Republic Act 9208

The Anti-Trafficking in Persons

Act of 2003
 UN GIFT (Global Initiative to Fight Trafficking) estimates
that nearly 2.5 Million from 127 countries are being
trafficked all over the world
 It is tied with illegal arms trade and considered as the 2nd
largest criminal activity next to illegal drugs trade

 The total annual revenue is about 5 to 9 Billion USD

 Majority of the trafficked persons are women and children.

According to a UN ODC report, sexual exploitation is the
most common form of human trafficking (79%) , followed
by forced labor (18%)
 According to a US State Department report, there is an
estimated 600,000 to 820,000 trafficked persons across
international borders each year. Approximately 80% are
women and girls, and up to 50% are minors

 Of the 45,000 to 50,000 that are brought to US, 30,000

come from Asia, 10,000 from Latin America, and 5,000
come from other regions like the former Soviet Union.
 The primary country sources in Asia are China, Thailand
and Vietnam
 Major source countries are Thailand, China, Nigeria,
Albania, Bulgaria, Belarus, Moldova and Ukraine
 Most common destinations for victims are Thailand, Japan, Israel,
Belgium, Netherlands, Germany, Italy, Turkey, and US
 In some areas, trafficking is controlled by large criminal organizations
like in Russia, Eastern Europe, Hong Kong, Japan and Columbia
 UN ODC Observations

 Over the past few years, the number of countries that have
taken steps to implement the UN Protocol against TIP has
doubled

 The number of convictions is increasing, but not

proportionately.

 Sexual exploitation is the most reported

 UN ODC Observations

 A disproportionate number of women are involved in human

trafficking, not as victims, but as traffickers. They may be at
first victims, but later they became traffickers themselves

 Most trafficking operations are national or regional carried out

by people whose nationality is the same as that of the
trafficked victim

 There are notable of cases of long distance trafficking. Europe

is the destination of the widest range of origins, while victims
in Asia are trafficked to the widest range of destinations
  Countries that has enacted legislations to fight trafficking
in persons:

2003 2008
w/ legislation w/o legislation
(20%) w/ legislation
(35%)
(80%)

w/o legislation
(65%)
 On Convictions:
 In 2006, there were only 5,808 prosecutions and 3,160
convictions throughout the world. This means that for every
800 people trafficked, only one person was convicted in 2006

1 2 3 4 ….. 800
  Countries that have actions plans against TIP:

w/ action plans
(5%) w/o action plans
(43%) w/ action plans
(53%)

w/o action plans

(95%)
2003 2008
AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING
IN PERSONS ESPECIALLY WOMEN AND CHILDREN,
ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS
FOR THE PROTECTION AND SUPPORT OF TRAFFICKED
PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND
FOR OTHER PURPOSES
DEFINITION OF TRAFFICKING IN PERSONS

The RECRUITMENT, TRANSPORT, TRANSFER or

HARBORING, or RECEIPT of persons WITH OR WITHOUT
CONSENT OR KNOWLEDGE, within or across national
borders, by means of threat or use of force, or other forms
of coercion, abduction, fraud, deception, abuse of
power or of position, taking advantage of the
vulnerability of the person, or, the GIVING or RECEIVING
of PAYMENTS or BENEFITS to achieve the consent of the
person having control over another person for the
purpose of EXPLOITATION or the PROSTITUTION of others or
other forms of SEXUAL EXPLOITATION, FORCED LABOR, or
SERVICES, SLAVERY, SERVITUDE or the REMOVAL or SALE of
ORGANS.
 TRAFFICKING ACTS, MEANS AND
PURPOSE
ACTS MEANS EXPLOITATIVE PURPOSE

- Recruitment - Threat or Force or Coercion - Prostitution or other

- Abduction forms of sexual
- Transportation
- Fraud or Deception exploitation
- Transfer - Forced labor or services
- Abuse of power or position
- Harboring - Slavery
- Taking advantage of vulnerability
- Receipt of person; - Servitude
- Giving or receiving of payments or
benefits to achieve consent of person - Removal or sale of
with or having control over another person organs
without the
victim’s
consent or
knowledge
 VULNERABILITY DEFINED

 “Any situation in which the person involved has no real and

acceptable alternative but to submit to the abuse involved”
(UNODC)

 Some conditions/factor: minority; gender; poverty; social and

cultural exclusion; access to education; war and conflict; demand,
etc.

