RA 9208 Implementing Rules
RA 9208 Implementing Rules
THE PROVISIONS OF REPUBLIC ACT NO. 9208, particularly women and children from nefarious
OTHERWISE KNOWN AS THE “ANTI-TRAFFICKING IN activities such as trafficking in persons;
PERSONS ACT OF 2003” AND ITS IMPLEMENTING
RULES AND REGULATIONS, PRESCRIBING PENALTIES WHEREAS, the incidences of documented as well as
FOR CERTAIN ACTS OR OMISSIONS VIOLATIVE OF unreported cases of trafficking and abuse of minors and
THIS ORDINANCE, AND FOR OTHER PURPOSES. women clearly manifest that the human trafficking is a
nagging issue in the Municipality;
EXPLANATORY NOTE
WHEREAS, it is imperative that this concern be
WHEREAS, the trafficking in persons, especially directly and effectively addressed by this Sangguniang
women and children, is a real problem that demands Bayan, in order to prevent the Municipality from becoming
proactive and coordinated response at the international, a source, transit point or destination of trafficking victims;
regional, national, and even local levels;
WHEREFORE, PREMISES CONSIDERED, the local
WHEREAS, the Philippine Government declared its government of ________________________deems it urgent
full support to the worldwide campaign to fight trafficking that the instant legislative measure be promulgated and
in persons when the Congress passed Republic Act adopted, pursuant to its duty of promoting the general
No.9208, otherwise known as the “Anti-Trafficking in welfare and its mandate of protecting the well-being of its
Persons Act of 2003”, and which was formally signed residents and constituents.
into law by the President on May 26, 2003;
consultations and adopted by the Inter-Agency Council THE PROVISIONS OF REPUBLIC ACT NO. 9208,
Against Trafficking (IACAT) on September 17, 2003; OTHERWISE KNOWN AS THE “ANTI-TRAFFICKING IN
PERSONS ACT OF 2003” AND ITS IMPLEMENTING
WHEREAS, after four (4) years of implementing R.A. RULES AND REGULATIONS, PRESCRIBING PENALTIES
9208 at both national and local levels, there are numerous FOR CERTAIN ACTS OR OMISSIONS VIOLATIVE OF
gaps and areas of improvement in the law that have been THIS ORDINANCE, AND FOR OTHER PURPOSES.
stated in Section 16 (General Welfare Clause) of the known and/or cited as the “Anti-Trafficking in Persons
justify the local government units (LGUs) in taking Principles. – It is hereby declared that the local
government of _____________________ values the dignity of of sexual exploitation, forced labor or services, slavery,
every human person and guarantees the full respect of servitude, or the removal or sale of organs.
individual rights. Towards this end, the municipal
government shall give highest priority to the enactment of The recruitment, transportation, transfer,
measures and the development of programs that will harboring or receipt of a child for the purpose of
promote human dignity and protect the people from any exploitation shall also be considered as “trafficking in
threats of violence and exploitation. persons” even if it does not involve any of the means set
forth in the preceding paragraph.
The municipal government of
_____________________ likewise recognizes its vital role in (b) Child – refers to a person below eighteen (18)
addressing the problem of trafficking in persons, especially years of age or one who is over eighteen (18) but is unable
women and children, at the local level by instituting to fully take care of or protect himself/herself from abuse,
policies and programs to prevent, protect and rehabilitate neglect, cruelty, exploitation, or discrimination because of
victims of trafficking. physical or mental disability or condition.
It is also the policy of the municipal (c) Prostitution – refers to any act, transaction,
government to take a firmer stance against scheme, or design involving the use of a person by
trafficking in persons by penalizing certain acts or another, for sexual intercourse or lascivious conduct in
omissions that can be considered as violations of exchange for money, profit or any other consideration.
this Ordinance. For this reason, the municipal
government is hereby invoking the principle of local (d) Forced Labor and Slavery – refer to the
autonomy embodied in Article X of the 1987 extraction of work or services from any person by means
Constitution and the plenary police power of local of enticement, violence, intimidation or threat, use of force
governments expressed in Section 16 (General or coercion, including deprivation of freedom, abuse of
Welfare Clause) of the Local Government Code, in authority or moral ascendancy, debt-bondage or
relation to Section 16(j) of R.A. 9208, which deception.
explicitly mandates LGUs to monitor and document
trafficking cases and Section 19 of its Implementing (e) Sex Tourism – refers to a program organized
Rules and Regulations, which clearly directs LGUs to by travel and tourism-related establishments and
“enact ordinances or issuances aimed at providing individuals which consists of tourism packages or
protection and support to trafficked persons and activities, utilizing and offering escort and sexual services
adopt measures to prevent and suppress trafficking as enticements for tourists. This includes sexual services
in persons”. and practices offered during rest and recreation periods
for members of the military.
