Republic Act No.

9208             May 26, 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 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.

[REPUBLIC ACT NO. 10364]

AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED “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
PURPOSES”

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

SECTION 1. Short Title. – This Act shall be known as the “Expanded Anti-Trafficking
in Persons Act of 2012”.

SEC. 2. Section 2 of Republic Act No. 9208 is hereby amended to read as follows:

“SEC. 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.”

Approved: FEB 06 2013

Section 3. Definition of Terms. - As used in this Act:

(a) Trafficking 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.

The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of
exploitation shall also be considered as "trafficking in persons" even if it does not involve any
of the means set forth in the preceding paragraph.

(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.

(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 and Slavery - refer 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.

(e) 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.

(f) 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.

(g) 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.

(h) 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.

(i) Council - shall mean the Inter-Agency Council Against Trafficking created under Section 20 of
this Act.

Republic of the Philippines

Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand
twelve.

[REPUBLIC ACT NO. 10364]

AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED “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 PURPOSES”

SEC. 3. Section 3 of Republic Act No. 9208 is hereby amended to read as follows:

“SEC. 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.

“(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.”

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, 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;

(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;

(e) To maintain or hire a person to engage in prostitution or pornography;

(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
 (g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force,
fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs
of said person; and

(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or
abroad.

Republic of the Philippines

Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand
twelve.

[REPUBLIC ACT NO. 10364]

AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED “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 PURPOSES”

SEC. 4. Section 4 of Republic Act No. 9208 is hereby amended to read as follows:

“SEC. 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, 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.”

[REPUBLIC ACT NO. 10364]

AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED “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 PURPOSES”

SEC. 5. A new Section 4-A is hereby inserted in Republic Act No. 9208, to read as follows:

“SEC. 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.”

Approved: FEB 06 2013

Republic of the Philippines

Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand
twelve.

[REPUBLIC ACT NO. 10364]

AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED “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 PURPOSES”

SEC. 6. A new Section 4-B is hereby inserted in Republic Act No. 9208, to read as follows:

“SEC. 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.”

Approved: FEB 06 2013

Republic of the Philippines

Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand
twelve.

[REPUBLIC ACT NO. 10364]

 AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED “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 PURPOSES”

SEC. 7. A new Section 4-C is hereby inserted in Republic Act No. 9208, to read as follows:

“SEC. 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.”

Approved: FEB 06 2013

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 and certificates of any government agency which issues
these certificates and stickers as proof of compliance with government regulatory and pre-
departure requirements for the purpose of promoting trafficking in persons;

(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; 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.

[REPUBLIC ACT NO. 10364]

AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED “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 PURPOSES”

SEC. 8. Section 5 of Republic Act No. 9208 is hereby amended to read as follows:

“SEC. 5. Acts that Promote Trafficking in Persons. – The following acts which promote or
facilitate trafficking in persons, shall be unlawful:

“(a) xxx

“(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) xxx

“(d) xxx

“(e) xxx
 “(f) xxx

“(g) xxx

“(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; or

“(j) To utilize his or her office to impede the investigation, prosecution or execution of lawful
orders in a case under this Act.”

Approved: FEB 06 2013

Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking:

(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, involuntary servitude or debt
bondage;

(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 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;

(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; and
 (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).

[REPUBLIC ACT NO. 10364]

AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED “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 PURPOSES”

SEC. 9. Section 6 of Republic Act No. 9208 is hereby amended to read as follows:

“SEC. 6. Qualified Trafficking in Persons. – Violations of Section 4 of this Act shall be

considered as qualified trafficking:

“x x x

“(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;

“x x x

“(f) When the offender is a member of the military or law enforcement agencies;

“(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

“(i) When the offender directs or through another manages the trafficking victim in carrying
out the exploitative purpose of trafficking.”

Section 7. Confidentiality. - At any stage of the investigation, prosecution and trial of an offense
under this Act, law enforcement officers, prosecutors, judges, court personnel and medical
practitioners, as well as parties to the case, shall recognize the right to privacy of the trafficked
person and the accused. 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 of the accused, or any other information tending to establish their identities and
such circumstances or information shall not be disclosed to the public.

In cases when prosecution or trial is conducted behind closed-doors, 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 information technology to cause publicity of any case of trafficking in persons.

