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Primer on

Republic Act 9208


as amended by
Republic Act 10364
MESSAGE
My warmest greetings to the Commission on Filipinos
Overseas (CFO) as it publishes its Anti-Trafficking in Persons
Act of 2003 Primer.

For many years, our Overseas Filipino Workers have been


confronted with the ills of human trafficking, dashing their
dreams of a meaningful and fruitful experience working
abroad. I thus laud CFO for implementing mechanisms that
enhance the scope and impact of the Anti-Trafficking in
Persons Act of 2003, an important legislation that prevents
and penalizes the exploitation of our countrymen. As you
disseminate this important document, I call on you to remain
steadfast in your duty to serve and protect our people.

I encourage you to continue supporting this administration


as we uphold the rule of law and advance public welfare.
May this undertaking inspire more innovative and responsive
solutions that will ensure that our citizens, especially women
and children, lead dignified and prosperous lives.

l wish you success in all your endeavors.

RODRIGO ROA DUTERTE

MANILA
November 2019

THE PRESIDENT OF THE PHILIPPINES


MESSAGE
Trafficking in persons is a global menace involving one of the worst forms of violence
against the dignity of persons. Unfortunately, because of its nature as a hidden
crime, information on how it is committed is still not commonly recognized by the
public. Thus, this Primer is very timely and relevant to help the fight in eradicating
human trafficking globally. Information is crucial to help the public better understand
and recognize the indicators of trafficking in persons (TIP). In turn, this will empower
people to report cases they see in their own communities.

The Department of Justice, as the Chair of IACAT, commends the CFO as the lead
agency in the Advocacy and Communications Committee (ADVOCOM) for developing
this comprehensive primer and working around the clock in disseminating information
to the public to be more knowledgeable about human trafficking and ultimately to
prevent them from falling prey in the hands of perpetrators. Of the four pillars of
prevention, protection, prosecution and partnership, under the 4Ps framework to
combat TIP, there is a need to continually invest in the aspect of prevention through
awareness-raising efforts that resonate to the public. The 4Ps framework is designed
to work inter-relatedly and seamlessly with one another, thereby providing a mantle
of protection to our citizens. This manual provides a solid foundation for such effort
by which prevention work can begin and ultimately succeed.

Thank you to all those who have put in remarkable efforts to make this Primer a
“Break All Chains” success. Together, we can put an end to modern slavery and human trafficking.
Christer B. Carandang (Nueva Ecija)
First Place, IACAT Anti- Trafficking Advocacy
Tagline and Logo Design Contest

MENARDO I. GUEVARRA
Secretary, Department of Justice

September 2019
MESSAGE
“Mainit talaga ako dito, I place it in parity with drugs…We shall
intensify our war against human traffickers and illegal recruiters that
prey on our migrant workers.”

- President Rodrigo Roa Duterte, State of the Nation Address 2016

In his first State of the Nation Address in 2016, President Rodrigo Duterte’s
Administration significantly intensified the Philippines’ war against human traffickers
especially those that prey on Filipino migrants. To ensure swift and fair administration
of justice, the President’s policy was further sealed in the 2017 – 2022 Philippine
Development Plan (PDP), which underscored the need to give full protection to
victims of abuse and human trafficking. The PDP provisions further assures that
the Philippine criminal justice system will undertake all necessary measures to
strengthen civil forfeiture and recovery mechanisms, especially in relation to cases
of corruption, illegal drugs, human trafficking, cybercrime, economic sabotage,
terrorism, and other organized transnational crimes.

The Commission on Filipinos Overseas (CFO), as the Chair of the Inter-Agency Council
Against Trafficking - Advocacy and Communications Committee (IACAT-ADVOCOM),
commits to continue its role in spearheading a massive information campaign about
RA 9208 or Anti-Trafficking in Persons Act of 2003 as amended by RA 10364 or
Expanded Anti-Trafficking in Persons Act of 2012 to educate the public about such
heinous acts of deceit and exploitation against our people.

The Primer on RA 9208 as amended is our way to complement the efforts of the
government in its fight against human trafficking. The CFO has also been conducting
an all year round massive information dissemination and campaign on the existence
of the law and the various issues and problems attendant to trafficking. We hope this
“Makialam, Itimbre mo!” information material will be useful to you and your community as we fight to break
this chain of abuse.
Henjul Duarte Glase (Abu Dhabi, UAE)
Second Place, IACAT Anti-Trafficking Advocacy Patuloy nating labanan ang salot na dala ng human trafficking!
Tagline and Logo Design Contest

JUSTICE FRANCISCO P. ACOSTA (Ret)


Secretary and Chairperson, Commission on Filipinos Overseas
Chairperson, IACAT-ADVOCOM

September 2019
CONTENTS
p. 1 What is the Republic Act 9208 as amended by
the Republic Act 10364?
p. 2 What is the Inter-Agency Council Against Trafficking (IACAT)?
p. 4 What is Trafficking in Persons?
p. 8 How is Trafficking in Persons different from
Illegal Recruitment and Human Smuggling?
p. 9 What are the three (3) categories of Trafficking in Persons?
p. 21 When is trafficking considered a large scale or
committed by a syndicate?
p. 21 Where to report incidence of Trafficking in Persons?
p. 22 Who can file cases for Trafficking in Persons?
p. 23 Where to file cases of Trafficking in Persons?
p. 24 What is the prescriptive period for filing of cases?
p. 24 Does the law provide extra-territorial jurisdiction on
acts committed outside the Philippines?
p.25 What are the penalties for violations of R.A. 9208
as amended by R.A. 10364?
p. 26 What happens to the fines, proceeds and properties
derived from trafficking in persons?
p. 27 What are the mandatory services available for trafficked
persons under R.A. 9208 as amended by R.A. 10364?
p. 27 What protection mechanisms are available for
“Human. Hindi Laruan.” trafficked persons?
John A. Bermejo (Caloocan City) p. 32 Are foreign nationals trafficked in the Philippines entitled to
Third Place, IACAT Anti- Trafficking Advocacy the assistance and services available for trafficked persons?
Tagline and Logo Design Contest p. 32 What protection is given to service providers?
p. 33 What programs are established for the prevention
of trafficking?
p. 37 Other Programs that Address Trafficking in Persons
p. 42 Some Facts and Figures on Human Trafficking
p. 44 IACAT Members’ Directory
What is the Republic Act
9208 as amended by the
Republic Act 10364?

