Republic of the Philippines and reintegration into the mainstream

Congress of the Philippines of society.

Metro Manila
"It shall be a State policy to recognize the
Twelfth Congress equal rights and inherent human dignity
Second Regular Session of women and men as enshrined in the
United Nations Universal Declaration on
Begun held in Metro Manila on Monday, Human Rights, United Nations
the twenty-second day of July, two Convention on the Elimination of All
thousand two Forms of Discrimination Against
Women, United Nations Convention on
Republic Act No. 9208 May 26, the Rights of the Child, United Nations
2003 Convention on the Protection of Migrant
AN ACT TO INSTITUTE POLICIES TO Workers and their Families, United
ELIMINATE TRAFFICKING IN Nations Convention Against
PERSONS ESPECIALLY WOMEN AND Transnational Organized Crime
CHILDREN, ESTABLISHING THE Including its Protocol to Prevent,
NECESSARY INSTITUTIONAL Suppress and Punish Trafficking in
MECHANISMS FOR THE PROTECTION Persons, Especially Women and
AND SUPPORT OF TRAFFICKED Children and all other relevant and
PERSONS, PROVIDING PENALTIES universally accepted human rights
FOR ITS VIOLATIONS, AND FOR instruments and other international
OTHER conventions to which the Philippines is
a signatory."
Be it enacted by the Senate and the House
of Representatives of the Philippines in "SEC. 3. Definition of Terms. – As used in
Congress assembled: this Act:

Section 1. Title. This Act shall be known "(a) Trafficking in Persons – refers to
as the "Anti-Trafficking in Persons the recruitment, obtaining, hiring,
Act of 2003". providing, offering, transportation,
transfer, maintaining, harboring, or
"SEC. 2. Declaration of Policy. – It is receipt of persons with or without the
hereby declared that the State values the victim’s consent or knowledge, within
dignity of every human person and or across national borders by means of
guarantees the respect of individual threat, or use of force, or other forms of
rights. In pursuit of this policy, the State coercion, abduction, fraud, deception,
shall give highest priority to the abuse of power or of position, taking
enactment of measures and advantage of the vulnerability of the
development of programs that will person, or, the giving or receiving of
promote human dignity, protect the payments or benefits to achieve the
people from any threat of violence and consent of a person having control
exploitation, eliminate trafficking in over another person for the purpose of
persons, and mitigate pressures for exploitation which includes at a
involuntary migration and servitude of minimum, the exploitation or the
persons, not only to support trafficked prostitution of others or other forms of
persons but more importantly, to sexual exploitation, forced labor or
ensure their recovery, rehabilitation services, slavery, servitude or the
removal or sale of organs.
"The recruitment, transportation, such condition, he or she or another
transfer, harboring, adoption or person would suffer serious harm or
receipt of a child for the purpose of other forms of abuse or physical
exploitation or when the adoption is restraint, or threat of abuse or harm, or
induced by any form of consideration coercion including depriving access to
for exploitative purposes shall also be travel documents and withholding
considered as ‘trafficking in persons’ salaries, or the abuse or threatened
even if it does not involve any of the abuse of the legal process.
means set forth in the preceding
paragraph. "(g) Sex Tourism – refers to a program
organized by travel and tourism-
"(b) Child – refers to a person below related establishments and individuals
eighteen (18) years of age or one who which consists of tourism packages or
is over eighteen (18) but is unable to activities, utilizing and offering escort
fully take care of or protect and sexual services as enticement for
himself/herself from abuse, neglect, tourists. This includes sexual services
cruelty, exploitation, or discrimination and practices offered during rest and
because of a physical or mental recreation periods for members of the
disability or condition. military.

"(c) Prostitution – refers to any act, "(h) Sexual Exploitation – refers to

transaction, scheme or design participation by a person in
involving the use of a person by prostitution, pornography or the
another, for sexual intercourse or production of pornography, in
lascivious conduct in exchange for exchange for money, profit or any
money, profit or any other other consideration or where the
consideration. participation is caused or facilitated by
any means of intimidation or threat,
"(d) Forced Labor – refers to the use of force, or other forms of coercion,
extraction of work or services from abduction, fraud, deception, debt
any person by means of enticement, bondage, abuse of power or of position
violence, intimidation or threat, use of, or of legal process, taking advantage of
force or coercion, including the vulnerability of the person, or
deprivation of freedom, abuse of giving or receiving of payments or
authority or moral ascendancy, debt- benefits to achieve the consent of a
bondage or deception including any person having control over another
work or service extracted from any person; or in sexual intercourse or
person under the menace of penalty. lascivious conduct caused or
facilitated by any means as provided in
"(e) Slavery – refers to the status or this Act.
condition of a person over whom any
or all of the powers attaching to the "(i) Debt Bondage – refers to the
right of ownership are exercised. pledging by the debtor of his/her
personal services or labor or those of a
"(f) Involuntary Servitude – refers to a person under his/her control as
condition of enforced and compulsory security or payment for a debt, when
service induced by means of any the length and nature of services is not
scheme, plan or pattern, intended to clearly defined or when the value of
cause a person to believe that if he or the services as reasonably assessed is
she did not enter into or continue in
 not applied toward the liquidation of forced labor or slavery, involuntary
the debt. servitude or debt bondage;

"(j) Pornography – refers to any "(d) To undertake or organize tours

representation, through publication, and travel plans consisting of tourism
exhibition, cinematography, indecent packages or activities for the purpose
shows, information technology, or by of utilizing and offering persons for
whatever means, of a person engaged prostitution, pornography or sexual
in real or simulated explicit sexual exploitation;
activities or any representation of the
sexual parts of a person for primarily "(e) To maintain or hire a person to
sexual purposes. engage in prostitution or
pornography;
"(k) Council – shall mean the Inter-
Agency Council Against Trafficking "(f) To adopt persons by any form of
created under Section 20 of this Act." consideration for exploitative
purposes or to facilitate the same for
"SEC. 4. Acts of Trafficking in Persons. – It purposes of prostitution, pornography,
shall be unlawful for any person, natural sexual exploitation, forced labor,
or juridical, to commit any of the slavery, involuntary servitude or debt
following acts: bondage;

