Salient Features

of
RA No. 9208
as amended by
RA No. 10364
By: ATTY. JANET M. FRANCISCO
EX-O AHTRAD

TIP Definition
& Elements
RECRUITMENT
BY
COERCION

ACT
Recruitment
Transportation
Transfer
Harboring
Receipt
Obtaining
Hiring
Providing
Maintaining

----------------------With or without
the victims
consent
Within or across
national borders

MEANS

RECRUITMENT BY

Threat
DECEPTION
Use of force
PURPOSE (Exploita
Other forms of
Exploitation or the
coercion RECRUITMENT
BY
prostitution
of other
Abduction
or other forms of sex
ABUSE OF
Fraud
exploitation
VULNERABILITY
Deception
Forced labor or servi
Abuse of power
Slavery
Abuse of position
Servitude
of vulnerability
Removal or sale of
Giving or receiving
organs
payment to achieve
------------------------consent of a person
having control over
another

-----------------------------Not required if

Vulnerability defined

Any situation in which the person involvedSOME

has no
INDICATO
real and acceptable alternative but to submit
to the BY A
RECRUITMENT
abuse involved (UNODC)
VULNERABIL
Abuse of difficult fam
situation
Some conditions/factors: minority; gender;
poverty;
Abuse
of illegal stat
social and cultural exclusion; access to
education;
Abuse of lack of edu
war and conflict; demand,etc.
(language)
Abuse of lack of info
A condition resulting from how individuals
Control of
negatively experience the complex interaction
of exploiters
Economic reasons
social cultural, economic, political and environmental
Personal situation
factors that create the context for their
Psychological and em
communities. (UNODC)
dependency
Difficulties in the pa
It is not a static, absolute state, but one that
changes according to context as well as the capacity
for individual response.

What is CHILD TRAFFICKING?

ACT
Recruitment
Transportation
Transfer
Harborintainigg
Receipt
Obtaining
Hiring
Providing
Maintaining
Adotion induced
by any form of
consideration

----------------------Introducing or
matching for
marriage
Offering or
contracting
marriage
Maintaining/hirin

+
With or
without
the victims
consent
Within or
across

PURPOSE
(Exploitation)
Exploitation or the
prostitution of
others
or other forms of
sexual
exploitation
Forced labor or
services
Slavery
Servitude
Removal or sale of
organs
----------------------------

Who can
file?
Survivor;

Where
and
can
Anybody
you
who has
personal
file?
knowledge
When
can you
+ from the
file? 10 years
time survivor is
released from
bondage
20 years for large

(1) The
offense was
committed;
(2) Any of its
elements
occurred; or
(3) The
trafficked
person
actually
resides at
the time of
the
commission

Typical
Victim
12-22 years old
Mostly girls
Comes from poor barangays
First-timer in the big city
Willing to take risks
Advanced payment
No clear information about their destination, work
and employers except that they will be earning big
salaries
Regroup recruits
Recruitment Practices:
in transit
1.By Violence
2.By Deception
3.By Abuse of vulnerabilities

USUAL PARTICIPANTS IN THE

TRAFFICKING PROCESS
Managers:

Those who finance the

trafficking enterprise and profit from
it

Recruiters:

Those who recruit new

clients either by word of mouth, home
visits, scouting, printed ads, leaflets
or internet posting (Headhunters)

 Escorts:

those
responsible
for
transporting the recruited persons
from the place of recruitment to the
place of exploitation

Navigators/Facilitators:

those who
make arrangements in the locality
including bribing local officials or law
enforcers

Logistic

supporters:
those
who
provide housing and food for the
trafficked person

 Exploiters:

those who put

trafficked persons to work

the

Money

launderers: those who see

to the re-entry of money from
trafficking into the stream of
legitimate economy and commerce

Corrupt

public officials: those in

government who lend aid and
support to the trafficking enterprise

PUNISHABLE ACTS

SECTION 4

- Acts of trafficking in persons

SECTION 5

- Acts that promote trafficking in persons

SECTION 7

- Violation of the Confidentiality Rule

SECTION 11

- Use of trafficked persons for prostitution

SECTION 6

- Qualified Trafficking

Recruits, moves, receives, or harbors a person under

the pretext of employment or training here or abroad;
Acts as matchmaker for marriage between a Filipino and
a foreigner;
Offers or contracts marriage, real or simulated;
Facilitates adoption;
Organizes tours that actually offers persons for sexual
exploitation;
Maintains/hires a person to engage in prostitution or
pornography;
Recruits, transports, abducts a person by force for the
purpose of removing any body organ;
Recruits, transport, or adopts a child to engage in
armed activities here and/or abroad; for prostitution,
production of pornography or pornographic
performances