 “A condition resulting from how individuals negatively experience

the complex interaction of social cultural, economic, political and
environmental factors that create the context for their communities”
(UNODC)
Forced Labor Defined

“refer to the extraction of work or services

from any person by means of enticement,
violence, intimidation or threat, use of
force or coercion, including deprivation of
freedom, abuse of authority or moral
ascendancy, debt-bondage or deception
Indicators of Forced Labor

• Physical violence incl. sexual violence

• Restriction of freedom of movements
• Threats
• Denial of basic needs such as food, sleep rest
• Debt or other forms of debt bondage
• Withholding of wage or non payment thereof
• Retention of identity/ travel documents
CHILD TRAFFICKING

The recruitment, transportation, transfer, harboring or

receipt of a child for the purpose of exploitation shall
also be considered as trafficking in persons even if it
does not involve any of the means set forth in the law
CHILD TRAFFICKING

Child – refers to a person below 18 years of age or one

who is over 18 but is unable to fully take care of or
protect himself/herself from abuse, exploitation, or
discrimination because of a physical or mental
disability or condition
 PUNISHABLE ACTS

 Acts of trafficking in persons (Sec.4);

 Acts that promote trafficking in persons (Sec.5);
 Qualified trafficking in Persons (Sec.6);
 Violation of confidentiality (Sec.7)
 Use of trafficked persons for prostitution (Sec.11)
 ACTS OF TRAFFICKING IN PERSONS

• To recruit, transport, transfer, harbor, provide, or

receive a person by any means, including those done
under the pretext of domestic or overseas
employment or training or apprenticeship for the
purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary
servitude or debt bondage exploitation
 ACTS OF TRAFFICKING IN PERSONS

• “Introduce or match for money, profit, or material,

economic or other consideration, any person or, as
provided for under RA 6955, any Filipino woman to
a foreign national, for marriage for the purpose of
acquiring, buying, offering, selling or trading
him/her to engage in prostitution, pornography,
sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage
 ACTS OF TRAFFICKING IN PERSONS

• To offer or contract marriage, real or simulated, for

the purpose of acquiring, buying, offering, selling or
trading them to engage in prostitution,
pornography, sexual exploitation, forced labor or
slavery, involuntary servitude or debt bondage
 ACTS OF TRAFFICKING IN PERSONS

• Undertake or organize tours and travel plans

consisting of tourism packages or activities for the
purpose of utilizing and offering persons for
prostitution, pornography or sexual exploitation
 ACTS OF TRAFFICKING IN PERSONS

• Maintain or hire a person to engage in prostitution or

pornography

• Adopt or facilitate the adoption of persons for the purpose of

prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage
 ACTS OF TRAFFICKING IN PERSONS
• Recruit, hire, adopt, transport or abduct a person by
means of threat or use of force, fraud, deceit,
violence, coercion, or intimidation for the purpose of
removal or sale of organs of said person

• Recruit, transport or adopt a child to engage in

armed activities in the Philippines or abroad
ACTS THAT PROMOTE TRAFFICKING IN PERSONS

● Knowingly lease or sub-lease, use or

allow to be used any house, building
or establishment for the purpose of
promoting trafficking in persons
 ACTS THAT PROMOTE TRAFFICKING IN
PERSONS
● Produce, print and issue or distribute un-issued,
tampered or fake counselling certificates, registration
stickers and certificates of any government agency
which issues these certificates and stickers as proof
of compliance with government regulatory and pre-
departure requirements for the purpose of promoting
trafficking in persons
 ACTS THAT PROMOTE TRAFFICKING IN
PERSONS
● Advertise, publish, print, broadcast or distribute, or
cause the advertisement, publication, printing,
broadcasting or distribution by any means,
including the use of information technology and the
internet of any brochure, flyer or any propaganda
materials that promote trafficking in persons
 ACTS THAT PROMOTE TRAFFICKING IN
PERSONS
● Assist in the conduct of misrepresentation or fraud
for the purposes of facilitating the acquisition of
clearances and necessary exit documents from
government agencies that are mandated to provide
pre-departure registration and services for departing
persons for the purpose of promoting trafficking in
persons
 ACTS THAT PROMOTE TRAFFICKING IN
PERSONS
● To facilitate, assist entry or exit of persons at the
airports, seaports and territorial boundaries
● Confiscate, conceal, destroy passport, travel
documents of trafficked persons
● To knowingly benefit from, financial or otherwise the
labor or services of a trafficked person
QUALIFIED TRAFFICKING

• When the trafficked person is a child

• Adoption is effected through RA 8043 for the
purpose of trafficking
• When crime is committed by a syndicate or in
large scale.
QUALIFIED TRAFFICKING