"(a) To recruit, obtain, hire, provide, "(g) To adopt or facilitate the adoption
offer, transport, transfer, maintain, of persons for the purpose of
harbor, or receive a person by any prostitution, pornography, sexual
means, including those done under the exploitation, forced labor, slavery,
pretext of domestic or overseas involuntary servitude or debt
employment or training or bondage;
apprenticeship, for the purpose of
prostitution, pornography, or sexual "(h) To recruit, hire, adopt, transport,
exploitation; transfer, obtain, harbor, maintain,
provide, offer, receive or abduct a
"(b) To introduce or match for money, person, by means of threat or use of
profit, or material, economic or other force, fraud, deceit, violence, coercion,
consideration, any person or, as or intimidation for the purpose of
provided for under Republic Act No. removal or sale of organs of said
6955, any Filipino woman to a foreign person;
national, for marriage for the purpose
of acquiring, buying, offering, selling or "(i) To recruit, transport, obtain,
trading him/her to engage in transfer, harbor, maintain, offer, hire,
prostitution, pornography, sexual provide, receive or adopt a child to
exploitation, forced labor, slavery, engage in armed activities in the
involuntary servitude or debt Philippines or abroad;
bondage;
"(j) To recruit, transport, transfer,
"(c) To offer or contract marriage, real harbor, obtain, maintain, offer, hire,
or simulated, for the purpose of provide or receive a person by means
acquiring, buying, offering, selling, or defined in Section 3 of this Act for
trading them to engage in prostitution, purposes of forced labor, slavery, debt
pornography, sexual exploitation, bondage and involuntary servitude,
including a scheme, plan, or pattern "SEC. 4-A. Attempted Trafficking in
intended to cause the person either: Persons. – Where there are acts to
initiate the commission of a trafficking
"(1) To believe that if the person did offense but the offender failed to or did
not perform such labor or services, not execute all the elements of the crime,
he or she or another person would by accident or by reason of some cause
suffer serious harm or physical other than voluntary desistance, such
restraint; or overt acts shall be deemed as an attempt
to commit an act of trafficking in
"(2) To abuse or threaten the use of persons. As such, an attempt to commit
law or the legal processes; and any of the offenses enumerated in
"(k) To recruit, transport, harbor, Section 4 of this Act shall constitute
obtain, transfer, maintain, hire, offer, attempted trafficking in persons.
provide, adopt or receive a child for "In cases where the victim is a child, any
purposes of exploitation or trading of the following acts shall also be
them, including but not limited to, the deemed as attempted trafficking in
act of baring and/or selling a child for persons:
any consideration or for barter for
purposes of exploitation. Trafficking "(a) Facilitating the travel of a child
for purposes of exploitation of children who travels alone to a foreign country
shall include: or territory without valid reason
therefor and without the required
"(1) All forms of slavery or practices clearance or permit from the
similar to slavery, involuntary Department of Social Welfare and
servitude, debt bondage and forced Development, or a written permit or
labor, including recruitment of justification from the child’s parent or
children for use in armed conflict; legal guardian;
"(2) The use, procuring or offering of "(b) Executing, for a consideration, an
a child for prostitution, for the affidavit of consent or a written
production of pornography, or for consent for adoption;
pornographic performances;
"(c) Recruiting a woman to bear a child
"(3) The use, procuring or offering of for the purpose of selling the child;
a child for the production and
trafficking of drugs; and "(d) Simulating a birth for the purpose
of selling the child; and
"(4) The use, procuring or offering of
a child for illegal activities or work "(e) Soliciting a child and acquiring the
which, by its nature or the custody thereof through any means
circumstances in which it is carried from among hospitals, clinics,
out, is likely to harm their health, nurseries, daycare centers, refugee or
safety or morals; and evacuation centers, and low-income
families, for the purpose of selling the
"(l) To organize or direct other persons child."
to commit the offenses defined as acts
of trafficking under this Act." "SEC. 4-B. Accomplice Liability. –
Whoever knowingly aids, abets,
cooperates in the execution of the
offense by previous or simultaneous markers as proof of compliance with
acts defined in this Act shall be punished government regulatory and pre-
in accordance with the provisions of departure requirements for the
Section 10(c) of this Act." purpose of promoting trafficking in
persons;
"SEC. 4-C. Accessories. – Whoever has
the knowledge of the commission of the (c) To advertise, publish, print,
crime, and without having participated broadcast or distribute, or cause the
therein, either as principal or as advertisement, publication, printing,
accomplices, take part in its commission broadcasting or distribution by any
in any of the following manners: means, including the use of
information technology and the
"(a) By profiting themselves or internet, of any brochure, flyer, or any
assisting the offender to profit by the propaganda material that promotes
effects of the crime; trafficking in persons;
"(b) By concealing or destroying the (d) To assist in the conduct of
body of the crime or effects or misrepresentation or fraud for
instruments thereof, in order to purposes of facilitating the acquisition
prevent its discovery; of clearances and necessary exit
documents from government agencies
"(c) By harboring, concealing or that are mandated to provide pre-
assisting in the escape of the principal departure registration and services for
of the crime, provided the accessory departing persons for the purpose of
acts with abuse of his or her public promoting trafficking in persons;
functions or is known to be habitually
guilty of some other crime. (e) To facilitate, assist or help in the
exit and entry of persons from/to the
"Acts defined in this provision shall be country at international and local
punished in accordance with the airports, territorial boundaries and
provision of Section 10(d) as stated seaports who are in possession of
thereto." unissued, tampered or fraudulent
Section 5. Acts that Promote Trafficking travel documents for the purpose of
in Persons. - The following acts which promoting trafficking in persons;
promote or facilitate trafficking in (f) To confiscate, conceal, or destroy
persons, shall be unlawful: the passport, travel documents, or
(a) To knowingly lease or sublease, use personal documents or belongings of
or allow to be used any house, building trafficked persons in furtherance of
or establishment for the purpose of trafficking or to prevent them from
promoting trafficking in persons; leaving the country or seeking redress
from the government or appropriate
"(b) To produce, print and issue or agencies; and
distribute unissued, tampered or fake
counseling certificates, registration (g) To knowingly benefit from,
stickers, overseas employment financial or otherwise, or make use of,
certificates or other certificates of any the labor or services of a person held
government agency which issues these to a condition of involuntary servitude,
certificates, decals and such other forced labor, or slavery.
 "(h) To tamper with, destroy, or cause committed against three (3) or more
the destruction of evidence, or to persons, individually or as a group;
influence or attempt to influence
witnesses, in an investigation or "(d) When the offender is a spouse, an
prosecution of a case under this Act; ascendant, parent, sibling, guardian or
a person who exercises authority over
"(i) To destroy, conceal, remove, the trafficked person or when the
confiscate or possess, or attempt to offense is committed by a public officer
destroy, conceal, remove, confiscate or or employee;
possess, any actual or purported
passport or other travel, immigration (e) When the trafficked person is
or working permit or document, or any recruited to engage in prostitution
other actual or purported government with any member of the military or law
identification, of any person in order to enforcement agencies;
prevent or restrict, or attempt to
prevent or restrict, without lawful "(f) When the offender is a member of
authority, the person’s liberty to move the military or law enforcement
or travel in order to maintain the labor agencies;
or services of that person; or "(g) When by reason or on occasion of
"(j) To utilize his or her office to the act of trafficking in persons, the
impede the investigation, prosecution offended party dies, becomes insane,
or execution of lawful orders in a case suffers mutilation or is afflicted with
under this Act." Human Immunodeficiency Virus (HIV)
or the Acquired Immune Deficiency
"SEC. 6. Qualified Trafficking in Persons. Syndrome (AIDS);
– Violations of Section 4 of this Act shall
be considered as qualified trafficking: "(h) When the offender commits one or
more violations of Section 4 over a
(a) When the trafficked person is a period of sixty (60) or more days,
child; whether those days are continuous or
not; and
(b) When the adoption is effected
through Republic Act No. 8043, "(i) When the offender directs or
otherwise known as the "Inter- through another manages the
Country Adoption Act of 1995" and trafficking victim in carrying out the
said adoption is for the purpose of exploitative purpose of trafficking."
prostitution, pornography, sexual
exploitation, forced labor, slavery, "SEC. 7. Confidentiality. – At any stage of
involuntary servitude or debt the investigation, rescue, prosecution
bondage; and trial of an offense under this Act, law
enforcement officers, prosecutors,
(c) When the crime is committed by a judges, court personnel, social workers
syndicate, or in large scale. Trafficking and medical practitioners, as well as
is deemed committed by a syndicate if parties to the case, shall protect the right
carried out by a group of three (3) or to privacy of the trafficked person.
more persons conspiring or Towards this end, law enforcement
confederating with one another. It is officers, prosecutors and judges to
deemed committed in large scale if whom the complaint has been referred
may, whenever necessary to ensure a
fair and impartial proceeding, and after information about trafficking in persons
considering all circumstances for the cases.
best interest of the parties, order a
closed-door investigation, prosecution "(b) Prosecution of Cases. – Any person
or trial. The name and personal who has personal knowledge of the
circumstances of the trafficked person commission of any offense under this
or any other information tending to Act, such as the trafficked person, the
establish the identity of the trafficked parents, spouse, siblings, children or
person and his or her family shall not be legal guardian may file a complaint for
disclosed to the public. trafficking.

"It shall be unlawful for any editor, "(c) Affidavit of Desistance. – Cases
publisher, and reporter or columnist in involving trafficking in persons should
case of printed materials, announcer or not be dismissed based on the affidavit
producer in case of television and radio, of desistance executed by the victims or
producer and director of a film in case of their parents or legal guardians. Public
the movie industry, or any person and private prosecutors are directed to
utilizing tri-media facilities or electronic oppose and manifest objections to
information technology to cause motions for dismissal.
publicity of the name, personal
circumstances, or any information "Any act involving the means provided
tending to establish the identity of the in this Act or any attempt thereof for the
trafficked person except when the purpose of securing an Affidavit of
trafficked person in a written statement Desistance from the complainant shall
duly notarized knowingly, voluntarily be punishable under this Act."
and willingly waives said Section 9. Venue. - A criminal action
confidentiality. arising from violation of this Act shall be
"Law enforcement officers, prosecutors, filed where the offense was committed,
judges, court personnel, social workers or where any of its elements occurred,
and medical practitioners shall be or where the trafficked person actually
trained on the importance of resides at the time of the commission of
maintaining confidentiality as a means the offense: Provided, That the court
to protect the right to privacy of victims where the criminal action is first filed
and to encourage victims to file shall acquire jurisdiction to the
complaints." exclusion of other courts.

"SEC. 8. Initiation and Prosecution of "SEC. 10. Penalties and Sanctions. – The
Cases. – following penalties and sanctions are
hereby established for the offenses
"(a) Initiation of Investigation. – Law enumerated in this Act:
enforcement agencies are mandated to
immediately initiate investigation and "(a) Any person found guilty of
counter-trafficking-intelligence committing any of the acts enumerated
gathering upon receipt of statements or in Section 4 shall suffer the penalty of
affidavit from victims of trafficking, imprisonment of twenty (20) years and
migrant workers, or their families who a fine of not less than One million pesos
are in possession of knowledge or (P1,000,000.00) but not more than Two
million pesos (P2,000,000.00);
"(b) Any person found guilty of establishment or any juridical person,
committing any of the acts enumerated the penalty shall be imposed upon the
in Section 4-A of this Act shall suffer the owner, president, partner, manager,
penalty of imprisonment of fifteen (15) and/or any responsible officer who
years and a fine of not less than Five participated in the commission of the
hundred thousand pesos (P500,000.00) crime or who shall have knowingly
but not more than One million pesos permitted or failed to prevent its
(P1,000,000.00); commission;

