RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO.

9208, OTHERWISE KNOWN AS THE ANTI-TRAFFICKING IN PERSONS ACT OF 2003 Pursuant to the authority of the Inter-Agency Council Against Trafficking (IACAT) under Section 29 of Repu lic Act !o" 92#$ other%ise kno%n as the &AntiTrafficking in Persons Act of 2##'() the follo%ing rules and regulations are here y pro*ulgated to i*ple*ent the pro+isions of said Act, A !"#$% I GENERAL PRO&ISIONS Sec" -" Title" These rules and regulations shall e kno%n and cited as &The Rules and Regulations I*ple*enting the Anti-Trafficking in Persons Act of 2##'(" Sec" 2" Purpose. These rules and regulations are here y pro*ulgated to institute policies) esta lish the institutional *echanis* for the support and protection of trafficked persons and prescri e the procedures and guidelines for the i*ple*entation of Repu lic Act !o" 92#$ in order to facilitate co*pliance there%ith and achie+e the o .ecti+es thereof" Sec" '" Declaration of State Policy. The State +alues the dignity of e+ery hu*an person and guarantees the respect for indi+idual rights" To%ards this end) the State shall gi+e the highest priority to the enact*ent of *easures and de+elop*ent of progra*s that %ill pro*ote hu*an dignity) protect the people fro* any threat of +iolence and e/ploitation) eli*inate trafficking in persons) and *itigate pressures for in+oluntary *igration and ser+itude of persons) not only to support trafficked persons ut *ore i*portantly) to ensure their reco+ery) reha ilitation and reintegration into the *ainstrea* of society" The State also recogni0es the e1ual rights and inherent hu*an dignity of %o*en and *en) as %ell as the rights of children) as enshrined and guaranteed in the follo%ing international instru*ents, (i) 2ni+ersal 3eclaration on 4u*an Rights5 (ii) Con+ention for the Suppression of the Traffic in Persons and 6/ploitation of the Prostitution of 7thers5 (iii) Con+ention on the 6li*ination of All 8or*s of 3iscri*ination Against 9o*en5 (i+) Con+ention on the Rights of the Child and its7ptional Protocols5 (+) Con+ention on the Protection of :igrant 9orkers and :e* ers of their 8a*ilies5 (+i) Con+ention Against Transnational 7rgani0edCri*es including its Protocol to Pre+ent)Suppress and Punish Trafficking in Persons) 6specially 9o*en and Children5

(+ii) (+iii)

I;7 Con+ention !o" -$2 (Con+ention Concerning the Prohi ition and I**ediate Action for the 6li*ination of the 9orst 8or*s of Child ;a or)5 and All other rele+ant and uni+ersally accepted hu*an rights instru*ents and other international con+entions to %hich the Philippines is a State Party" In all actions concerning children) their est interests shall e the para*ount consideration"

Sec" <" Construction. These rules and regulations shall e li erally construed in fa+or of the trafficked persons to pro*ote their hu*an dignity5 ensure their reco+ery) reha ilitation and reintegration into the *ainstrea* of society5 eli*inate trafficking in persons5 and achie+e the o .ecti+es of the Act" A !"#$% II DEFINITION OF TERMS Sec" =" Definition of Terms. As used in these rules and regulations) unless the conte/t other%ise re1uires) the follo%ing ter*s shall e understood to *ean, (a) Act > refers to Repu lic Act !o" 92#$) other%ise kno%n as the &Anti-Trafficking in Persons Act of 2##'(5 ( ) Council > refers to the Inter-Agency Council Against Trafficking (IACAT) created under Section 2# of the Act5 (c) Trafficking in Persons > refers to the recruit*ent) transportation) transfer or har oring) or receipt of persons) %ith or %ithout the +icti*?s consent or kno%ledge) %ithin or across national orders y *eans of threat or use of force) or other for*s of coercion) a duction) fraud) deception) a use of po%er or of position) taking ad+antage of the +ulnera ility of the person) or) the gi+ing or recei+ing of pay*ents or enefits to achie+e the consent of a person ha+ing control o+er another person for the purpose of e/ploitation %hich includes at a *ini*u*) the e/ploitation or the prostitution of others or other for*s of se/ual e/ploitation) forced la or or ser+ices) sla+ery) ser+itude or the re*o+al or sale of organs" The recruit*ent) transportation) transfer) har oring or receipt of a child for the purpose of e/ploitation shall also e considered as &trafficking in persons( e+en if it does not in+ol+e any of the *eans set forth in the preceding paragraph" (d) Child > refers to a person elo% eighteen (-$) years of age or one %ho is o+er eighteen (-$) ut is una le to fully take care of or protect hi*self@herself fro* a use) neglect) cruelty) e/ploitation) or discri*ination ecause of a physical or *ental disa ility or condition5

(e) Prostitution > refers to any act) transaction) sche*e or design in+ol+ing the use of a person y another) for se/ual intercourse or lasci+ious conduct in e/change for *oney) profit or any other consideration5 (f) Forced Labor and Slavery > refer to the e/traction of %ork or ser+ices fro* any person y *eans of entice*ent) +iolence) inti*idation or threat) use of force or coercion) including depri+ation of freedo*) a use of authority or *oral ascendancy) de t- ondage or deception5 (g) Sex Tourism > refers to a progra* organi0ed y tra+el and touris*-related esta lish*ents and indi+iduals %hich consists of touris* packages or acti+ities) utili0ing and offering escort and se/ual ser+ices as entice*ent for tourists" This includes se/ual ser+ices and practices offered during rest and recreation periods for *e* ers of the *ilitary5 (h) Sexual Exploitation > refers to participation y a person in prostitution or the production of pornographic *aterials as a result of eing su .ected to a threat) deception) coercion) a duction) force) a use of authority) de t ondage) fraud or through a use of a +icti*?s +ulnera ility5 (i) ebt !ondage > refers to the pledging y the de tor of his@her personal ser+ices or la or or those of a person under his@her control as security or pay*ent for a de t) %hen the length and nature of ser+ices is not clearly defined or %hen the +alue of the ser+ices as reasona ly assessed is not applied to%ard the li1uidation of the de t5 (.) Pornography > refers to any representation) through pu lication) e/hi ition) cine*atography) indecent sho%s) infor*ation technology) or y %hate+er *eans) of a person engaged in real or si*ulated e/plicit se/ual acti+ities or any representation of the se/ual parts of a person pri*arily for se/ual purposes5 and (k) "nvoluntary Servitude > refers to a condition of enforced) co*pulsory ser+ice induced y *eans of any sche*e) plan or pattern) intended to cause a person to elie+e that) if the person did not enter into or continue in such condition) that person or another person %ould suffer serious har* or other for*s of a use or physical restraint) or the a use or threatened a use of the legal process" A !"#$% III THE INTER-AGENC' COUNCIL AGAINST TRAFFICKING (IACAT) Sec" A" Creation. The Inter-Agency Council Against Trafficking (IACAT) shall e esta lished %hich shall e pri*arily tasked to coordinate) *onitor and o+ersee the i*ple*entation of the Act"

Sec" B" Composition. The Council shall e co*posed of the follo%ing, (a) Secretary) 3epart*ent of Custice (37C) as Chairperson5 ( ) Secretary) 3epart*ent of Social 9elfare and 3e+elop*ent (3S93) as CoChairperson5 (c) Secretary) 3epart*ent of 8oreign Affairs (38A) as :e* er5 (d) Secretary) 3epart*ent of ;a or and 6*ploy*ent (37;6) as :e* er5 (e) Ad*inistrator) Philippine 7+erseas 6*ploy*ent Ad*inistration (P76A) as :e* er5 (f) Co**issioner) Dureau of I**igration (DI) as :e* er5 (g) 3irector-Eeneral) Philippine !ational Police (P!P) as :e* er5 (h) Chairperson) !ational Co**ission on the Role of 8ilipino 9o*en (!CR89) as :e* er5 (i) 7ne (-) representati+e fro* an !E7 representingthe %o*en sector as :e* er5 (.) 7ne (-) representati+e fro* an !E7 representing he 7+erseas 8ilipino 9orkers (789s) sector as :e* er5 and (k) 7ne (-) representati+e fro* an !E7 representing he children sector as :e* er" The *e* ers of the Council *ay designate their per*anent representati+es %ho shall ha+e a rank not lo%er than an Assistant Secretary or its e1ui+alent to attend the *eetings of the Council" Sec" $" Qualifications, Selection and Appointment of NGO and its Representatives. The !E7s) %ith national and international net%orks) and its representati+es to the Council *ust ha+e a pro+en track record of in+ol+e*ent in the pre+ention and suppression of trafficking in persons" They shall e no*inated y any of the go+ern*ent agency representati+es of the Council and shall e selected y *a.ority +ote thereof and endorsed to the President" They shall e appointed y the President for a ter* of three (') years" Sec" 9" unctions of t!e Council. The Council shall ha+e the follo%ing po%ers and functions, (a) 8or*ulate a co*prehensi+e and integrated progra* to pre+ent and suppress the trafficking in persons5 ( ) Pro*ulgate rules and regulations as *ay e necessary for the effecti+e i*ple*entation of the Act5 (c) :onitor and o+ersee the strict i*ple*entation of the Act5 (d) Coordinate the progra*s and pro.ects of the +arious *e* er agencies to effecti+ely address the issues and pro le*s attendant to trafficking in persons5 (e) Coordinate the conduct of *assi+e infor*ation disse*ination and ca*paign on the e/istence of the la% and the +arious issues and pro le*s attendant to

