 1992, as amended.
81 Rep. Act. No. 9262 (2004), Sec. 3 (h).
82 Rep. Act. No. 9262 (2004), Sec. 8.
83 Ibid.
84 Ibid.
56
barangay protection order (BPO), temporary protection order (TPO) and permanent
protection order (PPO).85

Violence against women and their children is considered as a public offense which
may be prosecuted upon the filing of a complaint by any citizen having personal
knowledge of the circumstances involving the commission of the crime.86

!
The Inter-Country Adoption Act
!
The Inter-Country Adoption Act was enacted in 1995 to regulate adoption by a
foreigner or a Filipino citizen permanently residing abroad when the the following
are done outside of the Philippines: filing of petition for adoption, undertaking of
supervised trial custody, and issuance of the decree of adoption.87

Relevant to the Anti-Trafficking Act, there is a presumption of illegal adoption when:

(1) consent for an adoption was acquired through, or attended by coercion, fraud,
improper material inducement; (2) there is no authority from the Board to effect
adoption; (3) the procedures and safeguards placed under the law for adoption were
not complied with; and (4) the child to be adopted is subjected to, or exposed to
danger, abuse and exploitation.88

!
The Migrant Workers Act
!
The Migrant Workers Act was enacted in 1995. Relevant to the Anti-Trafficking Act,
the Migrant Workers Act defines and penalizes illegal recruitment. Illegal recruitment
may be a form of labor trafficking when consent is not legitimately obtained.89 The
Migrant Workers Act defines illegal recruitment as any act of “canvassing, enlisting,
contracting, transporting, utilizing, hiring, or procuring workers and includes
referring, contract services, promising or advertising for employment abroad,
whether for profit or not” committed by “a non-licensee or non-holder of authority
85 Ibid.
86 Rep. Act. No. 9262 (2004), Sec. 25.
87 Rep. Act. No. 8043 (1995), Sec. 3 (a).
88 Ibid.
89Recruitment is considered an act of trafficking when it is attended by “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.” cf. Rep. Act No. 9208, as amended, Section 3 (a).
57
contemplated under Article 13(f) of Presidential Decree No. 442, as amended,
otherwise known as the Labor Code of the Philippines.” Any person is deemed as
engaging in the act of illegal recruitment if he “offers or promises for a fee
employment abroad to two or more persons.”
!
 
!
58
international declarations, agreements, and
conventions
!
In accordance with the Philippine Constitution, international and national laws, the
Philippines has ratified several international conventions relating to trafficking in
persons such as:
!
1. The United Nations Convention against Transnational Organized Crime (CTOC);
Signed: 14 December 2000; Ratified: 28 May 2002
!
States that ratify this instrument commit to taking a series of measures against
transnational organized crime. Measures include (1) the creation of domestic
criminal offenses to punish such acts; (2) the adoption of new and sweeping
frameworks for extradition, mutual legal assistance and law enforcement
cooperation; and (3) the promotion of training and technical assistance for building
or upgrading the necessary capacity of national authorities. The CTOC is aimed at
primarily curbing human trafficking, arms trafficking and drug trafficking.
!
2. The United Nations Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children; Signed: 14 December 2000; Ratified:
28 May 2002
!
This Protocol is a supplement the CTOC. Its purpose is to prevent and prosecute
trafficking in persons, paying particular attention to women and children; to protect
and assist victims of trafficking, with full respect for their human rights; and to
promote cooperation among States in order to meet these objectives. The Protocol
provides a definition of "trafficking in persons" and attempts to safeguard victims
while punishing the offenders.
!
3. The United Nations Protocol against the Smuggling of Migrants by Land, Sea
and Air (Smuggling Protocol); Signed: 14 December 2000; Ratified: 28 May 2002
!
The Smuggling Protocol also supplements to the CTOC. It is aimed at the
protection of the rights of migrants and the reduction of the power and influence of
organized criminal groups that abuse migrants. It emphasizes the need to provide
migrants with humane treatment and the need for comprehensive international
approaches to combating people smuggling, including the socio-economic
measures that address the root causes of migration.
!
!
59
4. The United Nations International Covenant on Economic, Social and Cultural
Rights (ICESCR); Signed: 19 December 1966; Ratified: 7 June 1974
!
This along with the ICCPR and Universal Declaration of Human Rights forms part of
what is commonly known as the International Bill of Human Rights. This convention
commits its parties to work toward the granting of economic, social, and cultural
rights to all individuals regardless of race, gender, religion or immigration status,
including labor rights and the right to health, the right to education, and the right to
an adequate standard of living
!
5. The United Nations International Covenant on Civil and Political Rights (ICCPR);
Signed: 19 December 1966; Ratified: 23 October 1986
!
This along with the ICESCR and Universal Declaration of Human Rights forms part
of what is commonly known as the International Bill of Human Rights. This
convention commits its parties to respect the civil and political rights of all
individuals regardless of race, gender, religion or immigration status, including the
right to life, freedom of religion, freedom of speech, freedom of assembly, electoral
rights and rights to due process and a fair trial.
!
6. The United Nations Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW); Signed: 15 July 1980; Ratified: 5 August 1981
!
The Convention defines what constitutes discrimination against women and sets up
an agenda for national action to end such discrimination. It affirms women's rights
to acquire, change or retain their nationality and the nationality of their children.
State parties also agree to take appropriate measures against all forms of traffic in
women as well as the exploitation of women.
!
7. The United Nations Optional Protocol to the Convention on the Elimination of All
Forms of Discrimination against Women (Optional Protocol to CEDAW); Signed:
21 March 2000; Ratified: 12 November 2003
!
Supplements the CEDAW by providing two procedures: A communications
procedure that allows women to submit claims of violations of rights protected
under the Convention to the Committee as well as an inquiry procedure enabling
the Committee to initiate inquiries into situations of grave or systematic violations of
women’s rights.
!
!
!
60
!
!
8. The United Nations Convention on the Rights of the Child (CROC); Signed: 26
January 1990; Ratified: 21 August 1990
!
This Convention provides for the full range of children’s rights. These are, the right
to survival, to develop to the fullest, to protection from harmful influences, abuse
and exploitation, and to participate fully in family, cultural and social life. It also
requires State Parties to take all appropriate national, bilateral and multilateral
measures to prevent the abduction of, the sale of or traffic of children for any
purpose or in any form.
!
!
9. The United Nations Optional Protocol on the Sale of Children, Child Prostitution
and Child Pornography; Signed: 8 September 2000; Ratified: 28 May 2002
!
This Protocol requires Party States to prohibit the sale of children, child prostitution
and child pornography. It provides for definitions of the above mentioned offenses.
It also creates obligations on governments to criminalize and punish the activities
related to these offenses. It requires punishment not only for those offering or
delivering children for the purposes of sexual exploitation, transfer of organs or
children for profit or forced labor, but also for accepting children for these activities.
!
!
10. The United Nations Convention for the Suppression of the Traffic in Persons and
of the Exploitation of the Prostitution of Others; Signed: 20 December 1950;
Ratified: 19 September 1952
!
This Convention requires State signatories to punish any person who "procures,
entices or leads away, for purposes of prostitution, another person, even with the
consent of that person", "exploits the prostitution of another person, even with the
consent of that person", run brothels or rent accommodations for prostitution
purposes. It also prescribes procedures for combating international traffic for the
purpose of prostitution, including extradition of offenders.
!
!
11. The United Nations Supplementary Convention on the Abolition of Slavery
Accession: 17 November 1964
!
The Convention bans debt bondage, serfdom, early and servile marriage and child
servitude. The convention proposed to secure the abolition of slavery, the slave
61
trade and forced labor. This combines and supplements the 1926 Slavery
Convention and 1930 Forced Labor Convention.
!
12. The United Nations International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families; Signed: 15 November
1993; Ratified: 5 July 1995
!
This Convention protects all migrant workers and members of their families,
irrespective of their immigration status. However, the rights granted to documented
and undocumented workers are not identical. It shall apply during the entire
migration process of migrant workers and members of their families, which
comprises of preparation, departure, transit and the entire period of stay and
remunerated activity in the State of employment as well as return to the State of
origin or the State of habitual residence.
!
13. The International Labor Organization Convention Concerning the Prohibition and
Immediate Action for the Elimination of the Worst Forms of Child Labor (Worst
Forms of Child Labor Convention); Signed: 17 June 1999; Ratified: 28 November
2000
!
This Convention prohibits the worst forms of child labor. Worst forms of child labor
is defined to include all forms of slavery or practices similar to slavery, the sale of a
child; trafficking of children, debt bondage or any other form of bonded labor;
forced labor, including recruitment of children for use in armed conflict; commercial
sexual exploitation of children, prostitution; pornography; the procuring or offering
of a child by others for illegal activities, which includes the trafficking or production
of drugs; and work which by its nature is likely to harm the health, safety or morals
of children
!
14. The International Labor Organization Convention Concerning Forced or
Compulsory Labor; Ratified: 15 July 1005
!
This Convention is intended to completely suppress the use of forced or
compulsory labor in all its forms within the shortest possible period. It is one of the
fundamental conventions of the ILO. It defines forced labor as “all work or service
which is exacted from any person under the menace of any penalty and for which
said person has not offered himself voluntarily”.
!
!
!
!
62
15. Universal Declaration of Human Rights; Adopted: 10 December 1948
!
While not a treaty itself, the Declaration was explicitly adopted for the purpose of
defining and identifying the "fundamental freedoms" and "fundamental rights" of all
human beings, which eventually became the basis of the United Nations Charter,
which is binding on all member states. It includes the right to be free from slavery
under which the right against trafficking can be found. For this reason the Universal
Declaration is a fundamental constitutive document of the United Nations.
!
16. The Association of South East Asian Nations Declaration on the Protection and
Promotion of the Rights of Migrant Workers; Adopted: 13 January 2007
!
As ASEAN countries are both origin and destination countries, the Declaration
encouraged the Participating Countries to cooperate in resolving the cases of
undocumented migrants as well as seek to protect the fundamental rights of
migrant workers and their families. It also outlines the obligations of destination and
origin countries and seeks to coordinate their policies on migration and protection
of rights.
17. The Association of South East Asian Nations Declaration Against Trafficking of
Persons Particularly Women and Children; Adopted: 29 November 2004
!
The Declaration seeks to establish a regional focal network to prevent and combat
trafficking in persons, particularly women and children, in the ASEAN region. Thus,
it seeks to encourage all Member States to protect the rights of all traffic victims
and to enforce coercive action against traffickers.
63
way forward
!
64
At this juncture it would be worthwhile to recognize that the Philippines has done a
significant amount of work in its fight against trafficking. As early as 2003, it has
defined and criminalized trafficking in persons using the guidelines set in the United
Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children only after less than a year from the date of ratification. In order
to strengthen the law, the Philippine legislature passed in 2012 an amendatory law
to the Anti-Trafficking in Persons Act, by increasing penalties and criminalizing even
an attempted act of trafficking.
Further, the Department of Justice (DOJ) houses the secretariat of the Inter-Agency
Council Against Trafficking and has created a dedicated Anti-Trafficking Task Force.
In 2012, the budget given to the DOJ to prosecute trafficking cases was 50 million
pesos.90 In 2013, this was doubled to 100 million pesos.91

