Special Penal Laws

What is the Anti-Trafficking in Persons Act of 2003? institutes government policies to eliminate trafficking in persons, especially women and children. It establishes the necessary mechanisms to protect and support trafficked persons, and provides penalties for violators.

Trafficking in Persons vs. Illegal Recruitment Trafficking in Persons May or may not involve coercion, fraud, deception, abuse of vulnerability, etc. It is characterized by subsequent exploitation after the illegal entry of one person from one place to another or one country to another There is a need to prove the presence of exploitation or that the recruitment was facilitated for the purpose of exploitation It is considered a human rights issue With higher penalty: Life imprisonment for qualified trafficking 20 years maximum for regular trafficking Illegal Recruitment Does not usually involve coercion but uses more deception, promises and fraud It is characterized by facilitating entry of one person from one country to another through an unauthorized or unlicensed agency Mere recruitment without license is punishable, no need to prove the consequential exploitation It is a migration concern With lower penalty: Life imprisonment only when large scale or syndicated 12 years maximum for regular illegal recruitment

Declaration of Policy: State values the dignity of every human person and guarantees the respect of individual rights. Recognize the equal rights and inherent human dignity of women and men as enshrined in the UN Declaration of Human Rights.

Definition of Terms:

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.

Three Elements of Trafficking In Persons: [AME] 1. The offender committed act of recruitment, transportation, transfer or harboring, or receipt of persons with or without the victims consent or knowledge, within or across national borders.

R.A. 9208

Anti-Trafficking In Persons Act of 2003

Trafficking in Persons 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 exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.

Trafficking in Persons vs. Human Smuggling Trafficking in Persons Usually involves coercion Characterized by subsequent exploitation after the illegal entry of a person into a foreign country Considered a human rights issue Human Smuggling Usually does not involve coercion Characterized by facilitating, for a fee, the illegal entry of a person into a foreign country Considered a migration concern

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2.

3.

The offender committed the act of trafficking 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, giving or receiving of payments or benefits to achieve the consent of a person having control over another person. The offender committed the acts of trafficking for exploitative purpose.

7.

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labor, slavery, involuntary servitude or debt bondage; Recruiting, hiring, adopting, transporting or abducting 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; and Recruiting, transporting or adopting a child to engage in armed activities in the Philippines or abroad.

Three categories of Trafficking in Persons 1. 2. 3. Acts of trafficking in persons Acts that promote trafficking in persons Qualified trafficking in persons

Acts that Promote Trafficking in Persons 1. 2. Knowingly leasing or subleasing property for trafficking purposes; Producing, printing, issuing or distributing un-issued, tampered or fake counseling certificates, registration stickers and certificates of any government agency used for regulatory and pre-departure requirements for the purpose of promoting trafficking in persons; Advertising, publishing, printing, broadcasting or distributing by any means, including the use of information technology and the internet, of any propaganda material that promotes trafficking in persons; Assisting in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies for the purpose of promoting trafficking in persons; Facilitating, assisting or helping 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 un-issued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons; Confiscating, concealing, or destroying 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 seeking redress from the government or appropriate agencies; and

Acts of Trafficking in Persons 1. Recruiting, transporting, transferring, harboring, providing or receiving a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; Introducing or matching for money or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipina, to a foreigner, for marriage for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; Offering or contracting marriage, real or simulated, for the purpose of prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage; Undertaking or organizing tours and travel plans consisting of tourism packages or activities for the purpose of prostitution, pornography or sexual exploitation; Maintaining or hiring a person to engage in prostitution or pornography; Adopting or facilitating the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced

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R.A. 9208

Anti-Trafficking In Persons Act of 2003

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Knowingly benefiting from, financial otherwise, or making use of the labor services of a person held to a condition involuntary servitude, forced labor slavery.

or or of or

b. c.

the parents, spouse, siblings, children or legal guardian of the trafficked person; and anyone who has personal knowledge of the commission of any offense under R.A. 9208.

Qualified trafficking in person is committed when: 1. 2. The trafficked person is below 18 years old; The adoption is effected through Republic Act No. 8043 or the Inter-Country Adoption Act of 1995 and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; The crime is committed by a syndicate, or in large scale; 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; The trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies; The offender is a member of the military or law enforcement agencies; and 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 Acquired Immune Deficiency Syndrome (AIDS).

Where to File? a. b. c. where the offense was committed; where any of the elements of the offense occured; or where the trafficked person resides at the time of the commission of the crime.