The Republic Act (RA) 9208, also


known as the Anti-Trafficking in
Persons Act of 2003, institutes policies
to eliminate trafficking in persons
especially women and children. It
establishes the necessary institutional
mechanisms to protect and support
trafficked persons and provides
penalties for the violations. In 2012,
RA 9208 was amended through RA
10364 or the Expanded Anti-Trafficking
“Huwag Ipangalakal ang Dangal” in Persons Act of 2012.
Mr. Fernando Marcos (Manila)
Special Prize, CFO Anti-Mail Order Bride
Poster Making Contest

1
What is Inter-Agency Council •

Department of Justice (DOJ), Chair;
Department of Social Welfare and
Against Trafficking? •
Development (DSWD), Co-Chair;
Bureau of Immigration (BI);
• Commission on Filipinos Overseas (CFO);
RA 9208, as amended by RA 10364, established the • Department of Foreign Affairs (DFA);
Inter-Agency Council Against Trafficking (IACAT), • Department of the Interior and Local Government (DILG);
which shall be primarily responsible for coordinating, • Department of Labor and Employment (DOLE);
• Philippine Center for Transnational Crimes (PCTC);
monitoring, and overseeing the implementation of • Philippine Commission on Women (PCW);
the Anti-Trafficking in Persons Act. • Philippine National Police (PNP);
• Philippine Overseas Employment Administration (POEA);
• Three (3) representatives from non-government
It is composed of the following member-agencies organizations (NGOs) who shall be composed of one
represented by their heads: (1) representative from sectors representing women,
overseas Filipino workers (OFWs), and children. These
representatives are nominated by member-agency
representatives of the IACAT, for appointment by the
president for a term of three (3) years.

2
IACAT 3
Acts:
It involves 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;

Means:
It is committed by use of threat, force, or
other forms of coercion, abduction, fraud,
deception, abuse of power or position, 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; and

Purpose:
It is done for the purpose of exploitation
or prostitution of others or other forms of
sexual exploitation, forced labor or services,
slavery, involuntary servitude, or the removal
or sale of organs.
What is Trafficking in Persons?

Trafficking in persons is an illegal act and is considered a Each of these elements must be present and linked to each
violation of human rights and inimical to human dignity and other: the act/s must be achieved by one of the means and
national development. both must be linked to achieving the exploitative purpose. If
one of the three (3) elements is absent, then the situation may
There are three (3) interrelated and interdependent not involve trafficking in persons, except if it involves trafficking
elements that must be present for a situation to be of a child. The recruitment, transportation, transfer, harboring,
considered within the purview of RA 9208 as amended by adoption, or receipt of a child for the purpose of exploitation or
RA 10364. when the adoption is induced by any form of consideration for
exploitative purposes shall also be considered as trafficking in
These elements are: act/s, means, and exploitative purpose. persons even if it does not involve any of the means mentioned.

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What is forced labor? What is involuntary servitude?
Forced labor is the Involuntary servitude
extraction of work or refers to a condition of
services from any person enforced and compulsory
by means of enticement, service induced by means
violence, intimidation or of any scheme, plan, or
threat, or use of force pattern intended to cause
or coercion including a person to believe that if
deprivation of freedom, he or she does not enter
abuse of authority or into or continue to be in
moral ascendancy, debt such condition, he or she
bondage, or deception or another person would
including any work or suffer serious harm or other
service extracted from any forms of abuse or physical
person under the menace restraint, threats of abuse
of penalty. or harm, coercion including
depriving access to travel
documents and withholding
salaries, or the abuse or
threatened abuse of the
legal process.

What is debt bondage?


Debt bondage refers to the pledging by the debtor of his/
her personal services or labor or those of a person under
What is slavery?
his/her control as security or payment for a debt when the Slavery is the status or condition of a person over
length and nature of services is not clearly defined or when whom any or all of the powers attaching to the
the value of the services as reasonably assessed is not right of ownership are exercised.
applied toward the liquidation of the debt.

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How is Trafficking in Persons What are the three (3) categories
different from Illegal Recruitment of Trafficking in Persons?
and Human Smuggling?
Trafficking in Human The three (3) categories of trafficking in persons and its
Illegal Recruitment
Persons Smuggling punishable acts are:
Usually does not
May or may
involve coercion
not involve Usually does
but uses more
MEANS coercion, fraud,
deception,
not involve 1. Acts of Trafficking in Persons
deception, abuse coercion
promises, and
of vulnerability, etc.
fraud
• To recruit, obtain, hire, provide, offer, transport,
Characterized by transfer, maintain, harbor, or receive a person
facilitating entry
Characterized of one person by any means, including those done under the
Characterized
by subsequent from one country
by facilitating, pretext of domestic or overseas employment,
exploitation after to another through
ENTRY OF A the illegal entry an unlicensed
for a fee, the training, or apprenticeship, for the purpose of
illegal entry
PERSON of one person agency, licensed
of a person
prostitution, pornography, or sexual exploitation;
from one place agency recruiting
into a foreign
to another or one without job order,
country
country to another or unauthorized
representative of a
licensed agency
There is a need Proof of
to prove the Mere recruitment illegal entry
presence of without license by none
PURPOSE OF exploitation or that is punishable, no compliance
EXPLOITATION the recruitment need to prove the with the
was facilitated for consequential necessary
the purpose of exploitation requirements
exploitation for travel

