R.

A 10364 – Primer
 MissIdea  Uncategorized  October 17, 2013 6 Minutes

R.A 10364 – Primer

What is the Expanded Anti-Trafficking in Persons Act of 2012?

The Expanded Anti-Trafficking in Persons Act of 2012, or Republic Act 10364 is an act that
institutes policies to eliminate trafficking in persons especially women and children. Also, it
establishes the necessary mechanisms to protect and support trafficked persons, and provides
penalties thereof.

R.A. 10364 is said to be an expanded and strengthened version of the Anti-Trafficking in

Persons Act of 2003 (R.A 9208) and the new law now covers attempted trafficking, as well as
accomplice and accessory liabilities.

In the new law, the following acts are now considered human trafficking:

 recruitment of domestic/overseas employment for sexual exploitation;

 forced labor or involuntary debt bondage;
 recruitment of Filipino woman to marry a foreigner;
 recruitment for sex tourism;
 recruitment for organ removal; and
 recruitment of a child to engage in armed activities abroad;

THREE CATEGORIES OF TRAFFICKING IN PERSONS

Acts of Trafficking in Persons

 Recruiting, obtaining, hiring, providing, offering, transporting, transferring, maintaining,

harbouring, or receiving 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;
 Recruiting any Filipino woman to marry a foreign national for the purpose of acquiring,
buying, offering, selling him/her to engage in prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;
 Undertaking or organizing tours and travel plans for the purpose of sex tourism;
 Maintaining or hiring a person for prostitution or pornography;
 Exploiting children in terms of:
  Recruiting children for use in armed conflict;
 Child prostitution/pornography;
 Using, procuring or offering of a child for the production and trafficking of drugs;
and
 Using, procuring or offering of a child for illegal works or activities.

Acts that Promote Trafficking

 Leasing/sub-leasing, using or allowing any house, building, or establishment for the

purpose of trafficking in persons;
 producing, print and issuing unissued, tampered or fake counselling certificates,
registration stickers and certificates of any government agency which issue such
certificates, for the purpose of trafficking;
 advertising, publishing, printing or broadcasting by any means, including the use of
information technology, any propaganda that promotes trafficking in persons;
 facilitating, assisting or helping in the exit and entry of persons from/to the country at
international and local airports who have fraudulent travel documents for the purposes of
promoting trafficking in persons;
 confiscating, concealing or destroying the passport, travel documents of trafficked
persons in furtherance of trafficking to prevent them from leaving the country;
 benefiting from, financial or otherwise, the labor services of a person held to a condition
of involuntary servitude, forced labor or slavery; and
 Utilizing his or her office to impede the investigation, prosecution or execution of lawful
orders in a case under this Act.

Qualified Trafficking

The following are an act of qualified trafficking:

 When the trafficked person is a child;

 When the adoption is for the purpose of prostitution, pornography, sexual exploitation
and the like;
 When the crime is committed by a syndicate;
 When the offender is a spouse, an ascendant, parent, sibling, guardian or a person who
exercises authority over the trafficked person;
 When the offender is a member of the military or law enforcement agency; and
 When by reason or occasion of the act, the offended party dies, becomes insane, or
been afflicted by HIV-AIDS
 When the offender commits one or more violations of Section 4 over a period of sixty or
more days, continuous or not; and
 When the offender directs or through another manages the trafficking victim in carrying
out exploitative purpose of trafficking.
 

What is attempted trafficking?

Under R.A. 10364, attempted trafficking is any act to initiate the commission of a

trafficking offense but the offender failed to or did not execute all the elements of the
crime due to accident or by reason of some cause other than voluntary desistance.

If the victim is a child, an act be considered attempted trafficking if a person –

 facilitates the travel of a child without clearance from DSWD or parental/legal consent;
 executing affidavit of consent for adoption;
 Recruiting a woman to bear a child; simulating a birth; or soliciting a child and requiring
custody through any means from hospital, health centers and the like, all for the purpose of
selling the child.

What in an accomplice liability?

One of the new provisions inserted in this Act provides for the liabilities of an accomplice in
trafficking. Under this Act, an accomplice is anyone who knowingly aids, abets, cooperates
in the execution of the offense, whether by previous or simultaneous acts, and shall be
punished in accordance with this law.

What is an accessory liability?