Lastly, even the Supreme Court recognizes that trafficking in persons is an

especially heinous act requiring speedy resolution.92

With the legislative and institutional framework in place, what is needed is just a
shift in focus on the allocation of time and resources in the fight against trafficking.
The author hopes that these small changes in action will result into greater victories
in the fight against this modern form of slavery.
!
!
address the demand side of
the commercial sex trade — by
focusing on the prosecution of
the offense of Use of Trafficked
Persons
!
Of all the trafficking cases audited for this report, not one has been filed for the
offense of Use of Trafficked Persons under Section 11 of the Anti-Trafficking in
Persons Act. While the 2012 amendments to Section 11 have increased penalties,
convictions under this provision must be made to address the demand side of
sexual trafficking. Based on findings sexual trafficking comprise 91% of all
trafficking cases.
90 Address of the President of Republic of the Philippines on the 2012 National Budget
91 Address of the President of Republic of the Philippines on the 2013 National Budget
92 OCA Circular No. 151-2010
65
As long as sexual trafficking remains to be profitable, there will always be traffickers
and trafficking victims. Prosecuting and convicting persons for the use of trafficked
persons, and equally important, by publicizing such convictions, would serve as a
deterrent to such exploitation. An increased focus on the crime of Use of Trafficked
Persons can be included in IACAT’s program to prevent and suppress the trafficking
in persons.93

Sweden, which banned the purchase of sexual services since 1999, saw its street
prostitution significantly decrease.94 Nonetheless, there is a general sense that

payment for sex, where the initial contact is made through the internet, is growing in
number in Sweden, Denmark and Norway.95

The Philippine Government has established a CyberCrime unit within the National
Bureau of Investigation which specifically prosecutes crimes committed using the
internet, which includes cyber pornography.
Hence, hand in hand with intensifying the prosecution of the the offense of use
trafficked persons, cyber trafficking must also be closely watched.
As a society, we must also address the issue of how boys are brought up to be men
— that paying for sex encourages commercial sex trade which worsens sexual
trafficking.
!
move away from relying mainly
on the victim’s testimony in
trafficking in persons cases —
both from the viewpoint of
case build up by the
prosecution and from the
93 Section 21 of the Anti-Trafficking in Persons Act.

94“Human trafficking for sexual purposes is a growing form of serious economic crime in large areas of the
world. Although it is hard to assess the exact scale of human trafficking for sexual purposes, in Sweden the
establishment of this kind of crime is considered to be substantially smaller in scale than in other comparable
countries. According to the Swedish Police, it is clear that the ban on the purchase of sexual services acts as a
barrier to human traffickers and procurers who are considering establishing themselves in Sweden.”
Selected extracts of the Swedish government report SOU 2010:49: “The Ban against the Purchase of Sexual
Services. An evaluation 1999-2008” http://www.government.se/content/1/c6/15/14/88/0e51eb7f.pdf (last
accessed 04 February 2014)
95 “In the last five years, Internet prostitution has increased in Sweden, Denmark and Norway.” ibid.
66
viewpoint of case analysis by
the courts
!
In a 2013 case, a court in the Sixth Judicial Region dismissed the case against the
accused based on the violation of their right to a speedy trial.96 One year had
passed from the detention of the accused and they have not been arraigned
because the public prosecutors and the complainants failed to appear.97 While
Affidavits of Desistance are no longer allowed after the 2012 amendments to the
Anti-Trafficking Act, so long as the main evidence of the prosecution is the
testimony of the victim, there will be acquittals due to failure to provide proof
beyond reasonable doubt.
In a case which resulted in the conviction of the accused on three counts of

recruitment of minors for the purpose of sexual trafficking,98 the court relied on the

testimonial evidence of a witness (who is not one of the complainants).99 In this
case however, several non-testimonial evidence were also presented by the

prosecution including evidence of receipt of marked money and surveillance tapes
which showed that the minor victims were under the control of the accused. While
mentioned in the court’s decision, a closer reading reveals that the court only relied
on testimony of the eye-witness who saw the actual act of sexual trafficking.
!
emphasize the totality of
circumstantial evidence in the
prosecution’s theory of the
case
!
In almost all cases which resulted in the acquittal of the accused, the trial courts did
not find that there was guilt beyond reasonable doubt because of there was no
direct evidence tying the accused to the acts of trafficking. Relevantly, Rule 133
Sec. 4 of the Revised Rules of Court, provides that circumstantial evidence is
96 CONST. (1987), Art. III, Sec. 16. ““All persons shall have the right to a speedy disposition of their cases before
all judicial, quasi-judicial, or administrative bodies.” and Rep. Act. No. 8493 or the Speedy Trial Act of 1998.
97People vs. Shin and Botor, Crim Case No. 10583, Sixth Judicial Region, Regional Trial Court, Branch 7,
Kalibo, Aklan.
98People vs. Albert DJ Sanchez, RTC Branch 48-Manila, filed by the Crime Investigation and Detection Group of
the Philippine National Police and the International Justice Mission.
99The witness stated under oath that he had personal knowledge of the acts of sexual exploitation done to the
male minor victims because the accused pimped the minor victims (including the witness, who did not file a
case against the accused) to foreign male clients.
67
sufficient for conviction if (1) there is more than one circumstance; (2) the facts from
which the inferences are derived are proven; (3) the combination of all the
circumstances is such as to produce a conviction beyond reasonable doubt.
!
engage the city government,
specifically the office that
issues business permits, in the
fight against trafficking
!
Statistics gathered from the audit show that trafficking in persons cases are
geographically concentrated on the top five cities (Pasay, Manila, Muntinlupa,
Mandaue and Zamboanga) and provinces (Pampanga, Samar, Quezon, Biliran and
Bukidnon). These areas are all urban centers with developed red light districts. City
governments will be especially helpful as their business permits offices annually
map business establishments within their jurisdiction. It is recommended that the
police and the Anti-Trafficking Task Force work with the city government in mapping
and identifying establishments where trafficking occurs, especially where illicit
commercial sex trade occurs.
!
there should be a
reinforcement during trainings
that if several laws apply to a
set of circumstances the
accused should be charged
under all these laws following
People vs. Lalli
!
It is specifically stated in the 2012 case of People vs. Lalli that double jeopardy does
not attach where one act is punished by several laws. As laid out in the section on
the Anti-Trafficking Legal Framework of this report, it is not uncommon for a single
criminal act or transaction to constitute a number of different crimes. Charging a
suspected trafficker under all possible applicable laws would allow the prosecution
to ensure that a suspected trafficker is convicted and punished.
!
as 85% of trafficking victims
are women and children,
68
trafficking should be examined
under the lens of gender-based
violence
!
Statistics show that women and children are especially targeted by traffickers and
thus are most vulnerable. A gender audit, and correction if necessary, of
government responders who have direct contact with the victims will go a long way
in the protection and reintegration of trafficked victims.
!
!
the Supreme Court should
strictly implement its
confidentiality guidelines in
order to protect the identities of
trafficking victims
!
!
In all cases filed with the trial courts, names and other identifying information of the
victims are stated. In the two (2) cases on trafficking decided by the Supreme Court,
one was a decision which stated the full name of the trafficking victim.100 The other
one is a minute resolution which did not mention the name of the minor victims.
However in the same case, the names of the minor victims were explicitly stated in
the Court of Appeals decision which was publicly available on its website.101 The
Anti-Child Abuse Act,102 the Anti-Violence Against Women and their Children Act103

and the Anti-Trafficking in Persons Act104 uniformly feature provisions on

confidentiality as a measure to respect the dignity and protect the privacy of the
victims.
Cases involving violations of the Anti-Child Abuse Act and the Anti-Violence Against
Women Act withhold real names of the victims and their identifying information.
Fictitious initials are used in these cases to represent them in order to protect their
100 See People v. Lalli, G.R. No. 195419, 12 October 2011, 659 SCRA 105 (2011)
101 See People v. Ebarat, G.R. No. 203643, 10 April 2013 and People v. Ebarat, CA-G.R. CR-HC No. 00912
102 See Section 29 of the Anti-Child Abuse Act
103 See Section 44 of the Anti-VAWC Act
104 See Sec. 7 of the Anti-Trafficking in Persons Act
69
identity and personal circumstances.105 Nonetheless, these cases still mention the

identifying information of family members, which in turn are used to identify the
identities of the victims.106

However, despite similar provisions on confidentiality under the Ant-Trafficking in

Persons Act, the Court of Appeals and the Supreme Court in their pronouncements
in trafficking cases continue to disclose the name and personal circumstances of
the victims in their publicly available decisions.
This is also despite the 2012 administrative issuance of the Supreme Court of A.M.
No. 12-7-15-SC which provides that the identity of trafficking victims, among
others, should be kept confidential. Said issuance states in pertinent part:
a. These Guidelines shall cover decisions under R.A. No. 9262

(Anti-Violence Against Women and Their Children Act of 2004),
R.A. No. 7610 (Special Protection of Children Against Abuse,
Exploitation and Discrimination Act) and R.A. No. 9208 (Anti-
Trafficking in Persons Act of 2003); and cases where the
confidentiality of the court proceedings and the identity of the
parties involved are mandated by law and/or by the rules in
order to protect the privacy and the dignity of the victims and
their relatives.
b. Decisions rendered by lower courts are likewise covered if

they are to be posted in the part of the Supreme Court's official
website openly accessible to the public.
c. The modification of the decisions shall extend to: (a) the

withholding of the names of the women and child victims in
covered decisions and the use of fictitious initials instead; and
105 See generally, Sanchez v. People, [588 SCRA 747, G.R. No. 179090 (2009)] (Other Acts of Child Abuse);
People v. Fitzgerald, [505 SCRA 573, G.R. No. 149723, (2006)] (Anti-Child Abuse Act); People v. Rentoria, 533
SCRA 708, G.R. No. 175333, 21 September 2007 (Qualified Rape, Anti-VAWC Act), People v. Gloria, 503 SCRA
74, G.R. No. 168476, 27 September 2006 (Rape, Acts of Lasciviousness, Anti-VAWC Act, Anti-Child Abuse Act),
People v. Veloso, 690 SCRA 586, G.R. No. 188849, 13 February 2013. (Rape, Anti-VAWC Act, Anti-Child Abuse
Act), People v. Mateo, 567 SCRA 244, G.R. No. 170569, 30 September 2008. (Rape, Anti-Child Abuse Act, Anti-
VAWC Act), De Castro v. Fernandez, 515 SCRA 682, G.R. No. 155041, 14 February 2007. (Sexual Assault, Anti-
Child Abuse Act, Anti-VAWC Act). See also Resolution in A.M. No. 04-11-09-SC dated September 19, 2006 or
the Rule on Violence Against Women and their Children which mandates that the Court shall use fictitious initials
in lieu of the real names of the victim/s and immediate family members other than the accused, and delete the
exact addresses of the victim to protect the privacy of the victim and their relatives.
106As an example, in People vs. Cabalquinto, [502 SCRA 419, G.R. No. 167693 (2006)] the following statement
was made “(O)n February 18, 2002, the Regional Trial Court of Quezon City, Branch 87, convicted Melchor
Cabalquinto (Cabalquinto) on two (2) counts for the rape of his eight-year old daughter, AAA.” Oddly, the
Cabalquinto case continues to be cited by the Supreme Court as precedent on the importance of ensuring the
confidentiality of the identity of child abuse and VAWC victims. See People vs. Reyes, [G.R. No. 173307 (2013)].
70
(b) the non-disclosure of their personal circumstances or any
other information tending to identify them or disclose their
identities, including the names and information of their
immediate family and household members, from which data the
identities of the victims can be inferred.
d. The modification of covered decisions shall only be made in

the part of the official website of the Supreme Court openly
accessible to the public. Decisions subject to modification shall
extend only to those published in the Supreme Court website
beginning 1996, the year of the earliest Supreme Court
decisions uploaded and made publicly accessible in the SC
website.
e. Modifications shall be made by the Public Information Office

