RA NO.

10364 “Expanded Anti-Trafficking in Persons Act of 2012”

Section 2: Declaration of Policy – 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.
- Recognize the equal rights and inherent human dignity of women and men.

Section 3: Definition of terms:

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. (sexual exploitation,
forced labor or services, slavery, servitude or the removal or sale of organs)
b. 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.
c. 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.
d. 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.
e. Sex Tourism – program organized by travel and tourism-related establishment and
individuals which consists of tourism packages or activities, utilizing and offering
escort and sexual services as enticement for tourists.
f. Sexual Exploitation – refers to participation by a person in prostitution, pornography
in exchange for money, or where the participation is caused by any means of
intimidation or threat, use of force.
g. Debt Bondage – Refers to the pledging by the debtor of his/her personal services or
labor as security or payment for a debt when the length and nature of services is not
clear.
Section 4: RA 9208 is hereby amended: it shall be unlawful for any person, natural, or juridical
to commit any of the following acts: - PIMPING
a. To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor or receive
a person by any means for the purpose of -> prostitution, pornography, or sexual
exploitation.
 b. To introduce or match for money, profit any Filipino woman to a foreign national for
marriage for the purpose of -> acquiring, buying, offering to engage in prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude, or debt
bondage.
c. To undertake or organize tours and travel plans consisting of tourism packages and
offering persons -> prostitution, pornography, sexual exploitation.
d. To recruit, hire, adopt a person for a purpose -> removal or sale of organs of said
person
Section 4-A: Attempted Trafficking in Persons – there are acts to initiate the commission of a
trafficking offense but the offender failed to do or did not execute all the elements of the crime
by accident or by voluntary desistance. In case 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 and
without clearance from DSWD
b. Executing an affidavit of 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
e. Soliciting a child and acquiring the custody – among hospitals, clinics, nurseries,
daycare centers, refugee, low-income families.
Section 4-B: Accomplice Liability – aids, abets, cooperates in the execution of the offense
Section 4-C: Accessories – knowledge of the crime without having participated therein, either as
principals or accomplice, take part in its commission:
a. Profiting themselves by assisting the offender
b. Concealing or destroying the body of the crime
c. Harboring, concealing or assisting the escape of the principal.
Section 6: Qualified Trafficking in Persons:
a. Offender is a spouse, ascendant, parent, sibling, guardian or a person who exercises
authority over the trafficked persons or when the offense is committed by a public
officer or employee.
b. Offender is a member or law enforcement agencies
c. When the offended party dies, becomes insane, suffers mutilation or is afflicted with
HIV or AIDS
d. Offender commits one or more violations of section 4 over the period of 60 days
whether continuous or not
e. Offender directs the trafficking victim in carrying out the exploitative purpose of
trafficking.
Section 7: Confidentiality – confidentiality of the victim.

RA NO. 7610 “Child Abuse Law”

