Enforcing Republic Act 9208 or the Anti-Trafficking in Persons Act of 2003

Guidelines for Barangay Actions

(inputs to the Synchronized Barangay Assembly, March 26, 2010)

Every year, thousands of Filipinos are lured and trapped by traffickers into exploitative
situations in prostitution, abusive domestic work, sweatshops, factories, piggeries, and even
plantations both inside the country and overseas.

Since the enactment of Republic Act 9208, almost 800 trafficking in persons cases were filed in
court and forty-nine (49) of these cases were successfully prosecuted. However, these cases
represent only a small portion of actual trafficking incidents since many victims chose not to
pursue cases against those who victimized them. Visayan Forum, a non-government
organization working with the government to protect women and children in transit areas
against trafficking and other forms of exploitation, provides services to an average of 1,200
persons per year.

Trafficking syndicates roam our communities looking for Filipinos who

Republic Act 9208
defines 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 the
minimum, the exploitation
or the prostitution of
others or other forms of
sexual exploitation, forced
labor or services, slavery,
servitude, and the
removal or sale of organs.
want to escape poverty. For many Filipinos, a job in the city or in other
countries is the first step to a brighter future. In fact in 2009 alone, 1.5
million Filipinos were deployed for work abroad (POEA data).
Traffickers often present themselves as someone who can help people
fulfill their dreams of working abroad or in large cities. They promise
jobs, high salaries, and decent working conditions. For a huge number of
Filipinos, it is often too late to realize that the promises are all false.
Trafficking is one of the gravest problems facing the Philippines. It has
already destroyed countless lives. It has drained communities of young
people who would have been the engines of development. This crime has
become so pervasive that it is a threat to us, our families, and friends.
In the War Against Trafficking, barangays are at the frontline. The
Department of Interior and Local Government is working with partners
from civil society, particularly the Visayan Forum, Blas Ople Policy
Center, the Association of Child Caring Agencies in the Philippines, and
the Philippine Center for Islam and Democracy to help barangays come
up with tougher actions against trafficking.
This paper seeks to provide barangay leaders and their members with
basic knowledge on trafficking in persons and what they can do to help
stop this menace.
Republic Act 9208
or the Anti-Trafficking in Persons Act of 2003
The Philippines enacted Republic Act 9208 in 2003. The law defined the
crime of trafficking in persons, prescribed penalties and fines for
offenders, and established guidelines for the enforcement of the law and
protection of victims.
The crime of Trafficking in persons has three elements: 1) the Acts; 2) the means utilized, and; 3)
the purpose of exploitation.

Elements of Trafficking in Persons

Acts Means Purpose of
Exploitation
 Recruitment  Threat  Prostitution

+ + =
 Transportation  Use of Force  Sexual
 Transfer  Coercion exploitation
 Harboring  Abduction  Forced labor Trafficking in
 Receipt  Fraud  Slavery Persons
 Of persons  Deception  Servitude
 Use of Power  Removal or sale
 Abuse of position of organs
 Abuse of
vulnerability of the
victim
 Giving or receiving These are only
payments to achieve minimum cases.
consent of person These could still be
having control expanded such as in
having another the cases of
trafficking for child
labor
If the victim is a child
(below 18 years old, this
element is not required)

All the elements enumerated above will have to be present for it to be penalized by the Anti-
Trafficking Law. The trafficker should have recruited, transported, harbored, or received the
person using the means enumerated above for the purpose of bringing the victim to exploitation.
The only exception is when the victim is a child where there is no need to show the means.

However, we should remember that even if one of the elements is not present, it still might be a
violation of other laws. For example, if we see that the recruitment is done using fake
documents, it is still a violation of laws on illegal recruitment.

The important thing is that if any of the elements enumerated above are present in a situation,
barangay officials and residents should be vigilant and start
coordinating with the authorities for appropriate actions.

Trafficking in Persons Cases IMPORTANT NOTE:

To better understand trafficking in persons and RA 9208, here Trafficking happens in

