Republic of the Philippines

Congress of the Philippines

Metro Manila
Twelfth Congress
Second Regular Session
Begun held in Metro Manila on Monday, the twenty-second day of July, two thousand
two
Republic Act No. 9208 a! 2"# 200$
AN ACT T% &NST&T'T( P%)&C&(S T% ()&&NAT( TRA**&C+&N, &N
P(RS%NS (SP(C&A))- .%(N AN/ C0&)/R(N# (STA1)&S0&N, T0(
N(C(SSAR- &NST&T'T&%NA) (C0AN&SS *%R T0( PR%T(CT&%N
AN/ S'PP%RT %* TRA**&C+(/ P(RS%NS# PR%2&/&N, P(NA)T&(S
*%R &TS 2&%)AT&%NS# AN/ *%R %T0(R
Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:
Section 3. Title. This Act shall be known as the 4Anti5Traffic6ing in Persons Act of
200$4.
Section 2. Declaration of Policy. It is hereby declared that the tate !alues the
dignity of e!ery hu"an #erson and guarantees the res#ect of indi!idual rights. In
#ursuit of this #olicy, the tate shall gi!e highest #riority to the enact"ent of "easures
and de!elo#"ent of #rogra"s that will #ro"ote hu"an dignity, #rotect the #eo#le
fro" any threat of !iolence and e$#loitation, eli"inate trafficking in #ersons, and
"itigate #ressures for in!oluntary "igration and ser!itude of #ersons, not only to
su##ort trafficked #ersons but "ore i"#ortantly, to ensure their reco!ery,
rehabilitation and reintegration into the "ainstrea" of society.
It shall be a tate #olicy to recogni%e the e&ual rights and inherent hu"an dignity of
wo"en and "en as enshrined in the 'nited (ations 'ni!ersal )eclaration on *u"an
+ights, 'nited (ations ,on!ention on the +ights of the ,hild, 'nited (ations
,on!ention on the -rotection of Migrant .orkers and their /a"ilies. 'nited (ations
,on!ention Against Transnational 0rgani%ed ,ri"e Including its -rotocol to -re!ent,
u##ress and -unish Trafficking in -ersons, 1s#ecially .o"en and ,hildren and all
other rele!ant and uni!ersally acce#ted hu"an rights instru"ents and other
international con!entions to which the -hili##ines is a signatory.
Section $. Definition of Terms. - As used in this Act:
2a3 Trafficking in Persons - refers to the recruit"ent, trans#ortation, transfer or
harboring, or recei#t of #ersons with or without the !icti"4s consent or
knowledge, within or across national borders by "eans of threat or use of force,
or other for"s of coercion, abduction, fraud, dece#tion, abuse of #ower or of
#osition, taking ad!antage of the !ulnerability of the #erson, or, the gi!ing or
recei!ing of #ay"ents or benefits to achie!e the consent of a #erson ha!ing
control o!er another #erson for the #ur#ose of e$#loitation which includes at a
"ini"u", the e$#loitation or the #rostitution of others or other for"s of se$ual
e$#loitation, forced labor or ser!ices, sla!ery, ser!itude or the re"o!al or sale
of organs.
The recruit"ent, trans#ortation, transfer, harboring or recei#t of a child for the
#ur#ose of e$#loitation shall also be considered as 5trafficking in #ersons5 e!en
if it does not in!ol!e any of the "eans set forth in the #receding #aragra#h.
2b3 Child - refers to a #erson below eighteen 2673 years of age or one who is
o!er eighteen 2673 but is unable to fully take care of or #rotect hi"self8herself
fro" abuse, neglect, cruelty, e$#loitation, or discri"ination because of a
#hysical or "ental disability or condition.
2c3 Prostitution - refers to any act, transaction, sche"e or design in!ol!ing the
use of a #erson by another, for se$ual intercourse or lasci!ious conduct in
e$change for "oney, #rofit or any other consideration.
2d3 orced !abor and Slavery - refer to the e$traction of work or ser!ices fro"
any #erson by "eans of entice"ent, !iolence, inti"idation or threat, use of
force or coercion, including de#ri!ation of freedo", abuse of authority or "oral
ascendancy, debt-bondage or dece#tion.
2e3 Se" Tourism - refers to a #rogra" organi%ed by tra!el and touris"-related
establish"ents and indi!iduals which consists of touris" #ackages or acti!ities,
utili%ing and offering escort and se$ual ser!ices as entice"ent for tourists. This
includes se$ual ser!ices and #ractices offered during rest and recreation #eriods
for "e"bers of the "ilitary.