Section 3. Definition of Terms. – As used in
this Ordinance: (f) Sexual Exploitation – refers to participation
by a person in prostitution or the production of
(a) Trafficking in Persons – refers to the pornographic materials as a result of being subjected to a
recruitment, transportation, transfer or harboring, or threat, deception, coercion, abduction, force, abuse of
receipt of persons with or without the victim’s consent or authority, debt-bondage, fraud, or through abuse of victim
knowledge, within or across national borders by means of ‘s vulnerability.
threat or use of force, or other forms of coercion,
abduction, fraud, deception, abuse of power or of position, (g) Debt Bondage – refers to the pledging by the
taking advantage of the vulnerability of the person, or, the debtor of his/her personal services or labor those of a
giving or receiving of payments or benefits to achieve the person under his/her control as security or payment for a
consent of a person having control over another person for debt, when the length and nature of services is not clearly
the purpose of exploitation which includes at a minimum, defined or when the value of the services as reasonably
the exploitation or the prostitution of others or other forms assessed is not applied toward the liquidation of the debt.
(h) Pornography – refers to any representation, 4. To undertake or organize tours and travel
through publication, exhibition, cinematography, indecent plans consisting of tourism or activities for
shows, information technology, or by whatever means, of the purpose of utilizing and offering persons
a person engaged in real or simulated explicit sexual for prostitution, pornography or sexual
activities or any representation of the sexual parts of a exploitation.
person for primarily sexual purposes.
5. To maintain or hire a person to engage in
prostitution or pornography.
(i) Local Committee – refers to the Local
Committee on Anti-Trafficking and Violence Against 6. To adopt, or facilitate the adoption of persons
Women and their Children (LCATVAWC) established for the purpose of prostitution, pornography,
those done under the pretext of domestic or to be used, any house, building or
3. To offer or contract marriage, real or distribution by any means, including the use
simulated, for the purpose of acquiring, of information technology and the internet, of
buying, offering, selling, or trading them to any brochure, flyer, or any propaganda
Vice Chair: The Chair of the Sanggunian c. Discuss with neighboring LGUs the viability of
committee on women and family grouping together and pooling resources for
a more effective delivery of the mandatory
Members: services under RA 9208
Municipal Employment Services Officer f. Conduct and/or provide for the training of
Chief of the local Philippine National Police LGU personnel involved in anti-trafficking
(PNP) programs and/or activities
President of the Liga ng mga Barangay
g. Establish a sex- and age-disaggregated report to the IACAT on the situation of trafficking in
data base on cases of trafficking in persons persons within the municipality, as well as on the policies
and programs instituted to respond to the problem.
h. Submit an annual report to the Council
i. Perform such other related functions or tasks Section 11. Visitation Powers. – (a) As an
as may be imposed by law or ordinance. incident to its mandated duty under Section 9 of this
Ordinance, the municipal government shall conduct
Section 9. Monitor and document cases of inspection, in coordination with proper authorities, of
trafficking in persons. – (a) The municipal government houses, buildings, or establishments reported as being
shall monitor and document cases of trafficking in persons used for trafficking activities.
within its territorial jurisdiction.
(b) It shall provide financial support and technical Section 20. Penalties and Sanctions for
assistance to BCPCs and qualified and accredited NGOs Violations of this Ordinance. – The following acts or
and POs that are engaged in activities for the protection, omissions shall be deemed violations of this Ordinance
recovery and reintegration of victims of trafficking. and shall be subject to the imposition of the corresponding
penal sanctions:
Section 17. Mandatory services to trafficked
persons. – (a) Pursuant to Section 23 of R.A. No. 9208, the a. Any public official/officer who has any
municipal government shall, in coordination with the knowledge or learns of facts or
concerned government agencies, make available the circumstances that give rise to a reasonable
following mandatory services to trafficked persons. belief that a person will be, or may be, or has
been trafficked, and fails to immediately
1. Emergency shelter or appropriate housing report such to the LCATVAWC or other
concerned agencies shall be penalized with a
2. Counseling
fine of P 2, 500.00 or imprisonment not
3. Free legal services, which shall include exceeding 6 months.
information about the victim’s rights and the
procedure for filing complaints, claiming b. If the offender above is a private person, the
compensation and such other legal remedies penalty shall be a fine of P2, 500.00 or
available to them, in a language understood imprisonment not exceeding 3 months.
by the trafficked person