ANTI-TRAFFICKING IN PERSON Organ Exploitation Removal or sale of organ

RA No. 9208, as amended by RA No. 10364 Labor Exploitation Forced labor or services, slavery,
servitude, debt bondage.
ELEMENTS OF THE TRAFFICKING IN PERSON:
1. Act of Trafficking
2. Means to commit trafficking
3. Exploitive Purpose  Actual exploitation is not necessary for purposes of consummation
thereof.
ACTS OF TRAFFICKING (PORTH - THORM)  Crime of trafficking in person involving prostitution is considered
consummated even if no sexual intercourse had taken place, trafficking
PORTH THORM itself by that purpose consummates the crime.
Providing Transfer  What is penalised is the Purpose of the Perpetrators to engage their
Obtaining Harbour victims to acts of prostitution or sexual exploitation.
Recruitment Offering  Minor's consent is not given out of his or her own free will.
Transportation Receipt of Trafficked Victim  Consent of the victim is immaterial because taking advantage of
Hiring Maintaining vulnerability person as minor or in need of money is penalised.

MEANS TO COMMIT TRAFFICKING (CUT TAF DAG) Section 4. Acts of Trafficking in Person.

CUT TAF DAG ETA-IM-OC-UO-MH

Coercion Taking advantage of Deceit
vulnerability of person 1. (PORTH - THORM) under the pretext of Employment, Training or
as minor or in need of Apprenticeship, but in reality, for purposes of sexual exploitation.
money 2. To Introduce or Match for money, profit, or other consideration for
Use of Force Abduction Abuse of power or purposes of labor or sexual exploitation.
position 3. To Offer or Contract marriage, whether real or simulated for purposes of
Threat Fraud Giving or receiving sexual or labor exploitation.
payment or benefit 4. To Undertake or Organise tours and travel for purposes of utilizing and
offering persons for prostitution, pornography or sexual exploitation.
EXPLOITIVE PURPOSE (SOL) 5. To Maintain or Hire a person to engage in prostitution or pornography

SOL A-AF-OE-AA-LE
Sexual Exploitation Prostitution or pornography
6. To adopt persons by any form of consideration for exploitative
purposes.
7. 7. To adopt or facilitate the adoption of persons for exploitative
purposes [sexual or organ exploitation]
8. 8. PORTH THORM for purposes of organ exploitation.
9. 9. PORTH THORM or adopt a child to engage in armed activities in
the Philippines or abroad.
10. 10. PORTH THORM for purposes for Labor Exploitation.
 The crime committed by the husband (offender) is imputable to his mother
by reason of conspiracy although the conspiracy are not similarly situated in
relation to the object of the crime.
VIOLENCE AGAINST WOMEN AND CHILDREN
REPUBLIC ACT NO. 9262 OFFENDER IN VIOLENCE AGAINST A WOMAN

The victim is a woman with whom the offender has marital, sexual or dating In marital or sexual relationship between the offender and the victim, the
relationship or the child of this woman. former must be person (man or lesbian), while the latter must be a woman.

RELATIONSHIP 1. Man as offender.

 It applies to all kinds of relationship: sexual relationship and
1. Sexual Relationship. dating relationship: live-in partners without the benefit of
 To a single sexual act which may or may not result in the marriage and romantically involved over time and on
bearing of a common child. continuing basis during the course of the relationship
(girlfriend and boyfriend relationship)
2. Dating Relationship.
 It refers to a two situation: 2. Lesbian as offender.
a) Parties live as husband and wife without the benefit of  It applies only to sexual relationship and romantically involved
marriage; and over time and on continuing basis during the course of the
b) Romantically involved over time and on a continuing basis relationship (boyfriend and girlfriend relationship). The reason
during the course of the relationship. why lesbian cannot be considered as offender in live-in
partners without the benefit of marriage it is because women to
CHILD OF THE WOMAN women is a considered a legal impediment in marriage.

A child includes the common child of the offender and the victim, children of On the other hand, lesbian can also be a victim in VAWC by his woman
the victim and children under her care (adopted child). partner because lesbian is still considered as woman.