(PIO). The PIO shall furnish a monthly list of modified decisions
to the SC Clerk of Court, the SC Library and the Office of the
Reporter.
The Office of the Court Administrator, through its Legal Office,

shall make the required modifications for lower court decisions
to be uploaded in the Supreme Court's official website. Covered
decisions of the Court of Appeals and the Sandiganbayan shall
be modified by their respective Clerks of Court who shall
furnish a monthly list of these modified decisions to their
respective libraries, to the PIO and the SC Library.
f. Modification of covered decisions in the SC E-Library and

other SC sites which are accessible only by using a "username"
and "password" provided by the SC Library, shall be made by the
SC Library.
g.The SC Library, the other court libraries, the Clerks of Court of

the Court of Appeals and of the Sandiganbayan, and the Office
of the Court Reporter shall duly take note of the Guidelines and
the modified decisions, and shall not release to the public hard
copies of the original or unmodified decisions that have been
modified as provided under pars. (e) and (f) above;
xxx
The responsible court office and/or concerned court personnel

are STRICTLY ORDERED to follow the Guidelines. The Court may
impose administrative sanctions for non-compliance or for
failure to adopt adopt measures to comply with the provisions
of the Guidelines.”
71
Correspondingly, it is recommended that the Supreme Court strictly implement its
confidentiality guidelines to ensure that the identity of trafficking victims are
protected by:
(a) not disclosing of the names of the trafficking victims in covered decisions and
mandate the use of fictitious initials instead;
(b) not disclosing the personal circumstances of trafficking victims or any other
information tending to identify them or disclose their identities, including the
names and information of their immediate family.
(c) ensuring that these guidelines are disseminated, publicized and strictly
observed.
!
!
72
annex
!
!
73
!
PEOPLE v. LALLI
G.R. No. 195419, 12 October 2011
659 SCRA 105 (2011)
!
SUMMARY:
In People v. Lalli, the Court found the three accused guilty of illegal trafficking by a
syndicate and qualified trafficking in persons—both offenses arose out of a single
set of facts. The Court held that when an act or acts violate two or more different
laws and constitute two different offenses, a prosecution under one will not bar a
prosecution under the other.
The Court increased the damages awarded to the victims, using the provisions of
the Civil Code on moral and exemplary damages.
!
PONENTE: Carpio, J.
!
PARTIES:
1. PETITIONER: PEOPLE OF THE PHILIPPINES
2. RESPONDENTS: HADJA JARMA LALLI y PURIH, REYES and RONNIE

ARINGOY y MASION
!
NATURE: Filing of a consolidated criminal case for the crimes of Illegal Recruitment
and Trafficking in Persons
!
PROCEDURAL BACKGROUND: Appeal from a decision of the Court of Appeals
!
FACTS:
!
On June 4, 2005, AAA,107 23 years old, single, from Tumaga, Zamboanga City, was

invited by Ronnie Masion Aringoy (Ronnie) and Rachel Aringoy Canete (Rachel) to
work in Malaysia as a restaurant entertainer. She was told that all she needs is a
passport and she will be paid 500 Malaysian ringgits which is equivalent to
P7,000.00 pesos in Philippine currency.
!
On June 5, 2005, Ronnie went to see AAA and asked if the latter has a passport.
Having no passport and other necessary documents, AAA mentioned to Ronnie that
107 The names of the trafficking victims are not disclosed in this report to protect their identity.
74
she will borrow her sister’s passport. Ronnie introduced AAA to Hadja Jarma Lalli
(Lalli) who processed AAA’s papers and was later on set to go to Malaysia with Lalli.
!
On June 6, 2005, AAA went to Zamboanga City to meet up with Lalli, Ronnie,
Honey and Michele. Ronnie gave AAA a boat ticket for the vessel M/V Mary Joy
bound for Sandakan, Malaysia, together with a passport in the name of Marife
Plando but with AAA’s picture on it, and P1,000.00 in cash.
!
Upon arrival in Malaysia in the morning of June 7, 2005, AAA and her companions
were brought to the said restaurant which turned out to be a prostitution den. They
told Lalli that they do not like to work as prostitutes. They were later on transferred
to the Pipen Club owned by a Chinese Malay called “Boss Awa”, as their employer.
AAA was then forced to work as an entertainer and forced to have sexual
intercourse with customers at the Pipen Club.
!
AAA worked at Pipen Club from June 14 to July 8, 2005 having at least one or more
customers a night with whom she had sexual intercourse. On July 9, 2005, AAA was
able to contact her sister, who is married to an Indonesian national, through
cellphone who is staying at Sipangkot Felda. AAA begged her sister to save her
because she was sold as a prostitute. Her sister told AAA that her husband is going
to the Pipen Club to fetch AAA at 9:00 o’clock in the evening that day. She told
Janet to instruct her husband to ask for No. 60 at the Club. At around 9:00 in the
evening, Daddy Richard, one of the bosses at the club, told AAA that a customer
requested No. 60 which turned out to be AAA’s sister’s husband. They both left the
place and stayed at her sister’s house until July 22, 2005.
!
On July 22, AAA boarded a speedboat to Sibuto, Tawi-Tawi. AAA filed a complaint
before the Zamboanga Police Office at Gov. Lim Avenue on August 2, 2005.
!
ISSUE: Whether or not Lalli and her co-accused are guilty of Syndicated Illegal
Recruitment.
!
ANSWER: Yes.
!
SUPREME COURT RULING:
!
Illegal Recruitment by a Syndicate
!
Given the broad definition of recruitment and placement, even the mere act of
referring someone for placement abroad can be considered recruitment. Such act of
referral, in connivance with someone without the requisite authority or Philippine
75
Overseas Employment Agency (POEA) license, constitutes illegal recruitment. In its
simplest terms, illegal recruitment is committed by persons who, without authority
from the government, give the impression that they have the power to send workers
abroad for employment purposes.
!
In this case, the trial court, as affirmed by the appellate court, found Lalli, Aringoy
and Relampagos to have conspired and confederated with one another to recruit
and place AAA for work in Malaysia, without a POEA license. The three elements of
syndicated illegal recruitment are present in this case, in particular: (1) the accused
have no valid license or authority required by law to enable them to lawfully engage
in the recruitment and placement of workers; (2) the accused engaged in this
activity of recruitment and placement by actually recruiting, deploying and
transporting AAA to Malaysia; and (3) illegal recruitment was committed by three
persons (Aringoy, Lalli and Relampagos), conspiring and confederating with one
another.
!
Trafficking in Persons
!
Trafficking in Persons under Sections 3(a)108 and 4 (a)109 of RA 9208 is not only

limited to transportation of victims, but also includes the act of recruitment of

victims for trafficking. In this case, since it has been sufficiently proven beyond
reasonable doubt, as discussed in the Illegal Recruitment case that all the three
accused (Aringoy, Lalli and Relampagos) conspired and confederated with one
another to illegally recruit AAA to become a prostitute in Malaysia, it follows that
they are also guilty beyond reasonable doubt of the crime of Qualified Trafficking in
Persons committed by a syndicate under RA 9208 because the crime of recruitment
for prostitution also constitutes trafficking.
!
When an act or acts violate two or more different laws and constitute two different
offenses, a prosecution under one will not bar a prosecution under the other. The
constitutional right against double jeopardy only applies to risk of punishment twice
108Trafficking in Persons—refers to the recruitment, transportation, transfer or harboring, or receipt of persons

with or without the victim’s consent or knowledge, within or across national borders by means of threat or
use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking
advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the
consent of a person having control over another person for the purpose of exploitation which includes at a
minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or
services, slavery, servitude or the removal or sale of organs. x x x (Emphasis supplied)
109To 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.
76
for the same offense, or for an act punished by a law and an ordinance. The
prohibition on double jeopardy does not apply to an act or series of acts
constituting different offenses.
!
Payment of Damages
!
The Court modified the payment of damages in the crime of Trafficking in Persons
from P50,000 to P500,000 as moral damages and P50,000 to P100,000 as
exemplary damages.
!
The criminal case of Trafficking in Persons as a Prostitute is an analogous case to
the crimes of seduction, abduction, rape, or other lascivious acts.110 In fact, it is
worse. To be trafficked as a prostitute without one’s consent and to be sexually

violated four to five times a day by different strangers is horrendous and atrocious.
There is no doubt that AAA experienced physical suffering, mental anguish, fright,
serious anxiety, besmirched reputation, wounded feelings, moral shock, and social
humiliation when she was trafficked as a prostitute in Malaysia. Since the crime of
Trafficking in Persons was aggravated, being committed by a syndicate, the award
of exemplary damages111 is likewise justified.
!
!
DISPOSITIVE:
!
In disposing of the case, the Supreme Court issued the following directives:
110 Art. 2219. Moral damages may be recovered in the following and analogous cases:
!
(1) A criminal offense resulting in physical injuries;
(2) Quasi-delicts causing physical injuries;
(3) Seduction, abduction, rape, or other lascivious acts;
(4) Adultery or concubinage;
(5) Illegal or arbitrary detention or arrest;
(6) Illegal search;
(7) Libel, slander or any other form of defamation;
(8) Malicious prosecution;
(9) Acts mentioned in Article 309;
(10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34, and 35.
The parents of the female seduced, abducted, raped, or abused, referred to in No. 3 of this article, may
also recover moral damages.
The spouse, descendants, ascendants, and brothers and sisters may bring the action mentioned in No.
9 of this article, in the order named.
111Art. 2230. In criminal offenses, exemplary damages as a part of the civil liability may be imposed when the
crime was committed with one or more aggravating circumstances. Such damages are separate and distinct
from fines and shall be paid to the offended party.
77
!
(1) MODIFIED, In Criminal Case No. 21908, that each of the accused is sentenced
to suffer the penalty of LIFE IMPRISONMENT and to pay a fine of P2,000,000;
!
(2) MODIFIED, In Criminal Case No. 21930, that each of the accused is sentenced
to suffer the penalty of LIFE IMPRISONMENT and to pay a fine of P500,000;
!
(3) MODIFIED that each of the accused is ordered to pay the offended party AAA
Plando y Sagadsad, jointly and severally, the sum of P500,000 as moral damages,
and P100,000 as exemplary damages for the crime of Trafficking in Persons; and to
pay the costs.
!
(4) AFFIRMING the Decision of the Court of Appeals dated 26 February 2013,
affirming the Decision of the Regional Trial Court of Zamboanga City dated 29
November 2005.
!
The Court cannot pronounce the liability of accused-at-large Nestor Relampagos as
jurisdiction over his person has not been acquired.
!
!
!
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78
!
PEOPLE v. PANSACALA
G.R. No. 194255, 13 June 2012
672 SCRA 549 (2012)
!
SUMMARY:
In People v. Pansacala, Supreme Court found the accused guilty of illegal

recruitment committed by a syndicate. While the law applied was the Migrant
Workers and Overseas Filipinos Act of 1995 and the Civil Code of the Phillippines,
the Court used the policy behind the Anti-Trafficking in Persons Act as basis to
increase the award of damages.
!
PONENTE: Sereno, J.
!
PARTIES:
3. PETITIONER: PEOPLE OF THE PHILIPPINES
4. RESPONDENTS: NURFRASIR HASHIM y SARABAN a.k.a “FRANZ/FRANS,”