• When the offender is an ascendant, parent,

sibling, guardian, or a person who exercises
authority over a trafficked person or when
offense is committed by a public officer or
employee
 QUALIFIED TRAFFICKING

• When the trafficked person is recruited to engage in

prostitution with any member of the military

• When the offender is a member of the military or law

enforcement agencies

• When the trafficked person dies, becomes insane,

suffers mutilation or is afflicted with HIV-AIDS.
 VIOLATION OF CONFIDENTIALITY

• The name and personal circumstances of the trafficked persons

or of the accused, or any other information tending to establish
their identities and such circumstances or information shall not
be disclosed to the public
• In cases when prosecution or trial is conducted behind closed
doors, it shall be unlawful for any editor, publisher, and reporter
or columnist in case of printed materials, announcer or producer
in case of television and radio, producer or director of a film in
case of movie industry, or any person utilizing tri-media facilities
or information technology to cause publicity of any case of
trafficking in persons
USE OF TRAFFICKED PERSONS

RA 9208 punishes any person who buys or engages

services of a trafficked person for prostitution
Other Related Laws

• Special Protection of Filipino • Philippine Passport Act of

Children against Abuse 1996 (RA 8239)
Exploitation and
Discrimination (RA 6710) • Organ Donation Act of
• Migrant Workers and 1991 (RA 7170)
Overseas Filipino Act • Anti-Violence Against
(RA8042 as amended) Women and Their Children
• Mail Order Bride Law Act of 2004 (RA 9262)
(RA6955)
• Inter-county Adoption Act of
1995 (RA 8043)
CASE FILING: WHO?
1. The trafficked person;
2. The trafficked person`s:
• Parents
• Spouse
• Siblings
• Children, or
• Legal guardian;
3. Anyone who has personal knowledge of
the commission of an offense under RA
9208
CASE FILING: WHERE?

The case can be filed where:

• The offences was committed;

• Any of its element occurred; or

• The trafficked person actually resides at the time of the

commission of the offense.
CASE FILING: AGAINST WHO?
● Any person, natural or juridical, who commits any offence under RA
9208 may be punished for trafficking acts.
● If the offender is a corporation, partnership, association, club,
establishment or any juridical person, the penalty shall be imposed
upon the owner, president, partner, manager, and/or any responsible
officer who participated in the commission of the crime, or who shall
have knowingly permitted or failed to prevent its commission.
CASE FILING: WHEN?

● Cases for trafficking acts can be filed up to 10 years after they

are committed.
● If trafficking is committed by a syndicate or on a large scale,
cases can be filed up to 20 years after the act.
● The “prescriptive period” is counted from the day the trafficked
person is delivered or released from the condition of bondage.
 PENALTIES
Act Penalty
Acts of Trafficking in Persons 20 years imprisonment and a fine of P1 to 2
(Sec. 4) million

Qualified Trafficking in Persons Life imprisonment and a fine of P2 to 5 million

(Sec. 6)

Acts that Promote Trafficking in 15 years imprisonment and a fine of P500,000 to

Persons (Sec. 5) 1million

Use of trafficked Persons 1st offence: 6months community service and a

(Sec. 11) fine of P50,000
subsequent offenses: 1 year imprisonment and a
fine of P100,000
PROGRAMS AND SERVICES FOR VICTIMS OF TRAFFICKING

 Emergency Shelter or Appropriate Housing

 Counseling
 Legal Assistance under RA 8042
 Medical and Psychological services
 Livelihood and Skills training
 Educational assistance to trafficked Children
 Repatriation of trafficked Persons
 All forms of assistance necessary regardless of immigration status
in the host country
Other Salient Features:
• Confidentiality for victim and accused all through out
investigation and trial

• Exemption from payment of filing fees in institution of a

separate civil action

• Institution & implementation of programs by the government

- thru DSWD, DOLE, DOJ, NCRFW, BI, PNP, POEA, DILG,
LGUs
• Legal protection to trafficked persons
- trafficked persons considered as victims and shall not
be penalized for crimes directly related to the acts of
trafficking or in obedience to the order made by the
trafficker.
• Preferential entitlement to the Witness Protection Program
• Confiscation and forfeiture of the proceeds and instruments
derived from trafficking in persons
- shall be ordered by the court
- shall accrue to a trust fund to be administered and
managed by the council
CONVICTIONS

From January 2010-

March 2011:
26 convictions, 28 traffickers

From 2003-2011:
47 convictions, 51 traffickers
Thank You
and
God Bless