trafficking through the local go+ern*ent units (;E2s)) concerned agencies) and !E7s5 (f) 3irect other agencies to i**ediately respond to the pro le*s rought to their attention and report to the Council on action taken5 (g) Assist in filing of cases against indi+iduals) agencies) institutions or esta lish*ents that +iolate the pro+isions of the Act5 (h) 8or*ulate a progra* for the reintegration of trafficked persons in cooperation %ith 37;6) 3S93) Technical 6ducation and Skills 3e+elop*ent Authority (T6S3A)) Co**ission on 4igher 6ducation (C463)) ;E2s and !E7s5 (i) Secure fro* any depart*ent) ureau) office) agency) or instru*entality of the go+ern*ent or fro* !E7s and other ci+ic organi0ations such assistance as *ay e needed to effecti+ely i*ple*ent the Act5 (.) Co*ple*ent the shared go+ern*ent infor*ation syste* for *igration esta lished under Repu lic Act !o" $#<2) other%ise kno%n as the &:igrant 9orkers and 7+erseas 8ilipinos Act of -99=( %ith data on cases of trafficking in persons) and ensure that the proper agencies conduct a continuing research and study on the patterns and sche*e of trafficking in persons %hich shall for* the asis for policy for*ulation and progra* direction5 (k) 3e+elop the *echanis* to ensure the ti*ely coordinated and effecti+e response to cases of trafficking in persons5 (l) Reco**end *easures to enhance cooperati+e efforts and *utual assistance a*ong foreign countries through ilateral and@or *ultilateral arrange*ents to pre+ent and suppress international trafficking in persons5 (*) Coordinate %ith the 3epart*ent of Transportation and Co**unications (37TC)) 3epart*ent of Trade and Industry (3TI)) and other !E7s in *onitoring the pro*otion of ad+ertise*ent of trafficking in the Internet5 (n) Adopt *easures and policies to protect the rights and needs of trafficked persons %ho are foreign nationals in the Philippines5 (o) Initiate training progra*s in identifying and ro+iding the necessary inter+ention or assistance to trafficked persons5 and (p) 6/ercise all the po%ers and perfor* such other functions necessary to attain the purposes and o .ecti+es of the Act" Sec" -#" Reportorial unction. 9ithin si/ty (A#) days after the closing of each calendar year) the Council shall su *it to the 7ffice of the President a co*prehensi+e report on the actions and progra*s taken y the Council relati+e to and concerning the i*ple*entation of the Act" Sec" --" "eetin#s of t!e Council. The Council shall *eet regularly at least once a *onth" Special *eetings *ay e called y the Chair as the need arises" :a.ority of the *e* ers of the Council shall constitute a 1uoru* to transact usiness"

Sec" -2" $onoraria or %moluments. The :e* ers of the Council or their designated per*anent representati+es shall recei+e honoraria or e*olu*ents as *ay e deter*ined y the Council in accordance %ith e/isting udget and accounting rules and regulations" Sec" -'" &mplementation of t!e 'a( at Su)*National and 'ocal 'evels. The Council shall) as far as practica le) de+elop *echanis*s to ensure the i*ple*entation of the la% and these rules and regulations at the su -national and local le+els A !"#$% I& SECRETARIAT S6C" -<" Or#ani+ation. The 3epart*ent of Custice shall esta lish a Secretariat to assist the Council in the perfor*ance of its functions" The Secretary of Custice shall deter*ine the organi0ational structure and staffing pattern of the Secretariat" Sec" -=" unctions. The Secretariat shall ha+e the follo%ing functions, (a) Coordinate and *onitor) under the direction of the Council) the i*ple*entation of the policies and guidelines pro*ulgated y the Council5 ( ) 6sta lish) *aintain and *anage a central data ase on trafficking in persons5 (c) Pro+ide secretariat) records keeping and other ser+ices to the Council5 and (d) Perfor* such other functions as *ay e directed y the Council" A !"#$% & ROLES AND RESPONSIBILITIES Sec" -A" Common Roles and Responsi)ilities of Council "em)er A#encies. All *e* er go+ern*ent agencies of the Council shall ha+e the follo%ing co**on roles and responsi ilities, (a) 3e+elop policies and progra*s supporti+e of and consistent %ith the o .ecti+es of the Act5 ( ) 6nhance the capa ility of its officers and personnel in+ol+ed in trafficking issues and concerns through appropriate training and staff support progra*s5 (c) 2ndertake infor*ation) education and ad+ocacy ca*paigns against trafficking in persons5 (d) :aintain a data ank on trafficking in persons to e shared a*ong rele+ant agencies and co*ple*ent the central data ank to e esta lished y the Council5 and (e) 3ocu*ent good practices as ases for policy for*ulation and progra* de+elop*ent" Sec" -B" Specific Roles and Responsi)ilities of National Government A#encies (!ic! are "em)ers of t!e Council. The follo%ing national

go+ern*ent agencies) %hich are *e* er agencies of the Council) shall ha+e) ut not li*ited to) the follo%ing roles and responsi ilities in the pre+ention and suppression of trafficking in persons, (a) 3epart*ent of Custice (37C) (i) 6nsure the prosecution of persons for +iolations of the Act5 (ii) 3esignate and train special prosecutors %ho shall in+estigate and prosecute cases of trafficking5 (iii) 6sta lish a *echanis* for free legal assistance for trafficked persons) in coordination %ith the 3S93) Co**ission on 4u*an Rights (C4R)) Integrated Dar of the Philippines (IDP) and other !E7s and +olunteer groups5 (i+) Pro+ide) %itness protection to trafficked +icti*s and their %itnesses5 (+) Conduct training and continuing education progra* on in+estigation and prosecution for trafficking in persons and other related offenses for prosecutors and la% enforce*ent officers5 (+i) Recei+e) e+aluate) process and in+estigate clai*s for co*pensation y trafficked +icti*s) %hen applica le) pursuant to Repu lic Act !o" B'#9 (Ficti*s Co*pensation Act)5 (+ii) Re+ie% and reco**end policies and *easures to enhance protection against trafficking in persons5 (+iii) Reco**end the negotiation of *utual legal assistance and e/tradition treaties %ith other countries in coordination %ith the 38A5 and (i/) Coordinate %ith and@or pro+ide assistance to the Anti-:oney ;aundering Council (A:;C) on cases of trafficking in persons %ith possi le *oney laundering underpinnings" ( ) 3epart*ent of Social 9elfare and 3e+elop*ent (3S93) (i) Pro+ide psycho-social counseling) te*porary shelter and other support ser+ices to +icti*s@sur+i+ors of trafficking and their fa*ilies5 (ii) :ake a+aila le skills training and li+elihood ser+ices to +icti*s@sur+i+ors of trafficking5 (iii) 3e+elop progra* and other support inter+entions to facilitate the reco+ery and reintegration of trafficked +icti*s into their fa*ilies and co**unities5 (i+) Pro+ide social %elfare ser+ices to 8ilipino +icti*s of trafficking in other countries through the 3S93 Social 9elfare AttachG and social %orkers posted in foreign countries) %hich *ay include ut not li*ited to stress *anage*ent) repatriation and other appropriate psychosocial inter+entions for their protection and %elfare5 (+) Conduct technical assistance and capa ility uilding acti+ities for social %elfare officers@social %orkers

of ;E2s and !E7s5 (+i) Accredit !E7s that pro+ide progra*s and ser+ices to ensure that they *eet the standards set y the 3epart*ent5 and (+ii) Pro+ide te*porary shelter and psycho-social ser+ices to foreign nationals %ho are +icti*s of trafficking in persons as confir*ed y the Dureau of I**igration" (c) 3epart*ent of 8oreign Affairs (38A) (i) :ake a+aila le its resources and facilities o+erseas and to pro+ide ser+ices for trafficked persons regardless of the *anner of their entry to the recei+ing country5 (ii) 6/plore *eans to further enhance its assistance in eli*inating trafficking acti+ities through closer net%orking %ith go+ern*ent agencies in the country and o+erseas) particularly in the for*ulation of policies and i*ple*entation of rele+ant progra*s5 (iii) Acti+ely participate in ilateral) regional and international initiati+es and cooperati+e arrange*ents ai*ed at suppressing trafficking in persons and protecting and assisting +icti*s of trafficking to include *onitoring of inter-country adoption cases" (i+) Take necessary *easures for the efficient i*ple*entation of the :achine Reada le Passports and Fisas to protect the integrity of Philippine passports) +isas) and other tra+el docu*ents to reduce the incidence of trafficking in persons through the use of fraudulent identification docu*ents5 (+) 6sta lish and i*ple*ent pre-*arriage) on-site and pre-departure counseling progra* on inter-*arriages" 8or this purpose) the 38A shall pro*ulgate the necessary guidelines to i*ple*ent the said progra*5 and (+i) Integrate into the pre-departure orientation se*inars for foreign ser+ice personnel a training *odule on trafficking in persons" (d) 3epart*ent of ;a or and 6*ploy*ent (37;6) (i) 6nsure the strict i*ple*entation of and co*pliance %ith rules and guidelines relati+e to the e*ploy*ent of persons locally and o+erseas5 and (ii) :onitor) docu*ent and report cases of trafficking in persons in+ol+ing e*ployers and la or recruiters5 (iii) :ake a+aila le e/isting resources such as e*ploy*ent and li+elihood progra*s as part of the go+ern*ent?s *easure to suppress trafficking in persons5 and (i+) Conduct pu lic a%areness progra*s and acti+ities to pre+ent +icti*i0ation"