Prescriptive period for filing of case: Trafficking cases can be filed within 10 years after they are committed. If trafficking is committed by a syndicate or on a large scale, cases can be filed within 20 years after the commission of the act.

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tn: The so-called prescriptive period is counted from the day the trafficked person is delivered or released from the conditions of bondage.

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Penalties for violations of R.A. 9208:

Act Acts of Trafficking

When is trafficking considered a large scale or committed by a syndicate? 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.

Qualified Trafficking

Breach of Confidentiality Clause

Use of Person

Trafficked

Who may File? a. the trafficked person;

R.A. 9208

Anti-Trafficking In Persons Act of 2003

Acts that Trafficking

Promote

Penalty 20 years imprisonment and a fine of P1 Million to P2 Million 15 years imprisonment and a fine of P500,000 to P1 Million Life imprisonment and a fine of P2 Million to P5 Million Six (6) years imprisonment and a fine of P500,000 to P1 Million 1st offense: Six (6) months community serivice and a fine of P50,000 2nd and subsequent offenses:

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One (1) year imprisonment and a fine of P100,000

Who may be punished for trafficking in persons? Any person, natural or juridical, found guilty of trafficking under R.A. 9208 may be punished. 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 knowingly permitted or failed to prevent its commission. If the offender is a foreigner, he or she shall be immediately deported after serving his/her sentence and barred from entering the country.

All fines imposed, and the proceeds and properties forfeited and confiscated pursuant to R.A. 9208 shall accrue to a trust fund to be administered and managed by the Inter-Agency Council Against Trafficking. These shall be used exclusively for programs that will prevent acts of trafficking, and will protect, rehabilitate and reintegrate trafficked persons into the mainstream of society.

Inter-Agency Council Against Trafficking (IACAT): is the primary body mandated to coordinate, monitor and oversee the implementation of R.A. 9208. It is composed of the heads of the following departments/agencies: a. Department of Justice (DOJ), Chair b. Department of Social Welfare and c. Development (DSWD), Co-Chair d. Department of Foreign Affairs (DFA) e. Department of Labor and Employment (DOLE) f. Philippine Overseas Employment g. Administration (POEA) h. Bureau of Immigration (BI) i. Philippine National Police (PNP) j. National Commission on the Role of Filipino Women (NCRFW) k. Three (3) representatives from NGOs, who shall be composed of one (1) representative each from among the sectors representing women, overseas Filipino workers (OFWs) and children. These representatives are nominated by the government agency representatives of the Council, for appointment by the President for a term of three (3) years.

What protection is given to trafficked persons under R.A. 9208? Trafficked persons are recognized as victims and shall not be penalized for crimes directly related to the acts of trafficking or in obedience to the order of the trafficker. The consent of the victim to the intended exploitation is irrelevant. Victims are also entitled to the witness protection program provided under R.A. 6981.

Trafficking victims living in other countries, whether documented or not, may be repatriated. The Department of Foreign Affairs shall be responsible for repatriating trafficked victims. If, however, the repatriation of trafficked persons shall expose them to greater risks, the DFA shall make representations with the host government for the extension of appropriate residency permits and protection of the victim.

Task Force Against Human Trafficking (TFHT): is an inter-agency body created by Executive Order No. 548-A. It is based at the Commission on Filipinos Overseas (CFO) and complements the functions of the IACAT. The TFHT is composed of the CFO as Chair, and members from the National Bureau of Investigation, the Philippine National Police, and other

What happens to the fines, proceeds and properties derived from trafficking in persons?

R.A. 9208

Anti-Trafficking In Persons Act of 2003

What happens to Filipino victims of trafficking living in other countries?

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relevant government agencies as may be determined by the CFO Chairman. TFHT has the following functions: a. Recommend to the IACAT policies, programs and services to enhance government initiatives against trafficking in persons; Conduct surveillance and entrapment operations in consultation and coordination with the IACAT; Cause or direct the immediate apprehension, investigation and speedy prosecution of persons involved in, or of cases involving trafficking in persons, and monitor progress of such cases; Provide adequate legal, psycho-social and other forms of assistance to trafficked persons, subject to rules and regulations as may be implemented; Consolidate various sources of data and statistics on trafficking, and establish a comprehensive databank for the effective monitoring, documentation and prosecution of trafficking incidents; Conduct a community education and information campaign program against trafficking in persons; and Perform such other acts as may be necessary for the effective discharge of its functions and responsibilities.

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Any person who, not being included in the provisions of other articles of this Code, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose; Prostitutes.