OFFENDER = MAN/LESBIAN
CONSPIRACY VICTIM = WOMAN

Conspiracy applies only to Psychological Violence. OFFENDER = WOMAN

VICTIM = LESBIAN
CRIMES PUNISHABLE UNDER RA 9262
1. PHYSICAL VIOLENCE
It is committed by a person who shall cause physical harm to the woman,
with whom he has marital, sexual or dating relationship or her child.
It is committed by Causing physical harm, Threating to cause a physical
harm, Attempt to cause physical harm, or Placing the woman or her child in
fear of imminent physical harm. (CTAP)
2. SEXUAL VIOLENCE
It is committed by Causing or Attempting to cause the woman with whom he
has marital, sexual or dating relationship, or her child to engage in any
sexual activity which does not constitute rape, by Force, Threat of force,
through Intimidation or Physical harm (FTIP) directed against the woman or
her child or her immediate family.
3. ECONOMIC VIOLENCE
It is committed by a person who, with the purpose or effect of controlling or
restricting the movement or conduct of the woman or her child shall:
a) Deprive or threaten to deprive the victim of financial support
legally due her or her family, or deliberately proving her children
insufficient financial support; or
b) Prevent the woman in engaging in any legitimate profession,
occupation, business or activity or controlling the victim's own
money or properties, or solely controlling the conjugal or common
money, or properties.
Deprivation of financial support per se may constitute economic violence
against woman.
Deprivation of financial support is only punishable as economic violence
against woman if the woman is entitled under the law for support. Hence,
one, who failed to provide financial support to his girlfriend, is not liable for
economic violence against woman because the latter is not entitled to be
supported under the law. (2nd Paragraph)
4. PSYCHOLOGICAL VIOLENCE
It includes an act made to control the woman or her child or act that caused
substantial emotional or psychological distress; or emotional mental
anguish to the woman.
I. Controlling the woman or her child.
a) Compel or attempt to compel a woman to:
I. Engage in conduct which she/he has the right to desist;
II. Desist in conduct which she/he has the right to engage in.
b) Restrict or attempt to restrict the victim's freedom to move
or conduct by Force, Threat of force, Intimidation or Physical
harm (FTIP) directed against the victim.
Any actions, which the purpose or effect is to control or restrict the
movement or conduct of the victim is a violation thereto.
II. Substantial Emotional or Psychological Distress
The following act that alarm or cause substantial emotion or psychological
distress to the victim is psychological violence: SPEED
 a) Stalking or following the victim to public or private place.
b) Peering in the window or lingering outside the residence of the
victim.
c) Entering or remaining in the dwelling of the victim against her/his
will.
d) Engaging in any form of harassment or violence. [Blackmail is a
form of harassment.]
e) Destroying the property and personal property belonging to the
victim or inflicting harm to animals or pets of the victim.
III. Emotional or Mental Anguish
It is committed by any person who causes emotional or mental anguish,
public ridicule or humiliation to the victim.
It can be repeated verbally abuse, denial of financial support, custody or
access to her child, or any other acts [physical violence].
Psychological Violence = Cause
Emotional or Mental Anguish = Effect
To establish psychological violence as an element of the crime, it is
necessary to show proof of commission of any of the acts enumerated in
Section 5 (i) or similar such acts. To establish mental or emotional anguish,
it is necessary to present the testimony of the victim as such experiences the
personal to this party.
Physical and Psychological Violence
In Dinamling v. People, it was stated that it is not necessary to prove the
actual physical violence done by the perpetrator as an essential element of
the psychological violence under Seciton 5 (i).
Exception, when the physical violence done by the accused caused mental
and emotional suffering, such acts of physical violence must be proven as an
element of violation of Section 5 (i).
Physical violence against woman is punishable under Section 5 (a). However,
if physical violence caused mental or emotional anguish to the victim, the
offender may be prosecuted for psychological violence against woman under
Section 5 (i). Physical violence will be considered as an element of
psychological violence.
Economic and Psychological Violence
Deprivation of financial support is punishable as economic violence against
woman under Section 5 (e). However, if the deprivation of financial support
caused mental or emotional anguish to the offended woman, the offender
may be prosecuted for psychological violence against woman under Section
5 (i). Economic violence will be considered as an element of psychological
violence.
Concubinage and Bigamy
Concubinage and Bigamy are punishable under the RPC. However, if
concubinage or bigamy caused mental or emotional anguish to the offended
wife, the offending husband may be prosecuted for psychological violence
against woman. In AAA v. BBB, G.R. No. 212448, the accused was
prosecuted for psychological violence against woman under Section 5 (i) for
having an illicit affair with a Singaporean that causes mental or emotional
anguish to his wife.
In this case, habituality is not an element of the crime. Section 3(a) of RA
9262 punishes "any act or series of acts" that constitute violence against
women. Hence, even a single act of violence is enough to be a ground to file
a complaint.
conduct which the victim has the right to desist or
desist from the conduct or right to engage in.
QUALIFYING CIRCUMSTANCES:
Further, restricting or attempting to restrict the
freedom of movement or conduct by Force, threat of
1. Violence committed while the woman or child is pregnant. force, intimidation or physical harm.
2. Violence against the woman committed in the presence of her child.

However, committing a violence against the child in the presence of the

woman is not an aggravating circumstance. Inflicting or threatening to inflicting physical harm
f Arresto mayor
for purposes
PRESCRIPTIVE PERIOD

1. Acts falling under Sections 5 (a) to (f) shall prescribed in twenty (20)
years.
2. Acts falling under the Sections 5 (g) to (i) shall prescribe in ten (10)
years.
Causing or attempting to cause woman or child to
engage in sexual activities that do not constitute
g Prision mayor
rape, by force, threat of force, intimidation or
physical harm.

PENALTIES
h Substantial emotional or psychological distress
PENALTIES Prision mayor
Causing mental or emotional anguish, public
i
a Causing ridicule or humiliation to the woman or her child

Two degrees lower of

b Threatening
c Attempting to cause
d Placing
e Compelling or attempting to compel to engage in a
the prescribed The reason why RPC governs in cases of VAWC it is because the object of the
period of law is to protect women and children by punishing the offender, whichever
consummated is higher. Imposing a lower penalty to offender, despite the presence of
higher penalty defeats the object of the law.
Arresto mayor
SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors
who are found by the courts to be suffering from battered woman syndrome
Prision correccional do not incur any criminal and civil liability notwithstanding the absence of
any of the elements for justifying circumstances of self-defense under the
Revised Penal Code.

In the determination of the state of mind of the woman who was suffering
from battered woman syndrome at the time of the commission of the crime,
the courts shall be assisted by expert psychiatrists/ psychologists.