MAKDUL JAMAD y BUKIN (AL) a.k.a. “MACKY,” a certain “TAS,” and a
certain “JUN,”, BERNADETTE PANSACALA a.k.a. “Neneng Awid,”.
!
NATURE: Filing of a criminal case for the crime of Illegal Recruitment (Section 6 in
relation to Section 7 (b) of Republic Act. No. 8042 or the Migrant Workers and
Overseas Filipinos Act of 1995)
!
PROCEDURAL BACKGROUND: Appeal from a Decision of the Court of Appeals
!
!
FACTS:
!
On 10 June 2003, Bernadette Pansacala a.k.a. Neneg Awid (accused) approached
AAA, a waitress at a stall in Paseo de Zamboanga, Buenavista, Zamboanga City,
and encouraged her to work in Malaysia. AAA agreed.
!
On 11 June 2003, the next day, the accused visited the house of BBB, a private
complainant, and invited her to work as a saleslady in Brunei which was accepted
by BBB.
79
The following day, the accused, together with co-accused Makdul Amad (Macky)
and a certain Jun, returned to BBB’s house and informed the latter that she will be
escorted with two other men to Malaysia the next day 1:00 p.m.
!
On 13 June 2003, BBB, accused, Macky and Jun met with AAA, and a certain CCC
at Paseo de Zamboanga and later on boarded the M/V Grand Flora bound for
Bongao, Tawi-Tawi. The accused informed private complainants and their
companions that she would follow and bring their passports.
!
On 18 June 2003, they arrived in Labuan, Malaysia and stayed at the “Classic
Hotel” from June 18, 2003 to June 20, 2003. Upon arrival at Cape Imperial located
at Labuan, Malaysia, the accused talked to one “Bunso” but failed to come up with
an agreement on the compensation of the four girls. The accused brought the girls
to Golden Lotus Barber Salon owned by a certain person named “Mommy Cindy”.
!
From 21 June 2003 to 13 July 2003, private complainants were forced to become
sex workers to earn money and pay the debts they incurred from their travel from
Zamboanga City to Labuan, Malaysia.
!
On 22 July 2003, BBB had a customer who was a law enforcer at Kota Kinabalu,
Malaysia to which she sought his help for her return to the Philippines, and the latter
agreed. The next day, the Golden Lotus was raided by the Immigration Officers of
Kota Kinabalu, Malaysia which caused the deportation to the Philippines of several
prostituted Filipino women, including private complainants.
!
ISSUE: Whether or not the accused-appellant Pansacala and other co-accused
conspired in committing and are guilty of Syndicated Illegal Recruitment.
!
ANSWER: Yes.
!
SUPREME COURT RULING:
!
To be convicted of the crime of illegal recruitment committed by a syndicate, the
following elements must occur:
!
1. The accused has no valid license or authority required by law to enable them
to lawfully engage in the recruitment and placement of workers.
2. The accused engaged in this activity of recruitment and placement by

actually recruiting, deploying and transporting.
3. Illegal recruitment was committed by three persons conspiring and

confederating with one another.
80
!
Clearly, it was established beyond reasonable doubt that accused-appellant,
together with at least two other persons, came to an agreement to commit the
felony and decided to commit it. It is not necessary to show that two or more
persons met together and entered into an explicit agreement laying down the details
of how an unlawful scheme or objective is to be carried out. Conspiracy may be
deduced from the mode and manner in which the offense was perpetrated; or from
the acts of the accused evincing a joint or common purpose and design, concerted
action and community of interest.
!
In meting out the penalty, the Court modified the amount of moral and exemplary
damages awarded by the CA.
!
In People v. Lalli,112 the Court increased the amount of moral and exemplary

damages from P50,000 to P500,000 and from P50,000 to P100,000, respectively,

having convicted the accused therein of the crime of trafficking in persons.
!
The Court reasoned in Lalli as follows:
!
The criminal case of Trafficking in Persons as a Prostitute is an
analogous case to the crimes of seduction, abduction, rape, or
other lascivious acts. In fact, it is worse. To be trafficked as a
prostitute without one’s consent and to be sexually violated four
to five times a day by different strangers is horrendous and
atrocious. There is no doubt that Lolita experienced physical
suffering, mental anguish, fright, serious anxiety, besmirched
reputation, wounded feelings, moral shock, and social humiliation
when she was trafficked as a prostitute in Malaysia. Since the
crime of Trafficking in Persons was aggravated, being committed by a
syndicate, the award of exemplary damages is likewise
justified.” (Emphasis supplied.)
!
The Supreme Court found no legal impediment to increasing the award of moral and
exemplary damages in the case at bar. It reasoned that it should not differentiate
between the victims herein and those in Lalli case, when the circumstances are
“frighteningly similar”. To do so would be to say that the Court would discriminate
one from the other, when all of these women have been the victims of unscrupulous
people who capitalized on the poverty of others. While it is true that accused-
112 G.R. No. 195419, 12 October 2011, 659 SCRA 105

!
81
appellant was not tried and convicted of the crime of trafficking in persons, this
Court based its award of damages on the Civil Code, and not on the Anti-Trafficking
in Persons Act, as clearly explained in Lalli.
!
In disposing of the case, the Supreme Court issued the following directives:
!
(1) AFFRIMED with MODIFICATIONS the Decision of the Court of Appeals in CA-
G.R. CR-HC No. 00644-MIN dated 20 July 2010;
!
(2) ORDERED the accused-appellant Bernadette Pansacal a.k.a. “Neneng Awid” to
pay AAA and BBB the sum of P500,000 each as moral damages;
!
(3) ORDERED the accused-appellant Bernadette Pansacal a.k.a. “Neneng Awid” to
pay AAA and BBB the sum of P100,000 each as exemplary damages and to pay the
costs.
!
!
!
!
!
!
!
!
!
!
!
82
!
!
PEOPLE v. EBARAT
G.R. No. 203643, 10 April 2013
!
In People v. Ebarat, the Supreme Court found in a minute
resolution that there was no reversible error committed by
the Court of Appeals to warrant the exercise of the Court’s
appellate jurisdiction.
!
PONENTE: There is no ponente as this is a minute resolution.
PARTIES:
PETITIONER: PEOPLE OF THE PHILIPPINES
RESPONDENTS: Jennifer Ebarat y Deñega, a.k.a. Jennifer Deñega y Golez
!
NATURE: Filing of a criminal case for the crimes of Illegal Recruitment and Trafficking in
Persons
!
PROCEDURAL BACKGROUND: Appeal from a Decision of the Court of Appeals
!
FACTS:
No facts were stated in the Minute Resolution of the Court.113

DISPOSITIVE:
After a judicious perusal of the records, the Court resolves to DISMISS the appeal for
failure to sufficiently show any reversible error in the assailed Decision as to warrant the
exercise of the Court's appellate jurisdiction.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the July
31, 2012 Decision of the Court of Appeals in CA-G.R. CR-HC No. 00912 and AFFIRMS
said Decision in toto finding appellant Jennifer Ebarat y Denega a.k.a. Jennifer Denega y
113 Facts Stated in the Decision of the Court of Appeals CA-G.R. CR-HC No. 00912:
!
On February 4, 2007, Jennifer Ebarat (accused), convinced AAA, aged 9, BBB, aged 7, CCC, aged 6,
DDD aged 7, and EEE aged 5, who were playing in the plaza at Barangay Barra, Opol, Misamis
Oriental, to go with her at Cagayan de Oro City to eat at Jollibee and enticed the children to eat fruits at
her house.
!
Without asking permission from the children’s parents, the accused made the children board a trisikad
and subsequently rode a passenger jeepney bound to Cagayan de Oro City. The accused instructed
them to beg for money from people in the streets and houses around the Macabalan area. The children
gave to the accused all they have begged.
!
[The names of the trafficking victims are not disclosed in this report to protect their identity.]
83
regions of the philippines
Golez guilty beyond reasonable doubt of the offense of Qualified Trafficking in Persons as
defined and penalized in Republic Act No. 9208 and sentencing her to suffer the penalty of
life imprisonment and to pay a fine of P2,000,000.00. 
84
Independent Cities or
Component Local
Region Regional Capital Highly Urbanized
Government Units
Independent Cities
NCR (National Capital Manila Caloocan City
All cities in the NCR
Region) Las Piñas City
are highly urbanized
Makati City
cities, with the
Malabon City
exception of Pateros
Mandaluyong City
which is a
Manila City
Municipality.
Marikina City
Muntinlupa City
Navotas City
Parañaque City
Pasay City
Pasig City
Pateros Municipality
Quezon City
San Juan City
Taguig City
Valenzuela City
CAR (Cordillera Baguio Abra
Administrative Region) Apayao
Benguet
Ifugao
Kalinga
Mountain Province
Region I (Ilocos San Fernando (La Ilocos Norte
Region) Union) Ilocos Sur
La Union
Pangasinan
Region II (Cagaya Tuguegarao Batanes
Santiago City
Valley) Cagayan
(Independent City)
Isabela
Nueva Vizcaya
Quirino
Region III (Central San Fernando Aurora
Angeles City
Luzon) (Pampangga) Bataan

Olongapo City
Bulacan
Nueva Ecija
Pampanga
Tarlac
Zambales
Region IV-A Calamba Batangas
Lucena City
(CALABARZON) Cavite
Laguna
Quezon
Rizal
85
Region IV-B Calapan Marinduque
Puerto Princesa City
(MIMAROPA) Occidental Mindoro
Oriental Mindoro
Palawan
Romblon
Region V (Bicol Legazpi Albay
Naga City
Region) Camarines Norte
(Independent City)
Camarines Sur
Catanduanes
Masbate
Sorsogon
Region VI (Western Iloilo City Aklan
Bacolod City
Visayas) Antique
Iloilo City
Capiz
Guimaras
Iloilo
Negros Occidental
Region VII (Central Cebu City Bohol
Visayas) Cebu
Negros Oriental
Siquijor
Region VIII (Eastern Tacloban Biliran
Ormoc City
Visayas) Eastern Samar
(Independent City)
Leyte
Tacloban City
Northern Samar
Samar
Southern Leyte
Region IX Pagadian Isabela City (As Zamboanga City
(Zamboanga excluded from

Peninsula) Basilan, which is part
of ARMM)
Zamboanga del Norte
Zamboanga del Sur
Zamboanga Sibugay
Region X (Northern Cagayan de Oro Bukidnon
Cagayan de Oro City
Mindanao) Camiguin
Iligan City
Lanao del Norte
Misamis Occidental
Misamis Oriental
Region XI (Davao Davao City Compostela Valley
Davao City
Region) Davao del Norte
Davao del Sur
Davao Oriental
Davao Occidental
Region XII Koronadal Cotabato
(SOCCSKSARGEN) Sarangani
South Cotabato
Sultan Kudarat
86
Region XIII (CARAGA) Butuan Agusan del Norte
Butuan City
Agusan del Sur
Dinagat Islands
Surigao del Norte
Surigao del Sur
87
anti-trafficking in persons act of 2003
!
!
AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS
ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY
INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF
TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR
OTHER
Be it enacted by the Senate and the House of Representatives of the Philippines in