 Persons protected by the law – CHILDREN (A child below 18 years of age, or above but
upon evaluation of a qualified physician, psychologist, is found to be unable to take care
of herself fully)
 Burden of prosecution – must prove that the offended party belongs to this particular
class
 Coverage of the law – a child who is abused for profit, or when through coercion or
intimidation, the child engages in any lascivious conduct.
 Categories of abuse:
o Child prostitution and other sexual abuse (Section 5)
o Child trafficking and attempt to commit child trafficking (Section 7)
o Obscene publication and indecent shows (Section 9)
o Other acts of abuse (Section 10)
o Discrimination against children of indigenous cultural communities (Section 20)
 Section 5:
o WHO IS A CHILD EXPLOITED IN PROSTITUTION OR SUBEJCT TO SEXUAL ABUSE –
whether female or male, for money, profit, due to the coercion, or influence of
any adult, syndicate, or group indulge in sexual intercourse or lascivious
conduct.
o Lascivious conduct – intentional touching, either directly or through clothing of
the genitalia, anus, groin, breast, inner thigh, or buttocks, introduction of any
object into the genitalia, anus, mouth with an intent to abuse, humiliate, harass,
degrade or arouse or gratify the sexual desire, masturbation, lascivious
exhibition of the genitals or pubic area of a person.
o REQUISITES:
 Requisites for acts of lasciviousness under Art 336
 Element of lewdness
o OFFENDERS IN CHILD PROSTITUTION:
 Section 5a – Procurer (Pimp – punishable RA 7610, RA 9208, Art. 240) –
for profit of a child exploited in prostitution
 PIMPING – corruption of minors. Who promotes the prostitution
to satisfy the lapse of another; Person is liable for pimp who
solicits a customer.
o If accused is regularly offering – QUALIFIED TRAFFICKING
IN PERSON
 Section 5b – Client – sexual satisfaction, for profit or through coercion
 Section 5c – Owner of establishment (Art. 341)
o ELEMENTS OF SECTION 5(A): Procurer
 The offender engages in or promotes, facilitates, or induces child
prostitution
 The act is done through:
 Procurer of a child prostitute
 Inducing a person to be a client of a child prostitute by means of
written or oral advertisement or other similar means
 Taking advantage of influence or relationship to procure a child
as prostitute
 Threatening
  Giving monetary consideration
 Child is exploited or intended
 Male or female, below 18 years.
o CRIMES COMMITTED BY THE OWNERS OF PLACES WHERE PROSTITUTION
OCCURS (Section 5C)
 White slave trade Art. 341 RPC – enlists the services of women
(prostitution is a minor; adult or voluntarily engaging in prostitution –
owner of the brothel)
 Section 5C RA NO. 7610 – owner of the establishment where the
prostitution takes place.
 Qualified Slavery under Art. 272 RPC – prostitute is an adult, who had
been purchased, sold, kidnapped or detained for the purpose of
prostitution – the owner of the brothel
 Trafficking in person – whether crime committed is white slave trade,
child prostitution or qualified slavery
o ELEMENTS OF SECTION 5(B): Client
 Commits an act of sexual intercourse or lascivious conduct
 Performed with a child – male or female below 18 years old
 The child is given money, goods or other pecuniary benefit
 Victim is under 12 years. The perpetrators shall be prosecuted under –
Art 335 and Art 336 RPC: for rape, lascivious conduct – reclusion
temporal in its medium period
o CRIMES COMMITTED BY THE CLIENT
 Under RA 7610 – gives monetary consideration to engage the child in
prostitution, commits the act of sexual intercourse or lascivious conduct
 Under RA 9208, Sec 11 Use of trafficked persons – any person who buys
or engages the services of a trafficked person for prostitution
 Statutory rape or acts of lasciviousness Art 336 of RPC – child is less than
12 years old
 No crime – prostitute is adult
 PROSTITUTION AND HABITUALITY
o Not an element of child prosti
o Not an element in trafficking in person under RA 9208
o Element of prosti under art 202 RPC
 Sweetheart theory
o May be a defense in rape, acts of lasciviousness if man and woman are lovers
o Not a defense in RA 7610 – cannot give a valid consent to sexual intercourse