2f3 Se"ual #"ploitation - refers to #artici#ation by a #erson in #rostitution or the
#roduction of #ornogra#hic "aterials as a result of being sub9ected to a threat,
dece#tion, coercion, abduction, force, abuse of authority, debt bondage, fraud
or through abuse of a !icti"4s !ulnerability.
2g3 Debt Bondage - refers to the #ledging by the debtor of his8her #ersonal
ser!ices or labor or those of a #erson under his8her control as security or
#ay"ent for a debt, when the length and nature of ser!ices is not clearly
defined or when the !alue of the ser!ices as reasonably assessed is not a##lied
toward the li&uidation of the debt.
2h3 Pornography - refers to any re#resentation, through #ublication, e$hibition,
cine"atogra#hy, indecent shows, infor"ation technology, or by whate!er
"eans, of a #erson engaged in real or si"ulated e$#licit se$ual acti!ities or any
re#resentation of the se$ual #arts of a #erson for #ri"arily se$ual #ur#oses.
2i3 Council - shall "ean the Inter-Agency ,ouncil Against Trafficking created
under ection :; of this Act.
Section 7. $cts of Trafficking in Persons. - It shall be unlawful for any #erson, natural
or 9uridical, to co""it any of the following acts:
2a3 To recruit, trans#ort, transfer< harbor, #ro!ide, or recei!e a #erson by any
"eans, including those done under the #rete$t of do"estic or o!erseas
e"#loy"ent or training or a##renticeshi#, for the #ur#ose of #rostitution,
#ornogra#hy, se$ual e$#loitation, forced labor, sla!ery, in!oluntary ser!itude or
debt bondage<
2b3 To introduce or "atch for "oney, #rofit, or "aterial, econo"ic or other
consideration, any #erson or, as #ro!ided for under +e#ublic Act (o. =>??, any
/ili#ino wo"an to a foreign national, for "arriage for the #ur#ose of ac&uiring,
buying, offering, selling or trading hi"8her to engage in #rostitution,
#ornogra#hy, se$ual e$#loitation, forced labor, sla!ery, in!oluntary ser!itude or
debt bondage<
2c3 To offer or contract "arriage, real or si"ulated, for the #ur#ose of
ac&uiring, buying, offering, selling, or trading the" to engage in #rostitution,
#ornogra#hy, se$ual e$#loitation, forced labor or sla!ery, in!oluntary ser!itude
or debt bondage<
2d3 To undertake or organi%e tours and tra!el #lans consisting of touris"
#ackages or acti!ities for the #ur#ose of utili%ing and offering #ersons for
#rostitution, #ornogra#hy or se$ual e$#loitation<
2e3 To "aintain or hire a #erson to engage in #rostitution or #ornogra#hy<
2f3 To ado#t or facilitate the ado#tion of #ersons for the #ur#ose of #rostitution,
#ornogra#hy, se$ual e$#loitation, forced labor, sla!ery, in!oluntary ser!itude or
debt bondage<
2g3 To recruit, hire, ado#t, trans#ort or abduct a #erson, by "eans of threat or
use of force, fraud, deceit, !iolence, coercion, or inti"idation for the #ur#ose of
re"o!al or sale of organs of said #erson< and
2h3 To recruit, trans#ort or ado#t a child to engage in ar"ed acti!ities in the
-hili##ines or abroad.
Section 8. $cts that Promote Trafficking in Persons. - The following acts which
#ro"ote or facilitate trafficking in #ersons, shall be unlawful:
2a3 To knowingly lease or sublease, use or allow to be used any house, building
or establish"ent for the #ur#ose of #ro"oting trafficking in #ersons<
2b3 To #roduce, #rint and issue or distribute unissued, ta"#ered or fake
counseling certificates, registration stickers and certificates of any go!ern"ent
agency which issues these certificates and stickers as #roof of co"#liance with
go!ern"ent regulatory and #re-de#arture re&uire"ents for the #ur#ose of
#ro"oting trafficking in #ersons<
2c3 To ad!ertise, #ublish, #rint, broadcast or distribute, or cause the
ad!ertise"ent, #ublication, #rinting, broadcasting or distribution by any "eans,
including the use of infor"ation technology and the internet, of any brochure,
flyer, or any #ro#aganda "aterial that #ro"otes trafficking in #ersons<
2d3 To assist in the conduct of "isre#resentation or fraud for #ur#oses of
facilitating the ac&uisition of clearances and necessary e$it docu"ents fro"
go!ern"ent agencies that are "andated to #ro!ide #re-de#arture registration
and ser!ices for de#arting #ersons for the #ur#ose of #ro"oting trafficking in
#ersons<
2e3 To facilitate, assist or hel# in the e$it and entry of #ersons fro"8to the
country at international and local air#orts, territorial boundaries and sea#orts
who are in #ossession of unissued, ta"#ered or fraudulent tra!el docu"ents for
the #ur#ose of #ro"oting trafficking in #ersons<
2f3 To confiscate, conceal, or destroy the #ass#ort, tra!el docu"ents, or
#ersonal docu"ents or belongings of trafficked #ersons in furtherance of
trafficking or to #re!ent the" fro" lea!ing the country or seeking redress fro"
the go!ern"ent or a##ro#riate agencies< and
2g3 To knowingly benefit fro", financial or otherwise, or "ake use of, the labor
or ser!ices of a #erson held to a condition of in!oluntary ser!itude, forced
labor, or sla!ery.