Congress assembled:
Section 1. Title. This Act shall be known as the "Anti-Trafficking in Persons Act of
2003".
Section 2. Declaration of Policy. – It is hereby declared that the State values the dignity
of every human person and guarantees the respect of individual rights. In pursuit of this
policy, the State shall give highest priority to the enactment of measures and
development of programs that will promote human dignity, protect the people from any
threat of violence and exploitation, eliminate trafficking in persons, and mitigate
pressures for involuntary migration and servitude of persons, not only to support
trafficked persons but more importantly, to ensure their recovery, rehabilitation and
reintegration into the mainstream of society.
It shall be a State policy to recognize the equal rights and inherent human dignity of
women and men as enshrined in the United Nations Universal Declaration on Human
Rights, United Nations Convention on the Elimination of All Forms of Discrimination
Against Women, United Nations Convention on the Rights of the Child, United Nations
Convention on the Protection of Migrant Workers and their Families, United Nations
Convention Against Transnational Organized Crime Including its Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children and all
other relevant and universally accepted human rights instruments and other international
conventions to which the Philippines is a signatory. [As amended by Section 2 of R.A.
10364]
Section 3. Definition of Terms. – As used in this Act:
(a) Trafficking in Persons – refers to the recruitment, obtaining, hiring, providing,

offering, transportation, transfer, maintaining, 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, adoption or receipt of a child

for the purpose of exploitation or when the adoption is induced by any form of
consideration for exploitative purposes shall also be considered as ‘trafficking in
persons’ even if it does not involve any of the means set forth in the preceding
paragraph.
(b) Child – refers to a person below eighteen (18) years of age or one who is over
eighteen (18) but is unable to fully take care of or protect himself/herself from
abuse, neglect, cruelty, exploitation, or discrimination because of a physical or
mental disability or condition.
88
(c) 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.
(d) Forced Labor – refers to the extraction of work or services from any person by
means of enticement, violence, intimidation or threat, use of, force or coercion,
including deprivation of freedom, abuse of authority or moral ascendancy, debt-
bondage or deception including any work or service extracted from any person
under the menace of penalty.
(e) Slavery – refers to the status or condition of a person over whom any or all of
the powers attaching to the right of ownership are exercised.
(f) Involuntary Servitude – refers to a condition of enforced and compulsory

service induced by means of any scheme, plan or pattern, intended to cause a
person to believe that if he or she did not enter into or continue in such
condition, he or she or another person would suffer serious harm or other forms
of abuse or physical restraint, or threat of abuse or harm, or coercion including
depriving access to travel documents and withholding salaries, or the abuse or
threatened abuse of the legal process.
(g) Sex Tourism – refers to a program organized by travel and tourism-related

establishments and individuals which consists of tourism packages or activities,
utilizing and offering escort and sexual services as enticement for tourists. This
includes sexual services and practices offered during rest and recreation periods
for members of the military.
(h) Sexual Exploitation – refers to participation by a person in prostitution,

pornography or the production of pornography, in exchange for money, profit or
any other consideration or where the participation is caused or facilitated by any
means of intimidation or threat, use of force, or other forms of coercion,
abduction, fraud, deception, debt bondage, abuse of power or of position or of
legal process, taking advantage of the vulnerability of the person, or giving or
receiving of payments or benefits to achieve the consent of a person having
control over another person; or in sexual intercourse or lascivious conduct
caused or facilitated by any means as provided in this Act.
(i) Debt Bondage – refers to the pledging by the debtor of his/her personal
services or labor or those of a person under his/her control as security or
payment for a debt, when the length and nature of services is not clearly defined
or when the value of the services as reasonably assessed is not applied toward
the liquidation of the debt.
(j) Pornography – refers to any representation, through publication, exhibition,

cinematography, indecent shows, information technology, or by whatever means,
of a person engaged in real or simulated explicit sexual activities or any
representation of the sexual parts of a person for primarily sexual purposes.
(k) Council – shall mean the Inter-Agency Council Against Trafficking created
under Section 20 of this Act. [As amended by Section 3 of R.A. 10364]
Section 4. Acts of Trafficking in Persons. – It shall be unlawful for any person, natural or
juridical, to commit any of the following acts:
(a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor, 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, or sexual exploitation;
(b) To introduce or match for money, profit, or material, economic or other

consideration, any person or, as provided for under Republic Act No. 6955, any
Filipino woman to a foreign national, for marriage for the purpose of acquiring,
89
buying, offering, selling or trading him/her to engage in prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of acquiring,
buying, offering, selling, or trading them to engage in prostitution, pornography,
sexual exploitation, forced labor or slavery, involuntary servitude or debt
bondage;
(d) To undertake or organize tours and travel plans consisting of tourism

packages or activities for the purpose of utilizing and offering persons for
prostitution, pornography or sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt persons by any form of consideration for exploitative purposes or to

facilitate the same for purposes of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;
(g) To adopt or facilitate the adoption of persons for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage;
(h) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, provide,
offer, receive 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;
(i) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide,
receive or adopt a child to engage in armed activities in the Philippines or
abroad;
(j) To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide or
receive a person by means defined in Section 3 of this Act for purposes of forced
labor, slavery, debt bondage and involuntary servitude, including a scheme, plan,
or pattern intended to cause the person either:
(1) To believe that if the person did not perform such labor or services, he
or she or another person would suffer serious harm or physical restraint;
or
(2) To abuse or threaten the use of law or the legal processes; and
(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide,
adopt or receive a child for purposes of exploitation or trading them, including
but not limited to, the act of baring and/or selling a child for any consideration or
for barter for purposes of exploitation. Trafficking for purposes of exploitation of
children shall include:
(1) All forms of slavery or practices similar to slavery, involuntary

servitude, debt bondage and forced labor, including recruitment of
children for use in armed conflict;
(2) The use, procuring or offering of a child for prostitution, for the
production of pornography, or for pornographic performances;
(3) The use, procuring or offering of a child for the production and
trafficking of drugs; and
(4) The use, procuring or offering of a child for illegal activities or work
which, by its nature or the circumstances in which it is carried out, is
likely to harm their health, safety or morals; and
(l) To organize or direct other persons to commit the offenses defined as acts of
trafficking under this Act. [As amended by Section 4 of R.A. 10364]
90
Section 4-A. Attempted Trafficking in Persons. – Where there are acts to initiate the
commission of a trafficking offense but the offender failed to or did not execute all the
elements of the crime, by accident or by reason of some cause other than voluntary
desistance, such overt acts shall be deemed as an attempt to commit an act of
trafficking in persons. As such, an attempt to commit any of the offenses enumerated in
Section 4 of this Act shall constitute attempted trafficking in persons.
In cases where the victim is a child, any of the following acts shall also be deemed as
attempted trafficking in persons:
(a) Facilitating the travel of a child who travels alone to a foreign country or
territory without valid reason therefor and without the required clearance or
permit from the Department of Social Welfare and Development, or a written
permit or justification from the child’s parent or legal guardian;
(b) Executing, for a consideration, an affidavit of consent or a written consent for

adoption;
(c) Recruiting a woman to bear a child for the purpose of selling the child;
(d) Simulating a birth for the purpose of selling the child; and
(e) Soliciting a child and acquiring the custody thereof through any means from
among hospitals, clinics, nurseries, daycare centers, refugee or evacuation
centers, and low-income families, for the purpose of selling the child. [As
amended by Section 5 of R.A. 10364]
Section 4-B. Accomplice Liability. – Whoever knowingly aids, abets, cooperates in the

execution of the offense by previous or simultaneous acts defined in this Act shall be
punished in accordance with the provisions of Section 10(c) of this Act. [As amended by
Section 6 of R.A. 10364]
Section 4-C. Accessories. – Whoever has the knowledge of the commission of the
crime, and without having participated therein, either as principal or as accomplices,
take part in its commission in any of the following manners:
(a) By profiting themselves or assisting the offender to profit by the effects of the
crime;
(b) By concealing or destroying the body of the crime or effects or instruments

thereof, in order to prevent its discovery;
(c) By harboring, concealing or assisting in the escape of the principal of the

crime, provided the accessory acts with abuse of his or her public functions or is
known to be habitually guilty of some other crime.
Acts defined in this provision shall be punished in accordance with the provision of
Section 10(d) as stated thereto. [As amended by Section 7 of R.A. 10364]
Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote
or facilitate trafficking in persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house, building
or establishment for the purpose of promoting trafficking in persons;
(b) To produce, print and issue or distribute unissued, tampered or fake

counseling certificates, registration stickers, overseas employment certificates or
other certificates of any government agency which issues these certificates,
decals and such other markers as proof of compliance with government
regulatory and pre-departure requirements for the purpose of promoting
trafficking in persons; [As amended by Section 8 of R.A. 10364]
(c) To advertise, publish, print, broadcast or distribute, or cause the

advertisement, publication, printing, broadcasting or distribution by any means,
91
including the use of information technology and the internet, of any brochure,
flyer, or any propaganda material that promotes trafficking in persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of

facilitating the acquisition of clearances and necessary exit documents from
government agencies that are mandated to provide pre-departure registration
and services for departing persons for the purpose of promoting trafficking in
persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the country
at international and local airports, territorial boundaries and seaports who are in
possession of unissued, tampered or fraudulent travel documents for the
purpose of promoting trafficking in persons;
(f) To confiscate, conceal, or destroy the passport, travel documents, or personal

documents or belongings of trafficked persons in furtherance of trafficking or to
prevent them from leaving the country or seeking redress from the government
or appropriate agencies; and
(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or
services of a person held to a condition of involuntary servitude, forced labor, or
slavery.
(h) To tamper with, destroy, or cause the destruction of evidence, or to influence

or attempt to influence witnesses, in an investigation or prosecution of a case
under this Act; [As amended by Section 8 of R.A. 10364]
(i) To destroy, conceal, remove, confiscate or possess, or attempt to destroy,

conceal, remove, confiscate or possess, any actual or purported passport or
other travel, immigration or working permit or document, or any other actual or
purported government identification, of any person in order to prevent or restrict,
or attempt to prevent or restrict, without lawful authority, the person’s liberty to
move or travel in order to maintain the labor or services of that person; or [As
(j) To utilize his or her office to impede the investigation, prosecution or execution
of lawful orders in a case under this Act. [As amended by Section 8 of R.A.
10364]
Section 6. Qualified Trafficking in Persons. – Violations of Section 4 of this Act shall be

considered as qualified trafficking: [As amended by Section 9 of R.A. 10364]
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No. 8043, otherwise
known as the "Inter-Country Adoption Act of 1995" and said adoption is for the
purpose of prostitution, pornography, sexual exploitation, forced labor, slavery,
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is

deemed committed by a syndicate if carried out by a group of three (3) or more
persons conspiring or confederating with one another. It is deemed committed in
large scale if committed against three (3) or more persons, individually or as a
group;
(d) When the offender is a spouse, an ascendant, parent, sibling, guardian or a