"(c) Any person found guilty of Section "(h) The registration with the Securities
4-B of this Act shall suffer the penalty of and Exchange Commission (SEC) and
imprisonment of fifteen (15) years and a license to operate of the erring agency,
fine of not less than Five hundred corporation, association, religious
thousand pesos (P500,000.00) but not group, tour or travel agent, club or
more than One million pesos establishment, or any place of
(P1,000,000.00); entertainment shall be cancelled and
revoked permanently. The owner,
"In every case, conviction shall cause president, partner or manager thereof
and carry the automatic revocation of shall not be allowed to operate similar
the license or registration of the establishments in a different name;
recruitment agency involved in
trafficking. The license of a recruitment "(i) If the offender is a foreigner, he or
agency which trafficked a child shall be she shall be immediately deported after
automatically revoked. serving his or her sentence and be
barred permanently from entering the
"(d) Any person found, guilty of country;
committing any of the acts enumerated
in Section 5 shall suffer the penalty of "(j) Any employee or official of
imprisonment of fifteen (15) years and a government agencies who shall issue or
fine of not less than Five hundred approve the issuance of travel exit
thousand pesos (P500,000.00) but not clearances, passports, registration
more than One million pesos certificates, counseling certificates,
(P1,000,000.00); marriage license, and other similar
documents to persons, whether juridical
"(e) Any person found guilty of qualified or natural, recruitment agencies,
trafficking under Section 6 shall suffer establishments or other individuals or
the penalty of life imprisonment and a groups, who fail to observe the
fine of not less than Two million pesos prescribed procedures and the
(P2,000,000.00) but not more than Five requirement as provided for by laws,
million pesos (P5,000,000.00); rules and regulations, shall be held
administratively liable, without
"(f) Any person who violates Section 7 prejudice to criminal liability under this
hereof shall suffer the penalty of Act. The concerned government official
imprisonment of six (6) years and a fine or employee shall, upon conviction, be
of not less than Five hundred thousand dismissed from the service and be
pesos (P500,000.00) but not more than barred permanently to hold public
One million pesos (P1,000,000.00); office. His or her retirement and other
"(g) If the offender is a corporation, benefits shall likewise be forfeited; and
partnership, association, club,
"(k) Conviction, by final judgment of the (P5,000,000.00) and imprisonment
adopter for any offense under this Act of reclusion perpetua or forty (40)
shall result in the immediate rescission years imprisonment with no
of the decree of adoption." possibility of parole; except that if a
person violating paragraph (a) of this
"SEC. 11. Use of Trafficked Persons. – Any section knows the person that
person who buys or engages the provided prostitution services is in fact
services of a trafficked person for a victim of trafficking, the offender
prostitution shall be penalized with the shall not be likewise penalized under
following: Provided, That the Probation this section but under Section 10 as a
Law (Presidential Decree No. 968) shall person violating Section 4; and if in
not apply: committing such an offense, the
offender also knows a qualifying
"(a) Prision Correccional in its circumstance for trafficking, the
maximum period to prision mayor or offender shall be penalized under
six (6) years to twelve (12) years Section 10 for qualified trafficking. If in
imprisonment and a fine of not less violating this section the offender also
than Fifty thousand pesos violates Section 4, the offender shall be
(P50,000.00) but not more than One penalized under Section 10 and, if
hundred thousand pesos applicable, for qualified trafficking
(P100,000.00): Provided, instead of under this section;
however, That the following acts shall
be exempted thereto: "(b) Deportation. – If a foreigner
commits any offense described by
"(1) If an offense under paragraph (a) paragraph (1) or (2) of this section or
involves sexual intercourse or violates any pertinent provision of this
lascivious conduct with a child, the Act as an accomplice or accessory to, or
penalty shall be reclusion temporal in by attempting any such offense, he or
its medium period to reclusion she shall be immediately deported
perpetua or seventeen (17) years to after serving his or her sentence and be
forty (40) years imprisonment and a barred permanently from entering the
fine of not less than Five hundred country; and
thousand pesos (P500,000.00) but not
more than One million pesos "(c) Public Official. – If the offender is a
(P1,000,000.00); public official, he or she shall be
dismissed from service and shall suffer
"(2) If an offense under paragraph (a) perpetual absolute disqualification to
involves carnal knowledge of, or sexual hold public, office, in addition to any
intercourse with, a male or female imprisonment or fine received
trafficking victim and also involves the pursuant to any other provision of this
use of force or intimidation, to a victim Act."
deprived of reason or to an
unconscious victim, or a victim under "SEC. 12. Prescriptive Period. –
twelve (12) years of age, instead of the Trafficking cases under this Act shall
penalty prescribed in the prescribe in ten (10) years: Provided,
subparagraph above the penalty shall however, That trafficking cases
be a fine of not less than One million committed by a syndicate or in a large
pesos (P1,000,000.00) but not more scale as defined under Section 6, or
than Five million pesos
against a child, shall prescribe in twenty removed, converted or transferred to
(20) years. prevent the same from being found or to
avoid forfeiture or confiscation, the
"The prescriptive period shall offender shall be ordered to pay the
commence to run from the day on which amount equal to the value of the
the trafficked person is delivered or proceeds, property or instruments of
released from the conditions of the offense.
bondage, or in the case of a child victim,
from the day the child reaches the age of Section 15. Trust Fund. - All fines
majority, and shall be interrupted by the imposed under this Act and the
filing of the complaint or information proceeds and properties forfeited and
and shall commence to run again when confiscated pursuant to Section 14
the proceedings terminate without the hereof shall accrue to a Trust Fund to be
accused being convicted or acquitted or administered and managed by the
are unjustifiably stopped for any reason Council to be used exclusively for
not imputable to the accused." programs that will prevent acts of
trafficking and protect, rehabilitate,
Section 13. Exemption from Filing reintegrate trafficked persons into the
Fees. - When the trafficked person mainstream of society. Such programs
institutes a separate civil action for the shall include, but not limited to, the
recovery of civil damages, he/she shall following:
be exempt from the payment of filing
fees. (a) Provision for mandatory services
set forth in Section 23 of this Act;
Section 14. Confiscation and Forfeiture
of the Proceeds and Instruments Derived (b) Sponsorship of a national research
from Trafficking in Persons. - In addition program on trafficking and
to the penalty imposed for the violation establishment of a data collection
of this Act, the court shall order the system for monitoring and evaluation
confiscation and forfeiture, in favor of purposes;
the government, of all the proceeds and
properties derived from the commission (c) Provision of necessary technical
of the crime, unless they are the and material support services to
property of a third person not liable for appropriate government agencies and
the unlawful act; Provided, non-government organizations
however, That all awards for damages (NGOs);
shall be taken from the personal and
separate properties of the (d) Sponsorship of conferences and
offender; Provided, further, That if such seminars to provide venue for
properties are insufficient, the balance consensus building amongst the
shall be taken from the confiscated and public, the academe, government,
forfeited properties. NGOs and international organizations;
and
When the proceeds, properties and
instruments of the offense have been (e) Promotion of information and
destroyed, diminished in value or education campaign on trafficking.
otherwise rendered worthless by any "SEC. 16. Programs that Address
act or omission, directly or indirectly, of Trafficking in Persons. – The
the offender, or it has been concealed, government shall establish and
implement preventive, protective and overseas under Republic Act No. 8042,
rehabilitative programs for trafficked as amended.
persons. For this purpose, the following
agencies are hereby mandated to "(b) Department of Social Welfare and
implement the following programs: Development (DSWD) – shall
implement rehabilitative and
"(a) Department of Foreign Affairs protective programs for trafficked
(DFA) – shall make available its persons. It shall provide counseling
resources and facilities overseas for and temporary shelter to trafficked
trafficked persons regardless of their persons and develop a system for
manner of entry to the receiving accreditation among NGOs for
country, and explore means to further purposes of establishing centers and
enhance its assistance in eliminating programs for intervention in various
trafficking activities through closer levels of the community. It shall
networking with government agencies establish free temporary shelters, for
in the country and overseas, the protection and housing of
particularly in the formulation of trafficked persons to provide the
policies and implementation of following basic services to trafficked
relevant programs. It shall provide persons:
Filipino victims of trafficking overseas
with free legal assistance and counsel "(1) Temporary housing and food
to pursue legal action against his or her facilities;
traffickers, represent his or her
interests in any criminal investigation "(2) Psychological support and
or prosecution, and assist in the counseling;
application for social benefits and/or "(3) 24-hour call center for crisis
regular immigration status as may be calls and technology-based
allowed or provided for by the host counseling and referral system;
country. The DFA shall repatriate
trafficked Filipinos with the consent of "(4) Coordination with local law
the victims. enforcement entities; and
"The DFA shall take necessary "(5) Coordination with the
measures for the efficient Department of Justice, among
implementation of the Electronic others.
Passporting System to protect the
integrity of Philippine passports, visas "The DSWD must conduct information
and other travel documents to reduce campaigns in communities and schools
the incidence of trafficking through the teaching parents and families that
use of fraudulent identification receiving consideration in exchange
documents. for adoption is punishable under the
law. Furthermore, information
"In coordination with the Department campaigns must be conducted with the
of Labor and Employment, it shall police that they must not induce poor
provide free temporary shelters and women to give their children up for
other services to Filipino victims of adoption in exchange for
trafficking overseas through the consideration.
migrant workers and other overseas
Filipinos resource centers established
"(c) Department of Labor and enforcement agencies to undertake
Employment (DOLE) – shall ensure the surveillance, investigation and arrest
strict implementation and compliance of individuals or persons suspected to
with the rules and guidelines relative be engaged in trafficking. They shall
to the employment of persons locally closely coordinate with each other and
and overseas. It shall likewise monitor, with other law enforcement agencies
document and report cases of to secure concerted efforts for
trafficking in persons involving effective investigation and
employers and labor recruiters. apprehension of suspected traffickers.
They shall also establish a system to
"(d) Department of Justice (DOJ) – shall receive complaints and calls to assist
ensure the prosecution of persons trafficked persons and conduct rescue
accused of trafficking and designate operations.
and train special prosecutors who
shall handle and prosecute cases of "(h) Philippine Overseas Employment
trafficking. It shall also establish a Administration (POEA) and Overseas
mechanism for free legal assistance for Workers and Welfare Administration
trafficked persons, in coordination (OWWA) – POEA shall implement Pre-
with the DSWD, Integrated Bar of the Employment Orientation Seminars
Philippines (IBP) and other NGOs and (PEOS) while Pre-Departure
volunteer groups. Orientation Seminars (PDOS) shall be
conducted by the OWWA. It shall
"(e) Philippine Commission on Women likewise formulate a system of
(PCW) – shall actively participate and providing free legal assistance to
coordinate in the formulation and trafficked persons, in coordination
monitoring of policies addressing the with the DFA.
issue of trafficking in persons in
coordination with relevant "The POEA shall create a blacklist of
government agencies. It shall likewise recruitment agencies, illegal recruiters
advocate for the inclusion of the issue and persons facing administrative,
of trafficking in persons in both its civil and criminal complaints for
local and international advocacy for trafficking filed in the receiving
women’s issues. country and/or in the Philippines and
those agencies, illegal recruiters and
"(f) Bureau of Immigration (BI) – shall persons involved in cases of trafficking
strictly administer and enforce who have been rescued by the DFA and
immigration and alien administration DOLE in the receiving country or in the
laws. It shall adopt measures for the Philippines even if no formal
apprehension of suspected traffickers administrative, civil or criminal
both at the place of arrival and complaints have been
departure and shall ensure compliance filed: Provided, That the rescued
by the Filipino fiancés/fiancées and victims shall execute an affidavit
spouses of foreign nationals with the attesting to the acts violative of the
guidance and counseling requirement anti-trafficking law. This blacklist shall
as provided for in this Act. be posted in conspicuous places in
concerned government agencies and
"(g) Philippine National Police (PNP) shall be updated bi-monthly.
and National Bureau of Investigation
(NBI) – shall be the primary law
"The blacklist shall likewise be posted "(k) Local government units (LGUs) –
by the POEA in the shared government shall monitor and document cases of
information system, which is trafficking in persons in their areas of
mandated to be established under jurisdiction, effect the cancellation of
Republic Act No. 8042, as amended. licenses of establishments which
violate the provisions of this Act and
"The POEA and OWWA shall accredit ensure effective prosecution of such
NGOs and other service providers to cases. They shall also undertake an
conduct PEOS and PDOS, respectively. information campaign against
The PEOS and PDOS should include the trafficking in persons through the
discussion and distribution of the establishment of the Migrants
blacklist. Advisory and Information Network
(MAIN) desks in municipalities or
"The license or registration of a provinces in coordination with the
recruitment agency that has been DILG, Philippine Information Agency
blacklisted may be suspended by the (PIA), Commission on Filipinos
POEA upon a review of the complaints Overseas (CFO), NGOs and other
filed against said agency. concerned agencies. They shall
"(i) Department of the Interior and encourage and support community-
Local Government (DILG) – shall based initiatives which address the
institute a systematic information and trafficking in persons.
prevention campaign in coordination "In implementing this Act, the agencies
with pertinent agencies of government concerned may seek and enlist the
as provided for in this Act. It shall assistance of NGOs, people’s
provide training programs to local organizations (POs), civic
government units, in coordination organizations and other volunteer
with the Council, in ensuring wide groups."
understanding and application of this
Act at the local level. "SEC. 16-A. Anti-Trafficking in Persons
Database. – An anti-trafficking in
"(j) Commission on Filipinos Overseas persons central database shall be
– shall conduct pre-departure established by the Inter-Agency Council
counseling services for Filipinos in Against Trafficking created under
intermarriages. It shall develop a Section 20 of this Act. The Council shall
system for accreditation of NGOs that submit a report to the President of the
may be mobilized for purposes of Philippines and to Congress, on or
conducting pre-departure counseling before January 15 of every year, with
services for Filipinos in respect to the preceding year’s
intermarriages. As such, it shall ensure programs and data on trafficking-
that the counselors contemplated related cases.
under this Act shall have the minimum
qualifications and training of guidance "All government agencies tasked under
counselors as provided for by law. the law to undertake programs and
render assistance to address trafficking
"It shall likewise assist in the conduct in persons shall develop their respective
of information campaigns against monitoring and data collection systems,
trafficking in coordination with local and databases, for purposes of ensuring
government units, the Philippine efficient collection and storage of data
Information Agency, and NGOs.
on cases of trafficking in persons person to the intended exploitation set
handled by their respective offices. Such forth in this Act shall be irrelevant.
data shall be submitted to the Council
for integration in a central database "Victims of trafficking for purposes of
system. prostitution as defined under Section 4
of this Act are not covered by Article 202
"For this purpose, the Council is hereby of the Revised Penal Code and as such,
tasked to ensure the harmonization and shall not be prosecuted, fined, or
standardization of databases, including otherwise penalized under the said
minimum data requirements, law."
definitions, reporting formats, data
collection systems, and data verification "SEC. 17-A. Temporary Custody of
systems. Such databases shall have, at Trafficked Victims. – The rescue of
the minimum, the following victims should be done as much as
information: possible with the assistance of the
DSWD or an accredited NGO that
"(a) The number of cases of services trafficked victims. A law
trafficking in persons, sorted enforcement officer, on a reasonable
according to status of cases, suspicion that a person is a victim of any
including the number of cases being offense defined under this Act including
investigated, submitted for attempted trafficking, shall immediately
prosecution, dropped, and filed place that person in the temporary
and/or pending before the courts custody of the local social welfare and
and the number of convictions and development office, or any accredited or
acquittals; licensed shelter institution devoted to
protecting trafficked persons after the
"(b) The profile/information on each rescue."
case;
"SEC. 17-B. Irrelevance of Past Sexual
"(c) The number of victims of Behavior, Opinion Thereof or Reputation
trafficking in persons referred to the of Victims and of Consent of Victims in
agency by destination Cases of Deception, Coercion and Other
countries/areas and by area of Prohibited Means. – The past sexual
origin; and behavior or the sexual predisposition of
a trafficked person shall be considered
"(d) Disaggregated data on inadmissible in evidence for the
trafficking victims and the purpose of proving consent of the victim
accused/defendants." to engage in sexual behavior, or to prove
"SEC. 17. Legal Protection to Trafficked the predisposition, sexual or otherwise,
Persons. – Trafficked persons shall be of a trafficked person. Furthermore, the
recognized as victims of the act or acts consent of a victim of trafficking to the
of trafficking and as such, shall not be intended exploitation shall be irrelevant
penalized for unlawful acts committed where any of the means set forth in
as a direct result of, or as an incident or Section 3(a) of this Act has been used."
in relation to, being trafficked based on "SEC. 17-C. Immunity from Suit,
the acts of trafficking enumerated in this Prohibited Acts and Injunctive
Act or in obedience to the order made by Remedies. – No action or suit shall be
the trafficker in relation thereto. In this brought, instituted or maintained in any
regard, the consent of a trafficked
court or tribunal or before any other Philippines for a length of time
authority against any: (a) law prescribed by the Council as necessary
enforcement officer; (b) social worker; to effect the prosecution of offenders.
or (c) person acting in compliance with
a lawful order from any of the above, for "SEC. 20. Inter-Agency Council Against
lawful acts done or statements made Trafficking. – There is hereby
during an authorized rescue operation, established an Inter-Agency Council
recovery or rehabilitation/intervention, Against Trafficking, to be composed of
or an investigation or prosecution of an the Secretary of the Department of
anti-trafficking case: Provided, That Justice as Chairperson and the Secretary
such acts shall have been made in good of the Department of Social Welfare and
faith. Development as Co-Chairperson and
shall have the following as members:
"The prosecution of retaliatory suits
against victims of trafficking shall be "(a) Secretary, Department of Foreign
held in abeyance pending final Affairs;
resolution and decision of criminal
complaint for trafficking. "(b) Secretary, Department of Labor
and Employment;
"It shall be prohibited for the DFA, the
DOLE, and the POEA officials, law "(c) Secretary, Department of the
enforcement officers, prosecutors and Interior and Local Government;
judges to urge complainants to abandon "(d) Administrator, Philippine
their criminal, civil and administrative Overseas Employment
complaints for trafficking. Administration;
"The remedies of injunction and "(e) Commissioner, Bureau of
attachment of properties of the Immigration;
traffickers, illegal recruiters and
persons involved in trafficking may be "(f) Chief, Philippine National Police;
issued motu proprio by judges."
"(g) Chairperson, Philippine
Section 18. Preferential Entitlement Commission on Women;
Under the Witness Protection Program. -
Any provision of Republic Act No. 6981 "(h) Chairperson, Commission on
to the contrary notwithstanding, any Filipinos Overseas;
trafficked person shall be entitled to the
witness protection program provided "(i) Executive Director, Philippine
therein. Center for Transnational Crimes; and