(e) Philippine 7+erseas 6*ploy*ent Ad*inistration (P76A) (i) I*ple*ent an effecti+e pre-e*ploy*ent orientation se*inar and pre-departure counseling progra* to applicants for o+erseas e*ploy*ent5 (ii) 8or*ulate a syste* pro+iding free legal assistance to trafficked persons %hich shall include the follo%ing, (a) Pro+ision of legal assistance to +icti*s of trafficking in persons y *eans of) or in the guise of) recruit*ent for o+erseas e*ploy*ent) as defined in Section A of R"A" !o" $#<2) such as free legal ad+ice) assistance in the preparation and filing of ad*inistrati+e and cri*inal actions for trafficking as defined in the Act) %ithout pre.udice to the filing of ad*inistrati+e and@or cri*inal actions for illegal recruit*ent) as defined in R"A"!o" $#<2) %hen proper5 ( ) Assistance in the prosecution of persons %ho engage in) pro*ote and facilitate trafficking in persons y *eans of) or in the guise of) recruit*ent for o+erseas e*ploy*ent) as defined in Section A of R"A" $#<25 In this connection) the P76A shall like%ise adopt a policy of confidentiality in all cases referred to it in+ol+ing possi le +iolations of the Act" (iii) Adopt policies and procedures) prepare and i*ple*ent progra*s geared to%ards the eradication of trafficking in persons as %ell as acts that pro*ote trafficking in persons such as) ut not li*ited to) the follo%ing, (a) Co*prehensi+e and Integrated 6ducation Progra* on o+erseas e*ploy*ent %hich shall e undertaken in partnership %ith other rele+ant organi0ations and go+ern*ent entities" Such education progra* shall co+er all stages of recruit*ent and e*ploy*ent and shall pro+ide infor*ation useful for o+erseas %orkers including a *odule on anti-trafficking progra* and *easures5 ( ) !ation%ide *ulti-*edia and sustaina le grassroots infor*ation ca*paign to create pu lica%areness on the realities of o+erseas e*ploy*ent and dangers of eco*ing +icti*s of illegal trafficking acti+ities5 (c) Conduct special operations) co*ple*entary to the po%er of the P!P) on persons and entities engaged in recruit*ent for o+erseas e*ploy*ent reported to e +iolating the pro+isions of the Act for the purpose of

effecting closure of said esta lish*ents pursuant to the pro+isions of R"A" !o" $#<25 and (d) 3ata ase of cases in+ol+ing) and personalities in+ol+ed in) trafficking persons separate and distinct fro* its illegal Recruit*ent cases for *onitoring purposes5 (i+) In cases of repatriation in+ol+ing %orkers recruited and deployed y licensed agencies) the P76A shall notify the agency concerned to pro+ide a plane ticket or Prepaid Tra+el Ad+ice (PTA) and shall i*pose sanctions on said agencies for failure to cooperate in pro+iding %elfare assistance to 789s they ha+e deployed5 and (+) Continue to regulate pri+ate sector participation in the recruit*ent and o+erseas place*ent of %orkers through its licensing and registration syste* pursuant to its rules and regulation on o+erseas e*ploy*ent" It shall for*ulate and i*ple*ent) in coordination %ith appropriate entities concerned) %hen necessary) a syste* of pro*oting and *onitoring the o+erseas e*ploy*ent of 8ilipino %orkers) taking into consideration their %elfare and protection fro* the dangers and risks inherent in o+erseas e*ploy*ent) including illegal trafficking" (f) Dureau of I**igration (DI) (i) Strictly ad*inister and enforce i**igration and alien registration la%s5 (ii) Adopt *easures for the apprehension of suspected traffickers oth at the place of arri+al and departure5 (iii) 6nsure co*pliance y the 8ilipino fiancGs@ fiancGes and spouses of foreign nationals %ith the predeparture and counseling progra* re1uire*ent of the Act5 (i+) Strictly i*ple*ent the re1uire*ent for a parental tra+el authority duly processed y the 3S93 for *inors tra+eling a road unacco*panied y one parent) and the tra+el clearance for *inors tra+eling a road unacco*panied y oth parents5 (+) 6nsure co*pliance y 7+erseas 8ilipino 9orkers of the departure re1uire*ents of the P76A5 (+i) Conduct periodic training and se*inar on fraudulent docu*ent detection and passenger assess*ent to enhance the le+el of skill and co*petence of all its i**igration officers and agents in docu*ent fraud detection5 (+ii) Conduct periodic study of the trends) routes and *odus operandi e*ployed y the traffickers including its recruit*ent ase) transit countries and country of destination5 (+iii) 6sta lish a net%ork %ith other la% enforce*ent agencies and i**igration counterparts of

source) transit and destination countries to facilitate e/change and sharing of infor*ation on the acti+ities of trafficking syndicates5 (i/) 6sta lish net%ork %ith ;E2s for the effecti+e apprehension of suspected traffickers and their cohorts5 (/) 3e+elop a progra* for the procure*ent and installation of International Ci+il A+iation 7rgani0ation (ICA7) > co*pliant *achine readers and fraud detection e1uip*ent at all international airports and seaports in the country to deter trafficking in persons5 and (/i) 3e+elop and distri ute *aterials containing ad+isory and other pertinent infor*ation to enhance a%areness against trafficking in persons" (g) Philippine !ational Police (P!P) (i) 2ndertake sur+eillance) in+estigation and arrest of indi+iduals or persons suspected to e engaged in trafficking5 (ii) Coordinate closely %ith +arious la% enforce*ent agencies to secure concerted efforts for effecti+e in+estigation and apprehension of suspected traffickers" 8or this purpose) it shall also, (a) Pursue the detection and in+estigation of suspected or alleged trafficking acti+ities at airports through its A+iation Security Eroup) at seaports and@or har ors through its :ariti*e Eroup) and at land transportation ter*inals through its police station and %hen proper) file the appropriate charges against traffickers in the proper court5 ( ) Coordinate %ith the Philippine Ports Authority (PPA) %hich *ay ha+e initially processed co*plaints at their #!alay Silungan sa aungan$5 and (c) Coordinate %ith local and arangay officials %ith respect to the apprehension and@or arrest of traffickers" (iii) 6sta lish a syste* to recei+e co*plaints and calls to assist trafficked persons) and the conduct of rescue operations5 (i+) 3irect and super+ise the enforce*ent of its andate under the Act and its rules and regulations5 (+) Super+ise the conduct of in+estigations relating to apprehension occurring at land transportation ter*inals) do*estic seaports and airports and *onitor the filing of appropriate cases against traffickers5

(+i) 8or*ulate plans and progra*s for the pre+ention and@or reduction of trafficking in persons5 (+ii) Integrate in the progra* of instruction co*prehensi+e) gender sensiti+e and child-friendly in+estigation and handling of cases of trafficking in persons in the Philippine !ational Police Acade*y (P!PA)) Philippine Pu lic Safety College (PPSC) and other training schools operated and *anaged y the P!P5 and (+iii) 6sta lish anti-trafficking section under the 9o*en and Children Co*plaint 3esk (9CC3) in all city and *unicipal police stations" (h) !ational Co**ission on the Role of 8ilipino 9o*en (!CR89) (i) Acti+ely ad+ocate and participate in international and regional discussion and initiati+es in trafficking in %o*en and include the sa*e in all of its international co**it*ents and policy pronounce*ents" 9here possi le and appropriate) %ork %ith the 3epart*ent of 8oreign Affairs in forging ilateral and *ultilateral colla orati+e pro.ects on trafficking5 (ii) Assist the Council in the for*ulation and *onitoring of policies addressing the issue of trafficking in persons in coordination %ith rele+ant go+ern*ent agencies5 (iii) Assist the Council in the conduct of infor*ation disse*ination and training to frontline go+ern*ent agencies) !E7s and the general pu lic5 (i+) Assist in the de+elop*ent of gender responsi+e docu*entation syste* in coordination %ith other agencies and the !ational Statistical Coordination Doard (!SCD) through its *onitoring of the situation of %o*en particularly on +iolence against %o*en5 (+) Assist the Council in the for*ulation of pre+ention and reintegration progra*s for +icti*s of trafficking including the de*and side5 and (+i) Conduct studies on the root causes) *agnitude and for*s of trafficking in %o*en and docu*ent est practices in pre+ention progra*s" Sec" -$" Roles and Responsi)ilities of Ot!er Relevant National Government A#encies. > Consistent %ith their *andates under e/isting la%s) the follo%ing agencies shall integrate hu*an trafficking issues in their strategy and progra* for*ulation and i*ple*ent progra*s and ser+ices for the pre+ention and suppression of trafficking and for the protection of trafficked +icti*s" They shall like%ise ha+e the follo%ing roles and responsi ilities, (a) 3epart*ent of the Interior and ;ocal Eo+ern*ent (3I;E)