person who exercises authority over the trafficked person or when the offense is
committed by a public officer or employee; [As amended by Section 9 of R.A.
10364]
(e) When the trafficked person is recruited to engage in prostitution with any
member of the military or law enforcement agencies;
(f) When the offender is a member of the military or law enforcement agencies;
[As amended by Section 9 of R.A. 10364]
92
(g) When by reason or on occasion of the act of trafficking in persons, the
offended party dies, becomes insane, suffers mutilation or is afflicted with
Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency
Syndrome (AIDS)
(h) When the offender commits one or more violations of Section 4 over a period
of sixty (60) or more days, whether those days are continuous or not; and [As
(i) When the offender directs or through another manages the trafficking victim in
carrying out the exploitative purpose of trafficking. [As amended by Section 9 of
R.A. 10364]
Section 7. Confidentiality. – At any stage of the investigation, rescue, prosecution and
trial of an offense under this Act, law enforcement officers, prosecutors, judges, court
personnel, social workers and medical practitioners, as well as parties to the case, shall
protect the right to privacy of the trafficked person. Towards this end, law enforcement
officers, prosecutors and judges to whom the complaint has been referred may,
whenever necessary to ensure a fair and impartial proceeding, and after considering all
circumstances for the best interest of the parties, order a closed-door investigation,
prosecution or trial. The name and personal circumstances of the trafficked person or
any other information tending to establish the identity of the trafficked person and his or
her family shall not be disclosed to the public.
It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed
materials, announcer or producer in case of television and radio, producer and director
of a film in case of the movie industry, or any person utilizing tri-media facilities or
electronic information technology to cause publicity of the name, personal
circumstances, or any information tending to establish the identity of the trafficked
person except when the trafficked person in a written statement duly notarized
knowingly, voluntarily and willingly waives said confidentiality.
Law enforcement officers, prosecutors, judges, court personnel, social workers and
medical practitioners shall be trained on the importance of maintaining confidentiality as
a means to protect the right to privacy of victims and to encourage victims to file
complaints. [As amended by Section 10 of R.A. 10364]
Section 8. Initiation and Prosecution of Cases. –
(a) Initiation of Investigation. – Law enforcement agencies are mandated to immediately

initiate investigation and counter-trafficking-intelligence gathering upon receipt of
statements or affidavit from victims of trafficking, migrant workers, or their families who
are in possession of knowledge or information about trafficking in persons cases.
(b) Prosecution of Cases. – Any person who has personal knowledge of the commission
of any offense under this Act, such as the trafficked person, the parents, spouse,
siblings, children or legal guardian may file a complaint for trafficking.
(c) Affidavit of Desistance. – Cases involving trafficking in persons should not be

dismissed based on the affidavit of desistance executed by the victims or their parents
or legal guardians. Public and private prosecutors are directed to oppose and manifest
objections to motions for dismissal.
Any act involving the means provided in this Act or any attempt thereof for the purpose
of securing an Affidavit of Desistance from the complainant shall be punishable under
this Act. [As amended by Section 11 of R.A. 10364]
Section 9. Venue. - A criminal action arising from violation of this Act shall be filed
where the offense was committed, or where any of its elements occurred, or where the
trafficked person actually resides at the time of the commission of the offense: Provided,
That the court where the criminal action is first filed shall acquire jurisdiction to the
exclusion of other courts.
93
Section 10. Penalties and Sanctions. – The following penalties and sanctions are hereby
established for the offenses enumerated in this Act:
(a) Any person found guilty of committing any of the acts enumerated in Section
4 shall suffer the penalty of imprisonment of twenty (20) years and a fine of not
less than One million pesos (P1,000,000.00) but not more than Two million pesos
(P2,000,000.00);
(b) Any person found guilty of committing any of the acts enumerated in Section
4-A of this Act shall suffer the penalty of imprisonment of fifteen (15) years and a
fine of not less than Five hundred thousand pesos (P500,000.00) but not more
than One million pesos (P1,000,000.00);
(c) Any person found guilty of Section 4-B of this Act shall suffer the penalty of
imprisonment of fifteen (15) years and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);
In every case, conviction shall cause and carry the automatic revocation of the
license or registration of the recruitment agency involved in trafficking. The
license of a recruitment agency which trafficked a child shall be automatically
revoked.
(d) Any person found, guilty of committing any of the acts enumerated in Section
5 shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not
less than Five hundred thousand pesos (P500,000.00) but not more than One
million pesos (P1,000,000.00);
(e) Any person found guilty of qualified trafficking under Section 6 shall suffer the
penalty of life imprisonment and a fine of not less than Two million pesos
(P2,000,000.00) but not more than Five million pesos (P5,000,000.00);
(f) Any person who violates Section 7 hereof shall suffer the penalty of
imprisonment of six (6) years and a fine of not less than Five hundred thousand
pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);
(g) If the offender is a corporation, partnership, association, club, establishment

or any juridical person, the penalty shall be imposed upon the owner, president,
partner, manager, and/or any responsible officer who participated in the
commission of the crime or who shall have knowingly permitted or failed to
prevent its commission;
(h) The registration with the Securities and Exchange Commission (SEC) and
license to operate of the erring agency, corporation, association, religious group,
tour or travel agent, club or establishment, or any place of entertainment shall be
cancelled and revoked permanently. The owner, president, partner or manager
thereof shall not be allowed to operate similar establishments in a different name;
(i) If the offender is a foreigner, he or she shall be immediately deported after

serving his or her sentence and be barred permanently from entering the
country;
(j) Any employee or official of government agencies who shall issue or approve
the issuance of travel exit clearances, passports, registration certificates,
counseling certificates, marriage license, and other similar documents to
persons, whether juridical or natural, recruitment agencies, establishments or
other individuals or groups, who fail to observe the prescribed procedures and
the requirement as provided for by laws, rules and regulations, shall be held
administratively liable, without prejudice to criminal liability under this Act. The
concerned government official or employee shall, upon conviction, be dismissed
from the service and be barred permanently to hold public office. His or her
retirement and other benefits shall likewise be forfeited; and
94
(k) Conviction, by final judgment of the adopter for any offense under this Act
shall result in the immediate rescission of the decree of adoption. [As amended
by Section 12 of R.A. 10364]
Section 11. Use of Trafficked Persons. – Any person who buys or engages the services
of a trafficked person for prostitution shall be penalized with the
following: Provided, That the Probation Law (Presidential Decree No. 968) shall not
apply:
(a) Prision Correccional in its maximum period to prision mayor or six (6) years to
twelve (12) years imprisonment and a fine of not less than Fifty thousand pesos
( P 5 0 , 0 0 0 . 0 0 ) b u t n o t m o re t h a n O n e h u n d re d t h o u s a n d p e s o s
(P100,000.00): Provided, however, That the following acts shall be exempted
thereto:
(1) If an offense under paragraph (a) involves sexual intercourse or

lascivious conduct with a child, the penalty shall be reclusion temporal in
its medium period to reclusion perpetua or seventeen (17) years to forty
(40) years imprisonment and a fine of not less than Five hundred thousand
pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);
(2) If an offense under paragraph (a) involves carnal knowledge of, or

sexual intercourse with, a male or female trafficking victim and also
involves the use of force or intimidation, to a victim deprived of reason or
to an unconscious victim, or a victim under twelve (12) years of age,
instead of the penalty prescribed in the subparagraph above the penalty
shall be a fine of not less than One million pesos (P1,000,000.00) but not
more than Five million pesos (P5,000,000.00) and imprisonment
ofreclusion perpetua or forty (40) years imprisonment with no possibility of
parole; except that if a person violating paragraph (a) of this section
knows the person that provided prostitution services is in fact a victim of
trafficking, the offender shall not be likewise penalized under this section
but under Section 10 as a person violating Section 4; and if in committing
such an offense, the offender also knows a qualifying circumstance for
trafficking, the offender shall be penalized under Section 10 for qualified
trafficking. If in violating this section the offender also violates Section 4,
the offender shall be penalized under Section 10 and, if applicable, for
qualified trafficking instead of under this section;
(b) Deportation. – If a foreigner commits any offense described by paragraph (1)

or (2) of this section or violates any pertinent provision of this Act as an
accomplice or accessory to, or by attempting any such offense, he or she shall
be immediately deported after serving his or her sentence and be barred
permanently from entering the country; and
(c) Public Official. – If the offender is a public official, he or she shall be

dismissed from service and shall suffer perpetual absolute disqualification to
hold public, office, in addition to any imprisonment or fine received pursuant to
any other provision of this Act. [As amended by Section 13 of R.A. 10364]
Section 12. Prescriptive Period. – Trafficking cases under this Act shall prescribe in ten
(10) years: Provided, however, That trafficking cases committed by a syndicate or in a
large scale as defined under Section 6, or against a child, shall prescribe in twenty (20)
years.
The prescriptive period shall commence to run from the day on which the trafficked
person is delivered or released from the conditions of bondage, or in the case of a child
victim, from the day the child reaches the age of majority, and shall be interrupted by the
filing of the complaint or information and shall commence to run again when the
proceedings terminate without the accused being convicted or acquitted or are
95
unjustifiably stopped for any reason not imputable to the accused. [As amended by
Section 13. Exemption from Filing Fees. - When the trafficked person institutes a
separate civil action for the recovery of civil damages, he/she shall be exempt from the
payment of filing fees.
Section 14. Confiscation and Forfeiture of the Proceeds and Instruments Derived from
Trafficking in Persons. - In addition to the penalty imposed for the violation of this Act,
the court shall order the confiscation and forfeiture, in favor of the government, of all the
proceeds and properties derived from the commission of the crime, unless they are the
property of a third person not liable for the unlawful act; Provided, however, That all
awards for damages shall be taken from the personal and separate properties of the
offender; Provided, further, That if such properties are insufficient, the balance shall be
taken from the confiscated and forfeited properties.
When the proceeds, properties and instruments of the offense have been destroyed,
diminished in value or otherwise rendered worthless by any act or omission, directly or
indirectly, of the offender, or it has been concealed, removed, converted or transferred
to prevent the same from being found or to avoid forfeiture or confiscation, the offender
shall be ordered to pay the amount equal to the value of the proceeds, property or
instruments of the offense.
Section 15. Trust Fund. - All fines imposed under this Act and the proceeds and
properties forfeited and confiscated pursuant to Section 14 hereof shall accrue to a
Trust Fund to be administered and managed by the Council to be used exclusively for
programs that will prevent acts of trafficking and protect, rehabilitate, reintegrate
trafficked persons into the mainstream of society. Such programs shall include, but not
limited to, the following:
(a) Provision for mandatory services set forth in Section 23 of this Act;
(b) Sponsorship of a national research program on trafficking and establishment

of a data collection system for monitoring and evaluation purposes;
(c) Provision of necessary technical and material support services to appropriate

government agencies and non-government organizations (NGOs);
(d) Sponsorship of conferences and seminars to provide venue for consensus

building amongst the public, the academe, government, NGOs and international
organizations; and
(e) Promotion of information and education campaign on trafficking.
Section 16. Programs that Address Trafficking in Persons. – The government shall
establish and implement preventive, protective and rehabilitative programs for trafficked
persons. For this purpose, the following agencies are hereby mandated to implement
the following programs:
(a) Department of Foreign Affairs (DFA) – shall make available its resources and
facilities overseas for trafficked persons regardless of their manner of entry to the
receiving country, and explore means to further enhance its assistance in
eliminating trafficking activities through closer networking with government
agencies in the country and overseas, particularly in the formulation of policies
and implementation of relevant programs. It shall provide Filipino victims of
trafficking overseas with free legal assistance and counsel to pursue legal action
against his or her traffickers, represent his or her interests in any criminal
investigation or prosecution, and assist in the application for social benefits and/
or regular immigration status as may be allowed or provided for by the host
country. The DFA shall repatriate trafficked Filipinos with the consent of the
victims.
96
The DFA shall take necessary measures for the efficient implementation of the
Electronic Passporting System to protect the integrity of Philippine passports,
visas and other travel documents to reduce the incidence of trafficking through
the use of fraudulent identification documents.
In coordination with the Department of Labor and Employment, it shall provide

free temporary shelters and other services to Filipino victims of trafficking
overseas through the migrant workers and other overseas Filipinos resource
centers established overseas under Republic Act No. 8042, as amended.
(b) Department of Social Welfare and Development (DSWD) – shall implement