Section 19. Trafficked Persons Who are "(j) Three (3) representatives from
Foreign Nationals. - Subject to the NGOs, who shall include one (1)
guidelines issued by the Council, representative each from among the
trafficked persons in the Philippines sectors representing women, overseas
who are nationals of a foreign country Filipinos, and children, with a proven
shall also be entitled to appropriate record of involvement in the
protection, assistance and services prevention and suppression of
available to trafficked persons under trafficking in persons. These
this Act: Provided, That they shall be representatives shall be nominated by
permitted continued presence in the the government agency
 representatives of the Council, for establishments that violate the
appointment by the President for a provisions of this Act;
term of three (3) years.
(h) Formulate a program for the
"The members of the Council may reintegration of trafficked persons in
designate their permanent cooperation with DOLE, DSWD,
representatives who shall have a rank Technical Education and Skills
not lower than an assistant secretary or Development Authority (TESDA),
its equivalent to meetings, and shall Commission on Higher Education
receive emoluments as may be (CHED), LGUs and NGOs;
determined by the Council in
accordance with existing budget and (i) Secure from any department,
accounting rules and regulations." bureau, office, agency, or
instrumentality of the government or
Section 21. Functions of the Council. - from NGOs and other civic
The Council shall have the following organizations such assistance as may
powers and functions: be needed to effectively implement
this Act;
(a) Formulate a comprehensive and
integrated program to prevent and (j) Complement the shared
suppress the trafficking in persons; government information system for
migration established under Republic
(b) Promulgate rules and regulations Act No. 8042, otherwise known as the
as may be necessary for the effective "Migrant Workers and Overseas
implementation of this Act; Filipinos Act of 1995" with data on
cases of trafficking in persons, and
(c) Monitor and oversee the strict ensure that the proper agencies
implementation of this Act; conduct a continuing research and
(d) Coordinate the programs and study on the patterns and scheme of
projects of the various member trafficking in persons which shall form
agencies to effectively address the the basis for policy formulation and
issues and problems attendant to program direction;
trafficking in persons; (k) Develop the mechanism to ensure
(e) Coordinate the conduct of massive the timely, coordinated, and effective
information dissemination and response to cases of trafficking in
campaign on the existence of the law persons;
and the various issues and problems (l) Recommend measures to enhance
attendant to trafficking through the cooperative efforts and mutual
LGUs, concerned agencies, and NGOs; assistance among foreign countries
(f) Direct other agencies to through bilateral and/or multilateral
immediately respond to the problems arrangements to prevent and suppress
brought to their attention and report international trafficking in persons;
to the Council on action taken; (m) Coordinate with the Department
(g) Assist in filing of cases against of Transportation and
individuals, agencies, institutions or Communications (DOTC), Department
of Trade and Industry (DTI), and other
NGOs in monitoring the promotion of
 advertisement of trafficking in the those involving mobilization of
internet; government offices represented in the
Council as well as other relevant
(n) Adopt measures and policies to government offices, task forces, and
protect the rights and needs of mechanisms;
trafficked persons who are foreign
nationals in the Philippines; "(c) Serve as principal assistant to the
Chairperson in the overall supervision
(o) Initiate training programs in of council administrative business;
identifying and providing the
necessary intervention or assistance to "(d) Oversee all council operational
trafficked persons; and activities;

