RULES AND REGULATIONS IMPLEMENTING

SECTION 4 (g) OF REPUBLIC ACT NO. 9208, OTHERWISE KNOWN AS THE ANTI-TRAFFICKING IN
PERSONS ACT OF 2003, IN RELATION TO SECTION 3 (a) OF THE SAME ACT, ON THE
TRAFFICKING OF PERSONS FOR THE PURPOSE OF REMOVAL OR SALE OF ORGANS

Pursuant to the authority of the Inter-Agency Council Against Trafficking (IACAT) under
Section 29 of Republic Act No. 9208 otherwise known as the “Anti-Trafficking in Persons Act
of 2003”, the following rules and regulations are hereby promulgated to implement section
4 (g) in relation to section 3 (a) of said Act:

Article I
GENERAL PROVISIONS

Sec. 1. Rationale. With the overwhelming demand for human organs, the potential abuse
in sourcing them out has become a national and global concern. Recent reports have
highlighted the likely abuse and exploitation of organ donors who are mostly poor. They
become an easy and vulnerable prey of organ sale and trafficking. The sale and
trafficking in human organs are illegal and has generated controversy that needs urgent
attention and action.

Sec. 2. Objective. These rules and regulations are hereby promulgated to fully protect the
poor and the most vulnerable sector of our society from the growing commercial traffic in
human organ, eliminate traffic in human organs and establish institutional mechanism for
the support and protection of trafficked persons.

Article II
DEFINITION OF TERMS

Sec. 3. Definition of Terms. As used in these rules and regulations, unless the context
otherwise requires, the following terms shall be understood to mean:

(a) Act — refers to Republic Act No. 9208, otherwise known as the “Anti-Trafficking in
Persons Act of 2003”;

(b) Council — refers to the Inter-Agency Council Against Trafficking (IACAT) created under
Section 20 of the Act;

(c) Trafficking in Persons for the Sale or Removal of Organs — refers to the recruitment,
transportation, transfer or harboring, or receipt of persons, with or without the victim’s
consent or knowledge, within or across national borders by means of threat or use of force,
or other forms of coercion, abduction, fraud, deception, abuse of power or of position,
taking advantage of the vulnerability of the person, or, the giving or receiving of payments
or benefits to achieve the consent of a person having control over another person for the
purpose of removal or sale of organs.

The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of
removal or sale of organs shall also be considered as “trafficking in persons” even if it does
not involve any of the means set forth in the preceding paragraph.

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(d) Child — refers to a person below eighteen (18) years of age or one who is over
eighteen (18) but is unable to fully take care of or protect himself/herself from abuse,
neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or
condition;

(e) Donation – is an act of liberality whereby a person disposes gratuitously of a thing or

right in favor of another, who accepts it.

(f) Sale – is one whereby a person, called the seller, obligates himself to deliver and to
transfer ownership of a thing or right to another, called the buyer, for a price certain in
money or its equivalent.

(g) Living Related Donors – refers to persons related to the recipient by blood up to the
fourth degree of consanguinity.

(h) Living Non-Related Voluntary Donors – refers to persons not related to the recipient by
blood but are willing to donate their organ by reason of emotional and social ties with the
recipient.

(i) Non-Related Commercial Organ Provider – refers to persons not related to the recipient
by blood who offer their organs for sale in contravention with the Act.

(j) Human organs – means any part of a human body consisting of a structured
arrangement of tissues which, if wholly removed, cannot be replicated by the body.

(k) Valuable Consideration - the term ''valuable consideration'' does not include the
reasonable payments associated with the removal, transportation, implantation,
processing, preservation, quality control, and storage of a human organ or the
expenses of travel, housing, and lost wages incurred by the donor of a human organ in
connection with the donation of the organ, medical insurance and periodic health
monitoring, life insurance, and cost of medicines of the donor to attain full recovery.