(i) Conduct a syste*atic infor*ation disse*ination@ad+ocacy and pre+ention ca*paign against trafficking in persons5 (ii) :aintain a data ank for the effecti+e *onitoring) docu*entation and prosecution of cases on trafficking in persons5 (iii) Issue directi+es to the ;E2s and arangays to institutionali0e recruiter*onitoring *echanis*s and increase pu lic a%areness regarding trafficking in persons5 (i+) Pro*ote fa*ily and co**unity e*po%er*ent to pre+ent trafficking in persons5 and (+) Strengthen) acti+ate and *o ili0e e/isting co**ittees) councils) si*ilar organi0ations and special odies at the local le+el to pre+ent and suppress trafficking in persons" ( ) 3epart*ent of Touris* (37T) (i) 8or*ulate and i*ple*ent pre+enti+e *easures to stop se/ touris* packages and other acti+ities of touris* esta lish*ents %hich *ight contri ute to the trafficking in persons in coordination %ith local go+ern*entunits5 and (ii) Pro+ide training to tourist security officers on sur+eillance) in+estigation and rescue operation strategies" (c) 3epart*ent of 6ducation (3ep6d) (i) Integrate in the appropriate su .ect areas core *essages on *igration and trafficking in the ele*entary and secondary le+els y pro+iding lesson %ith e*phasis on their i*plications and social costs to persons and country5 (ii) Pro+ide opportunities for trafficked persons in the educational *ainstrea* through the asic education and non-for*al education curricula5 and (iii) Pro+ide education and raise consciousness of oys@*en in schools and co**unities in order to discourage the &de*and side( or the use@ uying of trafficked %o*en and children" (d) 3epart*ent of 4ealth (374) (i) :ake a+aila le its resources and facilities in pro+iding health care to +icti*s of trafficking %hich shall) at all ti*es) e held confidential" (e) 3epart*ent of Transportation and Co**unication (37TC) (i) Pro+ide guidelines for the land) sea and air transport pro+iders to train their personnel in trafficking

in persons5 (ii) Standardi0e guidelines for *onitoring trafficking in persons in e+ery port5 and (iii) :onitor the pro*otion of ad+ertise*ent of trafficking in the Internet" (f) Co**ission on 4u*an Rights (C4R) (i) Conduct ad+ocacy and training progra*s relating to anti-trafficking5 (ii) In+estigate and reco**end for prosecution +iolations of the Act5 (iii) Pro+ide legal and financial assistance to +icti*s of trafficking5 and (i+) Integrate anti-trafficking efforts in the Darangay 4u*an Rights Action Center (D4RAC)5 and (+) :onitor go+ern*ent co*pliance to international hu*an rights treaty o ligations related to the suppression@eli*ination of trafficking) particularly the Con+ention for the Suppression of Traffic in Persons and 6/ploitation of the Prostitution of 7thers) the Con+ention on the 6li*ination of All 8or*s of 3iscri*ination Against 9o*en) the Con+ention on the Rights of the Child) the Con+ention on the Protection of :igrant 9orkers and :e* ers of Their 8a*ilies) and the 2! Con+ention Against Transnational 7rgani0ed Cri*es including its Protocol to Pre+ent) Suppress and Punish Trafficking in Persons) 6specially 9o*en and Children" (g) !ational Dureau of In+estigation (!DI) (i) Conduct sur+eillance) *onitor and in+estigate recruiters) tra+el agencies) hotels and other esta lish*ents suspected to e engaged in trafficking in persons5 (ii) Coordinate closely %ith all the Council *e* er agencies for effecti+e detection and in+estigation of suspected traffickers5 (iii) 8or*ulate plans and progra*s for the detection and pre+ention of trafficking) and the arrest and prosecution of suspected traffickers5 (i+) Share intelligence infor*ation on suspected traffickers to all Council *e* er agencies %hen necessary5 and (+) 8oster cooperation and coordination %ith the la% enforce*ent agencies of other countries and the I!T6RP7; in the in+estigation and apprehension of suspected traffickers" (h) Philippine Center on Transnational Cri*e (PCTC) (i) Continue to function in accordance %ith its *andate pursuant to 6/ecuti+e 7rder !o" A2) s" -999) on *atters concerning trafficking in persons %ith transnational di*ension5

(ii) 2ndertake strategic researches on the structure and dyna*ics of trafficking in persons %ith transnational cri*e di*ension) predict trends and analy0e gi+en factors for the for*ulation of indi+idual and collecti+e strategies for the pre+ention and detection of trafficking in persons and the apprehension of cri*inal ele*ents in+ol+ed5 (iii) Conduct case operations in coordination %ith other la% enforce*ent agencies5 and (i+) Ser+e as the focal point in international la% enforce*ent coordination on trafficking in persons particularly %ith the I!T6RP7;" (i) 7+erseas 9orkers 9elfare Ad*inistration (799A) (i) Assist in the infor*ation and ad+ocacy ca*paign a*ong 789s to pre+ent trafficking in persons5 (ii) Assist in the docu*entation of cases of trafficking and ensure the pro+ision of its progra*s and ser+ices to 789s and their fa*ilies5 and (iii) Include a *odule on anti-trafficking to its predeparture se*inar" (.) Council for the 9elfare of Children (C9C) (i) Integrate in its de+elop*ent and strategic fra*e%orks issues and concerns affecting trafficking in children and ensure the adoption of such fra*e%orks y the ;E2s and other stakeholders5 (ii) Figorously ad+ocate against trafficking of children5 (iii) I*pro+e data on trafficking in children through integration of critical and rele+ant indicators into the *onitoring syste* for children5 (i+) Adopt policies and *easures that %ill protect and pro*ote the rights and %elfare of children +icti*s of trafficking and coordinate and *onitor their i*ple*entation5 and (+) Address issues on trafficking of children through policy and progra* inter+entions" (k) Philippine Infor*ation Agency (PIA) (i) 6nhance pu lic a%areness on trafficking in persons) pertinent la%s and possi le actions to pre+ent +icti*i0ation and re-+icti*i0ation y de+eloping pu lic ad+ocacy progra* as %ell as printing and distri uting appropriate infor*ation *aterials" (l) Technical 6ducation and Skills 3e+elop*ent Authority (T6S3A)

(i) Pro+ide skills and entrepreneurial training to trafficked +icti*s5 and (ii) 8or*ulate a special progra* to ensure the pro+ision of appropriate skills training for trafficked +icti*s" Sec" -9" Roles and Responsi)ilities of 'ocal Government ,nits -'G,s.. The ;E2s shall ha+e the follo%ing roles and responsi ilities, (a) :onitor and docu*ent cases of trafficked persons in their areas of .urisdiction5 ( ) 6ffect the cancellation of licenses of esta lish*ents %hich +iolate the pro+isions of the Act and ensure its effecti+e prosecution5 (c) 2ndertake an infor*ation ca*paign against trafficking in persons through the esta lish*ent of the :igrants Ad+isory and Infor*ation !et%ork (:AI!) desks in *unicipalities and pro+inces in coordination %ith the 3I;E) PIA) Co**ission on 8ilipino 7+erseas (C87)) !E7s and other concerned agencies5 (d) 6ncourage and support co**unity ased initiati+es %hich address trafficking in persons5 (e) Pro+ide asic social ser+ices for the pre+ention) rescue) reco+ery) reha ilitation and reintegration@after care support ser+ices to +icti*s of trafficking in persons and their fa*ilies5 (f) 6nact ordinances or issuances ai*ed at pro+iding protection and support to trafficked persons and adopt *easures to pre+ent and suppress trafficking in persons5 and (g) Strengthen) acti+ate and *o ili0e e/isting co**ittees) councils) si*ilar organi0ations and special odies at the pro+incial) city) *unicipal and arangay le+els to pre+ent and suppress trafficking in persons" Sec" 2#" Roles and Responsi)ilities of Non*Government Or#ani+ations (!ic! are "em)ers of t!e Council. The !E7 *e* ers of the Council shall ha+e the follo%ing roles and responsi ilities, (a) Assist go+ern*ent agencies in for*ulating and i*ple*enting policies) progra*s and I6C ca*paign against trafficking5 ( ) Assist in capa ility- uilding acti+ities of go+ern*ent personnel and share their e/periences and e/pertise in handling trafficking cases5 (c) Coordinate %ith concerned go+ern*ent agencies) ;E2s and other !E7s in reporting alleged perpetrators) rescuing +icti*s of trafficking) and conducting in+estigation@ sur+eillance) if indicated5 (d) 2ndertake progra*s and acti+ities for the pre+ention) rescue) reco+ery and reintegration of the +icti*s of trafficking and other support ser+ices for their fa*ilies5