are some actual cases of trafficking: households too! Domestic
 Two young women were recruited and promised work as workers who are abused, not
waitresses in Malaysia. Upon arrival in Malaysia, they allowed to get out of the house,
discovered that they will work as domestic workers and and not allowed outside contact
will only receive half the salary that was promised to
may be victims of trafficking!
 them. As domestic workers, they endured long hours of work, physical and verbal abuse, and
one of them was even “requested” by the employer to sleep with him. They were imprisoned
in the homes of their employers for more than a year. The young women managed to escape
and they filed RA 9208 cases against their recruiter. The court sentenced the recruiters to
life imprisonment.
 A police officer was convicted for maintaining a prostitution bar in Manila. He was the owner
and operator of the bar and he served as protectors to the recruiters who would regularly go
to the provinces to lure unsuspecting young girls.
The police officer was meted the highest penalty
because he used his position as police officer to
When is it safe
victimize people.
 Six young girls, aged 14-17 years old, were promised
Migrating has many risks and there is
work as domestic workers. They ended up in a
really no sure way for us to know if we
prostitution den where “customers” would come and
choose from among them. Since virgins command will be in safe hands. That is why it is
higher prices, the traffickers would dip cottons in important to always consider the
pigeons blood and insert them in the private parts of following even before initiating
the young girls to make it appear like they were discussions with the recruitment agency:
bleeding during the sexual intercourse. The victims
could not get out because the casa was heavily  Does the recruitment agency have a
guarded, they were regularly beaten and punished, valid license? Check with the
and even the lives of their families where threatened. Philippine Overseas Employment
Agency (POEA) or the Department of
Labor and Employment (DOLE).
Barangays can help put an end to  Is the recruiter covered by an
trafficking in persons authority to recruit? Does the
authority to recruit cover your area?
Barangays are the first line of defense against  Does the agency have a clean record?
trafficking. They can be very effective in combating Check for past complaints and cases
trafficking, especially in: filed against them.
 Are the terms and conditions of work
- Raising awareness in our barangays so that our (actual job, work hours, salaries, days
constituents will be warned of the dangers of off, benefits, vacation leave) clear to
trafficking and will have knowledge on how to you? Is there a written contract
avoid being victimized between you and the recruiter and
- Checking the activities of traffickers and their between you and your prospective
cohorts in our areas of responsibility employer?
- Providing advice and guidance to recruits  Are there actual job orders?
- Gathering information and reporting on activities  Is the destination area safe? There
of prostitution dens, sweatshops, plantations, and are many countries where our
even households who might be utilizing labor from government does not allow Filipinos
trafficked persons to work because of massive abuses
- Strengthening the ability of our barangay to deal and security risks.
with trafficking in persons cases by forming local
 Are the fees that would be charged
Inter-Agency Councils Against Trafficking
to you legal and aboveboard?
(IACAT)
- Continuously updating your information and
If you answer yes to these questions, you
knowledge on trafficking and other related crimes
can now proceed WITH CAUTION in
by coordinating with the DILG and their partner
discussing possible job placement with
NGOs.
the recruitment agencies.
Raising Awareness

Barangay leaders can help disseminate the following crucial

information to the public: how to ensure safe migration, how Trafficking in Persons Action Line
to detect and guard against exploitation, and how to seek (1343)
help. Barangays can also help popularize the Anti- You can report all cases of
Trafficking ActionLine. trafficking to ActionLine number
1343 (Dial 02-1343 if you are
The DILG and its partner NGOs can provide technical calling from outside Metro Manila).
assistance to barangays who would like to set up community This is a 24-hour hotline and it is
watch networks against trafficking. connected to law enforcers, social
workers, NGOs, and other agencies.
You can call to report cases of
Be Aware of the Usual Modus Operandi of Traffickers and trafficking in persons or to ask
share this with your constituents about information related with
trafficking.
 Traffickers misinform their potential victims about the
nature of their work
 It is also possible that traffickers will withhold vital Possible Indicators of Trafficking
information about the nature of work such as actual jobs, in Persons
destination, wages, and other benefits
 They tolerate, encourage, and even facilitate the 1. During Recruitment
production of false birth certificates, IDs, passports, and  Traffickers offer unrealistic
employment contracts promises on salaries,
 They have false or non-existent job orders; they also use destination, and other terms of
employment
fake employment contracts or employment certification
 They use falsified or expired
 Cash is often given to parents or families of recruits to recruitment licenses
gain their trust and goodwill; these debts will then be  Traffickers are willing to help
used by traffickers to control the victims victims fake their travel
 Traffickers will limit the contact of victims to other people; documents
hence, they will have possession of cellphones, contact  Traffickers pay “salary advances”
numbers, and pertinent documents while in transit and to parents of possible victims
when they land in the destination area  Exorbitant placement fees,
transportation, and
Detecting trafficking in persons: Looking beneath the accommodations are charged to
surface recruits

There are several indicators that we could use to tell 2. While in transit
whether a possible trafficking crime is being committed.  Usually travel in groups, with
Whenever a barangay official or a resident encounters any one or more individual directing
of the indicators listed here, they should immediately the movements of recruits
coordinate with the police or members of the Inter-Agency  Victims have no clear
Council Against Trafficking or call 1343. information on conditions, term,
and other details of employment
Please remember that trafficking cases often start out as  Passports, ID, tickets and other
cases of illegal recruitment, child labor, prostitution, or as documents are in the possession
cases of missing children or youth. It is important to of traffickers
gather information. Use the indicators in the boxes as  Traffickers control the
guide for information gathering and reporting. movement of victims
Barangay officials and their constituents can follow these practical tips in detecting trafficking in
persons:

1. Be aware and be vigilant of recruitment activities in your areas of jurisdiction. Do not

hesitate to ask the recruitment licenses, authority to recruit, job orders and other pertinent
documents from recruiters who are operating in your area. Remember that all recruitment
should be covered by a license, the recruiter should possess an authority to recruit issued by
the DOLE in your area (the authority is not transferrable even through a special power of
attorney) and that all recruitment should be covered by job orders and contracts.
2. Ask the “recruits” on the terms and conditions of their work. If they are not clear on the
details, look into their documents and immediately seek help from concerned law enforcement
or NGOs operating in your area.
3. Apart from using the promise of work to lure possible victims, there are other methods that
are used by traffickers. Beware of the following:
a. Trafficking through mail-order brides or through internet dating services
b. Trafficking for the removal or sale of organs
c. Kidnapping or buying children either to sell them or to use them in activities such as
worst forms of child labor, begging, or drugs
4. You can gather information and report about activities of possible fronts for trafficking.
These can include prostitution dens fronting as bars, training centers, or boarding houses,
factories and agricultural businesses that employ bonded laborers, and households with
abused domestic workers.

Tell-tale signs of trafficking in workplaces (this could cover possible cases of prostitution, forced
labor, and abuse of domestic workers):

- Signs of physical violence against workers including bruises, anxiety and confusion, and
signs of violent behavior from supervisors
- Restriction of freedom of movement such as when you noticed that people are locked up
and are not free to leave workplaces. We can also check for physical signs such as large
gates, barbed wires, and locks that are meant to prevent people from leaving.
- Workers are heavily indebted. Wages are not paid. There are indications of excessive and
illegal forms of discipline of workers

Strengthening Barangay Actions Against Trafficking

It is imperative that barangays build their own capacities to effectively prevent and respond to
trafficking in persons cases. Here are some possible steps:

1. Establish your own Inter-Agency Council Against Trafficking (IACAT). RA 9208 prescribes
the creation of the IACAT as the national-level monitoring body for the implementation of the
law. Barangays can convene their own IACAT and can invite government agencies and
NGOs to help out. This is very important because we need to combat trafficking in all fronts
 and this will require the active participation of social workers, barangay health workers, law
enforcers, and pillars of the community.

2. Allocate resources. We need to allocate money and, most importantly, time and human
resources in the War Against Trafficking. You can fund orientation for barangay members,
appoint point persons who will coordinate with other agencies and who can receive reports. It
is also important that the whole Council and other organs of the barangays are on board.

3. Pass barangay ordinances. You can require recruiters to get permits from the barangay
before they can operate in your area. You can also ask children who will be travelling alone
to other places to secure clearance. You can work with the City and Municipal government to
strengthen the inspection of establishments that are possible being used as fronts.

4. Train your people. The DILG and its partner NGOs will be conducting training for barangay
officials. You can offer your barangay as one of the pilot barangays for the training series.
We need dedicated and skilled people to keep us up to par with the trafficking syndicates.

5. Patrol your ranks. We must make sure that our fellow

In thinking about trafficking in
persons, please remember these:
Victims should be treated as victims
and not as offenders. There is no
such thing as a willing victim. No
one will allow himself or herself to
be prostituted or exploited.
On first contact, victims will be
uncooperative. We need patience
and we need to understand what
they are going through and their
motivations.
We need to observe rights-based
and gender-sensitive principles in
handling trafficking cases. We must
maintain confidentiality at all times.
officials are not coddlers or are not traffickers themselves.
We must also stop patronizing bars that act as fronts for
prostitution. Barangays can institute a Code of Conduct.
Possible Next Steps
The DILG and partner NGOs will embark on a program to
build local community watch networks against trafficking.
The partners are ready to provide information assistance,
help guide you in responding to cases, and in facilitating
training and orientation seminars. The partners will help
barangays develop ordinances and programs against
trafficking.
The Visayan Forum operates halfway houses at the Ninoy
Aquino International Airport, and the ports of North Harbor,
Batangas, Sorsogon, Iloilo, Davao, Surigao, and Zamboanga
and field offices in Cebu and Bacolod. You can coordinate
with them for victims from your area who might be passing
through the ports. They also produce IEC materials such as
posters, documentaries, manuals, and comics on safe
migration.
For Reports and other trafficking related concerns, call 1343
(02-1343 for those outside Metro Manila).

For requests for information materials, training, and assistance in developing local ordinance
and programs, please contact:
Department of Interior and Local Government – (02) 9205476
Visayan Forum Foundation, Inc. (www.visayanforum.org, 02-709-0711, 0999-5689777)
Blas Ople Policy Center (833-5337; 8339562)