Sec. 5 - Acts that promote

trafficking in persons Penalty: 15

Gives consent/permission
by lease or sub-lease Fine
to use any house or building
years/500T1M
for the purpose of TIP
Assist or issues in the conduct of misrepresentation or fraud for the purposes
of facilitating the acquisition of clearances and necessary exit documents +
purpose of promoting TIP
Engages in any media production, including use of internet that promotes TIP
Facilitates, assists entry or exit of persons at the airports, seaports and
territorial boundaries who have fake/tampered documents + purpose of
promoting TIP
Confiscates, conceals, destroys posses actual or purported passport,
immigration, travel documents or government documents in order to restrict
the persons liberty to move or travel to maintain her or his labor or services.
Knowingly benefit from, financial or otherwise the labor or services of a
trafficked person held to a condition of involuntary servitude, forced labor, or
slavery
To tamper or cause the destruction of evidence or influence or attempt to
influence a witness in an investigation or prosecution
To utilize his or her office to impede investigation, prosecution or execution of
lawful order

Penalizes offender in cases where there are overt

acts that initiates trafficking but failed to execute
all the elements trafficking by accident or reason
other than voluntary desistance of the offender.
Attempted Trafficking is presumed when the
victim is a CHILD, IF:
Facilitating the travel of a child who travels
alone in a foreign country without justifiable
reasons or clearance from the DSWD or permit
from the childs parent.
Execution, for consideration, of affidavit of
consent of adoption;
Recruiting a woman to bear a child for the
purpose of selling the child

Established the liability of persons who

knowingly aids or conspire with the offender to
commit trafficking in persons.

Whoever has the knowledge of the commission of

the crime, and without having participated
therein, either as principal or as accomplices take
part of its commission in any of the following
manner:
1.By profiting themselves or assisting the
offender to profit by the effects of the crime.
2.By concealing or destroying the body of the
crime or effects or instruments thereof, in order
to prevent its discovery.
3.By harboring, concealing or assisting in the
escape of the principal of the crime, provided the
accessory acts with abuse of his public functions

Section 6 - Qualified Trafficking

Penalty: Life Imprisonment/2M-5M
Trafficked person is a child
Fine

Adoption is effected through RA 8043 (Inter-country Adoption Law)

Committed by a syndicate or in large scale
Offender is an ascendant, spouse, parent, sibling, guardian or a
person exercising authority over the trafficked person or when
offense is committed by a public officer or employee
Engagement in prostitution with any member of the military or law
enforcement agencies
Offender is a member of the military or law enforcement agencies
Trafficked person, by reason or on occasion of the act of trafficking,
dies, becomes insane, suffers mutilation or afflicted with HIV or AIDS
When the offender commits one or more violations of SECTION 4
over a period of 60 or more days, whether those days are
continuous or not
When a person directs or through another manages the trafficking
victim in carrying out the exploitative purpose of trafficking.

Section 7 - Violation of
confidentiality

Penalty: 6 years/500T1M Fine

The right to privacy of the trafficked person shall be

recognized at any stage of the investigation,
prosecution and trial.
A closed-door investigation, prosecution or trial may
be ordered by the police, prosecutor or judge
The name and personal circumstances of the
trafficked person or of the accused, or any information
tending to establish their identities and such
circumstances shall not be disclosed to the public.
When prosecution or trial is conducted behind closed
doors, tri-media is prohibited to cause publicity
Victim is given the option to waive said confidentiality
upon his or her written notarized consent

Section 8 Initiation and prosecution of

TIP cases

INITIATION: LEAs are mandated to immediately initiate

investigation and counter-trafficking-intelligence gathering
upon receipt of statements or affidavit from victims of
trafficking, migrant workers, or their families who are in
possession of knowledge or information about trafficking in
persons cases.
AFFIDAVIT OF DESISTANCE: Cases involving TIP 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 11 - Use of trafficked

person

PENALTY: 15 years ( to Prision

Correccional in its maximum period to
Prision Mayor)

Buying or engaging the services of a

trafficked person for prostitution is
punishable

PENALTY: Reclusion temporal in its

medium period to reclusion perpetua and
a fine of 500T to 1M

Involves sexual intercourse or

lascivious conduct with a child

Section 17- Legal Protection to

Trafficked Persons
Section 17-A Temporary Custody and
Interim Protection DSWD or any
accredited or licensed shelter
institution
Section 17-B Irrelevance of past
sexual behavior, reputation or
consent of victims
Section 17-C Immunity from Suit of

Section 26-A Extraterritorial

Jurisdiction
Philippines has jurisdiction for acts
of trafficking committed outside the
country, taking into consideration
that trafficking is a continuing
offense, if the accused is:
1. A Filipino citizen;
2. Permanent resident of the
Philippines;
3. has committed the act against a

Thank You
Special Thanks to Atty. John Rio A.Bautista , of POEA for his invaluable
contribution to the core lecture and reference.