(p) Exercise all the powers and "(e) Ensure an effective and efficient
perform such other functions performance of council functions and
necessary to attain the purposes and prompt implementation of council
objectives of this Act. objectives, policies, plans and
programs;
"SEC. 22. Secretariat to the Council. –
The Department of Justice shall "(f) Propose effective allocations of
establish the necessary Secretariat for resources for implementing council
the Council. objectives, policies, plans and
programs;
"The secretariat shall provide support
for the functions and projects of the "(g) Submit periodic reports to the
Council. The secretariat shall be headed Council on the progress of council
by an executive director, who shall be objectives, policies, plans and
appointed by the Secretary of the DOJ programs;
upon the recommendation of the
Council. The executive director must "(h) Prepare annual reports of all
have adequate knowledge on, training council activities; and
and experience in the phenomenon of
and issues involved in trafficking in "(i) Perform other duties as the Council
persons and in the field of law, law may assign."
enforcement, social work, criminology, Section 23. Mandatory Services to
or psychology. Trafficked Persons. - To ensure recovery,
"The executive director shall be under rehabilitation and reintegration into the
the supervision of the Inter-Agency mainstream of society, concerned
Council Against Trafficking through its government agencies shall make
Chairperson and Co-Chairperson, and available the following services to
shall perform the following functions: trafficked persons:

"(a) Act as secretary of the Council and (a) Emergency shelter or appropriate
administrative officer of its secretariat; housing;

"(b) Advise and assist the Chairperson (b) Counseling;

in formulating and implementing the (c) Free legal services which shall
objectives, policies, plans and include information about the victims'
programs of the Council, including rights and the procedure for filing
 complaints, claiming compensation the repatriation of trafficked persons,
and such other legal remedies regardless of whether they are
available to them, in a language documented or undocumented.
understood by the trafficked person;
If, however, the repatriation of the
(d) Medical or psychological services; trafficked persons shall expose the
victims to greater risks, the DFA shall
(e) Livelihood and skills training; and make representation with the host
government for the extension of
(f) Educational assistance to a appropriate residency permits and
trafficked child. protection, as may be legally
Sustained supervision and follow permissible in the host country.
through mechanism that will track the "SEC. 26-A. Extra-Territorial
progress of recovery, rehabilitation and Jurisdiction. – The State shall exercise
reintegration of the trafficked persons jurisdiction over any act defined and
shall be adopted and carried out. penalized under this Act, even if
Section 24. Other Services for Trafficked committed outside the Philippines and
Persons. - whether or not such act or acts
constitute an offense at the place of
(a) Legal Assistance. - Trafficked commission, the crime being a
persons shall be considered under the continuing offense, having been
category "Overseas Filipino in commenced in the Philippines and other
Distress" and may avail of the legal elements having been committed in
assistance created by Republic Act No. another country, if the suspect or
8042, subject to the guidelines as accused:
provided by law.
"(a) Is a Filipino citizen; or
(b) Overseas Filipino Resource Centers.
- The services available to overseas "(b) Is a permanent resident of the
Filipinos as provided for by Republic Philippines; or
Act No. 8042 shall also be extended to "(c) Has committed the act against a
trafficked persons regardless of their citizen of the Philippines.
immigration status in the host country.
"No prosecution may be commenced
(c) The Country Team Approach. - The against a person under this section if a
country team approach under foreign government, in accordance with
Executive Order No. 74 of 1993, shall jurisdiction recognized by the
be the operational scheme under Philippines, has prosecuted or is
which Philippine embassies abroad prosecuting such person for the conduct
shall provide protection to trafficked constituting such offense, except upon
persons insofar as the promotion of the approval of the Secretary of Justice.
their welfare, dignity and fundamental
rights are concerned. "The government may surrender or
extradite persons accused of trafficking
Section 25. Repatriation of Trafficked in the Philippines to the appropriate
Persons. - The DFA, in coordination with international court if any, or to another
DOLE and other appropriate agencies, State pursuant to the applicable
shall have the primary responsibility for extradition laws and treaties."
Section 27. Reporting Requirements. Section 31. Separability Clause. - If, for
- The Council shall submit to the any reason, any section or provision of
President of the Philippines and to this Act is held unconstitutional or
Congress an annual report of the invalid, the other sections or provisions
policies, programs and activities relative hereof shall not be affected thereby.
to the implementation of this Act.
"SEC. 32. Repealing Clause. – Article 202
"SEC. 28. Funding. – The amount of the Revised Penal Code, as amended,
necessary to implement the provisions and all laws, acts, presidential decrees,
of this Act shall be charged against the executive orders, administrative orders,
current year’s appropriations of the rules and regulations inconsistent with
Inter-Agency Council Against or contrary to the provisions of this Act
Trafficking under the budget of the DOJ are deemed amended, modified or
and the appropriations of the other repealed accordingly: Provided, That
concerned departments. Thereafter, this Act shall not in any way amend or
such sums as may be necessary for the repeal the provisions of Republic Act No.
continued implementation of this Act 7610, otherwise known as the ‘Special
shall be included in the annual General Protection of Child Against Child Abuse,
Appropriations Act.” Exploitation and Discrimination Act.’"

"SEC. 28-A. Additional Funds for the "SEC. 33. Effectivity. – This Act shall take
Council. – The amount collected from effect fifteen (15) days following its
every penalty, fine or asset derived from complete publication in at least two (2)
any violation of this Act shall be newspapers of general circulation."
earmarked as additional funds for the
use of the Council. The fund may be
augmented by grants, donations and
endowment from various sources,
domestic or foreign, for purposes
related to their functions, subject to the
existing accepted rules and regulations
of the Commission on Audit."

Section 29. Implementing Rules and

Regulations. - The Council shall
promulgate the necessary
implementing rules and regulations
within sixty (60) days from the
effectivity of this Act.

