TRAFFICKING IN WOMEN AND CHILDREN AND SMUGGLING OF
MIGRANTS
Narcisa H. Guevarra*
I. INTRODUCTION
This Country Report will touch mainly on the global phenomenon of smuggling and trafficking inhuman beings especially women and children who are the more vulnerable members of society. It willdefine trafficking in the context of international and domestic laws and practices in the Philippine
setting. It will also attempt to explore the different approaches towards the minimization if not total
eradication of trafficking and smuggling of humans within and across Philippine borders. Further, it
will briefly discuss the development of laws affecting women and children as well as the continuing goalto achieve equality in gender of all Filipinos. Moreover, it will try to link gender-based inequality to thefiminization of poverty and the high incidence of violations of rights of women and girl children thatmake them vulnerable to trafficking and human smuggling. Finally, it will attempt to underscore theimplications of a wide gap between rich and poor countries on migration in general, and on humantrafficking and smuggling.
II. DEVELOPMENT OF PHILIPPINE LAWS AFFECTING WOMEN AND CHILDREN
A. Historical Background
Historical studies on the role and status of Filipino women prior to colonial rule, showed that they
enjoyed a significant position in the family and community. They held positions of power as chief ofbarangay or served as priestesses, and were allowed to engage in business and hold properties. Duringthat time, the Filipino woman had never been forced to hide herself behind veils, to have bound feet, orwalk several paces behind her male companion. The arrival of the Spaniards and the introduction of
their Civil Code institutionalized the inequality between the sexes by the imposition of various
restraints on women’s behavior. She was subjected to her father, brother or husband’s power not onlywith respect to property matters but also as to what actions she could take. The stereotyped roleassigned to women as daughter, sister, wife and mother was the basis for legal measures placing themin a position subordinate to men. The American rule from 1898 to 1946, the Japanese occupation from
1941-1944 and the domination of Islamic religion in southern portions of the country shaped thedevelopment of Philippine law. Hence, Philippine law has become an unusual blend of local custom andthe legal worlds of the civil law, common law, canon law, and Muslim law.
B. Towards Protection and Rights-Focused Legislation
The 1935 and 1973 Constitutions guaranteed women’s right to vote, hold public office, to form
associations not contrary to law, to express oral or written views on public issues, to peaceably assemble
and to petition the government for redress of grievances.
Likewise the Philippine Legislatures has come a long way in upholding the rights of women and inpromoting gender equality. Over the years, the role and status of Filipino women have beensignificantly upgraded by evolving gender responsive legislation. Among the landmark legislation are:•••

R.A. No. 6725 entitled “An Act strengthening the prohibition of discrimination against women withrespect to terms and conditions of employment”;
R.A. 7192, also known as “Women In Development and Nation Building Act” which provides thelegal guarantee for equal rights and opportunity of women in the specified area;
R.A.7877, also known as the “Anti-Sexual Harassment Act of 1995” which protects the dignity ofwomen in the employment, education or training environment; and* Committee Secretary,
Committee on Justice,House of Representatives,
Republic of the Philippines

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R.A. No.7610 also known as the “Special Protection of Children Against Child Abuse, Exploitation
and Discrimination Act” which focuses on minor prostitutes as victims rather than as offenders. It
also penalizes the act of sexual intercourse with prostitutes.
III. ANALYTICAL FRAMEWORK OF HUMAN TRAFFICKING AND SMUGGLING

A. International Perspectives on Trafficking and Illegal Migration
Reports indicate that the number of migrants all over the world increased from 75 million to about
130 million from 1965 to 1995. Today, about 150 million migrants comprise 2.5% of the world
population. Around 700,000 to 2,000,000 women and children are being trafficked each year while
about one million child prostitutes in Asia are in danger of being further trafficked. At least 50% of
illegal immigrants are assisted by smugglers. Highly profitable, trafficking and smuggling of migrants
account for the third largest source of income for organized crime, next only to drugs and guns.
Many countries regard trafficked women as “undesirable and criminal aliens”, crossing borders
illegally to take advantage of greener pastures elsewhere. This perspective is reflected in national
legislation, particularly in receiving countries, that makes immigration more restrictive, thus
obstructing the flow of migrants seeking to enter countries legitimately. Ironically, these restrictive
immigration policies also tighten up border controls that often are used to harass vulnerable migrants,
but have little effect on the traffickers1.
B. Philippine Perspectives on Human Trafficking and Smuggling
1. Overseas Employment and/or Migration
The Philippine government considers overseas employment as a development strategy. This isreflective of its continuing effort to increase foreign exchange earnings necessary to keep the nation
going. The Migrant Workers and Overseas Filipinos Act of 1995 mirrors this policy when it mandates
the Department of Labor and Employment (DOLE) to formulate a comprehensive 5-year deregulation
plan on recruitment activities.
The national coffers benefit enormously from income generated from overseas employment ofFilipinos. From 1995 to 1999, 2,360,011 overseas Filipino workers contributed US$ 59,002,750 or PhP
2.06 billion in membership fees to the Overseas Workers Welfare Fund (OWWA) alone. Additionally, thePhilippine Overseas Employment Administration is estimated to have collected US$83,702,000 from
Filipinos it has deployed in 1999 alone, based on a US$100 processing fee per worker. These figures do
not include remittances through other channels, mostly informal, and the refunneling of resources of
their families into the local economy.
Overseas Filipinos (Ofs) is the general category to describe Filipinos who are either temporarily or
permanently living and working abroad. This also includes undocumented Filipinos, as well as brides
or spouses of foreign nationals. The top regions of destination of undocumented Filipino migrants are
America, Southeast Asia and the Pacific, Europe, and the Middle East. The top ten countries ofdestination of undocumented Filipinos are the United States, Singapore, Canada, Japan, Italy, United
Kingdom, Saudi Arabia, Greece, Germany and France.
An estimate of 2,000 overseas contract workers are legally processed daily in the Philippines, andcurrently, women account for approximately 64% of all these legal migrants. According to a reportsubmitted by the Commission on Filipinos Overseas, 7.41 million Filipinos are scattered in 187
countries and destinations around the world. Of this number, 1.62 million are irregulars and suspectedvictims of human smuggling and trafficking.
2. Push Factors for Migration
The Philippines is basically a sending country for smuggling and trafficking in human beings. Thisis owing to the fact that Filipinos prefer to work abroad in the hope of a brighter future for their family.