HUMAN
Considered
RIGHTS OR Considered a Considered a
a migration
MIGRATION human rights issue migration issue
issue • To introduce or match for money, profit, or material,
ISSUE
economic or other consideration any person or, as

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provided for under RA 6955, any Filipino woman • To maintain or hire a person to engage in prostitution
to a foreign national for marriage for the purpose or pornography;
of acquiring, buying, offering, selling, or trading
her to engage in prostitution, pornography, sexual • To adopt persons by any form of consideration
exploitation, forced labor, slavery, involuntary for exploitative purposes or to facilitate the same
servitude, or debt bondage; for purposes of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary
servitude, or debt bondage;

• To adopt or facilitate the adoption of persons for


the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary
servitude, or debt bondage;

• 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;

• 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;

• 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;

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• To recruit, transport, obtain, transfer, harbor, including, but not limited to the act of buying and/or
maintain, offer, hire, provide, receive, or adopt a selling a child for any consideration or for barter for
child to engage in armed activities in the Philippines purposes of exploitation. Trafficking for purposes of
or abroad; exploitation of children shall include:

• To recruit, transport, transfer, harbor, obtain, a. All forms of slavery or practices similar to slavery,
maintain, offer, hire, provide, or receive a person by involuntary servitude, debt bondage, and forced
means mentioned in the preceding paragraph for labor, including recruitment of children for use in
purposes of forced labor, slavery, debt bondage, and armed conflict;
involuntary servitude, including a scheme, plan, or b. The use, procuring, or offering of a child for
pattern intended to cause the person either: prostitution, production of pornography, or
pornographic performances;
a. To believe that if the person did not perform such c. The use, procuring, or offering of a child for
labor or services, he or she or another person production and trafficking of drugs; and
would suffer serious harm or physical restraint; or d. The use, procuring, or offering of a child for illegal
b. To abuse or threaten the use of law or legal activities or work which, by its nature or the
processes; circumstances in which it is carried out, is likely to
harm their health, safety, or morals; and
• To recruit, transport, harbor, obtain, transfer,
maintain, hire, offer, provide, adopt, or receive a • To organize or direct other persons to commit the
child for purposes of exploitation or trading them, offenses defined as acts of trafficking.
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RA 10364 expanded the coverage of Acts of Trafficking in
Persons:

• Attempted Trafficking in Persons – when 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. As such,
an attempt to commit any of the offenses mentioned
in the preceding paragraphs shall constitute
attempted trafficking in persons.
Development or a written permission from the
child’s parent or legal guardian;
If the victim is a child, any of the following acts shall be b. Executing, for a consideration, an affidavit of
deemed as attempted trafficking in persons: consent or a written consent for adoption;
c. Recruiting a woman to bear a child for the purpose
a. Facilitating the travel of a child who travels alone of selling the child;
to a foreign country or territory without valid d. Simulating a birth for the purpose of selling a child;
reason and without the required clearance or and
permit from the Department of Social Welfare and e. Soliciting a child and acquiring the custody
through any means from among hospitals, clinics,
nurseries, day care centers, refugee or evacuation
centers, and low-income families for the purpose
of selling the child.

• Accomplice – knowingly aids, abets, and cooperates


in the execution of the offense by previous or
simultaneous acts of trafficking.

• Accessory – whoever has the knowledge of the


commission of the crime, and without having
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participated therein, either as principal or accomplice, • To produce, print, issue, or distribute unissued,
take part in its commission in any of the following tampered, or fake counseling certificates, registration
manners: stickers, overseas employment certificates, or other
certificates of any government agency which issues
a. Profiting themselves or assisting the offender to these certificates, decals, and such other markers
profit by the effects of the crime; as proof of compliance with government regulatory
b. Concealing or destroying the body of the crime, and pre-departure requirements for the purpose of
effects, or instruments in order to prevent its promoting trafficking in persons;
discovery; and
c. 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.

2. Acts that Promote Trafficking in Persons

• To knowingly lease or sublease, use or allow to use


any house, building, or establishment for the purpose
of promoting trafficking in persons;

• 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;

• To assist in the conduct of misrepresentation or


fraud for purposes of facilitating the acquisition
of clearances and necessary exit documents from

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government agencies that are mandated to provide
pre-departure registration and services for departing
persons for the purpose of promoting trafficking in
persons;

• 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;

• 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 travel, immigration, or working permit or document,
seeking redress from the government or appropriate or any other actual or purported government
agencies; identification of any person in order to prevent or
restrict, or attempt to prevent or restrict, without
• To knowingly benefit from, financial or otherwise, or lawful authority, the person’s liberty to move or
make use of the labor or services of a person held to travel in order to maintain the labor or services of
a condition of involuntary servitude, forced labor, or that person; and
slavery;
• To utilize his or her office to impede the investigation,
• To tamper with, destroy, or cause the destruction prosecution, or execution of lawful orders in a case.
of evidence, or influence or attempt to influence
witnesses in an investigation or prosecution of a case;
3. Qualified Trafficking in Persons
• To destroy, conceal, remove, confiscate, or possess,
or attempt to destroy, conceal, remove, confiscate, • When the trafficked person is a child or below 18
or possess any actual or purported passport or other years old;

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• When adoption is effected through RA 8043 otherwise • When the offender directs, or through another,
known as Inter-Country Adoption Act of 1995 and manages the trafficking victim in carrying out the
said adoption is for the purpose of prostitution, exploitative purpose of trafficking.
pornography, sexual exploitation, forced labor,
slavery, involuntary servitude, or debt bondage;
When is trafficking considered a large scale or committed
• When the crime is committed in large scale or by a by a syndicate?
syndicate;
Trafficking is deemed committed by a syndicate if carried
• When the offender is a spouse, an ascendant, parent, out by a group of three (3) or more persons conspiring
sibling, guardian, or a person who exercises authority or confederating with one another. It is deemed large
over the trafficked person or when the offense is scale if committed against three (3) or more persons,
committed by a public officer or employee; individually or as a group.