with another person.
 Intimidation need not be irresistible
 Child abuse – refers to any act of child abuse prejudicial to the child’s development
other than prostitution.
 Section 6: Attempt to commit child prostitution
 o any person not relative of a child is found alone with said child inside the room,
cubicle, inn, hotel, pension house, apartelle, vehicle, or hidden area – would
lead a reasonable person to believe that the child is about to be exploited.
 Even no actual intercourse or lascivious conduct or even if no money
o Person is receiving services from a child – sauna, parlor, massage, health club
 Even if the child is not about to be exploited
 Section 7 and Section 8
o Child trafficker – person who shall engage in trading and dealing with children
 If the victim is under 12 – maximum period imposed
o ATTEMPT TO COMMIT CHILD TRAFFICKING
 Child travels alone to a foreign country without valid reason, no
clearance from DSWD
 Recruits women or couples to bear children for the purpose of child
trafficking
 Doctor, hospital, clinic, nurse, midwife, local civil registrar simulates
birth for the purpose of child trafficking
 Finding children among low-income families, hospitals, clinics, daycare
centers
o PENALTY FOR ATTEMPTED CHILD TRAFFICKING
 Penalty lower 2 degrees
 Section 9
o OFFENDER IN OBSCENE PUBLICATIONS AND INDICENT SHOWS
 Person who shall hire, employ, use, persuade a child to perform in
obscene exhibitions and indecent shows, whether live or video, or model
in obscene publication, or pornographic materials to sell or distribute the
said materials
 Ascendant, guardian or entrusted the care of a child who shall cause or
allow child to be employed
 Section 10
o CHILD ABUSE V SEXUAL ABUSE
 Sexual abuse – commits an act of sexual intercourse or lascivious conduct
to a child
 Child abuse – cruelty or exploitation or to be responsible for other
conditions prejudicial to the child’s development. Includes those covered
by PD 603 ART 59
o SECTION 10(A)
 PD 603, Art 59 – criminal liability: parent – shall include the guardian
and the head of the institution of foster home
 Conceals or abandons the child with intent to make such child
lose his civil status
 Abandons the child under such circumstances as to deprive him
of love, care, protections
 Sells or abandons the child for valuable consideration
  Not giving him education which the family’s financial condition
permits
 Fails to enroll the child required by art 72
 Causes, abates or permits the truancy of the child enrolled from
school.
o Truancy – absence without cause for more than 20 school
days not necessarily consecutive
 exploites child for begging
 Inflicts cruel or unusual punishment
 Encourages the child to lead an immoral life
 Permits the child to carry deadly weapon
 Allows the child to drive without a license or with license which
the parent knows to have been illegally procured
 Section 10 (A):
 Child abuse
 Child cruelty
 Child exploitation
 Being responsible for other conditions prejudicial to the
development of the child
 SECTION 3(B) IN RELATION TO SECTION 10 (A): “CHILD ABUSE”
o Maltreatment whether habitual or not. Includes the ff:
 Psychological and physical abuse, neglect, cruelty, sexual abuse and
emotional maltreatment
 Act by deeds or words which debases degrades
 Unreasonable deprivation of basic needs for survival
 Failure to give immediately medical treatment
 STILL ON CHILD ABUSE
o Art 233 fam code – prohibits corporeal punishment by teacher
o Inflicting physical injuries – the infliction of injuries degrades the child
 FOR CHILD ABUSE IN SECLUDED PLACES, THERE ARE DEFENSES IN HUGE AGE GAP
SITUATIONS
o The accused is related within 4th degree of consanguinity or affinity
o Accused acts in the performance of a social, moral, or legal duty
 CIRCUMSTANCES WHICH GRAVELY THREATEN OR ENDANGER THE SURVIVAL AND
NORMAL DEVELOPMENT OF CHILDREN
o Being in a community where there is armed conflict
o Working under conditions hazardous to life, safety
o Living in the streets or urban without the care of parents
o Member of indigenous cultural community lacks or has inadequate basic
services needed
o Victim of man-made disaster