An accessory is any person that has the knowledge of the commission of the crime and
without having participated therein, takes part in the commission in any of the following
manners:

 profiting themselves or assisting the offender to profit by the effects of the crime;
 by concealing or destroying the boy of the crime; and
 by harbouring, concealing or assisting in the escape of the principal of the crime.

An accessory shall be liable to the penalties provided for in this Act.

Who may file a case?

The following persons may file cases of trafficking in persons:

 trafficked person;
  the parents, spouse, siblings, children or legal guardian of the trafficked person; and
 Anyone who has personal knowledge of the crime.

Who may be punished for trafficking in persons?

Any person, natural or juridical, found guilty of trafficking under R.A 10364 may be punished.

 If the offender is a corporation, partnership, association, club, establishment or any

juridical persons, the penalty shall be imposed upon the owner, president, partner,
manager, and/or any responsible officer who participated in the commissions of the crime,
or who knowingly permitted or failed to prevent is commission.
 If the offender is a foreigner, he or she shall be immediately deported after serving
his/her sentence and barred from entering the country.

Prescriptive Period

Trafficking cases can be filed within 10 years after they are committed. If trafficking is committed
by a syndicate or on a large scale, cases can be filed within 20 years after the commission of
the act. The so-called “prescriptive period” is counted from the day the trafficked person is
delivered or released from the conditions of bondage.

In the case of a child victim, the prescriptive period starts from the day the child reaches the age
of majority.

PENALTIES
 ACT PENALTY What

20 yrs of imprisonment and a fine of 1 million to

Acts of Trafficking
2 million pesos

15 yrs of imprisonment and a fine of 500,000 to 1

Acts that Promote Trafficking/Accessory Liability
million pesos

Life imprisonment and a fine of 2 million to 5

Qualified Trafficking
million pesos

15 yrs imprisonment and a fine of 500,000 to 1

Attempted Trafficking
million pesos

15 yrs imprisonment and a fine of 500,000 to 1

Accomplice Liability
million pesos

6 yrs imprisonment and a fine of 500,000 to 1

Breach of Confidentiality Clause
million pesos

(1)     six years to 12 years imprisonment and a

fine of 50,000 to 100,000 pesos

Use of Trafficked Persons  

(2)     Deportation – if the offense is committed by

a foreigner

protection is given to trafficked persons under R.A. 10364?

Trafficked persons shall be considered victims and shall not be penalized for unlawful acts
committed.

 The consent of the victim to the intended exploitation is irrelevant; also

 The past sexual behaviour or predisposition of a trafficked person shall be considered
inadmissible in evidence of proving consent of the victim to the crime.

Temporary Custody of Trafficked Victims is also now provided under RA 10364 – rescue of
trafficked persons should be under the assistance of DSWD or any accredited NGO that
services trafficked victims.

Extra-Territorial Jurisdiction
Under this Act, the state can exercise jurisdiction over any act defined and penalized under the
law, even if the crime is committed outside the Philippines, if the suspect or accused is:

 A Filipino citizen; or
 A permanent resident of the Philippines; or
 Has committed the act against a citizen of the Philippines.

What is an Anti-Trafficking in Persons Database?

Another added provision in this act is the database of anti-trafficking in persons wherein the
Inter-Agency Council Against Trafficking (IACAT) shall submit a report to the President of the
Philippines and to Congress, on or before January 15 f every year, the preceding year’s
programs and date on trafficking-related cases.

Inter-Agency Council Against Trafficking (IACAT)

IACAT is the primary body that coordinates, monitor and oversee the implementation of R.A.
10364. IACAT is composed of the following agencies:

 Secretary, DOJ (Chairperson)

 Secretary, DSWD (Co-Chairperson)

Members:

 Secretary, DFA;
 Secretary, DOLE;
 Secretary, DILG;
 Administrator, POEA;
 Commissioner, BOI;
 Chief, PNP;
 Chairperson, PCW;
 Chairperson, CFO;
 Executive Director, PCTC; and
 Three representatives from NGOs shall include one representative each from the
sectors of women, overseas Filipinos, and children.

Funding

The funds necessary to implement this Act will be charged against the current year’s
appropriations of the IACAT under the budget of the DOJ and other concerned departments.

 Additional Funds for the Council is also now provided by the law, the amount collected
from every penalty, fine or asset derived from any violation of this Act shall be considered
additional funds for the Council.