• When the trafficked person is recruited to engage in


prostitution with any member of the military or law Where to report incidence of Trafficking in Persons?
enforcement agencies;
Any person who has the personal knowledge on the
• When the offender is a member of the military or law trafficking incidence can immediately report to any of the
enforcement agencies; following:

• When by reason or on occasion of the act of • Barangay authorities;


trafficking in persons, the offended party dies, • Nearest police or other law enforcement agencies;
becomes insane, suffers mutilation, or is afflicted with • Local social welfare and development office;
human immunodeficiency virus (HIV) or acquired • Any member agencies of the Inter-Agency Council
immunodeficiency syndrome (AIDS); Against Trafficking (IACAT);
• Local anti-trafficking committee or task force;
• When the offender commits one or more violations • Local council for the protection of children; or
over a period of sixty (60) or more days, whether • 1343 Actionline against Human Trafficking.
those days are continuous or not; and

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International trafficking in persons can be reported to the • Parents or legal guardians;
following: • Spouse;
• Siblings; or
• Philippine Embassy/Consulate which has jurisdiction • Children.
over the place where the trafficking occurred or
where the trafficked person is or may be found;
• All officers, representatives, and personnel of the Where to file cases of Trafficking in Persons?
Philippine government posted abroad under the
leadership of the Ambassador or the head of mission; Complaints for violation of RA 9208 as amended by
or RA 10364 for the purpose of inquest or preliminary
• Office of the Undersecretary for Migrant Workers investigation may be filed with the following:
Affairs (OUMWA) of the Department of Foreign
Affairs (DFA). • Department of Justice-National Prosecution Service,
or
Law enforcement agencies are mandated to immediately • Provincial/City Prosecution Office
initiate investigation and counter-trafficking intelligence
gathering upon receipt of statements or affidavits from a. where the offense was committed;
victims of trafficking, migrant workers, or their families b. where any of the elements of the offense occurred;
who are in possession of knowledge or information or
about trafficking in persons cases. c. where the trafficked person resides at the time of
the commission of the crime.

Who can file cases for trafficking in persons? Cases involving trafficking in persons should not be
dismissed based on the affidavit of desistance executed by
The following persons may file cases of trafficking in the victims, their parents, or legal guardians. Prosecutors
persons: are directed to oppose and manifest objections to
motions for dismissal.
• Any person, including a law enforcement officer,
who has personal knowledge of the commission of The Philippine Embassy or Consulate shall extend all
the offense; possible assistance to a victim of trafficking who wishes
• The trafficked person or the offended party; or opts to file the case in the host country or in the

22 23
country where he/she is found and where the laws of the What are the penalties for violations of RA 9208 as
country allows the prosecution of a trafficking offense or amended by RA 10364?
a related or similar offense.

What is the prescriptive period for filing of cases?


Act Penalty
20 years imprisonment and a fine
Acts of Trafficking
Trafficking cases can be filed within 10 years after they of P 1 Million to P 2 Million
are committed. If trafficking is committed by a syndicate Attempted 15 years imprisonment and a fine
or on a large scale or against a child, cases can be filed Trafficking of P 500,000 to P 1 Million
within 20 years after the commission of the act. Accomplice 15 years imprisonment and a fine
Liability of P 500,000 to P 1 Million
The prescriptive period is counted from the day the 15 years imprisonment and a fine
Accessories
trafficked person is delivered or released from the of P 500,000 to P 1 Million
conditions of bondage. Acts that Promote 15 years imprisonment and a fine
Trafficking of P 500,000 to P 1 Million
Qualified Life imprisonment and a fine of P 2
Does the law provide extra-territorial jurisdiction on Trafficking Million to P 5 Million
acts committed outside the Philippines? Violation of Six (6) years imprisonment and a
Confidentiality fine of P 500,000 to P 1 Million
The State shall exercise jurisdiction over trafficking acts Prision Correccional or
committed outside the Philippines and whether or not Use of Trafficked imprisonment of 6 months and 1
such act or acts constitute an offense at the place of Person day to 6 years and
commission, the crime being a continuing offense, having P 50,000 to P 100,000 fine
been commenced in the Philippines, and other elements If involves sexual intercourse or
committed in another country. lascivious conduct with a child:

-Imprisonment of Reclusion
Temporal in its medium period to
Reclusion Perpetua and P 500,000
to P 1 million fine

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If involves carnal knowledge of or What are the mandatory services available for trafficked
sexual intercourse with a male or persons under R.A. 9208 as amended by R.A. 10364?
female trafficking victim and use
of force or intimidation against a The following services are available for trafficked persons
victim deprived of reason or an to ensure their recovery, rehabilitation, and reintegration
unconscious victim, or a victim into the mainstream of society:
under 12 years of age:

-Reclusion Perpetua or • Temporary housing and food facilities;


imprisonment of 20 years and 1 • Psychological support and counseling;
day to 40 years and P 1 million to P • Free legal services;
5 million fine • Medical or psychological services;
If committed by a foreigner: • Livelihood and skills training;
• Educational assistance to a trafficked child; and
-Deportation and permanently • 24-hour call center for crisis calls and technology-
barred for entry
based counseling and referral system.
If committed by Public Official:

-Dismissal from service, perpetual


absolute disqualification, and What protection mechanisms are available to trafficked
imprisonment persons?