Section 30. Non-restriction of Freedom

of Speech and of Association, Religion and
the Right to Travel. - Nothing in this Act
shall be interpreted as a restriction of
the freedom of speech and of
association, religion and the right to
travel for purposes not contrary to law
as guaranteed by the Constitution.
 Seventeenth Congress perform specified services for another
Third Regular Session person, whether natural or juridical,
and whether private or public, who
Begun and held in Metro Manila, on exercises fundamental control over the
Monday, the twenty-third day of July, work, regardless of the term or
two thousand eighteen. duration of agreement: Provided, That
for the purposes of this law, a person
REPUBLIC ACT No. 11313 who is detailed to an entity under a
subcontracting or secondment
An Act Defining Gender-Based Sexual agreement shall be considered an
Harassment in Streets, Public Spaces, employee;
Online, Workplaces, and Educational
or Training Institutions, Providing (c) Employer refers to a person who
Protective Measures and Prescribing exercises control over an
Penalties Therefor employee: Provided, That for the
purpose of this Act, the status or
Be it enacted by the Senate and House of conditions of the latter’s employment
Representatives of the Philippine or engagement shall be disregarded;
Congress assembled:
(d) Gender refers to a set of socially
Section 1. Short Title. -This Act shall be ascribed characteristics, norms, roles,
known as the "Safe Spaces Act". attitudes, values and expectations
identifying the social behavior of men
Section 2. Declaration of Policies. -It is
and women, and the relations between
the policy of the State to value the
them;
dignity of every human person and
guarantee full respect for human rights. (e) Gender-based online sexual
It is likewise the policy of the State to harassment refers to an online conduct
recognize the role of women in nation- targeted at a particular person that
building and ensure the fundamental causes or likely to cause another
equality before the law of women and mental, emotional or psychological
men. The State also recognizes that both distress, and fear of personal safety,
men and women must have equality, sexual harassment acts including
security and safety not only in private, unwanted sexual remarks and
but also on the streets, public spaces, comments, threats, uploading or
online, workplaces and educational and sharing of one’s photos without
training institutions. consent, video and audio recordings,
cyberstalking and online identity theft;
Section 3. Definition of Terms. -As used
in this Act: (f) Gender identity and/or
expression refers to the personal sense
(a) Catcalling refers to unwanted
of identity as characterized, among
remarks directed towards a person,
others, by manner of clothing,
commonly done in the form of wolf-
inclinations, and behavior in relation
whistling and misogynistic,
to masculine or feminine conventions.
transphobic, homophobic, and sexist
A person may have a male or female
slurs;
identity with physiological
(b) Employee refers to a person, who in characteristics of the opposite sex in
exchange for remuneration, agrees to
 which case this person is considered masturbation or flashing of private
transgender: parts, groping, or any advances,
whether verbal or physical, that is
(g) Public spaces refer to streets and unwanted and has threatened one’s
alleys, public parks, schools, buildings, sense of personal space and physical
malls, bars, restaurants, safety, and committed in public spaces
transportation terminals, public such as alleys, roads, sidewalks and
markets, spaces used as evacuation parks. Acts constitutive of gender-based
centers, government offices, public streets and public spaces sexual
utility vehicles as well as private harassment are those performed in
vehicles covered by app-based buildings, schools, churches,
transport network services and other restaurants, malls, public washrooms,
recreational spaces such as, but not bars, internet shops, public markets,
limited to, cinema halls, theaters and transportation terminals or public
spas; and utility vehicles.
(h) Stalking refers to conduct directed Section 5. Gender-Based Sexual
at a person involving the repeated Harassment in Restaurants and Cafes,
visual or physical proximity, non- Bars and Clubs, Resorts and Water Parks,
consensual communication, or a Hotels and Casinos, Cinemas, Malls,
combination thereof that cause or will Buildings and Other Privately-Owned
likely cause a person to fear for one’s Places Open to the Public. -Restaurants,
own safety or the safety of others, or to bars, cinemas, malls, buildings and other
suffer emotional distress. privately-owned places open to the
public shall adopt a zero-tolerance
ARTICLE I policy against gender-based streets and
GENDER-BASED STREETS AND public spaces sexual harassment. These
PUBLIC SPACES establishments are obliged to provide
SEXUAL HARASSMENT assistance to victims of gender-based
sexual harassment by coordinating with
Section 4. Gender-Based Streets and local police authorities immediately
Public Spaces Sexual Harassment. -The after gender-based sexual harassment is
crimes of gender-based streets and reported, making CCTV footage
public spaces sexual harassment are available when ordered by the court,
committed through any unwanted and and providing a safe gender-sensitive
uninvited sexual actions or remarks environment to encourage victims to
against any person regardless of the report gender-based sexual harassment
motive for committing such action or at the first instance.
remarks.
All restaurants, bars, cinemas and other
Gender-based streets and public spaces places of recreation shall install in their
sexual harassment includes catcalling, business establishments clearly-visible
wolf-whistling, unwanted invitations, warning signs against gender-based
misogynistic, transphobic, homophobic public spaces sexual harassment,
and sexist slurs, persistent uninvited including the anti-sexual harassment
comments or gestures on a person’s hotline number in bold letters, and shall
appearance, relentless requests for designate at least one (1) anti-sexual
personal details, statement of sexual harassment officer to receive gender-
comments and suggestions, public based sexual harassment complaints.
Security guards in these places may be (a) Pass an ordinance which shall
deputized to apprehend perpetrators localize the applicability of this Act
caught in flagrante delicto and are within sixty (60) days of its effectivity;
required to immediately coordinate
with local authorities. (b) Disseminate or post in conspicuous
places a copy of this Act and the
Section 6. Gender-Based Sexual corresponding ordinance;
Harassment in Public Utility Vehicles. -In
addition to the penalties in this Act, the (c) Provide measures to prevent
Land Transportation Office (LTO) may gender-based sexual harassment in
cancel the license of perpetrators found educational institutions, such as
to have committed acts constituting information campaigns and anti-
sexual harassment in public utility sexual harassment seminars;
vehicles, and the Land Transportation
Franchising and Regulatory Board (d) Discourage and impose fines on
(LTFRB) may suspend or revoke the acts of gender-based sexual
franchise of transportation operators harassment as defined in this Act;
who commit gender-based streets and (e) Create an anti-sexual harassment
public spaces sexual harassment acts. hotline; and
Gender-based sexual harassment in
public utility vehicles (PUVs) where the (f) Coordinate with the Department of
perpetrator is the driver of the vehicle the Interior and Local Government
shall also constitute a breach of contract (DILG) on the implementation of this
of carriage, for the purpose of creating a Act.
presumption of negligence on the part of
the owner or operator of the vehicle in Section 9. Role of the DILG. -The DILG
the selection and supervision of shall ensure the full implementation of
employees and rendering the owner or this Act by:
operator solidarity liable for the
offenses of the employee. (a) Inspecting LGUs if they have
disseminated or posted in conspicuous
Section 7. Gender-Based Sexual places a copy of this Act and the
Harassment in Streets and Public Spaces corresponding ordinance;
Committed by Minors. -In case the
offense is committed by a minor, the (b) Conducting and disseminating
Department of Social Welfare and surveys and studies on best practices
Development (DSWD) shall take of LGUs in implementing this Act; and
necessary disciplinary measures as
(c) Providing capacity-building and
provided for under Republic Act No.
training activities to build the
9344, otherwise known as the "Juvenile
capability of local government officials
Justice and Welfare Act of 2006".
to implement this Act in coordination
Section 8. Duties of Local Government with the Philippine Commission on
Units (LGUs). -local government units Women (PCW). the Local Government
(LGUs) shall bear primary responsibility Academy (LGA) and the Development
in enforcing the provisions under Article Academy of the Philippines (DAP).
I of this Act. LGUs shall have the
Section 10. Implementing Bodies for
following duties:
Gender-Based Sexual Harassment in
Streets and Public Spaces. -The Metro
Manila Development Authority ensure that victims are provided the
(MMDA), the local units of the Philippine proper psychological counseling
National Police (PNP) for other support services.
provinces, and the Women and
Children’s Protection Desk (WCPD) of Section 11. Specific Acts and Penalties
the PNP shall have the authority to for Gender-Based Sexual Harassment in
apprehend perpetrators and enforce the Streets and Public Spaces. -The following
law: Provided, That they have acts are unlawful and shall be penalized
undergone prior Gender Sensitivity as follows:
Training (GST). The PCW. DILG and
Department of Information and (a) For acts such as cursing, wolf-
Communications Technology (DICT) whistling, catcalling, leering and
shall be the national bodies responsible intrusive gazing, taunting, pursing,
for overseeing the implementation of unwanted invitations, misogynistic,
this Act and formulating policies that transphobic, homophobic, and sexist
will ensure the strict implementation of slurs, persistent unwanted comments
this Act. on one’s appearance, relentless
requests for one’s personal details
For gender-based streets and public such as name, contact and social media
spaces sexual harassment, the MMDA details or destination, the use of
and the local units of the PNP for the words, gestures or actions that ridicule
provinces shall deputize its enforcers to on the basis of sex, gender or sexual
be Anti-Sexual Harassment Enforcers orientation, identity and/or
(ASHE). They shall be deputized to expression including sexist,
receive complaints on the street and homophobic, and transphobic
immediately apprehend a perpetrator if statements and slurs, the persistent
caught in flagrante delicto. The telling of sexual jokes, use of sexual
perpetrator shall be immediately names, comments and demands, and
brought to the nearest PNP station to any statement that has made an
face charges of the offense committed. invasion on a person’s personal space
The ASHE unit together with the or threatens the person’s sense of
Women’s and Children’s Desk of PNP personal safety –
stations shall keep a ledger of
perpetrators who have committed acts (1) The first offense shall be
prohibited under this Act for purposes punished by a fine of One thousand
of determining if a perpetrator is a first- pesos (₱1,000.00) and community
time, second-time or third-time service of twelve (12) hours
offender. The DILG shall also ensure that inclusive of attendance to a Gender
all local government bodies expedite the Sensitivity Seminar to be conducted
receipt and processing of complaints by by the PNP in coordination with the
setting up an Anti-Sexual Harassment LGU and the PCW;
Desk in all barangay and city halls and to (2) The second offense shall be
ensure the set-up of CCTVs in major punished by arresto menor (6 to 10
roads, alleys and sidewalks in their days) or a fine of Three thousand
respective areas to aid in the filing of pesos (₱3,000.00);
cases and gathering of evidence. The
DILG, the DSWD in coordination with (3) The third offense shall be
the Department of Health (DOH) and the punished by arresto menor (11 to 30
PCW shall coordinate if necessary to
 days) and a fine of Ten thousand days) or a line of Thirty thousand
pesos (₱10,000.00). pesos (₱30,000.00), provided that it
includes attendance in a Gender
(b) For acts such as making offensive Sensitivity Seminar, to be conducted
body gestures at someone, and by the PNP in coordination with the
exposing private parts for the sexual LGU and the PCW;
gratification of the perpetrator with
the effect of demeaning, harassing, (2) The second offense shall be
threatening or intimidating the punished by arresto mayor (1 month
offended party including flashing of and 1 day to 6 months) or a fine of
private parts, public masturbation, Fifty thousand pesos (₱50,000.00);
groping, and similar lewd sexual
actions – (3) The third offense shall be
punished by arresto mayor in its
(1) The first offense shall he maximum period or a fine of One
punished by a fine of Ten thousand hundred thousand pesos
pesos (₱10,000.00) and community (₱100,000.00).
service of twelve (12) hours
inclusive of attendance to a Gender ARTICLE II
Sensitivity Seminar, to be conducted GENDER-BASED ONLINE SEXUAL
by the PNP in coordination with the HARASSMENT
LGU and the PCW;
Section 12. Gender-Based Online Sexual
(2) The second offense shall be Harassment. -Gender-based online
punished by arresto menor (11 to 30 sexual harassment includes acts that use
days) or a fine of Fifteen thousand information and communications
pesos (₱15,000.00); technology in terrorizing and
intimidating victims through physical,
(3) The third offense shall be psychological, and emotional threats,
punished by arresto mayor (1 month unwanted sexual misogynistic,
and 1 day to 6 months) and a fine of transphobic, homophobic and sexist
Twenty thousand pesos remarks and comments online whether
(₱20,000.00). publicly or through direct and private
messages, invasion of victim’s privacy
(c) For acts such as stalking, and any of through cyberstalking and incessant
the acts mentioned in Section 11 messaging, uploading and sharing
paragraphs (a) and (b), when without the consent of the victim, any
accompanied by touching, pinching or form of media that contains photos,
brushing against the body of the voice, or video with sexual content, any
offended person; or any touching, unauthorized recording and sharing of
pinching, or brushing against the any of the victim’s photos, videos, or any
genitalia, face, arms, anus, groin, information online, impersonating
breasts, inner thighs, face, buttocks or identities of victims online or posting
any part of the victim’s body even lies about victims to harm their
when not accompanied by acts reputation, or filing, false abuse reports
mentioned in Section 11 paragraphs to online platforms to silence victims.
(a) and (b) –
Section 13. Implementing Bodies for
(1) The first offense shall be Gender-Based Online Sexual
punished by arresto rnenor (11 to 30 Harassment. -For gender-based online
sexual harassment, the PNP Anti- thereof as evidence in any civil, criminal
Cybercrime Group (PNPACG) as the investigation or trial of the
National Operational Support Unit of the crime: Provided, That such written
PNP is primarily responsible for the order shall only be issued or granted
implementation of pertinent Philippine upon written application and the
laws on cybercrime, shall receive examination under oath or affirmation
complaints of gender-based online of the applicant and the witnesses may
sexual harassment and develop an produce, and upon showing that there
online mechanism for reporting real- are reasonable grounds to believe that
time gender-based online sexual gender-based online sexual harassment
harassment acts and apprehend has been committed or is about to be
perpetrators. The Cybercrime committed, and that the evidence to be
Investigation and Coordinating Center obtained is essential to the conviction of
(CICC) of the DICT shall also coordinate any person for, or to the solution or
with the PNPACG to prepare prevention of such crime.
appropriate and effective measures to
monitor and penalize gender-based Any record, photo or video, or copy
online sexual harassment. thereof of any person that is in violation
of the preceding sections shall not be
Section 14. Penalties for Gender-Based admissible in evidence in any judicial,
Online Sexual Harassment. -The penalty quasi-judicial, legislative or
of prision correccional in its medium administrative hearing or investigation.
period or a fine of not less than One
hundred thousand pesos (₱100,000.00) ARTICLE III
but not more than Five hundred QUALIFIED GENDER-BASED
thousand pesos (₱500,000.00), or both, STREETS, PUBLIC SPACES AND
at the discretion of the court shall be ONLINE SEXUAL HARASSMENT
imposed upon any person found guilty
of any gender-based online sexual Section 15. Qualified Gender-Based
harassment. Streets, Public Spaces and Online Sexual
Harassment. -The penalty next higher in
If the perpetrator is a juridical person, degree will be applied in the following
its license or franchise shall be cases:
automatically deemed revoked, and the
persons liable shall be the officers (a) If the act takes place in a common
thereof, including the editor or reporter carrier or PUV, including, but not
in the case of print media, and the limited to, jeepneys, taxis, tricycles, or
station manager, editor and broadcaster app-based transport network vehicle
in the case of broadcast media. An alien services, where the perpetrator is the
who commits gender-based online driver of the vehicle and the offended
sexual harassment shall be subject to party is a passenger;
deportation proceedings after serving (b) If the offended party is a minor, a
sentence and payment of fines. senior citizen, or a person with
Exemption to acts constitutive and disability (PWD), or a breastfeeding
penalized as gender-based online sexual mother nursing her child;
harassment are authorized written (c) If the offended party is diagnosed
orders of the court for any peace officer with a mental problem tending to
to use online records or any copy impair consent;
 (d) If the perpetrator is a member of (c) A conduct that is unwelcome and
the uniformed services, such as the pervasive and creates an intimidating,
PNP and the Armed Forces of the hostile or humiliating environment for
Philippines (AFP), and the act was the recipient: Provided, That the crime
perpetrated while the perpetrator was of gender-based sexual harassment
in uniform; and may also be committed between peers
and those committed to a superior
(e) If the act takes place in the officer by a subordinate, or to a teacher
premises of a government agency by a student, or to a trainer by a
offering frontline services to the public trainee; and
and the perpetrator is a government
employee. (d) Information and communication
system refers to a system for
ARTICLE IV generating, sending, receiving, storing
GENDER-BASED SEXUAL or otherwise processing electronic
HARASSMENT IN THE WORKPLACE data messages or electronic
documents and includes the computer
Section 16. Gender-Based Sexual system or other similar devices by or
Harassment in the Workplace. -The in which data are recorded or stored
crime of gender-based sexual and any procedure related to the
harassment in the workplace includes recording or storage of electronic data
the following: messages or electronic documents.
(a) An act or series of acts involving Section 17. Duties of Employers. -
any unwelcome sexual advances, Employers or other persons of
requests or demand for sexual favors authority, influence or moral
or any act of sexual nature, whether ascendancy in a workplace shall have
done verbally, physically or through the duty to prevent, deter, or punish the
the use of technology such as text performance of acts of gender-based
messaging or electronic mail or sexual harassment in the workplace.
through any other forms of Towards this end, the employer or
information and communication person of authority, influence or moral
systems, that has or could have a ascendancy shall:
detrimental effect on the conditions of
an individual’s employment or (a) Disseminate or post in a
education, job performance or conspicuous place a copy of this Act to
opportunities; all persons in the workplace;
(b) A conduct of sexual nature and (b) Provide measures to prevent
other conduct-based on sex affecting gender-based sexual harassment in
the dignity of a person, which is the workplace, such as the conduct of
unwelcome, unreasonable, and anti-sexual harassment seminars;
offensive to the recipient, whether
done verbally, physically or through (c) Create an independent internal
the use of technology such as text mechanism or a committee on
messaging or electronic mail or decorum and investigation to
through any other forms of investigate and address complaints of
information and communication gender-based sexual harassment
systems; which shall:
 (1) Adequately represent the (c) Provide emotional or social
management, the employees from support to fellow employees, co-
the supervisory rank, the rank-and- workers, colleagues or peers who
file employees, and the union, if any; are victims of gender-based sexual
harassment; and
(2) Designate a woman as its head
and not less than half of its members (d) Report acts of gender-based
should be women; sexual harassment witnessed in the
workplace.
(3) Be composed of members who
should be impartial and not Section 19. Liability of Employers.— In
connected or related to the alleged addition to liabilities for committing
perpetrator; acts of gender-based sexual harassment,
employers may also be held responsible
(4) Investigate and decide on the for:
complaints within ten (10) days or
less upon receipt thereof; (a) Non-implementation of their
duties under Section 17 of this Act,
(5) Observe due process; as provided in the penal provisions;
or
(6) Protect the complainant from
retaliation; and (b) Not taking action on reported
acts of gender-based sexual
(7) Guarantee confidentiality to the harassment committed in the
greatest extent possible; workplace.
(d) Provide and disseminate, in Any person who violates subsection (a)
consultation with all persons in the of this section, shall upon conviction, be
workplace, a code of conduct or penalized with a fine of not less than
workplace policy which shall: Five thousand pesos (₱5,000.00) nor
(1) Expressly reiterate the more than Ten thousand pesos
prohibition on gender-based sexual (₱10,000.00).
harassment; Any person who violates subsection (b)
(2) Describe the procedures of the of this section, shall upon conviction, be
internal mechanism created under penalized with a fine of not less than Ten
Section 17(c) of this Act; and thousand pesos (₱10,000.00) nor more
than Fifteen thousand pesos
(3) Set administrative penalties. (₱15,000.00).