Article III
ELEMENTS OF TRAFFICKING IN PERSONS FOR THE REMOVAL OR SALE OF ORGAN

Sec. 4. How Committed. - trafficking in persons for the removal or sale of organs is
committed as follows, with or without the victim’s consent or knowledge, within or
across national borders:

a) by acts of recruitment, transportation, transfer, harboring, or receipt of

persons;
b) by means of threat or use of force or other forms of coercion, abduction,
fraud, deception, abuse of power or of position, taking advantage of the
vulnerability of a person, or the giving or receiving of payments or benefits to
achieve the consent of a person having control over another person; and
c) the acts and means mentioned under the above paragraphs must link to
achieving the exploitative purpose of removal or sale of organs.

Sec. 5. Child Trafficking. - The recruitment, transportation, transfer, harboring or receipt

of a child for the purpose of removal or sale of organs shall be considered as “trafficking
in persons” even if it does not involve any of the means set forth in Section 4 of this Rule.

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 Article IV
TRANSPLANT/DONATION OF A HUMAN ORGAN DURING THE
LIFETIME OF THE DONOR

Sec. 6. Policies and Guidelines. In consonance with the policy of the State to protect and
promote the right to health of the people, the selling or buying of human organs is strictly
prohibited. Nevertheless, the right for transplantation of human organs for therapeutic
purposes shall not be hampered by this declaration, subject to the conditions set forth in
this chapter.

Thus, to avoid exploitation or improper inducement to donate organs, every donation of

human organs shall be guided by the rules as enshrined and guaranteed by the 1991 World
Health Organization (WHO) Guiding Principles on Human Organ Transplantation.
Specifically, those organs for transplantation should be removed preferably from the bodies
of deceased persons. However, adult living persons may donate organs; but in general,
such donors should be genetically related to the recipients. The human body and its parts
cannot be the subject of commercial transactions. Accordingly, giving or receiving
payment (including any other compensation or reward) for organs should be prohibited.
Likewise, advertising the need for or availability of organs, with a view to offering or seeking
payment, should be prohibited.

Sec. 7. Voluntary Donor. Living related voluntary donor or living non-related voluntary
donor may be allowed to donate organ in a manner set forth in the succeeding sections.
Provided, however, that no living minor shall be allowed to donate any organ for the
purpose of transplantation.

Sec. 8. Person Who May Execute Donation. Any individual, at least eighteen (18) years of
age, of sound mind, and understands the nature and consequences of transplanting
organs from his or her body during his or her lifetime may donate, by way of written consent
to the removal of organ specified in the consent, for the purpose of implanting the organ in
another living human body.

Sec. 9. Persons Who May Become Donee-Recipient. - Any individual may become donee-
recipient of a human organ of a living related voluntary donor or living non-related
voluntary donor for the purpose of therapy based on the medical needs by him or her.
Provided, however, that in case of non-related voluntary donor, a medical evaluation has
been made showing that all other members of the immediate family of the donee-
recipient have been eliminated, for medical or for other reasons, as potential donors.
Provided further, that no alien may receive organs from Filipino living non-related donors.

In case both parties are aliens (donor-donee), a Certification from the Embassy/
Consular office concerned, shall be secured to prove they are related by consanguinity
and the voluntariness of the donation.
Sec. 10. Manner of Executing Donation. - Any donation by a person authorized under
Section 8 hereof shall be sufficient if it is executed in public instrument specifying therein,
among others, the (a) organ to be donated, (b) relationship of the donor to the donee, (c)
family, social or emotional ties which the donor has with the donee, and (d) the donation is
made without any valuable consideration, gratuity or any of its equivalent consideration.

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The acceptance of the donee shall be made in a document prescribed by the Inter-
Agency Council Against Trafficking.

Sec. 11. Effect of Donation/Consent. – A donation/consent that complies with this Rule is
binding and is authority for a registered medical practitioner: (a) to make an examination
necessary to assure medical acceptability of the organ specified in the donation/consent;
and (b) to remove the organ as specified and in accordance with the donation/consent.