Legal Protection
What happens to the fines, proceeds, and properties
derived from trafficking in persons? The law provides legal protection to victims of human
trafficking. Trafficked persons are recognized as victims
All fines imposed and proceeds and properties forfeited and shall not be penalized for crimes directly related
and confiscated pursuant to RA 9208 as amended shall to the acts of trafficking or in obedience to the order
accrue to a trust fund to be administered and managed by made by the trafficker. The consent of the victim to the
the Inter-Agency Council Against Trafficking. These shall intended exploitation is irrelevant.
be used exclusively for programs that will prevent acts of
trafficking and will protect, rehabilitate, and reintegrate The past sexual behavior or sexual predisposition of
trafficked persons into the mainstream of society. a trafficked person shall be considered inadmissible

26 27
evidence in proving the consent of the victim to engage assistance to the rescued trafficked persons and shall be
in sexual behavior or the predisposition, sexual or responsible for their appearance during investigation and
otherwise, of a trafficked person. court hearings in coordination with the law enforcement
agencies.

Free Legal Assistance


Right to Privacy and Confidentiality
Trafficked persons shall be provided with free legal
services which shall include information about the victims’ Law enforcement officers, prosecutors, judges, court
rights, procedure for filing complaints and claiming personnel, social workers, and medical practitioners,
compensation, and such other legal remedies available to as well as parties to the case, shall protect the right
them in a language understood by the trafficked person. to privacy of the trafficked person at any stage of the
investigation, rescue, prosecution, and trial. The name
For victims of international trafficking, DFA shall provide and personal circumstances of the trafficked person or
free legal counsel and assistance in pursuing action against any other information tending to establish the identity
his or her traffickers, represent his or her interests in any of the trafficked person and his or her family shall not be
criminal investigation or prosecution, and assist in the disclosed to the public.
application for social benefits and/or regular immigration
status as may be allowed by the host country. Frontline officers and other service providers shall be
trained on the importance of maintaining confidentiality
as a means to protect the right to privacy of victims and
Temporary Custody to encourage them to file complaints.

Rescue of victims should be done as much as possible


with the assistance of DSWD or an accredited non- Right to Information
government organization. After the rescue, victims
should also be placed in the temporary custody of Trafficked persons shall be immediately provided
the local social welfare and development office or any information about their rights nature of protection, and
accredited or licensed shelter institution. available assistance and support. Such information shall
be provided in a language that the trafficked persons
These service providers shall provide the necessary understand.

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When the trafficked person is a child, the interviews, The benefits of the program may include security
examination, and other forms of investigation shall be protection, immunity from criminal prosecution, secured
conducted by specially trained professionals in a suitable housing facility, assistance in obtaining a means of
environment and in a language that the child uses and livelihood, travel expenses and subsistence allowance
understands. while acting as a witness, free medical treatment,
burial benefits, free education for the minor dependent
children, and/or non-removal or demotion at work and
Witness Protection Program payment of full salary or wage while acting as witness.

Under Section 18 of RA 10364, trafficked victims are


entitled to the Witness Protection and Benefits Program Victim Compensation Program
established under RA 6981.
Established by RA 7309, the Victim Compensation
Trafficked persons who will testify, are testifying or about Program provides compensation to victims of unjust
to testify before any judicial or quasi-judicial body, or any imprisonment or detention and violent crimes. The
investigating authority, may be admitted to the program Board of Claims under DOJ is created under the said law
under the following circumstances: to evaluate and process claims application.

• The testimony will be used in a trafficking in persons More often than not, a trafficked person is also a victim
case or a criminal offense related thereto; of a violent crime which may cause physical injuries
• The testimony can be substantially corroborated on and/or psychological damage, permanent incapacity or
its material points; and disability, insanity, abortion, and serious trauma, or is
• The trafficked person or any member of the family committed with torture, cruelty, or barbarity. Thus, a
is subjected to threats or injury or there is likelihood trafficked person who suffered any of these conditions
that he/she will be killed, forced, intimated, harassed, is entitled to the benefits of the program. The trafficked
or corrupted to prevent him/her from testifying. person or his/her family may file a claim with the
secretariat of the Board of Claims at the DOJ or the Office
To avail of the program, the trafficked person or person of the Regional State Prosecutor.
acting in his/her behalf may file an application at the
Secretariat of the Witness Protection Security and
Benefit Program of the DOJ.

30 31
Are foreign nationals trafficked in the Philippines What programs are established for the prevention of
entitled to the assistance and services available for trafficking?
trafficked persons?

Victims of trafficking in persons who are foreign nationals Advocacy and Communications Committee
are entitled to appropriate protection, assistance, and
services available under the Act. They shall also be In December 2010, CFO became an ex-officio member
permitted continued presence in the Philippines for a of IACAT and was delegated to head the Advocacy and
length of time prescribed by the council as necessary to Communications Committee (ADVOCOM) because of its
effect the prosecution of offenders. experience in handling the Presidential Task Force Against
Human Trafficking (TFHT). CFO-TFHT implemented
its anti-trafficking programs from March 2007 to
What protection is given to service providers? March 2010, covering the four (4) areas of prevention,
protection, prosecution, and reintegration.
Law enforcement officers and social workers or
persons acting in compliance with a lawful order from The creation of IACAT-ADVOCOM is in line with one of the
the previously mentioned service providers may have functions of IACAT as stipulated in Section 21 (e) of RA
immunity from suit for lawful acts done or statements 9208, as amended, which is to coordinate the conduct of
made during an authorized rescue operation, recovery massive information dissemination and campaign on the
or rehabilitation/intervention or investigation or existence of the law and the various issues and problems
prosecution of an anti-trafficking case. Provided, such
acts shall have been made in good faith.