Section 18. Duties of Employees and Co- Section 20. Routine Inspection. -The
Workers. -Employees and co-workers Department of Labor and Employment
shall have the duty to: (DOLE) for the private sector and the
Civil Service Commission (CSC) for the
(a) Refrain from committing acts of public sector shall conduct yearly
gender-based sexual harassment; spontaneous inspections to ensure
compliance of employers and
(b) Discourage the conduct of employees with their obligations under
gander-based sexual harassment in this Act.
the workplace;
 ARTICLE V The Committee on Decorum and
GENDER-BASED SEXUAL Investigation (CODI) of all educational
HARASSMENT IN EDUCATIONAL AND institutions shall address gender-based
TRAINING INSTITUTIONS sexual harassment and online sexual
harassment in accordance with the rules
Section 21. Gender-Based Sexual and procedures contained in their CODI
Harassment in Educational and Training manual.
Institutions.— All schools, whether
public or private, shall designate an Section 22. Duties of School Heads. -
officer-in-charge to receive complaints School heads shall have the following
regarding violations of this Act, and duties:
shall, ensure that the victims are
provided with a gender-sensitive (a) Disseminate or post a copy of this
environment that is both respectful to Act in a conspicuous place in the
the victims’ needs and conducive to educational institution;
truth-telling.
(b) Provide measures to prevent
Every school must adopt and publish gender-based sexual harassment in
grievance procedures to facilitate the educational institutions, like
filing of complaints by students and information campaigns;
faculty members. Even if an individual
does not want to file a complaint or does (c) Create an independent internal
not request that the school take any mechanism or a CODI to investigate
action on behalf of a student or faculty and address complaints of gender-
member and school authorities have based sexual harassment which shall:
knowledge or reasonably know about a (1) Adequately represent the school
possible or impending act of gender- administration, the trainers,
based sexual harassment or sexual instructors, professors or coaches
violence, the school should promptly and students or trainees, students
investigate to determine the veracity of and parents, as the case may be;
such information or knowledge and the
circumstances under which the act of (2) Designate a woman as its head
gender-based sexual harassment or and not less than half of its members
sexual violence were committed, and should be women;
take appropriate steps to resolve the
situation. If a school knows or (3) Ensure equal representation of
reasonably should know about acts of persons of diverse sexual
gender-based sexual harassment or orientation, identity and/or
sexual violence being committed that expression, in the CODI as far as
creates a hostile environment, the practicable;
school must take immediate action to
eliminate the same acts, prevent their (4) Be composed of members who
recurrence, and address their effects. should be impartial and not
connected or related to the alleged
Once a perpetrator is found guilty, the perpetrator;
educational institution may reserve the
right to strip the diploma from the (5) Investigate and decide on
perpetrator or issue an expulsion order. complaints within ten (10) days or
less upon receipt, thereof;
 (6) Observe due process; Any person who violates subsection (b)
of this section, shall upon conviction, be
(7) Protect the complainant from penalized with a fine of not less than Ten
retaliation; and thousand pesos (₱10,000.00) nor more
than Fifteen thousand pesos
(8) Guarantee confidentiality to the (₱15,000.00).
greatest extent possible.
Section 24. Liability of Students.—
(d) Provide and disseminate, in Minor students who are found to have
consultation with all persons in the committed acts of gender-based sexual
educational institution, a code of harassment shall only be held liable for
conduct or school policy which shall: administrative sanctions by the school
(1) Expressly reiterate the as stated in their school handbook.
prohibition on gender-based sexual Section 25. Routine Inspection.— The
harassment; Department of Education (DepEd), the
(2) Prescribe the procedures of the Commission on Higher Education
internal mechanism created under (CHED), and the Technical Education
this Act; and and Skills Development Authority
(TESDA) shall conduct regular
(3) Set administrative penalties. spontaneous inspections to ensure
compliance of school heads with their
Section 23. Liability of School Heads.— obligations under this Act.
In addition to liability for committing
acts of gender-based sexual harassment, ARTICLE VI
principals, school heads, teachers, COMMON PROVISIONS
instructors, professors, coaches,
trainers, or any odier person who has Section 26. Confidentiality.— At any
authority, influence or moral stage of the investigation, prosecution
ascendancy over another in an and trial of an offense under this Act, the
educational or training institution may rights of the victim and the accused who
also be held responsible for: is a minor shall be recognized.