RA 10364 AMENDING RA 9208

CORRELATING ARTICLES 272, 273 AND 274 OF RPC, WITH RA 7610 AND RA 10364 AMENDING
RA 9208
Ra 9208 on trafficking in person, specifically section 3a – encompasses slavery, exploitation of
child labor and services rendered under compulsion in payment of debt
- In slavery, exploitation of child labor and services rendered under compulsion in
payment of debt – slave, child of debtor or the debtor himself acts against his will or
without his consent. In qualified trafficking, the consent of the victim is immaterial

Concept of slavery under RA 10364 – slavery and forced labor used to be synonymous. But
they are now defined separately
- Slavery: status or condition of a person over whom any or all of the powers attaching
to the right of ownership are exercised
- Forced labor: refers to the extraction of work, 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

Sale of a child
Child trafficking under section 7 RA 7610 – committed by a parent for consideration
Qualified trafficking in person under section 4, in relation to section 6 RA 9208 – purpose of
the sale is labor, sexual or organ exploitation

RA 9262 “Violence Against Women and their children”

 Dating Relationship
o parties live as husband and wife without the benefit of marriage.
o A casual acquaintance between two individuals in a business or social context
is not a dating relationship
 Sexual relationship
o Refers to sexual act which may or may not result in the bearing of a common
child
 ELEMENTS OF THE CRIME OF VAWC
o Offender has or had a sexual or dating relationship with the offended woman
o Offender commits an act or series of acts of harassment against the woman
o Causes substantial emotional or psychological distress to her
 VIOLENCE AGAINST WOMEN AND CHILDREN
o Act or series of acts committed by any person against a woman who is his wife,
former wife, against a woman whom he had sexual or dating relationship, or
with whom he has a common child whether legitimate or illegitimate result in
physical, sexual, psychological harm, economic abuse, including threats,
battery, assault, coercion, harassment or arbitrary deprivation of liberty.
 Physical violence – bodily or physical harm. Acts do not constitute
attempted, frustrated or consummated parricide, murder, homicide, or
mutilation
  Sexual violence – sexual in nature. Rape, sexual harassment, acts of
lasciviousness, treating a woman or her child as a sex object, forcing the
wife and mistress to live in the conjugal home or sleep together in the
same room with the abuser.
 Psychological violence – cause mental or emotional suffering of the
victim: harassment, stalking, damage to property, public ridicule,
humiliation, verbal abuse, mental infidelity.
 Economic abuse – to make a woman financially dependent to him:
withdrawal of financial support or preventing the victim from engaging
legitimate profession, occupation, business or activity. Deprivation or
threat of financial resources
 DISTINGUISH PYSCHOLOGICAL VIOLENCE FROM EMOTIONAL AND MENTAL ANGUISH:
o Psychological violence – means employed by the offender
o Mental and emotional anguish – necessary to present the testimony of the
victim as such experiences are personal to him.
 ACTS OF VIOLENCE AGAINST WOMEN AND THEIR CHILDREN
o Causing physical harm to the woman or her child
o Threatening to cause the woman or her child physical harm
o Attempting to cause the woman or her child physical harm
o Placing the woman or her child in fear of imminent physical harm
o Attempting to compel or compelling the woman or her child to engage in
conduct which they have the right to desist; restricting them when they have
the right to engage
 Threatening to deprive or actually depriving the woman or her child of
custody to her/his family
 Depriving financial support legally due her
 Depriving legal right
 Preventing the woman in engaging in any legitimate profession,
occupation, business or activity or controlling victim’s money
o Controlling decision by inflicting harm
o Engaging in purposeful, knowing, or reckless conduct, personally or through
another that alarms or causes substantial emotional or psychological distress:
 Stalking
 Peering in the window or lingering outside the residence of the woman or
her child
 Entering in the dwelling or on the property of the woman or her child
against their will
 Destroying the property
 Any form of violence
 AGGRAVATING CIRCUMSTANCES – woman or child is pregnant. Committed in the
presence of her child.
 STALKING – refers to an intentional act committed by a person who knowingly and
without lawful justification, follows the woman or her child or places them under
surveillance
 BATTERED WOMAN SYNDROME – scientifically defined pattern of psychological and
behavioral symptoms found in women living in battering relationships as a result of
cumulative abuse
 BATTERY – act of inflicting harm cause physical, emotional or psychological distress
 WHO IS A BATTERED WOMAN :
o Repeatedly subjected to any forceful physical or psychological behavior by a
man in order to coerce her into doing something he wants
o Exhibits low self-esteem; traditional beliefs about the home, the family and the
female sex role; emotional dependence upon the dominant male; tendency to
accept the blame for the batterers’ action; false hope that the batterer will
improve.
 BWS – refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of cumulative
abuse. Three phases:
o Tension building – minor battery
 Verbal, physical, other forms of hostile behavior
 Woman tries to pacify the man
o Acute battering incident – brutality, destructiveness, and sometimes death
 Unpredictable yet also inevitable
 She is detached from the attack and the pain
o Tranquil period – profound relief for the couple
 Batterer may show a tender and nurturing behavior towards the woman
 FOR BWS AS A DEFENSE
o Proof of 2 episodes of physical violence by the offender is required
 TO PROSECUTE UNDER RA 9262 OR VAWC
o Single act will suffice
 IF BWS DEFENSE FAILS. Mitigating circumstances will be considered:
o Psychological paralysis – diminution of freedom, intelligence and intent
analogous to an illness that diminishes willpower without depriving her of the
consciousness of her acts.
o Passion and obfuscation – arises from the violent aggression of the batterer