Service providers shall report any threat, harassment,


or any form of danger that they may encounter in the
course of the performance of duties to their superiors,
law enforcement agencies, and other appropriate units.
Agency heads shall take all possible measures to ensure
protection for job-related stress and safety of service
providers in the performance of their duties.

32 33
attendant on trafficking through local government units, 4. Implement activities that will promote advocacy on
concerned agencies, and NGOs. Rule VIII, Article II, Section anti-trafficking and visibility of IACAT and ADVOCOM.
132 of the Revised Implementing Rules and Regulations
of RA 9208, as amended, also stipulates that ADVOCOM
shall be primarily responsible for the development and 1343 Actionline against Human Trafficking
implementation of IACAT’s communication program
and conduct of research and study on the patterns and To make the government services more accessible to
schemes of trafficking in persons for policy formulation the public, IACAT, through its ADVOCOM, launched 1343
and program direction. Actionline against Human Trafficking on 15 March 2011.
It is a 24/7 hotline facility that responds to emergency
Among its strategies is to engage and mobilize various or crisis calls from victims of human trafficking and
stakeholders and target groups such as the national their families. The 1343 Actionline likewise provides a
and local government agencies, civil society groups, venue for the public to be engaged in the fight against
media institutions, international organizations, foreign trafficking in persons. Its creation is also in line with the
government agencies, migrant associations, and other core message of IACAT, which is Laban Kontra Human
non-government organizations. Trafficking, Laban Nating Lahat!

Specifically, IACAT-ADVOCOM aims to:

1. Implement a comprehensive advocacy and


communications strategies that will help in the
elimination of human trafficking incidences and
promotion of government services to trafficking
survivors;
2. Develop multimedia campaign and publication
materials that will create awareness about human
trafficking issues and concerns, and promote the Specifically, 1343 Actionline aims to:
services available to its survivors;
3. Conduct trainings for specific audiences to foster 1. Receive and respond to requests for assistance,
participation on anti-trafficking advocacies; and inquiries, and referrals from victims including their

34 35
families and the public on matters related to cases
of human trafficking regardless if the crime was
committed locally or internationally; and
2. Systematize the referral of cases to appropriate
government agencies or non-government
organizations as immediately as possible.

The 1343 Actionline can be reached from any point in


Metro Manila and from the provinces using the Manila
area code 02. Aside from accessing it through a local
can be accessed through the official web page of 1343
telephone line, 1343 Actionline has expanded its services
Actionline against Human Trafficking or its direct link,
to provide the following modes of reporting:
http://onlinelegalcounseling.1343actionline.ph. Once
accessed, the public has the options to avail of the
1. Website reporting – www.1343actionline.ph
live chat or send a message to the partner lawyers. All
2. E-mail – 1343actionline@cfo.gov.ph
information received through chatting or e-mails will be
3. Social media – facebook.com/1343Actionline
held with utmost confidentiality.

Online Legal Counseling


Other Programs that Address Trafficking in Persons
Another initiative of ADVOCOM is the creation of
a technology-based legal counseling for the public Implementing
Programs
who have concerns on trafficking in persons, illegal Agencies
recruitment, and other related acts.
Prosecution
Itanong Mo Kay Ato! is a web application that aims to Prosecution of trafficking cases DOJ, POEA, LGUs
provide free online legal counseling. It is an effort to Complaints, investigation, and
PNP, NBI, BI, CHR
directly provide online legal opinion and a means to apprehension system
further reach out to Filipinos who cannot afford legal DOJ, DOLE,
consultation. It is an avenue to further reinforce the fight Monitoring and documentation of
OWWA, LGUs,
trafficking cases
against trafficking in persons. The said web application CFO

36 37
Training of special prosecutors PREVENTION AND PARTNERSHIPS
who are handling and prosecuting DOJ
trafficking cases Bilateral, regional, and international
DFA, PCW, CFO,
Establishment of database for law DILG, LGUs, initiatives and arrangements
CHR, BI
enforcement and prosecution efforts POEA, PCTC against trafficking
Financial investigation of trafficking in Prevention and detection of trafficking
persons cases as a predicate offense AMLC with transnational crime dimensions
PCTC, NBI
of money laundering and coordination with international law
enforcement agencies
Issuance of freeze orders and institution
of civil forfeiture proceedings against the AMLC Efficient implementation of passporting
assets of the traffickers system to protect the integrity of DFA
Philippine passports
Effects the cancellation of licenses of
establishments that violate the LGUs Strict administration and enforcement of
BI, DOJ
provisions of RA 9208 immigration and alien administration laws
PROTECTION Pre-marriage, on-site, and pre-departure
CFO, DFA
counseling program on intermarriages
Reintegration and rehabilitation programs DSWD, OWWA,
resulting in gender responsive and anti- CHED, DepEd, Strict implementation and compliance
trafficking oriented activities TESDA with the rules and guidelines of local and DOLE
overseas employment
Provision of employment facilitation and
livelihood opportunities DOLE Blacklisting of recruitment agencies and
POEA
to trafficking survivors illegal recruiters
Repatriation of trafficked persons Monitoring of trafficking related activities
DFA, DOLE, DoST
regardless of whether they are on the internet
OWWA
documented or undocumented Integration of topics on migration and
trafficking in elementary and secondary DepEd
Counseling and temporary shelter DSWD, OWWA
education curricula
Medical and psycho-social services DOH, DSWD
Comprehensive community education, POEA, OWWA,
advocacy, and information campaign DILG, LGUs, CHR,
programs on trafficking CFO, PIA, DSWD