rehabilitative and protective programs for trafficked persons. It shall provide
counseling and temporary shelter to trafficked persons and develop a system for
accreditation among NGOs for purposes of establishing centers and programs
for intervention in various levels of the community. It shall establish free
temporary shelters, for the protection and housing of trafficked persons to
provide the following basic services to trafficked persons:
(1) Temporary housing and food facilities;
(2) Psychological support and counseling;
(3) 24-hour call center for crisis calls and technology-based counseling
and referral system;
(4) Coordination with local law enforcement entities; and
(5) Coordination with the Department of Justice, among others.
The DSWD must conduct information campaigns in communities and schools

teaching parents and families that receiving consideration in exchange for
adoption is punishable under the law. Furthermore, information campaigns must
be conducted with the police that they must not induce poor women to give their
children up for adoption in exchange for consideration.
(c) Department of Labor and Employment (DOLE) – shall ensure the strict
implementation and compliance with the rules and guidelines relative to the
employment of persons locally and overseas. It shall likewise monitor, document
and report cases of trafficking in persons involving employers and labor
recruiters.
(d) Department of Justice (DOJ) – shall ensure the prosecution of persons

accused of trafficking and designate and train special prosecutors who shall
handle and prosecute cases of trafficking. It shall also establish a mechanism for
free legal assistance for trafficked persons, in coordination with the DSWD,
Integrated Bar of the Philippines (IBP) and other NGOs and volunteer groups.
(e) Philippine Commission on Women (PCW) – shall actively participate and

coordinate in the formulation and monitoring of policies addressing the issue of
trafficking in persons in coordination with relevant government agencies. It shall
likewise advocate for the inclusion of the issue of trafficking in persons in both its
local and international advocacy for women’s issues.
(f) Bureau of Immigration (BI) – shall strictly administer and enforce immigration
and alien administration laws. It shall adopt measures for the apprehension of
suspected traffickers both at the place of arrival and departure and shall ensure
compliance by the Filipino fiancés/fiancées and spouses of foreign nationals with
the guidance and counseling requirement as provided for in this Act.
(g) Philippine National Police (PNP) and National Bureau of Investigation (NBI) –
shall be the primary law enforcement agencies to undertake surveillance,
investigation and arrest of individuals or persons suspected to be engaged in
trafficking. They shall closely coordinate with each other and with other law
enforcement agencies to secure concerted efforts for effective investigation and
97
apprehension of suspected traffickers. They shall also establish a system to
receive complaints and calls to assist trafficked persons and conduct rescue
operations.
(h) Philippine Overseas Employment Administration (POEA) and Overseas

Workers and Welfare Administration (OWWA) – POEA shall implement Pre-
Employment Orientation Seminars (PEOS) while Pre-Departure Orientation
Seminars (PDOS) shall be conducted by the OWWA. It shall likewise formulate a
system of providing free legal assistance to trafficked persons, in coordination
with the DFA.
The POEA shall create a blacklist of recruitment agencies, illegal recruiters and
persons facing administrative, civil and criminal complaints for trafficking filed in
the receiving country and/or in the Philippines and those agencies, illegal
recruiters and persons involved in cases of trafficking who have been rescued by
the DFA and DOLE in the receiving country or in the Philippines even if no formal
administrative, civil or criminal complaints have been filed: Provided, That the
rescued victims shall execute an affidavit attesting to the acts violative of the
anti-trafficking law. This blacklist shall be posted in conspicuous places in
concerned government agencies and shall be updated bi-monthly.
The blacklist shall likewise be posted by the POEA in the shared government
information system, which is mandated to be established under Republic Act No.
8042, as amended.
The POEA and OWWA shall accredit NGOs and other service providers to
conduct PEOS and PDOS, respectively. The PEOS and PDOS should include the
discussion and distribution of the blacklist.
The license or registration of a recruitment agency that has been blacklisted may
be suspended by the POEA upon a review of the complaints filed against said
agency.
(i) Department of the Interior and Local Government (DILG) – shall institute a
systematic information and prevention campaign in coordination with pertinent
agencies of government as provided for in this Act. It shall provide training
programs to local government units, in coordination with the Council, in ensuring
wide understanding and application of this Act at the local level.
(j) Commission on Filipinos Overseas – shall conduct pre-departure counseling

services for Filipinos in intermarriages. It shall develop a system for accreditation
of NGOs that may be mobilized for purposes of conducting pre-departure
counseling services for Filipinos in intermarriages. As such, it shall ensure that
the counselors contemplated under this Act shall have the minimum
qualifications and training of guidance counselors as provided for by law.
It shall likewise assist in the conduct of information campaigns against trafficking

in coordination with local government units, the Philippine Information Agency,
and NGOs.
(k) Local government units (LGUs) – shall monitor and document cases of
trafficking in persons in their areas of jurisdiction, effect the cancellation of
licenses of establishments which violate the provisions of this Act and ensure
effective prosecution of such cases. They shall also undertake an information
campaign against trafficking in persons through the establishment of the
Migrants Advisory and Information Network (MAIN) desks in municipalities or
provinces in coordination with the DILG, Philippine Information Agency (PIA),
Commission on Filipinos Overseas (CFO), NGOs and other concerned agencies.
They shall encourage and support community-based initiatives which address
the trafficking in persons.
98
In implementing this Act, the agencies concerned may seek and enlist the assistance of
NGOs, people’s organizations (POs), civic organizations and other volunteer groups. [As
Section 16-A. Anti-Trafficking in Persons Database. – An anti-trafficking in persons

central database shall be established by the Inter-Agency Council Against Trafficking
created under Section 20 of this Act. The Council shall submit a report to the President
of the Philippines and to Congress, on or before January 15 of every year, with respect
to the preceding year’s programs and data on trafficking-related cases.
All government agencies tasked under the law to undertake programs and render
assistance to address trafficking in persons shall develop their respective monitoring
and data collection systems, and databases, for purposes of ensuring efficient
collection and storage of data on cases of trafficking in persons handled by their
respective offices. Such data shall be submitted to the Council for integration in a
central database system.
For this purpose, the Council is hereby tasked to ensure the harmonization and
standardization of databases, including minimum data requirements, definitions,
reporting formats, data collection systems, and data verification systems. Such
databases shall have, at the minimum, the following information:
(a) The number of cases of trafficking in persons, sorted according to status of

cases, including the number of cases being investigated, submitted for
prosecution, dropped, and filed and/or pending before the courts and the
number of convictions and acquittals;
(b) The profile/information on each case;
(c) The number of victims of trafficking in persons referred to the agency by

destination countries/areas and by area of origin; and
(d) Disaggregated data on trafficking victims and the accused/defendants. [As

Section 17. Legal Protection to Trafficked Persons. – Trafficked persons shall be

recognized as victims of the act or acts of trafficking and as such, shall not be penalized
for unlawful acts committed as a direct result of, or as an incident or in relation to, being
trafficked based on the acts of trafficking enumerated in this Act or in obedience to the
order made by the trafficker in relation thereto. In this regard, the consent of a trafficked
person to the intended exploitation set forth in this Act shall be irrelevant.
Victims of trafficking for purposes of prostitution as defined under Section 4 of this Act
are not covered by Article 202 of the Revised Penal Code and as such, shall not be
prosecuted, fined, or otherwise penalized under the said law. [As amended by Section
17 of R.A. 10364]
Section 17-A. Temporary Custody of Trafficked Victims. – The rescue of victims should

be done as much as possible with the assistance of the DSWD or an accredited NGO
that services trafficked victims. A law enforcement officer, on a reasonable suspicion
that a person is a victim of any offense defined under this Act including attempted
trafficking, shall immediately place that person in the temporary custody of the local
social welfare and development office, or any accredited or licensed shelter institution
devoted to protecting trafficked persons after the rescue. [As amended by Section 18 of
R.A. 10364]
Section 17-B. Irrelevance of Past Sexual Behavior, Opinion Thereof or Reputation of

Victims and of Consent of Victims in Cases of Deception, Coercion and Other Prohibited
Means. – The past sexual behavior or the sexual predisposition of a trafficked person
shall be considered inadmissible in evidence for the purpose of proving consent of the
victim to engage in sexual behavior, or to prove the predisposition, sexual or otherwise,
of a trafficked person. Furthermore, the consent of a victim of trafficking to the intended
99
exploitation shall be irrelevant where any of the means set forth in Section 3(a) of this
Act has been used. [As amended by Section 19 of R.A. 10364]
Section 17-C. Immunity from Suit, Prohibited Acts and Injunctive Remedies. – No action
or suit shall be brought, instituted or maintained in any court or tribunal or before any
other authority against any: (a) law enforcement officer; (b) social worker; or (c) person
acting in compliance with a lawful order from any of the above, for lawful acts done or
statements made during an authorized rescue operation, recovery or rehabilitation/
intervention, or an investigation or prosecution of an anti-trafficking case: Provided, That
such acts shall have been made in good faith.
The prosecution of retaliatory suits against victims of trafficking shall be held in

abeyance pending final resolution and decision of criminal complaint for trafficking.
It shall be prohibited for the DFA, the DOLE, and the POEA officials, law enforcement
officers, prosecutors and judges to urge complainants to abandon their criminal, civil
and administrative complaints for trafficking.
The remedies of injunction and attachment of properties of the traffickers, illegal

recruiters and persons involved in trafficking may be issued motu proprio by judges. [As
Section 18. Preferential Entitlement Under the Witness Protection Program. - Any
provision of Republic Act No. 6981 to the contrary notwithstanding, any trafficked
person shall be entitled to the witness protection program provided therein.
Section 19. Trafficked Persons Who are Foreign Nationals. - Subject to the guidelines
issued by the Council, trafficked persons in the Philippines who are nationals of a
foreign country shall also be entitled to appropriate protection, assistance and services
available to trafficked persons under this Act: Provided, That they shall be permitted
continued presence in the Philippines for a length of time prescribed by the Council as
necessary to effect the prosecution of offenders.
Section 20. Inter-Agency Council Against Trafficking. – There is hereby established an

Inter-Agency Council Against Trafficking, to be composed of the Secretary of the
Department of Justice as Chairperson and the Secretary of the Department of Social
Welfare and Development as Co-Chairperson and shall have the following as members:
(a) Secretary, Department of Foreign Affairs;
(b) Secretary, Department of Labor and Employment;
(c) Secretary, Department of the Interior and Local Government;
(d) Administrator, Philippine Overseas Employment Administration;
(e) Commissioner, Bureau of Immigration;
(f) Chief, Philippine National Police;
(g) Chairperson, Philippine Commission on Women;
(h) Chairperson, Commission on Filipinos Overseas;
(i) Executive Director, Philippine Center for Transnational Crimes; and
(j) Three (3) representatives from NGOs, who shall include one (1) representative
each from among the sectors representing women, overseas Filipinos, and
children, with a proven record of involvement in the prevention and suppression
of trafficking in persons. These representatives shall be nominated by the
government agency representatives of the Council, for appointment by the
President for a term of three (3) years.
The members of the Council may designate their permanent representatives who shall
have a rank not lower than an assistant secretary or its equivalent to meetings, and shall
100
receive emoluments as may be determined by the Council in accordance with existing
budget and accounting rules and regulations. [As amended by Section 21 of R.A. 10364]
Section 21. Functions of the Council. - The Council shall have the following powers and
functions:
(a) Formulate a comprehensive and integrated program to prevent and suppress

the trafficking in persons;
(b) Promulgate rules and regulations as may be necessary for the effective
implementation of this Act;
(c) Monitor and oversee the strict implementation of this Act;
(d) Coordinate the programs and projects of the various member agencies to
effectively address the issues and problems attendant to trafficking in persons;
(e) Coordinate the conduct of massive information dissemination and campaign

on the existence of the law and the various issues and problems attendant to
trafficking through the LGUs, concerned agencies, and NGOs;
(f) Direct other agencies to immediately respond to the problems brought to their
attention and report to the Council on action taken;
(g) Assist in filing of cases against individuals, agencies, institutions or

establishments that violate the provisions of this Act;
(h) Formulate a program for the reintegration of trafficked persons in cooperation

with DOLE, DSWD, Technical Education and Skills Development Authority
(TESDA), Commission on Higher Education (CHED), LGUs and NGOs;
(i) Secure from any department, bureau, office, agency, or instrumentality of the
government or from NGOs and other civic organizations such assistance as may
be needed to effectively implement this Act;
(j) Complement the shared government information system for migration

established under Republic Act No. 8042, otherwise known as the "Migrant
Workers and Overseas Filipinos Act of 1995" with data on cases of trafficking in
persons, and ensure that the proper agencies conduct a continuing research and
study on the patterns and scheme of trafficking in persons which shall form the
basis for policy formulation and program direction;
(k) Develop the mechanism to ensure the timely, coordinated, and effective
response to cases of trafficking in persons;
(l) Recommend measures to enhance cooperative efforts and mutual assistance

among foreign countries through bilateral and/or multilateral arrangements to
prevent and suppress international trafficking in persons;
(m) Coordinate with the Department of Transportation and Communications