Notwithstanding the foregoing, no person shall act on a donation/consent if the person

who gave the donation/consent subsequently withdrew or would have objected to the
donation/consent.

Sec. 12. Reportorial Requirements. The hospital administrator shall submit a monthly report
on the transplantation performed to the Department of Health for monitoring and
regulatory purposes. Failure to do so shall be a ground for an administrative proceeding,
without prejudice to criminal liability under the Act, if evidence warrants.

The Department of Health shall submit a report to the Council every end of June and
December of each year.

Sec. 13. Reporting of a trafficking incident. The medical establishments, attending physician
or medical practitioner who has any knowledge or learns of facts or circumstances that
give rise to a reasonable belief that a person will be, or may be, or has been trafficked for
the removal or sale of organ shall immediately report the same, either orally or in writing or
through other means to any member of the Council, the nearest police or other law
enforcement agency, or the local social welfare and development office. Failure to do so
shall be a ground for an administrative proceeding, without prejudice to criminal liability
under the Act, if evidence warrants.

Article V
ROLE AND RESPONSIBILITY OF THE DEPARTMENT OF HEALTH

Sec. 14. Pre-Donation and Post-Donation Screening. Promulgate the necessary rules in
accordance with Chapter IV of this Rule to identify and approve acceptable donors,
ensure the safety of both donors and recipients, and monitor organ donation and
transplantation within health facilities and among health professionals.

Sec. 15. Screening Forms and Questionnaires. – Develop a complete and easy to
understand forms and questionnaires to be filled out by the prospective or qualified donors,
particularly specifying therein, among others, the willingness of the donor to donate organs
even in the absence of valuable consideration to be received by him or her by reason of
the donation.

Sec. 16. After Care Program for Donor. Develop a comprehensive program for long term
monitoring of donors after donation for the further care of donors who developed any
medical problems after donation.

Sec. 17. Public Awareness. Undertake activities to increase public awareness on organ
donation and transplantation, and organ trafficking, which may include, but not limited to,

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medical practitioner, family and patient information and education, public education and
advocacy campaign through multimedia, internet and other information technology.

Sec. 18. Coordination. Work closely with the Council and other stakeholder institutions and
organization for the effective implementation of the Act and this rule and render assistance
in the investigation and prosecution of trafficking in persons cases.

Sec. 19. Rewards and Incentives. –, Awards and recognition shall be given to persons,
organizations, or establishments that champion or support activities which contribute to the
prevention or suppression of trafficking in persons.

Article VI
PROSECUTION, CIVIL FORFEITURE AND RECOVERY OF CIVIL DAMAGES

Sec. 20. Who May File a Complaint. Complaints for violations of the Act may be filed by the
following: (a) any person who has personal knowledge of the commission of the offense;
(b) the trafficked person or the offended party; (c) parents or legal guardians; (d) spouse;
(e) siblings; (f) children or (g) any public officer or law enforcement officer charged with
the enforcement of the law violated.

Sec. 21. Institution of Criminal and Civil Actions. Pursuant to the Revised Rules on Criminal
Procedure, when a criminal action is instituted, the civil action arising from the offense
charged shall be deemed instituted with the criminal action unless the offended party
waives the civil action, reserves the right to institute it separately or institutes the civil action
prior to the criminal action.

Sec. 22. Exemption from Filing Fees. When the trafficked person institutes a separate civil
action for the recovery of civil damages, he/she shall be exempt from the payment of filing
fees.

Sec. 23. Venue. The offenses punishable under the Act shall be considered as a continuing
offense and may be filed in the place where the offense was committed or where any of
its elements occurred or where the trafficked person actually resides at the time of the
commission of the offense. Provided, that the court where the criminal action is first filed
shall acquire jurisdiction to the exclusion of other courts.