38 39
Enhancement of public awareness on DepEd – Department of Education
PIA DFA – Department of Foreign Affairs
trafficking in persons
DILG – Department of the Interior and
Integration of anti-trafficking efforts
in the barangay level and monitoring Local Government
CHR DOH – Department of Health
government compliance with
international human rights treaties DOJ – Department of Justice
DOLE – Department of Labor and Employment
Advocating the inclusion of the issue of
trafficking in persons on both its local and PCW DoST – Department of Science and Technology
international advocacy for women’s issues DOT – Department of Tourism
DOTr – Department of Transportation
Addressing issues on trafficking of
DSWD – Department of Social Welfare
children through policy and program CWC
interventions
and Development
LGUs – Local Government Units
Strict implementation of the rules and NBI – National Bureau of Investigation
DOH
regulations governing organ trafficking
OWWA – Overseas Workers Welfare Administration
Formulation and implementation of PCTC – Philippine Center on Transnational Crime
preventive measures to stop sex tourism PCW – Philippine Commission on Women
packages and other activities of tourism DOT PIA – Philippine Information Agency
establishments that contribute to PNP – Philippine National Police
trafficking in persons
POEA – Philippine Overseas Employment
Standardizing guidelines for monitoring Administration
DOTr
trafficking in persons in every port TESDA – Technical Education and Skills
Development Authority

AMLC – Anti-Money Laundering Council


BI – Bureau of Immigration
CFO – Commission on Filipinos Overseas
CHED – Commission on Higher Education
CHR – Commission on Human Rights
CWC – Council for the Welfare of Children

40 41
F a cts on Human Trafficking
Someand Fig ures
• Global Slavery Index 2018 estimates that there are 40.3 that meets the minimum standards of the Trafficking
million people, 71% are women and girls living in modern Victims Protection Act (TVPA) of the US.
slavery in 167 countries. Of this number, 24.9 million
are victims of forced labor and 15.4 million are living in • The Philippines is identified as a source, transit, and
forced marriages. The same report also estimated that destination country for men, women, and children
there are 784,000 Filipinos living in modern slavery. trafficked for the purposes of sexual exploitation and
forced labor.
• Global Estimates of Modern Slavery 2017 further
reported that there were 5.9 adult victims of modern • In 2015, UNICEF Philippines conducted the National
slavery for every 1,000 adults in the world and 4.4 child Baseline Study on Violence Against Children in
victims for every 1,000 children in the world. the Philippines which reported that online sexual
exploitation of children is a threat in the country. The
• According to a report from the International Labor Philippines is recognized as one of the top ten countries
Organization (ILO) in 2014, human traffickers earn USD producing pornographic materials on children globally.
150 billion annually. Two-thirds of the amount or USD 99
billion came from commercial sexual exploitation, while • From March 2011 to December 2019, 1343 Actionline
USD 51 billion came from forced economic exploitation against Human Trafficking received 43,221 calls. Out of
including construction, manufacturing, mining, these calls, 649 actual case reports involving 588 victims
agriculture, and domestic work. were gathered. The case calls made to Actionline have
been instrumental in the convictions of a child trafficker
• In the 2019 Trafficking in Persons Report, Philippines is in 2017 and 2018.
classified as a Tier 1 country by the US Department of
State in terms of efforts to combat human trafficking. Tier • As of December 2019, the Philippines has convicted 529
1 is the highest rank but it does not mean that trafficking trafficking offenders from 528 human trafficking cases.
does not exist in the country. The ranking indicates that
a government has made efforts to address the problem

42 43
IACAT Members’ Directory 721-0619
Email: info@poea.gov.ph
St., Pasay City
Tel: 833-9562/833-9568
Website: www.poea.gov.ph Email: info@blasoplecenter.com
Website: www.blasoplecenter.com
Bureau of Immigration (BI)
Magallanes Drive, Intramuros, Coalition Against Trafficking of
Manila Women-Asia-Pacific (CATW-AP)
Department of Justice (DOJ) Department of Labor and Tel: 465-2400 Unit 203, Tempus Place, 21
Inter-Agency Council Against Employment (DOLE) Website: www.immiration.gov.ph Matalino St., Central District,
Trafficking (IACAT) Muralla Wing corner General Quezon City
7th Floor JDC Building, Engracia- Luna St., Intramuros, Manila Philippine National Police (PNP) Telefax: 434-2149
Reyes St., Ermita, Manila, 1000 DOLE Hotline: 1349 Women and Children Protection Email: catw-ap@catw-ap.org.ph
Metro Manila Website: www.dole.gov.ph Center (WCPC) Website: www.catw-ap.org.ph
Tel: 525-2131/527-2363 Camp Crame, Quezon City
Email: contactus.iacat@gmail. Department of the Interior and WCPC Hotline: 0919-777-7377 International Justice Mission
com Local Government (DILG) Tel: 420-6460 (IJM)
Website: www.doj.gov.ph / DILG NAPOLCOM Center, EDSA Website: www.pnp.gov.ph Suite 1902-A East Tower
www.iacat.gov.ph corner Quezon Ave., Quezon City Tektite Bldg., Philippine Stock
Tel: 925-0330 / 925-0331 Philippine Commission on Exchange Center, Ortigas
Department of Social Welfare Fax: 925-0332 Women (PCW) Center, Pasig City
and Development (DSWD) Website: www.dilg.gov.ph 1145 J.P. Laurel St., San Miguel, Tel: 637-3983
Batasan Complex, Constitution Manila Fax: 633-7707
Hills, Quezon City Commission on Filipinos Tel: 736-5249/736-7712 Email: infomanila@ijm.org
TIP Helpline: 931-9141 Overseas (CFO) Fax: 736-4449 Website: www.ijm.org
Website: www.dswd.gov.ph Citigold Center, 1345 Pres. E-mail: oed@pcw.gov.ph
Quirino Ave. corner Pres. Website: www.pcw.gov.ph
Department of Foreign Affairs Osmena Highway, Manila Other Government Partners
(DFA) Trunkline: 552-4700
Office of the Undersecretary Fax: 561-8332 Philippine Center on Anti-Money Laundering Council
for Migrant Workers’ Affairs Email: info@cfo.gov.ph Transnational Crime (PCTC) (AMLC)
(OUMWA) Website: www.cfo.gov.ph ACTC Bldg., Camp Crame, 5th Floor, EDPC Building, BSP
2330 Roxas Boulevard, Quezon City Complex, Mabini corner Vito
Pasay City Philippine Overseas Tel: 724-2362 Cruz St., Malate, Manila
Tel: 834-3000 / 834-4000 Employment Administration Fax: 724-8775 Trunkline: 708-7701
/ 832-1672 (POEA) Email: center@pctc.gov.ph Email: secretariat@amlc.gov.ph
Fax: 551-0847 EDSA corner Ortigas Ave., Website: www.pctc.gov.ph Website: www.amlc.gov.ph
Email: oumwa@dfa.gov.ph Mandaluyong City, Philippines
Website: www.dfa.gov.ph POEA Hotlines: 722 1144 Blas F. Ople Policy Center and Commission on Human Rights
/ 722 1155 Training Institute (CHR)
Anti-Illegal Recruitment Division: 2295 Wycliff Townhouse, Roberts SAAC Building, Commonwealth