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For the purposes of this article, women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct, are deemed to be prostitutes. Any person found guilty of any of the offenses covered by this articles shall be punished by arresto menor or a fine not exceeding 200 pesos, and in case of recidivism, by arresto mayor in its medium period to prison correccional in its minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court.

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Revised Penal Code Article 341 Penal Code article 341 imposes a penalty to any person who shall engage in the business or shall profit by prostitution or shall enlist the services of any other person for the purpose of prostitution."

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Related Laws:

Revised Penal Code Article 202 Vagrants and prostitutes; penalty. The following are vagrants: 1. Any person having no apparent means of subsistence, who has the physical ability to work and who neglects to apply himself or herself to some lawful calling; 2. Any person found loitering about public or semi-public buildings or places or trampling or wandering about the country or the streets without visible means of support; 3. Any idle or dissolute person who ledges in houses of ill fame; ruffians or pimps and those who habitually associate with prostitutes;

R.A. 9208

Anti-Trafficking In Persons Act of 2003

Republic Act 9208 Section 4 of Republic Act 9208, otherwise known as the "Anti-Trafficking in Persons Act of 2003", deems it unlawful for any person, natural or juridical, to commit any of the following acts: a. To recruit, transport, transfer, harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; b. To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino women to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

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c.

d.

e. f.

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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; To maintain or hire a person to engage in prostitution or pornography; 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 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; and To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.

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Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution. Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse; Provided, That when the victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period; and Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment.

Republic Act 7610 - Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act Sec. 5. Child Prostitution and Other Sexual Abuse. Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse. The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following: a. Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following: 1. Acting as a procurer of a child prostitute; 2. Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means; 3. Taking advantage of influence or relationship to procure a child as prostitute; 4. Threatening or using violence towards a child to engage him as a prostitute; or

Republic Act 6955 - Mail-order brides RA 6955 basically declares as unlawful "the practice of matching Filipino women for marriage to foreign nationals on a mail order basis."[92] [93]

R.A. 9208

Anti-Trafficking In Persons Act of 2003

Sec. 6. Attempt To Commit Child Prostitution. There is an attempt to commit child prostitution under Section 5, paragraph (a) hereof when any person who, not being a relative of a child, is found alone with the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse. There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments. A penalty lower by two (2) degrees than that prescribed for the consummated felony under Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime of child prostitution under this Act, or, in the proper case, under the Revised Penal Code.

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Republic Act 8042 - Migrant Workers and Overseas Filipinos Act RA 8042 (Long title: An Act to Institute the Policies of Overseas Employment and Establish a Higher Standard of Protection and Promotion of The Welfare of Migrant Workers, Their Families and Overseas Filipinos in Distress, and for Other Purposes.) The act contains provisions which regulate the recruitment of overseas workers; mandate establishment of a mechanism for free legal assistance for victims of illegal recruitment; direct all embassies and consular offices to issue travel advisories or disseminate information on labor and employment conditions, migration realities and other facts; regulate repatriation of workers in ordinary cases and provide a mechanism for repatriation in extraordinary cases; mandate establishment of a Migrant Workers and Other Overseas Filipinos Resource Center to provide social services to returning worker and other migrants; mandate the establishment of a Migrant Workers Loan Guarantee Fund to provide pre-departure and family assistance loans; establishes a legal assistance fund for migrant workers; and other provisions related to Filipino migrant workers. The act, approved on June 7, 1995, mandates that pursuant to the objectives of deregulation the Department of Labor and Employment (DOLE) shall, within a period of five (5) years, phase-out the regulatory functions of the Philippine Overseas Employment Administration (POEA).

protection." The National Bureau of Investigation (Philippines) reported "more than 400,000 persons from both government and non-government organizations who are victims of trafficking and almost 100,000 of these victims are children." CruzGonzales said: "As of last year, only a little over a thousand cases were officially reported."

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House Resolution No. 779 House of Representatives of the Philippines Citizen's Battle Against Corruption (CIBAC) Reps. Emmanuel Joel Villanueva and Cinchona CruzGonzales, on September 24, filed House Resolution No. 779 to intensify the fight against human trafficking on all levels, from legislation, policy formulation, enforcement and prosecution, to rehabilitation and support for victims. Villanueva said: "Human trafficking is fast becoming a major transnational crime next only to the illegal drugs trade and illegal arms trade. Most of the victims of trafficking are being exploited as commercial sex workers, forced laborers and even unwilling organ donors. We must consider the reports of the victims that lack of funds and resources are key problems in the full implementation of the Anti-Trafficking of Persons Act, including the necessary support and

R.A. 9208

Anti-Trafficking In Persons Act of 2003