(DOTC), Department of Trade and Industry (DTI), and other NGOs in monitoring
the promotion of advertisement of trafficking in the internet;
(n) Adopt measures and policies to protect the rights and needs of trafficked
persons who are foreign nationals in the Philippines;
(o) Initiate training programs in identifying and providing the necessary

intervention or assistance to trafficked persons; and
(p) Exercise all the powers and perform such other functions necessary to attain
the purposes and objectives of this Act.
Section 22. Secretariat to the Council. – The Department of Justice shall establish the
necessary Secretariat for the Council.
The secretariat shall provide support for the functions and projects of the Council. The
secretariat shall be headed by an executive director, who shall be appointed by the
101
Secretary of the DOJ upon the recommendation of the Council. The executive director
must have adequate knowledge on, training and experience in the phenomenon of and
issues involved in trafficking in persons and in the field of law, law enforcement, social
work, criminology, or psychology.
The executive director shall be under the supervision of the Inter-Agency Council
Against Trafficking through its Chairperson and Co-Chairperson, and shall perform the
following functions:
(a) Act as secretary of the Council and administrative officer of its secretariat;
(b) Advise and assist the Chairperson in formulating and implementing the
objectives, policies, plans and programs of the Council, including those involving
mobilization of government offices represented in the Council as well as other
relevant government offices, task forces, and mechanisms;
(c) Serve as principal assistant to the Chairperson in the overall supervision of

council administrative business;
(d) Oversee all council operational activities;
(e) Ensure an effective and efficient performance of council functions and prompt
implementation of council objectives, policies, plans and programs;
(f) Propose effective allocations of resources for implementing council objectives,

policies, plans and programs;
(g) Submit periodic reports to the Council on the progress of council objectives,
policies, plans and programs;
(h) Prepare annual reports of all council activities; and
(i) Perform other duties as the Council may assign. [As amended by
Section 23. Mandatory Services to Trafficked Persons. - To ensure recovery,

rehabilitation and reintegration into the mainstream of society, concerned government
agencies shall make available the following services to trafficked persons:
(a) Emergency shelter or appropriate housing;
(b) Counseling;
(c) Free legal services which shall include information about the victims' rights
and the procedure for filing complaints, claiming compensation and such other
legal remedies available to them, in a language understood by the trafficked
person;
(d) Medical or psychological services;
(e) Livelihood and skills training; and
(f) Educational assistance to a trafficked child.
Sustained supervision and follow through mechanism that will track the progress of
recovery, rehabilitation and reintegration of the trafficked persons shall be adopted and
carried out.
Section 24. Other Services for Trafficked Persons. -
(a) Legal Assistance. - Trafficked persons shall be considered under the category

"Overseas Filipino in Distress" and may avail of the legal assistance created by
Republic Act No. 8042, subject to the guidelines as provided by law.
(b) Overseas Filipino Resource Centers. - The services available to overseas

Filipinos as provided for by Republic Act No. 8042 shall also be extended to
trafficked persons regardless of their immigration status in the host country.
102
(c) The Country Team Approach. - The country team approach under Executive
Order No. 74 of 1993, shall be the operational scheme under which Philippine
embassies abroad shall provide protection to trafficked persons insofar as the
promotion of their welfare, dignity and fundamental rights are concerned.
Section 25. Repatriation of Trafficked Persons. - The DFA, in coordination with DOLE
and other appropriate agencies, shall have the primary responsibility for the repatriation
of trafficked persons, regardless of whether they are documented or undocumented.
If, however, the repatriation of the trafficked persons shall expose the victims to greater
risks, the DFA shall make representation with the host government for the extension of
appropriate residency permits and protection, as may be legally permissible in the host
country.
Section 26. Extradition. - The DOJ, in consultation with DFA, shall endeavor to include
offenses of trafficking in persons among extraditable offenses.
Section 26-A. Extra-Territorial Jurisdiction. – The State shall exercise jurisdiction over
any act defined and penalized under this Act, even if committed outside the Philippines
and whether or not such act or acts constitute an offense at the place of commission,
the crime being a continuing offense, having been commenced in the Philippines and
other elements having been committed in another country, if the suspect or accused:
(a) Is a Filipino citizen; or
(b) Is a permanent resident of the Philippines; or
(c) Has committed the act against a citizen of the Philippines.
No prosecution may be commenced against a person under this section if a foreign

government, in accordance with jurisdiction recognized by the Philippines, has
prosecuted or is prosecuting such person for the conduct constituting such offense,
except upon the approval of the Secretary of Justice.
The government may surrender or extradite persons accused of trafficking in the

Philippines to the appropriate international court if any, or to another State pursuant to
the applicable extradition laws and treaties. [As amended by Section 23 of R.A. 10364]
Section 27. Reporting Requirements. - The Council shall submit to the President of the
Philippines and to Congress an annual report of the policies, programs and activities
relative to the implementation of this Act.
Section 28. Funding. – The amount necessary to implement the provisions of this Act
shall be charged against the current year’s appropriations of the Inter-Agency Council
Against Trafficking under the budget of the DOJ and the appropriations of the other
concerned departments. Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the annual General Appropriations Act.
Section 28-A. Additional Funds for the Council. – The amount collected from every
penalty, fine or asset derived from any violation of this Act shall be earmarked as
additional funds for the use of the Council. The fund may be augmented by grants,
donations and endowment from various sources, domestic or foreign, for purposes
related to their functions, subject to the existing accepted rules and regulations of the
Commission on Audit. [As amended by Section 25 of R.A. 10364]
Section 29. Implementing Rules and Regulations. - The Council shall promulgate the
necessary implementing rules and regulations within sixty (60) days from the effectivity
of this Act.
Section 30. Non-restriction of Freedom of Speech and of Association, Religion and the

Right to Travel. - Nothing in this Act shall be interpreted as a restriction of the freedom of
speech and of association, religion and the right to travel for purposes not contrary to
law as guaranteed by the Constitution.
103
Section 31. Separability Clause. - If, for any reason, any section or provision of this Act
is held unconstitutional or invalid, the other sections or provisions hereof shall not be
affected thereby.
Section 32. Repealing Clause. – Article 202 of the Revised Penal Code, as amended,
and all laws, acts, presidential decrees, executive orders, administrative orders, rules
and regulations inconsistent with or contrary to the provisions of this Act are deemed
amended, modified or repealed accordingly: Provided, That this Act shall not in any way
amend or repeal the provisions of Republic Act No. 7610, otherwise known as the
‘Special Protection of Child Against Child Abuse, Exploitation and Discrimination Act.
Section 33. Effectivity. – This Act shall take effect fifteen (15) days following its complete
publication in at least two (2) newspapers of general circulation. [As amended by
104

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PHILIPPINE REPORT ON THE

Statistical Analysis: Francis Paul U. Baclay (Lead), Kirsten Jade S. Diaz

Additional Research: Mark Isaak S. Garrido, Nicholas C. Santizo, Jason R. Grospe

Administrative Support: Rachel C. Bucoy, Kirsten Jade S. Diaz

It provides a comprehensive database of filed traﬃcking charges and identified

A presentation of the legal framework in the fight against traﬃcking in persons is

number of identified traﬃcking victims per 100,000 persons

number of identified traﬃcking victims per 100,000 persons

number of identified traﬃcking victims per 100,000 persons

number of identified traﬃcking victims per 100,000 persons

number of identified traﬃcking victims per 100,000 persons

number of identified traﬃcking victims per 100,000 persons

number of identified traﬃcking victims per 100,000 persons

investigating prosecutors found probable cause in 89% of

Arraignment of Some of the Accused, 0.38%

Arraignment of All Accused, 1.84%

Outstanding Warrant of Arrest, 10.58%

Submitted for Decision, 0.81%

Guilty - of the Oﬀense Charged, 6.40%

Guilty - of the Lesser Oﬀense, 0.81%

Provisionally Dismissed, 0.22%

On Appeal to SC, 0.05%

20 Arroyo Administration-37 convictions

15 Aquino Administration-96 convictions

These convictions include those where traﬃckers were found guilty of a

2010 global conviction rate: .154 per 100,000 persons

Governmental anti-traﬃcking eﬀorts are often evaluated according to the so-called

Covers the following acts:

(a) To knowingly lease or sublease, use or allow to be used any house,

(b) To produce, print and issue or distribute unissued, tampered or fake

(c) To advertise, publish, print, broadcast or distribute, or cause the

(d) To assist in the conduct of misrepresentation or fraud for purposes of

(f) To confiscate, conceal, or destroy the passport, travel documents, or

(h) To tamper with, destroy, or cause the destruction of evidence, or to

(i) To destroy, conceal, remove, confiscate or possess, or attempt to destroy,

(j) To utilize his or her oﬃce to impede the investigation, prosecution or

Acts of Traﬃcking in Persons

Covers the following acts committed by any person, natural or juridical:

(a) To recruit, obtain, hire, provide, oﬀer, transport, transfer, maintain,

(b) To introduce or match for money, profit, or material, economic or

(c) To oﬀer or contract marriage, real or simulated, for the purpose of

(d) To undertake or organize tours and travel plans consisting of

(f) To adopt persons by any form of consideration for exploitative

(g) To adopt or facilitate the adoption of persons for the purpose of

(h) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain,

(i) To recruit, transport, obtain, transfer, harbor, maintain, oﬀer, hire,

(j) To recruit, transport, transfer, harbor, obtain, maintain, oﬀer, hire,

(2) To abuse or threaten the use of law or the legal processes;

(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, oﬀer,

(1) All forms of slavery or practices similar to slavery, involuntary

(2) The use, procuring or oﬀering of a child for prostitution, for

(3) The use, procuring or oﬀering of a child for the production

(l) To organize or direct other persons to commit the oﬀenses defined

Anti-Child Abuse Act

Refers to Rep. Act No. 7610, or the Special Protection of Children

Anti-Traﬃcking in Persons Act

Rep. Act No. 9208 or the Anti-Traﬃcking in Persons Act of 2003, as

Refer to males aged below 18 years old.

Child Engagement in Armed Conflicts

Refers to the pledging by the debtor of his/her personal services or labor or

Filed Traﬃcking Charges

Forced Labor and Slavery