(a) Non-implementation of their Section 27. Restraining Order.— Where

duties under Section 22 of this Act, appropriate, the court, even before
as provided in the penal provisions; rendering a final decision, may issue an
or order directing the perpetrator to stay
away from the offended person at a
(b) Failure to act on reported acts of distance specified by the court, or to stay
gender-based sexual harassment away from the residence, school, place
committed in the educational of employment, or any specified place
institution. frequented by the offended person.

Any person who violates subsection (a) Section 28. Remedies and Psychological
of this section, shall upon conviction, be Counselling.— A victim of gender-based
penalized with a fine of not less than street, public spaces or online sexual
Five thousand pesos (₱5,000.00) nor harassment may avail of appropriate
more than Ten thousand pesos remedies as provided for under the law
(₱10,000.00). as well as psychological counselling
services with the aid of the LGU and the
DSWD, in coordination with the DOH reaches a wide audience of Filipino
and the PCW. Any fees to be charged in internet-users. Campaign materials may
the course of a victim’s availment of include posters condemning different
such remedies or psychological forms of gender-based sexual
counselling services shall be borne by harassment, informing the public of
the perpetrator. penalties for committing gender-based
sexual harassment, and infographics of
Section 29. Administrative Sanctions.— hotline numbers of authorities.
Above penalties are without prejudice
to any administrative sanctions that All schools shall educate students from
may be imposed if the perpetrator is a the elementary to tertiary level about
government employee. the provisions of this Act and how they
can report cases of gender-based
Section 30. Imposition of Heavier streets, public spaces and online sexual
Penalties.— Nothing in this Act shall harassment committed against them.
prevent LGUs from coming up with School courses shall include age-
ordinances that impose heavier appropriate educational modules
penalties for the acts specified herein. against gender-based streets, public
spaces and online sexual harassment
Section 31. Exemptions.— Acts that are which shall be developed by the DepEd,
legitimate expressions of indigenous the CHED, the TESDA and the PCW.
culture and tradition, as well as
breastfeeding in public shall not be Section 34. Safety Audits. -LGUs are
penalized. required to conduct safety audits every
three (3) years to assess the efficiency
ARTICLE VII and effectivity of the implementation of
FINAL PROVISIONS this Act within their jurisdiction. Such
Section 32. PNP Women and Children’s audits shall be multisectoral and
Desks.— The women and children’s participatory, with consultations
desks now existing in all police stations undertaken with schools, police officers,
shall act on and attend to all complaints and civil society organizations.
covered under this Act. They shall Section 35. Appropriations.— Such
coordinate with ASHE officers on the amounts as may be necessary for the
street, security guards in privately- implementation of this Act shall be
owned spaces open to the public, and indicated under the annual General
anti-sexual harassment officers in Appropriations Act (GAA). National and
government and private offices or local government agencies shall be
schools in the enforcement of the authorized to utilize their mandatory
provisions of this Act. Gender and Development (GAD) budget,
Section 33. Educational Modules and as provided under Republic Act No.
Awareness Campaigns.— The PCW shall 9710, otherwise known as "The Magna
take the lead in a national campaign for Carta of Women" for this purpose. In
the awareness of the law. The PCW shall addition, LGUs may also use their
work hand-in-hand with the DILG and mandatory twenty percent (20%)
duly accredited women’s groups to allocation of them annual internal
ensure all LGUs participate in a revenue allotments for local
sustained information campaign and the development projects as provided
DICT to ensure an online campaign that under Section 287 of Republic Act No.
7160, otherwise known as the "Local PCW as the lead agency, in coordination
Government Code of 1991". with the DILG, the DSWD, the PNP, the
Commission on Human Rights (CHR),
Section 36. Prescriptive Period.— Any the DOH, the DOLE, the DepEd, the
action arising from the violation of any CHED, the DICT, the TESDA, the MMDA,
of the provisions of this Act shall the LTO, and at least three (3) women’s
prescribe as follows: organizations active on the issues of
gender-based violence, shall formulate
(a) Offenses committed under Section the implementing rules and regulations
11(a) of this Act shall prescribe in one (IRR) of this Act.
(1) year;
Section 39. Separability Clause.— If any
(b) Offenses committed under Section provision or part hereof is held invalid
11(b) of this Act shall prescribe in or unconstitutional, the remaining
three (3) years; provisions not affected thereby shall
(c) Offenses committed under Section remain valid and subsisting.
11(c) of this Act shall prescribe in ten Section 40. Repealing Clause.— Any
(10) years; law, presidential decree or issuance,
(d) Offenses committed under Section executive order, letter of instruction,
12 of this Act shall be imprescriptible; administrative order, rule or regulation
and contrary to or inconsistent with the
provisions of this Act is hereby repealed,
(e) Offenses committed under Sections modified or amended accordingly.
16 and 21 of this Act shall prescribe in
five (5) years. Section 41. Effectivity.— This Act shall
take effect fifteen (15) days after its
Section 37. Joint Congressional publication in the Official Gazette or in
Oversight Committee.— There is hereby any two (2) newspapers of general
created a Joint Congressional Oversight circulation in the Philippines.
Committee to monitor the
implementation of this Act and to
review the implementing rules and
regulations promulgated. The
Committee shall be composed of five (5)
Senators and five (5) Representatives to
be appointed by the Senate President
and the Speaker of the House of
Representatives, respectively. The
Oversight Committee shall be co-
chaired by the Chairpersons of the
Senate Committee on Women, Children.
Family Relations and Gender Equality
and the House Committee on Women
and Gender Equality.

Section 38. Implementing Rules and

Regulations (IRR).— Within ninety (90)
days from the effectivity of this Act, the