(e) 3ocu*ent and@or assist in the docu*entation of cases of trafficking5 (f) 3isse*inate guidelines to all its net%ork *e* ers) local and international) on policies and progra*s addressing issues on trafficking in persons5 (g) 8or*ulate educational *odule to address thede*and side of trafficking5 and (h) Perfor* such other tasks as *ay e agreed upon y the Council" Sec" 2-" Assistance of Ot!er A#encies and &nstitutions. In i*ple*enting the Act and these rules and regulations) the agencies concerned *ay seek and enlist the assistance of !E7s) people?s organi0ations (P7s)) ci+ic organi0ations and other +olunteer groups) %hich %ill all like%ise e encouraged to assu*e the sa*e roles and responsi ilities enu*erated in the preceding Section" A !"#$% &I REPORTING OF SUSPECTED* ALLEGED TRAFFICKING INCIDENT Sec" 22" /!o "ay and To /!om to Report. Any person %ho has any kno%ledge or learns of facts or circu*stances that gi+e rise to a reasona le elief that a person %ill e) or *ay e) or has een trafficked shall i**ediately report the sa*e) either orally) in %riting or through other *eans) to any *e* er of the Council) the arangay authorities) the nearest police or other la% enforce*ent agency) the local social %elfare and de+elop*ent office or the local Council for the Protection of Children" In the case of trafficking cases a road) the report shall e *ade to the Philippine 6* assy@Consulate %hich has .urisdiction o+er the place %here the trafficking occurred or %here the trafficked person is found" Sec" 2'" Action on t!e Report. The agency) entity or person to %ho* the report is *ade shall i**ediately act as soon as the report is recei+ed in coordination %ith other rele+ant go+ern*ent agency for appropriate inter+ention" 8or this purpose) the Council shall de+elop a *echanis* to ensure the ti*ely) coordinated and effecti+e response to cases of trafficking in persons" A !"#$% &II INTERCEPTION, ARREST AND IN&ESTIGATION OF TRAFFICKERS Sec" 2<" Procedure in t!e &nterception, Arrest and &nvesti#ation of Traffic0ers in Persons at &nternational Airport or Seaport. 9hen an offense punisha le under the Act or any other offense in relation thereto or in furtherance thereof has een co**itted) or is actually eing co**itted in the presence of an i**igration officer assigned at the international airport or seaport)

he@she shall i**ediately cause the interception and@or arrest of the persons in+ol+ed for in+estigation" The 37C Task 8orce Against Trafficking shall cause the filing of appropriate case in court %hen e+idence %arrants" If the person arrested is a foreigner) the concerned D"I" in+estigating unit shall take full custody o+er the arrested person) conduct the in+estigation proper motu proprio and endorse the co*plaint and supporting docu*ents to the prosecutor for in1uest or :TC Cudge for appropriate proceedings" Sec" 2=" Procedure in t!e &nterception, Arrest and &nvesti#ation of Traffic0ers in Persons at 'ocal Airport, Seaport and 'and Transportation Terminals. In cases %here the +iolation is co**itted at local seaport) airport or in land transportation ter*inals) the *e* ers of the la% enforce*ent agency shall i**ediately cause the interception and@or arrest of the suspected traffickers" Thereafter) the in+estigation shall e conducted y the la% enforce*ent agency on the person@s intercepted@arrested) and referred to the Prosecutor?s 7ffice of the place %here the offense %as co**itted or to the 37C Task 8orce Against Trafficking in Persons or Task 8orce on Passport Irregularities or :unicipal Trial Court of the place %here the cri*e %as co**itted in case of *unicipalities and nonchartered cities for purposes of in1uest or preli*inary in+estigation as the case *ay e" Sec" 2A" Creation of a 1oint Tas0 orce A#ainst Traffic0in# in Persons. 8or the purpose of the a o+e pro+isions) there shall e created a Coint Task 8orce Against Trafficking in Persons to e assigned at airports co*posed of Prosecution) DI) P!P) and !DI personnel and another Task 8orce at land transportation ter*inals and local seaports and airports to e co*posed of Prosecution) P!P) DI) PPA) and PCE personnel" The 37C !ational Task 8orce Against Trafficking in Persons shall issue the necessary operational guidelines for the effecti+e coordination) apprehension) in+estigation and prosecution of +iolations of the Act" The 37C Task 8orce assigned at local seaports) airports and land transportation ter*inals shall cooperate or coordinate %ith the local authorities) local social %elfare and de+elop*ent officers or acti+e !E7s concerned %ith trafficking in persons in the locality" Sec" 2B" Ri#!ts of t!e Person Arrested, &nvesti#ated or Detained. In all cases) the rights of the person arrested) in+estigated or detained as pro+ided y the Philippine Constitution and under Repu lic Act !o" B<'$ (An Act 3efining Certain Rights of Persons Arrested) 3etained or 2nder Custodial In+estigation As 9ell As The 3uties of the Arresting) 3etaining and In+estigating 7fficers) and Pro+iding Penalties 8or Fiolations Thereof) shall) at all ti*es) e respected" A !"#$% &III

RESCUE*RECO&ER' AND REPATRIATION OF &ICTIMS Sec" 2$" T!e Country Team Approac!. The country tea* approach under 6/ecuti+e 7rder !o" B<) series of -99' and further enunciated in Repu lic Act !o" $#<2 shall e the operational sche*e under %hich Philippine e* assies a road shall pro+ide protection to trafficked persons regardless of their i**igration status" 2nder the Country Tea* Approach) all officers) representati+es and personnel of the Philippine go+ern*ent posted a road regardless of their *other agencies shall) on a per country asis) act as onecountry tea* %ith *ission under the leadership of the A* assador or the head of *ission" Sec" 29" Rescue at t!e Country of Destination. > (a) Procedure" 9hen the +icti* is a 8ilipino national and at the ti*e of rescue is residing a road) the e* assy or consulate %hich has .urisdiction o+er the place %here the +icti* is residing shall +erify the +eracity of the report of incidence of trafficking and in1uire a out the condition of the +icti*" Consistent %ith the country tea* approach) the Post concerned shall send a tea* co*posed of a consular officer and personnel fro* the Philippine 7+erseas ;a or 7ffice (P7;7) or the 8ilipino 9orkers Resource Center (89RC)) the 7ffice of the Social 9elfare AttachG as the case *ay e) to conduct a +isit to the .ail) esta lish*ent) %ork site or residence of the +icti*" In the case of Posts %ithout attached ser+ices) the tea* %ill e co*posed of a consular officer and personnel fro* the Assistance-to!ationals section" The Post shall *ake representations %ith the police authorities or other rele+ant la% enforce*ent agencies %ith respect to the conduct of rescue operations" Rescue operation shall also e *ade in cooperation and close coordination %ith so*e !E7?s) local contacts or pri+ate indi+iduals %hen necessary" In countries and areas %here the ser+ices of the 89RC is not accessi le) a *o ile type of ser+ices shall e e/tended y the country tea* *e* ers to trafficked persons regardless of their status in the host country" Thereafter) the +icti* %ill e encouraged to e/ecute a s%orn state*ent) recounting a*ong others) the people@esta lish*ent in+ol+ed in the recruit*ent@transfer and deploy*ent) the *odus operandi e*ployed to recruit) transport and deploy the +icti*) and other pertinent infor*ation %hich could pro+ide a lead in the in+estigation and e+entual prosecution of the perpetrators" ( ) Assistance to Trafficked Persons% The trafficked person shall e pro+ided %ith te*porary shelter and other for*s of assistance"

In countries %here there is an 8ilipino 9orkers Resource Center) the ser+ices a+aila le to o+erseas 8ilipinos as pro+ided for in Repu lic Act !o" $#<2 shall also e e/tended to trafficked persons regardless of their status in the host country" (c) Legal Assistance Fund% Trafficked persons shall e considered under the category &7+erseas 8ilipinos in 3istress( and *ay a+ail of the ;egal Assistance 8und created y Repu lic Act !o" $#<2) su .ect to the guidelines as pro+ided y la%) including rules and regulations issued y the 38A as to its utili0ation and dis urse*ent" Sec" '#" Repatriation of Traffic0ed Persons. The 38A) in coordination %ith 37;6 and other appropriate agencies) shall ha+e the pri*ary responsi ility for the repatriation of trafficked persons) regardless of %hether they are docu*ented or undocu*ented" If) ho%e+er) the repatriation of trafficked persons shall e/pose the +icti*s to greater risks) the 38A shall *ake representation %ith the host go+ern*ent for the e/tension of appropriate residency per*its and protection) as *ay e legally per*issi le in the host country" Sec" '-" Procedure for Repatriation. In accordance %ith e/isting rules and regulations on the use and dis urse*ent of Assistance-to-!ationals 8und of the 38A for the repatriation of distressed 789s) the Post shall i**ediately re1uest the 38A) through the 7ffice of the 2ndersecretary for :igrant 9orkers? Affairs (72:9A)) allocation of funds for the repatriation of the +icti*" In appropriate cases and to a+oid re-+icti*i0ation) the Post *ay %ithdra% the passport of the +icti* and for%ard it to the 38A and in its place issue a Tra+el 3ocu*ent (8A 8or* B9(D)) +alid for direct tra+el to the Philippines" The Post concerned shall report to the 38A) through the 72:9A) copy furnished the 7ffice of Consular Affairs) the actual date of repatriation and other pertinent infor*ation and su *it a copy of the s%orn state*ent and other rele+ant docu*ents" In appropriate cases) especially %hen the +icti* is suffering fro* *ental illness) has suffered physical or se/ual a use or has recei+ed serious threats to his or her life and safety) the +icti* %ill e *et upon arri+al in the Philippines y 3S93 personnel) in coordination %ith the Coint Task 8orce Against Trafficking in Persons and other go+ern*ent agencies such as 799A) DI and 374" In the case of *entally ill patients) *inors) and other persons re1uiring special care) the Post shall designate a duly authori0ed indi+idual to escort said +icti*s to the Philippines" The +icti* %ill e encouraged) if he or she has not done so efore) to e/ecute a s%orn state*ent %ith the +ie% of filing the appropriate charges against the

