Republic Act

No. 9208
as amended by

Republic Act
No. 10364
 REPUBLIC ACT No. 10364
THE EXPANDED ANTI-TRAFFICKING IN
PERSONS ACT OF 2012
Effectivity date: March 1, 2013

REPUBLIC ACT NO. 9208

THE ANTI-TRAFFICKING IN PERSONS
ACT OF 2003
Effectivity date: June 19, 2003
 Trafficking in Persons
Also referred to as:
 HUMAN TRAFFICKING
 MODERN-DAY SLAVERY

What is really human trafficking?

o It is a heinous crime.
o It is a menace in our society.
o It affects the very core of
humanity.
Law defines HUMAN TRAFFICKING
as having 3 ELEMENTS:
1. Act/s
2. Means
3. Purpose
 What is CHILD TRAFFICKING?

ACTs
Recruit + PURPOSE
Obtain
Hire Sexual Exploitation or
Provide
Offer Exploitation of Labor or
Transport services
Transfer
Maintain Removal or sale of
Harbor Organs
Child
Receive
Adopt Engage in armed conflict
Is CONSENT relevant in Human
Trafficking or Child Trafficking?
NO !

There is no
such thing as
“WILLING VICTIMS”
 PUNISHABLE ACTS
 SECTION 4 - Acts of trafficking in persons – 20 years / 1-2M
Section 4-A - Attempted Trafficking – 15 years / 500T-1M
Section 4-B - Accomplice Liability – 15 years / 500T-1M
Section 4-C - Accessories – 15 years / 500T-1M
 SECTION 5 - Acts that promote trafficking in persons –
15 years / 500T-1M
 SECTION 7 - Violation of the Confidentiality Rule –
6 years / 500T-1M
 SECTION 11 - Use of trafficked persons for prostitution –
6-12 years / 17 – 40 years / 500T-5M
 SECTION 6 - Qualified Trafficking – Life Imprisonment / 2-5M
 Section 6 - Qualified Trafficking
Penalty: Life Imprisonment/2M-5M Fine
a. Trafficked person is a child
b. Adoption is effected through RA 8043
c. Committed by a syndicate or in large scale
d. Offender is a spouse, ascendant, parent, sibling, guardian or
a person exercising authority over the trafficked person or
when the offense is committed by a public officer or employee;
e. Engagement in prostitution with any member of the military or
law enforcement agencies
f. Offender is a member of the military or law enforcement
agencies
g. Trafficked person, by reason or on occasion of the act of
trafficking, dies, becomes insane, suffers mutilation or afflicted
with HIV or AIDS
Who can file? When can you file?
Survivor; and 10 years from the time
Anybody who survivor is released from
has personal bondage
knowledge 20 years for large scale or
committed by a
syndicate; when the
+ file? victim is a child
Where can you
(1) The offense was committed;
(2) Any of its elements occurred; or
(3) The trafficked person actually resides
at the time of the commission of the
offense.
 Section 8:
Affidavit of Desistance
AFFIDAVIT OF DESISTANCE

Cases involving trafficking in persons should NOT BE

DISMISSED based on the affidavit of desistance
executed by the victims or their parents or legal
guardians.

Any act involving the means provided in this Act or any

attempt thereof for the purpose of securing an
Affidavit of Desistance from the complainant shall be
punishable under this Act. Section 5(h) or (j)
 Criminal Intent/Liability - TIP

How do you prove criminal intent?

“Intent is a mental state, the existence of which is shown by

the OVERT ACTS of the person”.
(Soriano vs. People, 88 Phil. 368, 374)
 PUSH and PULL FACTORS
 Poverty/ Economic  Materialism,
situation,  Adventurism,
 Dysfunctional  Gender issues,
families/Family
Breakdown  Cultural factors
 Globalization  Modernization &
 Lack of Education & Development Schemes
Information  Out-migration networks
 Social/ Peer pressure  Corruption & Collaboration
 Aftermath of War
 Armed Conflict
 Natural calamities
 How do we strengthen
YOUR ROLE
given the push and pull factors ?

 PRO-ACTIVE DETECTION
 ADVOCACY and INFORMATION
CAMPAIGN
 GOOD CASE BUILD UP
 PROTECTIVE CARE
 RECOVERY AND REINTEGRATION
Daghang Salamant