Republic of the Philippines

[REPUBLIC ACT NO. 10364]

AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED “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
PURPOSES”

SEC. 10. Section 7 of Republic Act No. 9208 is hereby amended to read as follows:

“SEC. 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.”

Section 8. Prosecution of Cases. - Any person who has personal knowledge of the commission of
any offense under this Act, the trafficked person, the parents, spouse, siblings, children or legal
guardian may file a complaint for trafficking.

[REPUBLIC ACT NO. 10364]

AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED “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 PURPOSES”

SEC. 11. Section 8 of Republic Act No. 9208 is hereby amended to read as follows:

“SEC. 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.”
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.

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 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);

(c) 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);

(d) 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);

(e) 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;

(f) 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;

(g) If the offender is a foreigner, he shall be immediately deported after serving his sentence
and be barred permanently from entering the country;

(h) 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/her retirement and other benefits shall likewise
be forfeited; and

(i) Conviction by final judgment of the adopter for any offense under this Act shall result in
the immediate rescission of the decree of adoption.

[REPUBLIC ACT NO. 10364]

AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED “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 PURPOSES”

SEC. 12. Section 10 of Republic Act No. 9208 is hereby amended to read as follows:

“SEC. 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

“(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.”

Section 11. Use of Trafficked Persons. - Any person who buys or engages the services of trafficked
persons for prostitution shall be penalized as follows:

(a) First offense - six (6) months of community service as may be determined by the court
and a fine of Fifty thousand pesos (P50,000.00); and

(b) Second and subsequent offenses - imprisonment of one (1) year and a fine of One
hundred thousand pesos (P100,000.00).

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 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 and shall be interrupted by the filing of the
complaint or information and shall commence to run again when such proceedings terminate without
the accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable to
the accused.

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.

The DFA shall take necessary measures for the efficient implementation of the Machine
Readable Passports 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.

It shall establish and implement a pre-marriage, on-site and pre-departure counseling

program on intermarriages.

(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.

(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) National Commission on the Role of Filipino Women (NCRFW) - 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) - shall be the primary law enforcement agency to
undertake surveillance, investigation and arrest of individuals or persons suspected to be
engaged in trafficking. It shall closely coordinate with various law enforcement agencies to
secure concerted efforts for effective investigation and apprehension of suspected traffickers.
It shall also establish a system to receive complaints and calls to assist trafficked persons
and conduct rescue operations.

(h) Philippine Overseas Employment Administration (POEA) - shall implement an effective

pre-employment orientation seminars and pre-departure counseling programs to applicants
for overseas employment. It shall likewise formulate a system of providing free legal
assistance to trafficked persons.
 (i) Department of the Interior and Local Government (DILG) - shall institute a systematic
information and prevention campaign and likewise maintain a databank for the effective
monitoring, documentation and prosecution of cases on trafficking in persons.

(j) 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 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.

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.

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 crimes directly related to
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.

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) Administrator, Philippine Overseas Employment Administration;

(d) Commissioner, Bureau of Immigration;

(e) Director-General, Philippine National Police;

(f) Chairperson, National Commission on the Role of Filipino Women; and

(g) Three (3) representatives from NGOs, who shall be composed of one (1) representative
 each from among the sectors representing women, overseas Filipino workers (OFWs) 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 receive
emoluments as may be determined by the Council in accordance with existing budget and
accounting, rules and regulations.

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.

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.

(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 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 heads of the departments and agencies concerned shall immediately
include in their programs and issue such rules and regulations to implement the provisions of this
Act, the funding of which shall be included in the annual General Appropriations Act.

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.

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. - All laws, presidential decrees, executive orders and rules and
regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or
modified accordingly: Provided, That this Act shall not in any way amend or repeal the provision of
Republic Act No. 7610, otherwise known as the "Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act".

Section 33. Effectivity. - This Act shall take effect fifteen (15) days from the date of its complete
publication in at least two (2) newspapers of general circulation.
 Approved,

FRANKLIN DRILON JOSE DE VENECIA JR.

President of the Senate Speaker of the House of Representatives

This Act, which is a consolidation of Senate Bill No. 2444 and House Bill No. 4432 was finally passed by
the Senate and the House of Representatives on May 12, 2003 respectively.

OSCAR G. YABES ROBERTO P. NAZARENO

Secretary of Senate Secretary General
House of Represenatives

Approved: May 26, 2003.