suspected trafficker in the Philippines" Should the +icti* re1uest the assistance of 38A) 72:9A shall inter+ie% the +icti* and *ake reco**endations for in+estigation %ith la% enforce*ent agencies such as the P!P and the !DI" In cases %here recruit*ent agencies are in+ol+ed) the case shall also e referred to the P76A for appropriate action" The report shall also e for%arded to the DI for case uild up" The +icti* *ay e referred to the 3S93@;ocal Social 9elfare And 3e+elop*ent 7ffice or to the !DI 7ne-Stop Shop for psychosocial inter+entions) psychological and *edical e/a*ination and follo%-through therapy sessions" Protecti+e custody and e*ergency shelter shall also e pro+ided to the +icti*) in appropriate cases" Sec" '2" Rescue /it!in t!e Country. Rescue operations %ithin the country shall e pri*arily undertaken y the la% enforce*ent agencies in coordination %ith ;E2s) 37;6) 3S93 and 374" 2pon receipt of a report of a suspected or alleged trafficking ncident or acti+ity) the la% enforce*ent agency to %hich the report is *ade shall conduct rescue operations of trafficked persons" At the *ini*u*) rescue operations shall e guided y the follo%ing, (a) Conduct of rescue operation of trafficked persons shall e properly coordinated %ith the concerned agencies particularly 3S93@local social %elfare and de+elop*ent officer5 ( ) The rescue tea* shall ensure full protection of the rights of the trafficked person as %ell as the traffickers %hile under its custody and control5 (c) After the rescue operation) the in+estigation of the case shall e referred to the 9o*en and Children Co*plaint 3esk (9CC3) desk of P!P) the Fiolence Against 9o*en and Children 3i+ision (FA9C3) of the !DI or other si*ilar units or desks5 (d) After the co*pletion of the necessary docu*ents for the filing of cases) the rescue tea* shall effect the appropriate and i**ediate turn-o+er of the trafficked person to 3S93@local social %elfare and de+elop*ent officer5 and (e) In the course of in+estigation of the trafficked person) the in+estigator handling the case shall ensure that the +icti* shall e accorded %ith proper treat*ent and in+estigated in a childfriendly and gender-sensiti+e en+iron*ent" In the conduct of in+estigati+e inter+ie%s on children) the la% enforcers shall like%ise e guided y the Rule on the 6/a*ination of a Child 9itness pro*ulgated y Supre*e Court) as *ay e applica le" 8or this purpose) the in+estigators shall e properly trained in the handling of cases of trafficked persons" A !"#$% I+ REHABILITATION AND REINTEGRATION OF &ICTIMS

Sec" ''" Compre!ensive Pro#ram. The 3S93) ;E2s and other concerned agencies shall pro+ide a co*prehensi+e) gendersensiti+e and child friendly progra* for the reco+ery) reha ilitation and reintegration of +icti*s@sur+i+ors of trafficking) such as ut not li*ited to the follo%ing, (a) I*ple*entation of residential care) child place*ent) educational assistance) li+elihood and skills training and other co**unity- ased ser+ices *ust e responsi+e to the specific needs and pro le*s of the +icti*s@sur+i+ors and their fa*ilies5 ( ) Acti+e in+ol+e*ent and participation of the +icti*s@sur+i+ors in the reha ilitation and reintegration process shall e encouraged" In order to e*po%er the* and to pre+ent their re-+icti*i0ation) capa ility uilding progra*s *ust e pro+ided5 and ;a%) Rules and ;ocal Instru*ents = ' (c) Acti+e cooperation and coordination %ith !E7s and other *e* ers of the ci+il society including the usiness co**unity) touris*-related industries as %ell as the *edia in the reha ilitation and reintegration of +icti*s@sur+i+ors shall e undertaken" Sec" '< Procedure. The follo%ing procedure shall e undertaken in i*ple*enting a co*prehensi+e progra* for the reco+ery) reha ilitation and reintegration of +icti*s@sur+i+ors of trafficking, (a) The +icti*@sur+i+or of trafficking *ay go to the nearest 3S93@;E2 Social 9elfare and 3e+elop*ent 7ffice for assistance5 ( ) 2pon referral@inter+ie% the 3S93@;ocal Eo+ern*ent Social 9orker shall conduct an intake assess*ent to deter*ine appropriate inter+ention %ith the +icti*@sur+i+or5 (c) The social %orker shall prepare a social case study report@case su**ary for the +icti*@sur+i+or?s ad*ission to a residential facility for te*porary shelter or co**unity- ased ser+ices5 (d) Pro+ide ser+ices@inter+entions ased on the reha ilitation plan in coordination %ith appropriate agencies) e"g" counseling) legal) *edical and educational assistance5 li+elihood and@or skills training5 as %ell as appropriate ser+ices to the fa*ily of the trafficked +icti*@sur+i+or5 and (e) :onitor i*ple*entation and periodically e+aluate@update the reha ilitation plan until the +icti*@ sur+i+or has een reintegrated %ith his@her fa*ily and co**unity" Sec" '=" Capa)ility 2uildin# of Service Providers. The frontline agencies and the ser+ice pro+iders *ust undergo training and other capa ility uilding acti+ities to enhance their kno%ledge and skills in handling cases of trafficking to pre+ent e/acer ation of trau*atic stress and facilitate *ore effecti+e crisis inter+entions) healing and reintegration ser+ices"

Sec" 'A" Documentation. 3ata anking) research and docu*entation of est practices in reha ilitation and reintegration progra*s shall e conducted to identify efficient and effecti+e *easures and ser+ices for the +icti*s of trafficking and their fa*ilies" A !"#$% + PROSECUTION, CI&IL FORFEITURE AND RECO&ER' OF CI&IL DAMAGES Sec" 'B" /!o "ay ile a Complaint. Co*plaints for +iolations of the Act *ay e filed y the follo%ing, (a) Any person %ho has personal kno%ledge of the co**ission of the offense5 ( ) The trafficked person or the offended party5 (c) Parents or legal guardians5 (d) Spouse5 (e) Si lings5 or (f) Children" The foregoing persons *ay also seek the assistance of the Council in the filing of co*plaint" Sec" '$" &nstitution of Criminal Action3 %ffect. The institution of the cri*inal action efore the 7ffice of the Prosecutor or the court) as the case *ay e) for purposes of preli*inary in+estigation shall interrupt the running of the period for prescription of the offense charged" The prescripti+e period shall co**ence to run again %hen such proceedings ter*inate %ithout the accused eing con+icted or ac1uitted or are un.ustifia ly stopped for any reason not i*puta le to the accused" Sec" '9" &nstitution of Criminal and Civil Actions. Pursuant to the Re+ised Rules on Cri*inal Procedure) %hen a cri*inal action is instituted) the ci+il action arising fro* the offense charged shall e dee*ed instituted %ith the cri*inal action unless the offended party %ai+es the ci+il action) reser+es the right to institute it separately or institutes the ci+il action prior to the cri*inal action" Sec" <#" %4emption from ilin# ees. 9hen the trafficked person institutes a separate ci+il action for the reco+ery of ci+il da*ages) he@she shall e e/e*pt fro* the pay*ent of filing fees" Sec" <-" 5enue. The offenses punisha le under the Act shall e considered as a continuing offense and *ay e filed in the place %here the offense %as co**itted or %here any of its ele*ents occurred or %here the trafficked person actually resides at the ti*e of the co**ission of the offense" Pro+ided) that the court %here the cri*inal action is first filed shall ac1uire .urisdiction to the e/clusion of other courts"