Section ". %ualified Trafficking in Persons. - The following are considered as
&ualified trafficking:
2a3 .hen the trafficked #erson is a child<
2b3 .hen the ado#tion is effected through +e#ublic Act (o. 7;@A, otherwise
known as the 5Inter-,ountry Ado#tion Act of 6>>?5 and said ado#tion is for the
#ur#ose of #rostitution, #ornogra#hy, se$ual e$#loitation, forced labor, sla!ery,
in!oluntary ser!itude or debt bondage<
2c3 .hen the cri"e is co""itted by a syndicate, or in large scale. Trafficking is
dee"ed co""itted by a syndicate if carried out by a grou# of three 2A3 or "ore
#ersons cons#iring or confederating with one another. It is dee"ed co""itted
in large scale if co""itted against three 2A3 or "ore #ersons, indi!idually or as
a grou#<
2d3 .hen the offender is an ascendant, #arent, sibling, guardian or a #erson
who e$ercises authority o!er the trafficked #erson or when the offense is
co""itted by a #ublic officer or e"#loyee<
2e3 .hen the trafficked #erson is recruited to engage in #rostitution with any
"e"ber of the "ilitary or law enforce"ent agencies<
2f3 .hen the offender is a "e"ber of the "ilitary or law enforce"ent agencies<
and
2g3 .hen by reason or on occasion of the act of trafficking in #ersons, the
offended #arty dies, beco"es insane, suffers "utilation or is afflicted with
*u"an I""unodeficiency Birus 2*IB3 or the Ac&uired I""une )eficiency
yndro"e 2AI)3.
Section ". Confidentiality. - At any stage of the in!estigation, #rosecution and trial of
an offense under this Act, law enforce"ent officers, #rosecutors, 9udges, court
#ersonnel and "edical #ractitioners, as well as #arties to the case, shall recogni%e the
right to #ri!acy of the trafficked #erson and the accused. Towards this end, law
enforce"ent officers, #rosecutors and 9udges to who" the co"#laint has been referred
"ay, whene!er necessary to ensure a fair and i"#artial #roceeding, and after
considering all circu"stances for the best interest of the #arties, order a closed-door
in!estigation, #rosecution or trial. The na"e and #ersonal circu"stances of the
trafficked #erson or of the accused, or any other infor"ation tending to establish their
identities and such circu"stances or infor"ation shall not be disclosed to the #ublic.
In cases when #rosecution or trial is conducted behind closed-doors, it shall be
unlawful for any editor, #ublisher, and re#orter or colu"nist in case of #rinted
"aterials, announcer or #roducer in case of tele!ision and radio, #roducer and director
of a fil" in case of the "o!ie industry, or any #erson utili%ing tri-"edia facilities or
infor"ation technology to cause #ublicity of any case of trafficking in #ersons.
Section 8. Prosecution of Cases. - Any #erson who has #ersonal knowledge of the
co""ission of any offense under this Act, the trafficked #erson, the #arents, s#ouse,
siblings, children or legal guardian "ay file a co"#laint for trafficking.
Section 9. &enue. - A cri"inal action arising fro" !iolation of this Act shall be filed
where the offense was co""itted, or where any of its ele"ents occurred, or where the
trafficked #erson actually resides at the ti"e of the co""ission of the
offense: Provided, That the court where the cri"inal action is first filed shall ac&uire
9urisdiction to the e$clusion of other courts.