Article VII
LEGAL PROTECTION AND OTHER SERVICES

Sec. 24. Legal Protection. Trafficked persons shall be recognized as victims of the act or
acts of trafficking. As such, they shall not be penalized for crimes directly related to the acts
of trafficking enumerated under the Act or in obedience to the order made by the
trafficker in relation thereto. In this regard, the consent of the trafficked person to the
removal or sale of organ shall be irrelevant.

Sec. 25. Preferential Entitlement under the Witness Protection Program. Any provision of
Republic Act No. 6981 to the contrary notwithstanding, any trafficked person shall be
entitled to the witness protection program provided therein.

Sec. 26. Immunity from Criminal Prosecution. Any person who has personal knowledge in
the commission of any of the offenses penalized under the Act and who voluntarily gives

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material information relative thereto and willingly testifies against the offender shall be
exempt from prosecution for the offense with reference to which his information and
testimony were given, subject to the following conditions: (a) the information and testimony
are necessary for the conviction of the accused; and (b) such information and testimony
are not yet in the possession of the state.

Sec. 27. Mandatory Services. To ensure recovery, rehabilitation and reintegration into the
society, concerned government agencies shall make available the following services to
trafficked persons: (a) emergency shelter or appropriate housing; (b) counselling; (c) free
legal services which shall include information about the victims’ rights and the procedure
for filing complaints, claiming compensation and such other legal remedies available to
them, in a language understood by the trafficked person; (d) medical or psychological
services; (e) wage employment facilitation assistance, livelihood and skills training; and (f)
educational assistance to a trafficked child.

Sec. 28. Incentive Scheme. - The Inter-Agency Council Against Trafficking (IACAT shall
institute an incentive scheme whereby monetary rewards may be given to persons who
provide vital information that lead to the prevention or suppression of trafficking activities
and to the apprehension of offenders involved therein.

Article VIII
CONFIDENTIALITY

Sec. 29. Confidentiality. At any stage of the investigation, prosecution and trial of an
offense under this Act, law enforcement officers, prosecutors, judges, court personnel and
medical practitioners, as well as parties to the case, shall recognize the right to privacy and
right to confidentiality of information of the trafficked person and the accused. Towards this
end, law enforcement officers, prosecutors and judges to whom the complaint has been
referred may, whenever necessary to ensure a fair and impartial proceeding, and after
considering all circumstances for the best interest of the parties, order a closed-door
investigation, prosecution or trial. The name and personal circumstances of the trafficked
person or of the accused, or any other information tending to establish their identities and
such circumstances or information shall not be disclosed to the public.

In cases when the prosecution or trial is conducted behind closed doors, it shall be unlawful
for any editor, publisher, reporter or columnist in case of printed materials, announcer or
producer in case of television and radio, producer and director of a film in case of the
movie industry, or any person utilizing tri-media or information technology to cause undue
and sensationalized publicity of any case of violation of this Act which results in moral
degradation and suffering of the offended party.

Article IX
OFFENSES AND PENALTIES

Sec. 30. Trafficking in Persons for the Sale or Removal of organs. Any person, natural or
juridical, who recruits, hires, adopts, transports or abducts 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 shall suffer the penalty of imprisonment of twenty (20) years
and a fine of not less than One million pesos (P1,000,000.00) but not more than Two million
pesos (P2,000,000.00).

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Sec. 31. Acts that Promote Trafficking in Persons. Any person, natural or juridical, who shall
commit the following acts which promote or facilitate trafficking in persons, shall be
penalized with the penalty of imprisonment of fifteen (15) years and a fine of not less than
Five hundred thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00):

(a) To knowingly lease or sublease, use or allow to be used any house, building or
establishment for the purpose of promoting trafficking in persons; and

(b) 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 or any brochure, flyer, or any propaganda
material that promotes trafficking in persons.