Sec" <2" orfeiture of t!e Proceeds and &nstruments Derived from Traffic0in# in Persons. > (a) After con+iction) all proceeds and instru*ents) including any real or personal property used in the co**ission of the offense) shall e ordered confiscated and forfeited in fa+or of the State unless the o%ner thereof can pro+e the lack of kno%ledge of the use of such property in the said illegal acti+ity" Any a%ard for da*ages arising fro* the co**ission of the offense *ay e satisfied and charged against the personal and separate properties of the offender and if the sa*e is insufficient to satisfy the clai*) the alance shall e taken fro* the forfeited properties as *ay e ordered y the court" ( ) 3uring the pendency of the cri*inal action) no property or inco*e used or deri+ed therefro* %hich are su .ect to confiscation and forfeiture) shall e disposed) alienated or transferred and the sa*e shall e in custodia legis and no ond shall e ad*itted for the release of the sa*e" (c) The trial prosecutor shall a+ail of the pro+isional re*edies in cri*inal cases to ensure the confiscation) preser+ation and forfeiture of the said properties" (d) If the offender is a pu lic officer or e*ployee) the forfeiture of his@her property found to e unla%fully ac1uired shall e go+erned y Repu lic Act !o" -'B9 other%ise kno%n as &An Act 3eclaring 8orfeiture in 8a+or of the State Any Property 8ound to 4a+e Deen 2nla%fully Ac1uired y Any Pu lic 7fficer or 6*ployee and Pro+iding for the Proceedings Therefore"( A !"#$% +I LEGAL PROTECTION AND OTHER SER&ICES Sec" <'" 'e#al Protection. Trafficked persons shall e recogni0ed as +icti*s of the act or acts of trafficking" As such) they shall not e penali0ed for cri*es directly related to the acts of trafficking enu*erated under the Act or in o edience to the order *ade y the trafficker in relation thereto" In this regard) the consent of the trafficked person to the intended e/ploitation set forth in the Act shall e irrele+ant" Sec" <<" Preferential %ntitlement under t!e /itness Protection Pro#ram. Any pro+ision of Repu lic Act !o" A9$- to the contrary not%ithstanding) any trafficked person shall e entitled to the %itness protection progra* pro+ided therein" Sec" <=" &mmunity from Criminal Prosecution. Any person %ho has personal kno%ledge in the co**ission of any of the offenses penali0ed under the Act and %ho +oluntarily gi+es *aterial infor*ation relati+e thereto and %illingly testifies against the offender shall e e/e*pt fro* prosecution for the offense %ith reference to %hich his infor*ation and testi*ony %ere gi+en) su .ect to the follo%ing conditions,

(a) The infor*ation and testi*ony are necessary for the con+iction of the accused5 and ( ) Such infor*ation and testi*ony are not yet in the possession of the state" Sec" <A" "andatory Services. To ensure reco+ery) reha ilitation and reintegration into the *ainstrea* of society) concerned go+ern*ent agencies shall *ake a+aila le the follo%ing ser+ices to trafficked persons, (a) 6*ergency shelter or appropriate housing5 ( ) Counseling5 (c) 8ree legal ser+ices %hich shall include infor*ation a out the +icti*s? rights and the procedure for filing co*plaints) clai*ing co*pensation and such other legal re*edies a+aila le to the*) in a language understood y the trafficked person5 (d) :edical or psychological ser+ices5 (e) ;i+elihood and skills training5 and (f) 6ducational assistance to a trafficked child" Sustained super+ision and follo% through *echanis* that %ill track the progress of reco+ery) reha ilitation and reintegration of the trafficked persons shall e adopted and carried out" Sec" <B" 'e#al Protection of Traffic0ed Persons /!o are orei#n Nationals. Trafficked persons in the Philippines %ho are nationals of a foreign country shall e entitled to appropriate protection) assistance and ser+ices a+aila le to the trafficked persons and shall e allo%ed to continued presence in the Philippines for a period of fifty-nine (=9) days to ena le the* to effect the prosecution of the offenders" Such period *ay e rene%ed upon sho%ing of proof y the trial prosecutor that their further testi*ony is essential to the prosecution of the case" The trial prosecutor shall course his re1uest for e/tension to the Council %hich shall accordingly act upon the sa*e" If such re1uest is granted) the registration and i**igration fees of such foreign nationals shall e %ai+ed" The Council) for this purpose) shall de+elop additional guidelines to i*ple*ent this pro+ision" A !"#$% +II TRUST FUND Sec" <$" Trust und3 Sources. All fines i*posed under the Act and the proceeds and properties forfeited and confiscated pursuant to Section -< of the Act and Article IH) Section = of these rules and regulations shall accrue to a Trust 8und to e ad*inistered and *anaged y the Council"

Sec" <9" ,tili+ation. The Trust 8und shall e used e/clusi+ely for progra*s that %ill pre+ent acts of trafficking and protect) reha ilitate) reintegrate trafficked persons into the *ainstrea* of society" Such progra*s shall include) ut not li*ited to the follo%ing, (a) Pro+ision for *andatory ser+ices set forth in Section 2' of the Act5 and Section <B of these Rules and Regulations" ( ) Sponsorship of a national research progra* on trafficking and esta lish*ent of a data collection syste* for *onitoring and e+aluation purposes5 (c) Pro+ision of necessary technical and *aterial support ser+ices to appropriate go+ern*ent agencies and nongo+ern*ent organi0ations (!E7s)5 (d) Sponsorship of conferences and se*inars to pro+ide +enue for consensus uilding a*ong the pu lic) the acade*e) go+ern*ent) !E7s and international organi0ations5 and (e) Pro*otion of infor*ation and education ca*paign on trafficking" The Trust 8und *ay also e used to support the operations of the Secretariat" Sec" =#" ,se and Dis)ursement of Trust und. The use and dis urse*ent of the trust fund shall e su .ect to the appro+al of at least t%o-thirds (2@') of the *e* ers of the Council and shall e go+erned y e/isting go+ern*ent accounting and auditing rules and regulations" A !"#$% +III INTERNATIONAL COOPERATION Sec" =-" &nternational Cooperation. The Council) in close coordination %ith the 38A and other concerned agencies) shall pro*ote cooperation) technical assistance and partnership a*ong go+ern*ents and regional and international organi0ations on the follo%ing aspects, (a) Pre+ention) protection) prosecution) repatriation and reintegration aspects of trafficking in persons) especially %o*en and children5 ( ) Syste*atic e/change of infor*ation and good practices a*ong la% enforce*ent and i**igration authorities5 (c) Pre+ention) detection) in+estigation and prosecution of trafficking in persons) including the protection of +icti*s through e/changes and .oint training at the ilateral) regional and international le+els) et%een and a*ong rele+ant officials including police) .udges) prosecutors) i**igration officers) other la% enforce*ent agents as %ell as consular authorities5 and (d) Repatriation of +icti*s of trafficking %ith due regard to their safety and in consideration of hu*anitarian and co*passionate factors" A !"#$% +I&

CONFIDENTIALIT' Sec" =2" Confidentiality. At any stage of the in+estigation) prosecution and trial of an offense under this Act) la% enforce*ent officers) prosecutors) .udges) court personnel and *edical practitioners) as %ell as parties to the case) shall recogni0e the right to pri+acy of the trafficked person and the accused" To%ards this end) la% enforce*ent officers) prosecutors and .udges to %ho* the co*plaint has een referred *ay) %hene+er necessary to ensure a fair and i*partial proceeding) and after considering all circu*stances for the est interest of the parties) order a closed-door in+estigation) prosecution or trial" The na*e and personal circu*stances of the trafficked person or of the accused) or any other infor*ation tending to esta lish their identities and such circu*stances or infor*ation shall not e disclosed to the pu lic" In case %hen the prosecution or trial is conducted ehind closed doors) it shall e unla%ful for any editor) pu lisher) reporter or colu*nist in case of printed *aterials) announcer or producer in case of tele+ision and radio) producer and director of a fil* in case of the *o+ie industry) or any person utili0ing tri-*edia or infor*ation technology to cause pu licity of and case of trafficking in persons" A !"#$% +& OFFENSES AND PENALTIES Sec" ='" Acts of Traffic0in# in Persons. Any person) natural or .uridical) %ho co**its any of the follo%ing acts shall suffer the penalty of i*prison*ent of t%enty (2#) years and a fine of not less than 7ne *illion pesos (P-)###)###"##) ut not *ore than T%o *illion pesos (P2)###)###"##), (a) To recruit) transport) transfer) har or) pro+ide) or recei+e a person y any *eans) including those done under the prete/t of do*estic or o+erseas e*ploy*ent or training or apprenticeship) for the purpose of prostitution) pornography) se/ual e/ploitation) forced la or) sla+ery) in+oluntary ser+itude or de t ondage5 ( ) To introduce or *atch for *oney) profit or *aterial) econo*ic or other consideration) any person or) as pro+ided for under Repu lic Act !o" A9==) any 8ilipino %o*an %ith a foreign national) for *arriage for the purpose of ac1uiring) uying) offering) selling or trading hi*@her to engage in prostitution) pornography) se/ual e/ploitation) forced la or) sla+ery) in+oluntary ser+itude or de t ondage5 (c) To offer or contract *arriage) real or si*ulated) for the purpose of ac1uiring) uying) offering) selling) or trading the* to engage in prostitution) pornography) se/ual e/ploitation) forced la or or sla+ery) in+oluntary ser+itude or de t ondage5 (d) To undertake or organi0e tours and tra+el plans consisting touris* packages or acti+ities for the purpose of utili0ing and offering persons for prostitution) pornography or se/ual e/ploitation5 (e) To *aintain or hire a person to engage in prostitution or pornography5