Section 30. Penalties and Sanctions. - The following #enalties and sanctions are
hereby established for the offenses enu"erated in this Act:
2a3 Any #erson found guilty of co""itting any of the acts enu"erated in
ection @ shall suffer the #enalty of i"#rison"ent of twenty 2:;3 years and a
fine of not less than 0ne "illion #esos 2-6,;;;,;;;.;;3 but not "ore than Two
"illion #esos 2-:,;;;,;;;.;;3<
2b3 Any #erson found guilty of co""itting any of the acts enu"erated in
ection ? shall suffer the #enalty of i"#rison"ent of fifteen 26?3 years and a
fine of not less than /i!e hundred thousand #esos 2-?;;,;;;.;;3 but not "ore
than 0ne "illion #esos 2-6,;;;,;;;.;;3<
2c3 Any #erson found guilty of &ualified trafficking under ection = shall suffer
the #enalty of life i"#rison"ent and a fine of not less than Two "illion #esos
2-:,;;;,;;;.;;3 but not "ore than /i!e "illion #esos 2-?,;;;,;;;.;;3<
2d3 Any #erson who !iolates ection C hereof shall suffer the #enalty of
i"#rison"ent of si$ 2=3 years and a fine of not less than /i!e hundred thousand
#esos 2-?;;,;;;.;;3 but not "ore than 0ne "illion #esos 2-6,;;;,;;;.;;3<
2e3 If the offender is a cor#oration, #artnershi#, association, club, establish"ent
or any 9uridical #erson, the #enalty shall be i"#osed u#on the owner, #resident,
#artner, "anager, and8or any res#onsible officer who #artici#ated in the
co""ission of the cri"e or who shall ha!e knowingly #er"itted or failed to
#re!ent its co""ission<
2f3 The registration with the ecurities and 1$change ,o""ission 21,3 and
license to o#erate of the erring agency, cor#oration, association, religious
grou#, tour or tra!el agent, club or establish"ent, or any #lace of entertain"ent
shall be cancelled and re!oked #er"anently. The owner, #resident, #artner or
"anager thereof shall not be allowed to o#erate si"ilar establish"ents in a
different na"e<
2g3 If the offender is a foreigner, he shall be i""ediately de#orted after ser!ing
his sentence and be barred #er"anently fro" entering the country<
2h3 Any e"#loyee or official of go!ern"ent agencies who shall issue or
a##ro!e the issuance of tra!el e$it clearances, #ass#orts, registration
certificates, counseling certificates, "arriage license, and other si"ilar
docu"ents to #ersons, whether 9uridical or natural, recruit"ent agencies,
establish"ents or other indi!iduals or grou#s, who fail to obser!e the
#rescribed #rocedures and the re&uire"ent as #ro!ided for by laws, rules and
regulations, shall be held ad"inistrati!ely liable, without #re9udice to cri"inal
liability under this Act. The concerned go!ern"ent official or e"#loyee shall,
u#on con!iction, be dis"issed fro" the ser!ice and be barred #er"anently to
hold #ublic office. *is8her retire"ent and other benefits shall likewise be
forfeited< and
2i3 ,on!iction by final 9udg"ent of the ado#ter for any offense under this Act
shall result in the i""ediate rescission of the decree of ado#tion.
Section 33. 'se of Trafficked Persons. - Any #erson who buys or engages the ser!ices
of trafficked #ersons for #rostitution shall be #enali%ed as follows:
2a3 /irst offense - si$ 2=3 "onths of co""unity ser!ice as "ay be deter"ined
by the court and a fine of /ifty thousand #esos 2-?;,;;;.;;3< and
2b3 econd and subse&uent offenses - i"#rison"ent of one 263 year and a fine
of 0ne hundred thousand #esos 2-6;;,;;;.;;3.
Section 32. Prescriptive Period. - Trafficking cases under this Act shall #rescribe in
ten 26;3 years: Provided( ho)ever( That trafficking cases co""itted by a syndicate or
in a large scale as defined under ection = shall #rescribe in twenty 2:;3 years.
The #rescri#ti!e #eriod shall co""ence to run fro" the day on which the trafficked
#erson is deli!ered or released fro" the conditions of bondage and shall be interru#ted
by the filing of the co"#laint or infor"ation and shall co""ence to run again when
such #roceedings ter"inate without the accused being con!icted or ac&uitted or are
un9ustifiably sto##ed for any reason not i"#utable to the accused.
Section 3$. #"emption from iling ees. - .hen the trafficked #erson institutes a
se#arate ci!il action for the reco!ery of ci!il da"ages, he8she shall be e$e"#t fro"
the #ay"ent of filing fees.
Section 37. Confiscation and orfeiture of the Proceeds and *nstruments Derived
from Trafficking in Persons. - In addition to the #enalty i"#osed for the !iolation of
this Act, the court shall order the confiscation and forfeiture, in fa!or of the
go!ern"ent, of all the #roceeds and #ro#erties deri!ed fro" the co""ission of the
cri"e, unless they are the #ro#erty of a third #erson not liable for the unlawful
act< Provided( ho)ever( That all awards for da"ages shall be taken fro" the #ersonal
and se#arate #ro#erties of the offender< Provided( further( That if such #ro#erties are
insufficient, the balance shall be taken fro" the confiscated and forfeited #ro#erties.