44 45
Ave., UP Complex, Diliman, National Youth Commission
Quezon City (NYC) Grab Philippines Kapisanan ng mga Brodkaster ng
Tel: 294-8704 3/F West Insular Bldg., West 12F Wilcon IT Hub Bldg., 2251 Pilipinas (KBP)
Website: www.chr.gov.ph Ave., Quezon City Chino Roces Ave., Makati City 6F LTA Bldg., Perea St., Legaspi
Tel: 426-8479/371-4603 Tel: 883-7100 Village, Makati City
Council for the Welfare of Email: info@nyc.gov.ph Website: www.grab.com Tel: 815-1992
Children (CWC) Website: www.nyc.gov.ph Fax: 815-1989 and 93
10 Apo St., Sta. Mesa Heights, Integrated Bar of the Philippines Email: kbp@kbp.org.ph
Brgy. Sta. Teresita, Quezon City Overseas Workers Welfare (IBP) Website: www.kbp.org.ph
Tel: 740-8864 / 740-5490 Administration (OWWA) IBP Bldg., No.15 Doña Julia Vargas
Email: cwc@cwc.gov.ph F.B. Harrison St., Pasay City Ave., Ortigas Center, Pasig City Philippine Against Child
Website: www.cwc.gov.ph Hotline: 1348 Tel: 631-3016 to 18 Trafficking (PACT)
Email: opcenter@owwa.gov.ph Email: ibplegalaid@gmail.com Rm. 316, PSSC Bldg.,
Department of Education Website: www.owwa.gov.ph Website: www.ibp.ph Commonwealth Ave., Diliman,
(DepEd) Quezon City
DepEd Complex, Meralco Ave., Philippine Information Agency International Organization for Telefax: 929-0347
Pasig City (PIA) Migration (IOM) Philippines Email: philippinecampaign@
Website: www.deped.gov.ph 3rd Flr., PIA Bldg., Visayas Ave., 28F Citibank Tower, 8741 Paseo gmail.com
Diliman, Quezon City de Roxas, Makati City Website: www.pact.org.ph
Department of Health (DOH) Telefax: 920-1224 Tel: 230-1999
San Lazaro Compound, Tayuman Website: www.pia.gov.ph Website: www.iom.int Plan International Philippines
St., Sta. Cruz, Manila 4F Bloomingdale Bldg., 205
Tel: 651-7800 International Seafarers’ Welfare Salcedo St., Legaspi Village,
Website: www.doh.gov.ph Other Partners and Assistance Network (ISWAN) Makati City
Rm. 1220, 12F Regus, Times Plaza Tel: 813-0030 to 32
Department of Tourism (DOT) Batis Center for Women Bldg., UN Ave. corner Taft Ave., Website: www.plan-international.
DOT Bldg., 351 Sen. Gil Puyat 54 K-9th, West Kamias, Ermita, Manila org
Ave., Makati City Quezon City Tel: 790-4086/4087
Tel: 459-5200 Telefax: 709-7481 Email: help@seafarerhelp.org Voice of the Free
Website: www.tourism.gov.ph Email: batiscenter@yahoo.com Website: www.seafarerswelfare. Rm. 302 Residenciale 132
Website: www. org Kalayaan Ave.
National Bureau of Investigation batiscenterforwomen.org Diliman, Quezon City
(NBI) Justice, Peace, & Integrity Tel: (632) 570-6994
Anti-Human Trafficking Division Dynamic Outsource Solutions, of Creation-Integrated Website: www.voiceofthefree.
(AHTRAD) Inc. (DOS-1) Development Center, Inc. (JPIC) org.ph
Tel: 521-9208, 523-7414 4th Flr., Cargohaus Bldg., JPIC-IDC Bldg., Pelaez St.,
Fax: 526-1216 Brgy. Vitalez, NAIA Complex, Kamagayan, Cebu City
Email: ahtrad@nbi.gov.ph Paranaque City Tel: 253-3254
Website: www.nbi.gov.ph Tel: 234-3400 Email: info.jpicidc@yahoo.com.ph
Website: www.dos1.com.ph Website: www.jpic-idc.org.ph

46 47

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