(f) To adopt or facilitate the adoption of persons for the purpose of prostitution) pornography) se/ual e/ploitation)forced la or) sla+ery) in+oluntary ser+itude or de t ondage5 (g) To recruit) hire) adopt) transport or a duct a person) y *eans of threat or use of force) fraud) deceit) +iolence) coercion) or inti*idation for the purpose of re*o+al or sale of organs of said person5 and (h) To recruit) transport or adopt a child to engage in ar*ed acti+ities in the Philippines or a road" Sec" =<" Acts t!at Promote Traffic0in# in Persons. Any person) natural or .uridical) %ho shall co**it the follo%ing acts %hich pro*ote or facilitate trafficking in persons) shall e penali0ed %ith the penalty of i*prison*ent of fifteen (-=) years and a fine of not less than 8i+e hundred thousand pesos (P=##)###"##) ut not *ore than 7ne *illion pesos (P-)###)###"##), (a) To kno%ingly lease or su lease) use or allo% to used any house) uilding or esta lish*ent for the purpose of pro*oting trafficking in persons5 ( ) To produce) print and issue or distri ute unissued) ta*pered or fake counseling certificates) registration stickers and certificates of any go+ern*ent agency %hich issues these certificates and stickers as proof of co*pliance %ith go+ern*ent regulatory and pre-departure re1uire*ents for the purpose of pro*oting trafficking in persons5 (c) To ad+ertise) pu lish) print) roadcast or distri ute) or cause the ad+ertise*ent) pu lication) printing) roadcasting or distri ution y any *eans) including the use of infor*ation technology and the internet of any rochure) flyer) or any propaganda *aterial that pro*otes trafficking in persons5 (d) To assist in the conduct of *isrepresentation or fraud for purposes of facilitating the ac1uisition of clearances and necessary e/it docu*ents fro* go+ern*ent agencies that are *andated to pro+ide pre-departure registration and ser+ices for departing persons for the purpose of pro*oting trafficking in persons5 (e) To facilitate) assist or help in the e/it and entry of persons fro*@to the country at international and local airports) territorial oundaries and seaports %ho are in possession of unissued) ta*pered or fraudulent and tra+el docu*ents for the purpose of pro*oting trafficking in persons5 (f) To confiscate) conceal) or destroy the passport) tra+el docu*ents) or personal docu*ents or elongings of trafficked persons in furtherance of trafficking or to pre+ent the* fro* lea+ing the country or seeking redress fro* the go+ern*ent or appropriate agencies5 and (g) To kno%ingly enefit fro*) financial or other%ise or *ake use of) the la or or ser+ices of a person held to a condition of in+oluntary ser+itude) forced la or ) or sla+ery" Sec" ==" Qualified Traffic0in# in Persons. The follo%ing are considered as 1ualified trafficking and shall e penali0ed %ith the penalty of life i*prison*ent

and a fine of not less than T%o *illion pesos (2)###)###"##) ut not *ore than 8i+e *illion pesos (=)###)###"##)5 (a) 9hen the trafficked person is a child5 ( ) 9hen the adoption is effected through Repu lic Act !o" $#<') other%ise kno%n as the &Inter-Country Adoption Act of -99=( and said adoption is for the purpose of prostitution) pornography) se/ual e/ploitation) forced la or) sla+ery) in+oluntary ser+itude or de t ondage5 (c) 9hen the cri*e is co**itted y a syndicate ) or in large scale" Trafficking is dee*ed co**itted y a syndicate if carried out y a group of three (') or *ore persons conspiring or confederating %ith one another" It is dee*ed co**itted in large scale if co**itted against three (') or *ore persons ) indi+idually or as a group5 (d) 9hen the offender is an ascendant) parent) si ling) guardian or a person %ho e/ercises authority o+er the trafficked person or %hen the offense is co**itted y a pu lic officer or e*ployee5 (e) 9hen the trafficked person is recruited to engage in prostitution %ith any *e* er of the *ilitary or la% enforce*ent agencies5 (f) 9hen the offender is a *e* er of the *ilitary orla% enforce*ent agencies5 and (g) 9hen y reason or on occasion of the act of trafficking in persons) the offended party dies) eco*es insane) suffers *utilation or is afflicted %ith 4u*an I**unodeficiency Firus 4IF or the Ac1uired I**une 3eficiency Syndro*e (AI3S)" Sec" =A" 5iolation of Confidentiality Provisions. Any person %ho +iolates Section B of the Act and Section =2) Article HIF hereof shall suffer the penalty of i*prison*ent of si/ (A) years and a fine not less than 8i+e hundred thousand pesos (P=##)###"##) ut not *ore than 7ne *illion pesos (P-)###)###"##)" Sec" =B" Application of Penalties and Ot!er Sanctions. The follo%ing shall e applied in the i*position of penalties, (a) If the offender is a corporation) partnership) association) clu ) esta lish*ent or any .udicial person) the penalty shall e i*posed upon the o%ner) president) partner) *anager) and@or any responsi le officer %ho participated in the co**ission of the cri*e or %ho shall ha+e kno%ingly per*itted or failed to pre+ent its co**ission5 ( ) The registration %ith the Securities and e/change Co**ission (S6C) and license to operate of the erring agency) corporation) association) religious group) tour or tra+el agent) clu or esta lish*ent) or any place or entertain*ent shall e cancelled and re+oked per*anently" The o%ner) president) partner or *anager thereof shall not e allo%ed to operate si*ilar esta lish*ent in a different na*e5 (c) If the offender is a foreigner) he shall e i**ediately deported after ser+ing his sentence and e arred

per*anently fro* entering the country5 (d) Any e*ployee or official of go+ern*ent agencies %ho shall issue or appro+e the issuance of tra+el e/it clearances) passports) registration certificates) counseling certificates) *arriage license) and other si*ilar docu*ents to persons) %hether .udicial or natural) recruit*ent agencies) esta lish*ents or other indi+iduals or groups) %ho fail to o ser+e the prescri ed procedures and the re1uire*ent as pro+ided for y la%s) rules and regulations) shall e held ad*inistrati+ely lia le) %ithout pre.udice to cri*inal lia ility under the Act" The concerned go+ern*ent official or e*ployee shall) upon con+iction) e dis*issed fro* the ser+ice and e arred per*anently to hold pu lic office" 4is@her retire*ent and other enefits shall like%ise e forfeited5 and (e) Con+iction y final .udg*ent of the adopter for any offense under this Act shall result in the i**ediate rescission of the decree of adoption" Sec" =$" ,se of Traffic0ed Persons. Any person %ho uys or engages the ser+ices of trafficked persons for prostitution shall e penali0ed as follo%s, (a) 8irst offense > si/ (A) *onths of co**unity ser+ice as *ay e deter*ined y the court and a fine of 8ifty thousand pesos (P=#)###"##)5 and ( ) Second and su se1uent offenses > i*prison*ent of one year (-) year and a fine of 7ne hundred thousand pesos (P-##)###"##)" The Council shall coordinate %ith the Supre*e Court through the 7ffice of the Court Ad*inistrator for the issuance of appropriate guidelines and *easures for the .udiciary to i*ple*ent this pro+ision particularly on the aspect of i*ple*enting the penalty of co**unity ser+ice" A !"#$% +& FUNDING Sec" =9" &nclusion in A#ency Appropriations. The heads of depart*ents and agencies concerned shall i**ediately include in their annual appropriations the funding necessary to i*ple*ent progra*s and ser+ices re1uired y the Act and these regulations" In the interi*) the funding necessary to carry out their *andate under the la% *ay e charged against their Eender and 3e+elop*ent (EA3) udget" A !"#$% +&II FINAL PRO&ISIONS Sec" A#" Non*Restriction of reedom of Speec! and of Association, Reli#ion and t!e Ri#!t to Travel. !othing in these rules and regulations shall

e interpreted as a restriction of the freedo* and of association) religion and the right to tra+el for purposes not contrary to la% as guaranteed y the Constitution" Sec" A-" Savin# Clause. The pro+isions of Repu lic Act !o" BA-#) other%ise kno%n as the &Special Protection of Children Against Child A use) 6/ploitation and 3iscri*ination Act( shall re*ain applica le and shall not in any %ay e a*ended or repealed y the pro+isions of the Act and these rules and regulations" Sec" A2" Separa)ility Clause. The declaration of in+alidity of any pro+ision of these rules and regulations or part thereof shall not affect the +alidity of the re*aining pro+isions" Sec" A'" Repealin# Clause. Pertinent pro+isions of all la%s) presidential decrees) e/ecuti+e orders and rules and regulations) or parts thereof) contrary to or inconsistent %ith the pro+isions of the Act and these rules and regulations are here y repealed or *odified accordingly" Sec" A<" %ffectivity. These rules and regulations shall take effect fifteen (-=) days after its co*plete pu lication in at least t%o (2) ne%spapers of general circulation"