.hen the #roceeds, #ro#erties and instru"ents of the offense ha!e been destroyed,
di"inished in !alue or otherwise rendered worthless by any act or o"ission, directly
or indirectly, of the offender, or it has been concealed, re"o!ed, con!erted or
transferred to #re!ent the sa"e fro" being found or to a!oid forfeiture or
confiscation, the offender shall be ordered to #ay the a"ount e&ual to the !alue of the
#roceeds, #ro#erty or instru"ents of the offense.
Section 38. Trust und. - All fines i"#osed under this Act and the #roceeds and
#ro#erties forfeited and confiscated #ursuant to ection 6@ hereof shall accrue to a
Trust /und to be ad"inistered and "anaged by the ,ouncil to be used e$clusi!ely for
#rogra"s that will #re!ent acts of trafficking and #rotect, rehabilitate, reintegrate
trafficked #ersons into the "ainstrea" of society. uch #rogra"s shall include, but not
li"ited to, the following:
2a3 -ro!ision for "andatory ser!ices set forth in ection :A of this Act<
2b3 #onsorshi# of a national research #rogra" on trafficking and establish"ent
of a data collection syste" for "onitoring and e!aluation #ur#oses<
2c3 -ro!ision of necessary technical and "aterial su##ort ser!ices to
a##ro#riate go!ern"ent agencies and non-go!ern"ent organi%ations 2(D0s3<
2d3 #onsorshi# of conferences and se"inars to #ro!ide !enue for consensus
building a"ongst the #ublic, the acade"e, go!ern"ent, (D0s and international
organi%ations< and
2e3 -ro"otion of infor"ation and education ca"#aign on trafficking.
Section 3". Programs that $ddress Trafficking in Persons. - The go!ern"ent shall
establish and i"#le"ent #re!enti!e, #rotecti!e and rehabilitati!e #rogra"s for
trafficked #ersons. /or this #ur#ose, the following agencies are hereby "andated to
i"#le"ent the following #rogra"s<
2a3 )e#art"ent of /oreign Affairs 2)/A3 - shall "ake a!ailable its resources
and facilities o!erseas for trafficked #ersons regardless of their "anner of entry
to the recei!ing country, and e$#lore "eans to further enhance its assistance in
eli"inating trafficking acti!ities through closer networking with go!ern"ent
agencies in the country and o!erseas, #articularly in the for"ulation of #olicies
and i"#le"entation of rele!ant #rogra"s.
The )/A shall take necessary "easures for the efficient i"#le"entation of the
Machine +eadable -ass#orts to #rotect the integrity of -hili##ine #ass#orts,
!isas and other tra!el docu"ents to reduce the incidence of trafficking through
the use of fraudulent identification docu"ents.
It shall establish and i"#le"ent a #re-"arriage, on-site and #re-de#arture
counseling #rogra" on inter"arriages.
2b3 )e#art"ent of ocial .elfare and )e!elo#"ent 2).)3 - shall i"#le"ent
rehabilitati!e and #rotecti!e #rogra"s for trafficked #ersons. It shall #ro!ide
counseling and te"#orary shelter to trafficked #ersons and de!elo# a syste" for
accreditation a"ong (D0s for #ur#oses of establishing centers and #rogra"s
for inter!ention in !arious le!els of the co""unity.
2c3 )e#art"ent of Eabor and 1"#loy"ent 2)0E13 - shall ensure the strict
i"#le"entation and co"#liance with the rules and guidelines relati!e to the
e"#loy"ent of #ersons locally and o!erseas. It shall likewise "onitor,
docu"ent and re#ort cases of trafficking in #ersons in!ol!ing e"#loyers and
labor recruiters.
2d3 )e#art"ent of Justice 2)0J3 - shall ensure the #rosecution of #ersons
accused of trafficking and designate and train s#ecial #rosecutors who shall
handle and #rosecute cases of trafficking. It shall also establish a "echanis"
for free legal assistance for trafficked #ersons, in coordination with the ).),
Integrated Bar of the -hili##ines 2IB-3 and other (D0s and !olunteer grou#s.
2e3 (ational ,o""ission on the +ole of /ili#ino .o"en 2(,+/.3 - shall
acti!ely #artici#ate and coordinate in the for"ulation and "onitoring of
#olicies addressing the issue of trafficking in #ersons in coordination with
rele!ant go!ern"ent agencies. It shall likewise ad!ocate for the inclusion of the
issue of trafficking in #ersons in both its local and international ad!ocacy for
wo"en4s issues.