Sec. 32. Qualified Trafficking in Persons. The following are considered as qualified trafficking
and shall be penalized with the penalty of life imprisonment and a fine of not less than Two
million pesos (2,000,000.00) but not more than Five million pesos (5,000,000.00);

(a) When the trafficked person is a child;

(b) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed
committed by a syndicate if carried out by a group of three (3) or more persons conspiring
or confederating with one another. It is deemed committed in large scale if committed
against three (3) or more persons, individually or as a group;

(c) When the offender is an ascendant, parent, sibling, guardian or a person who exercises
authority over the trafficked person or when the offense is committed by a public officer or
employee;

(d) When the offender is a member of the military or law enforcement agencies; and

(e) When by reason or on occasion of the act of trafficking in persons, the offended party
dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus
(HIV) or the Acquired Immune Deficiency Syndrome (AIDS).

Sec. 33. Violation of Confidentiality Provisions. Any person who violates Section 7 of the Act
and Section 27, Article VIII hereof shall suffer the penalty of imprisonment of six (6) years
and a fine not less than Five hundred thousand pesos (P500,000.00) but not more than One
million pesos (P1,000,000.00).

Sec. 34. Application of Penalties and Other Sanctions. The following shall be applied in the
imposition of penalties:

(a) If the offender is a corporation, partnership, association, club, establishment or any

juridical person, the penalty shall be imposed upon the owner, president, partner,
manager, and/or any responsible officer who participated in the commission of the crime
or who shall have knowingly permitted or failed to prevent its commission;

(b) The registration with the Securities and Exchange Commission (SEC) and license to
operate of the erring agency, corporation, association, or establishment shall be cancelled

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and revoked permanently. The owner, president, partner or manager thereof shall not be
allowed to operate similar establishment in a different name;

(c) If the offender is a foreigner, he shall be immediately deported after serving his
sentence and be barred permanently from entering the country;

Article X
FUNDING

Sec. 35. Inclusion in the Agency Appropriation. The heads of department and agencies
concerned shall immediately include in their annual appropriation the funding necessary
to implement programs and services required under the Act and this Rule.

Article XI
FINAL PROVISIONS

Sec. 36. Saving Clause. The Rules and Regulations Implementing the Anti-Trafficking in
Persons Act of 2003 shall remain applicable and shall not in any way be amended or
repealed by these related rules and regulations.

Sec. 37. Separability Clause. The declaration of invalidity of any provision of these rules and
regulations or part thereof shall not affect the validity of the remaining provisions.

Sec. 38. Repealing Clause. Pertinent provisions of all laws, presidential decrees, executive
orders and rules and regulations, or parts thereof, contrary to or inconsistent with the
provisions of the Act and these rules and regulations are hereby repealed or modified
accordingly.

Sec. 39. Effectivity. These rules and regulations shall take effect fifteen (15) days after its
complete publication in at least two (2) newspapers of general circulation.

CONFORME:

HON. ESPERANZA I. CABRAL, MD

Secretary, Department of Social Welfare
and Development

HON. RAUL M. GONZALES

Secretary, Department of Justice

HON. FRANCISCO T. DUQUE III, MD. MSc

Secretary, Department of Health

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CONFORME:

HON. ALBERTO G. ROMULO

Secretary, Department of Foreign Affairs

HON. MARIANITO D. ROQUE

Secretary, Department of Labor and Employment

HON. RONALDO V. PUNO

Secretary, Department of Interior and Local Government

ATTY. JENNIFER MANALILI

Administrator, Philippine Overseas Employment Agency

COM. MARCELINO C. LIBANAN

Commissioner, Bureau of Immigration

DIR. JESUS AME VERSOZA

Director General, Philippine National Police

DIR. NESTOR M. MANTARING

Director, National Bureau of Investigation

DIR. ROLANDO C. GARCIA

Executive Director, Philippine Center on Transnational Crime

MS. MYRNA T. YAO

Chairperson, National Commission on the Role of Filipino Women

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MS. AMIHAN V. ABUEVA
Chairperson, ECPAT-Philippines

MS. JEAN ENRIQUEZ

Executive Director, Coalition Against Trafficking in Women-Asia Pacific

MR. ISIDRO ALIGADA

Representative, OFW Sector

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