2f3 Bureau of I""igration 2BI3 - shall strictly ad"inister and enforce
i""igration and alien ad"inistration laws. It shall ado#t "easures for the
a##rehension of sus#ected traffickers both at the #lace of arri!al and de#arture
and shall ensure co"#liance by the /ili#ino fiancFs8fiancFes and s#ouses of
foreign nationals with the guidance and counseling re&uire"ent as #ro!ided for
in this Act.
2g3 -hili##ine (ational -olice 2-(-3 - shall be the #ri"ary law enforce"ent
agency to undertake sur!eillance, in!estigation and arrest of indi!iduals or
#ersons sus#ected to be engaged in trafficking. It shall closely coordinate with
!arious law enforce"ent agencies to secure concerted efforts for effecti!e
in!estigation and a##rehension of sus#ected traffickers. It shall also establish a
syste" to recei!e co"#laints and calls to assist trafficked #ersons and conduct
rescue o#erations.
2h3 -hili##ine 0!erseas 1"#loy"ent Ad"inistration 2-01A3 - shall i"#le"ent
an effecti!e #re-e"#loy"ent orientation se"inars and #re-de#arture counseling
#rogra"s to a##licants for o!erseas e"#loy"ent. It shall likewise for"ulate a
syste" of #ro!iding free legal assistance to trafficked #ersons.
2i3 )e#art"ent of the Interior and Eocal Do!ern"ent 2)IED3 - shall institute a
syste"atic infor"ation and #re!ention ca"#aign and likewise "aintain a
databank for the effecti!e "onitoring, docu"entation and #rosecution of cases
on trafficking in #ersons.
293 Eocal go!ern"ent units 2ED's3 - shall "onitor and docu"ent cases of
trafficking in #ersons in their areas of 9urisdiction, effect the cancellation of
licenses of establish"ents which !iolate the #ro!isions of this Act and ensure
effecti!e #rosecution of such cases. They shall also undertake an infor"ation
ca"#aign against trafficking in #ersons through the establish"ent of the
Migrants Ad!isory and Infor"ation (etwork 2MAI(3 desks in "unici#alities
or #ro!inces in coordination with )IED, -hili##ine Infor"ation Agency 2-IA3,
,o""ission on /ili#inos 0!erseas 2,/03, (D0s and other concerned
agencies. They shall encourage and su##ort co""unity based initiati!es which
address the trafficking in #ersons.
In i"#le"enting this Act, the agencies concerned "ay seek and enlist the
assistance of (D0s, #eo#le4s organi%ations 2-os3, ci!ic organi%ations and other
!olunteer grou#s.
Section 39. !egal Protection to Trafficked Persons. - Trafficked #ersons shall be
recogni%ed as !icti"s of the act or acts of trafficking and as such shall not be
#enali%ed for cri"es directly related to the acts of trafficking enu"erated in this Act or
in obedience to the order "ade by the trafficker in relation thereto. In this regard, the
consent of a trafficked #erson to the intended e$#loitation set forth in this Act shall be
irrele!ant.
Section 38. Preferential #ntitlement 'nder the +itness Protection Program. - Any
#ro!ision of +e#ublic Act (o. =>76 to the contrary notwithstanding, any trafficked
#erson shall be entitled to the witness #rotection #rogra" #ro!ided therein.
Section 39. Trafficked Persons +ho are oreign ,ationals. - ub9ect to the guidelines
issued by the ,ouncil, trafficked #ersons in the -hili##ines who are nationals of a
foreign country shall also be entitled to a##ro#riate #rotection, assistance and ser!ices
a!ailable to trafficked #ersons under this Act: Provided, That they shall be #er"itted
continued #resence in the -hili##ines for a length of ti"e #rescribed by the ,ouncil as
necessary to effect the #rosecution of offenders.
Section 20. *nter-$gency Council $gainst Trafficking. - There is hereby established an
Inter-Agency ,ouncil Against Trafficking, to be co"#osed of the ecretary of the
)e#art"ent of Justice as ,hair#erson and the ecretary of the )e#art"ent of ocial
.elfare and )e!elo#"ent as ,o-,hair#erson and shall ha!e the following as
"e"bers:
2a3 ecretary, )e#art"ent of /oreign Affairs<
2b3 ecretary, )e#art"ent of Eabor and 1"#loy"ent<
2c3 Ad"inistrator, -hili##ine 0!erseas 1"#loy"ent Ad"inistration<
2d3 ,o""issioner, Bureau of I""igration<
2e3 )irector-Deneral, -hili##ine (ational -olice<
2f3 ,hair#erson, (ational ,o""ission on the +ole of /ili#ino .o"en< and
2g3 Three 2A3 re#resentati!es fro" (D0s, who shall be co"#osed of one 263
re#resentati!e each fro" a"ong the sectors re#resenting wo"en, o!erseas
/ili#ino workers 20/.s3 and children, with a #ro!en record of in!ol!e"ent in
the #re!ention and su##ression of trafficking in #ersons. These re#resentati!es
shall be no"inated by the go!ern"ent agency re#resentati!es of the ,ouncil,
for a##oint"ent by the -resident for a ter" of three 2A3 years.
The "e"bers of the ,ouncil "ay designate their #er"anent re#resentati!es
who shall ha!e a rank not lower than an assistant secretary or its e&ui!alent to
"eetings, and shall recei!e e"olu"ents as "ay be deter"ined by the ,ouncil
in accordance with e$isting budget and accounting, rules and regulations.
Section 23. unctions of the Council. - The ,ouncil shall ha!e the following #owers
and functions:
2a3 /or"ulate a co"#rehensi!e and integrated #rogra" to #re!ent and su##ress
the trafficking in #ersons<
2b3 -ro"ulgate rules and regulations as "ay be necessary for the effecti!e
i"#le"entation of this Act<
2c3 Monitor and o!ersee the strict i"#le"entation of this Act<
2d3 ,oordinate the #rogra"s and #ro9ects of the !arious "e"ber agencies to
effecti!ely address the issues and #roble"s attendant to trafficking in #ersons<
2e3 ,oordinate the conduct of "assi!e infor"ation disse"ination and ca"#aign
on the e$istence of the law and the !arious issues and #roble"s attendant to
trafficking through the ED's, concerned agencies, and (D0s<
2f3 )irect other agencies to i""ediately res#ond to the #roble"s brought to
their attention and re#ort to the ,ouncil on action taken<
2g3 Assist in filing of cases against indi!iduals, agencies, institutions or
establish"ents that !iolate the #ro!isions of this Act<
2h3 /or"ulate a #rogra" for the reintegration of trafficked #ersons in
coo#eration with )0E1, ).), Technical 1ducation and kills )e!elo#"ent
Authority 2T1)A3, ,o""ission on *igher 1ducation 2,*1)3, ED's and
(D0s<
2i3 ecure fro" any de#art"ent, bureau, office, agency, or instru"entality of
the go!ern"ent or fro" (D0s and other ci!ic organi%ations such assistance as
"ay be needed to effecti!ely i"#le"ent this Act<
293 ,o"#le"ent the shared go!ern"ent infor"ation syste" for "igration
established under +e#ublic Act (o. 7;@:, otherwise known as the 5Migrant
.orkers and 0!erseas /ili#inos Act of 6>>?5 with data on cases of trafficking
in #ersons, and ensure that the #ro#er agencies conduct a continuing research
and study on the #atterns and sche"e of trafficking in #ersons which shall for"
the basis for #olicy for"ulation and #rogra" direction<
2k3 )e!elo# the "echanis" to ensure the ti"ely, coordinated, and effecti!e
res#onse to cases of trafficking in #ersons<
2l3 +eco""end "easures to enhance coo#erati!e efforts and "utual assistance
a"ong foreign countries through bilateral and8or "ultilateral arrange"ents to
#re!ent and su##ress international trafficking in #ersons<
2"3 ,oordinate with the )e#art"ent of Trans#ortation and ,o""unications
2)0T,3, )e#art"ent of Trade and Industry 2)TI3, and other (D0s in
"onitoring the #ro"otion of ad!ertise"ent of trafficking in the internet<
2n3 Ado#t "easures and #olicies to #rotect the rights and needs of trafficked
#ersons who are foreign nationals in the -hili##ines<
2o3 Initiate training #rogra"s in identifying and #ro!iding the necessary
inter!ention or assistance to trafficked #ersons< and
2#3 1$ercise all the #owers and #erfor" such other functions necessary to attain
the #ur#oses and ob9ecti!es of this Act.
Section 22. Secretariat to the Council. - The )e#art"ent of Justice shall establish the
necessary ecretariat for the ,ouncil.
Section 2$. .andatory Services to Trafficked Persons. - To ensure reco!ery,
rehabilitation and reintegration into the "ainstrea" of society, concerned go!ern"ent
agencies shall "ake a!ailable the following ser!ices to trafficked #ersons:
2a3 1"ergency shelter or a##ro#riate housing<
2b3 ,ounseling<
2c3 /ree legal ser!ices which shall include infor"ation about the !icti"s4 rights
and the #rocedure for filing co"#laints, clai"ing co"#ensation and such other
legal re"edies a!ailable to the", in a language understood by the trafficked
#erson<
2d3 Medical or #sychological ser!ices<
2e3 Ei!elihood and skills training< and
2f3 1ducational assistance to a trafficked child.
ustained su#er!ision and follow through "echanis" that will track the #rogress of
reco!ery, rehabilitation and reintegration of the trafficked #ersons shall be ado#ted
and carried out.
Section 27. /ther Services for Trafficked Persons. -
2a3 !egal $ssistance. - Trafficked #ersons shall be considered under the
category 50!erseas /ili#ino in )istress5 and "ay a!ail of the legal assistance
created by +e#ublic Act (o. 7;@:, sub9ect to the guidelines as #ro!ided by law.
2b3 /verseas ilipino Resource Centers. - The ser!ices a!ailable to o!erseas
/ili#inos as #ro!ided for by +e#ublic Act (o. 7;@: shall also be e$tended to
trafficked #ersons regardless of their i""igration status in the host country.
2c3 The Country Team $pproach. - The country tea" a##roach under 1$ecuti!e
0rder (o. C@ of 6>>A, shall be the o#erational sche"e under which -hili##ine
e"bassies abroad shall #ro!ide #rotection to trafficked #ersons insofar as the
#ro"otion of their welfare, dignity and funda"ental rights are concerned.
Section 28. Repatriation of Trafficked Persons. - The )/A, in coordination with
)0E1 and other a##ro#riate agencies, shall ha!e the #ri"ary res#onsibility for the
re#atriation of trafficked #ersons, regardless of whether they are docu"ented or
undocu"ented.
If, howe!er, the re#atriation of the trafficked #ersons shall e$#ose the !icti"s to
greater risks, the )/A shall "ake re#resentation with the host go!ern"ent for the
e$tension of a##ro#riate residency #er"its and #rotection, as "ay be legally
#er"issible in the host country.
Section 2". #"tradition. - The )0J, in consultation with )/A, shall endea!or to
include offenses of trafficking in #ersons a"ong e$traditable offenses.
Section 29. Reporting Re0uirements. - The ,ouncil shall sub"it to the -resident of
the -hili##ines and to ,ongress an annual re#ort of the #olicies, #rogra"s and
acti!ities relati!e to the i"#le"entation of this Act.
Section 28. unding. - The heads of the de#art"ents and agencies concerned shall
i""ediately include in their #rogra"s and issue such rules and regulations to
i"#le"ent the #ro!isions of this Act, the funding of which shall be included in the
annual Deneral A##ro#riations Act.
Section 29. *mplementing Rules and Regulations. - The ,ouncil shall #ro"ulgate the
necessary i"#le"enting rules and regulations within si$ty 2=;3 days fro" the
effecti!ity of this Act.
Section $0. ,on-restriction of reedom of Speech and of $ssociation( Religion and
the Right to Travel. -(othing in this Act shall be inter#reted as a restriction of the
freedo" of s#eech and of association, religion and the right to tra!el for #ur#oses not
contrary to law as guaranteed by the ,onstitution.
Section $3. Separability Clause. - If, for any reason, any section or #ro!ision of this
Act is held unconstitutional or in!alid, the other sections or #ro!isions hereof shall not
be affected thereby.
Section $2. Repealing clause. - All laws, #residential decrees, e$ecuti!e orders and
rules and regulations, or #arts thereof, inconsistent with the #ro!isions of this Act are
hereby re#ealed or "odified accordingly: Provided, That this Act shall not in any way
a"end or re#eal the #ro!ision of +e#ublic Act (o. C=6;, otherwise known as the
5#ecial -rotection of ,hildren Against ,hild Abuse, 1$#loitation and )iscri"ination
Act5.
Section $$. #ffectivity. - This Act shall take effect fifteen 26?3 days fro" the date of its
co"#lete #ublication in at least two 2:3 news#a#ers of general circulation.
A##ro!ed,
*RAN+)&N /R&)%N
President of the Senate
:%S( /( 2(N(C&A :R.
Speaker of the House of Representatives
This Act, which is a consolidation of enate Bill (o. :@@@ and *ouse Bill (o. @@A:
was finally #assed by the enate and the *ouse of +e#resentati!es on May 6:, :;;A
res#ecti!ely.
%SCAR ,. -A1(S
Secretary of Senate
R%1(RT% P. NA;AR(N%
Secretary 1eneral
House of Represenatives
A##ro!ed: May :=, :;;A.
,)%R&A ACAPA,A)5ARR%-%
President of the Philippines