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The Asian economic crisis of the 1990s, coupled with severe environmental disasters (volcanic
eruption and violent earthquakes) resulted in severe economic and social dislocation of sectors of the
population. There was an increase in company closures, retrenchments and layoffs. The
unemployment rate among young people (15-19 and 20-24 age groups) in both urban and rural areas
served as one of the push factors for these people to continue leaving the country in search of theproverbial “greener pasture”.
Marrying foreign men was also seen as an opportunity by the women to change their lives
economically. It became a social phenomenon in the early ‘90s as indicated by the fact that over 700,000
Filipinas were married and became fiancees to Australians, Germans, Taiwanese, and British
nationals. In Australia, a total of 20,000 Filipino women are married to Aussie men, some 90% of whomcame through the system of serial sponsorship. In 1995 up to 1996, hundreds of Filipino women were
married in a mass ceremony to members of a religious organization called the “Moonies” a majority ofwhich were South Korean men. In the United States, some 50,000 “mail-order” brides have beenreported.
Female overseas migration has been increasing steadily for the past ten (10) years. Women
comprise almost 60% of the total number of legally deployed workers, predominantly work in the lowpaying service sector, and are mostly single and young, more than 50% whom belong to the age group
20-29.
Available literature on migration reveals the following findings on why there has been a steadyincrease of female overseas migration:
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official migration policies of the Philippine government in which recruitment of women is actively
promoted through its various government units, with the collaboration of recruitment agencies;
gender stereotyping of women in work situations which traditionally echo their roles as caregivers
and “entertainers”, i.e., sex objects;
growing poverty in the context of structural and adjustment programs that produce landlessness
and impoverishment among rural populations, and push more women to join the labor force;rise in female-headed households, much of it due to the breakdown in traditional family structuresand support systems;
lack of opportunities for local employment that would allow women to explore better jobs, acquire
greater skills, and obtain a more secure future;
growing family dependence on women for income, especially among poorer households;
the demand for female migrant workers in more developed countries;
economic boom in destination countries;
women’s expanding sense of financial/economic and personal autonomy, both in origin anddestination countries;
a growing number of women and men in destination countries relegate domestic hired help fromabroad; and, normalization of prostitution and other activities in the sex industry such as stripping
and pornography, often disguised as “entertainment” jobs in destination countries.

Based on these findings, the Coalition Against Trafficking in Women (2001) drew up at least six (6)factors which show women’s vulnerabilities that made trafficking and sexual exploitation an easy routefor the recruiters using both legal and illegal means of going through the migration process:
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poverty and lack of economic opportunities;
low level of education and lack of information about the process of recruitment;
history of sexual abuse;familial pressure;sense of personal and economic autonomy of women; andalleged success stories of those who migrate for income abroad.

3. Trends and Highlights of Trafficking Cases
In a recent report presented by the Commission on Filipinos Overseas (CFO) the following statistics
revealed the magnitude of the problem:127

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959 recorded cases of human trafficking (1992 - March 2001); 1999 accounted for 35% of the cases;
Victims came from Region III (12.4%); NCR (8.4%); Region IV (8%);
65% of the victims were women; 25% of women victims were forced into prostitution;
53% were trafficked to the Asia Pacific region, 25% to the Middle East, and 19% to Europe;
Almost 8% of cases involved intermarriages;
Trafficking victims paid as much as $8,500.00 to recruiters;
51% of victims were recruited by parties not related/nor known to them; andthe government repatriated 38%.
IV. WAYS TO EFFECTIVELY TACKLE HUMAN TRAFFICKING AND SMUGGLING OF
MIGRANTS

The recommendations presented by the Ateneo de Manila University Research Team under thePhilippine-Belgian Project on Trafficking and by the Coalition Against Trafficking in Women (CATW)
in its report entitled “Women in the International Migration Process: Patterns, Profiles and HealthConsequence of Sexual Exploitation, the Philippine Country Report”, are incorporated in this Reportand shall form part of my recommendations.
A. Adoption of the Recommendations under the Philippine-Belgian Pilot Project against
Trafficking in Women
The summary of a Research Report by the Ateneo de Manila University Research Team revealed
the following recommendations, to wit:
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Adoption of Clear Policies on Women In Migration.
Redefinition of Trafficking in Women.
Recognition of Trafficking in Women as a Violation of Human Rights.
Stringent Measures on Recruitment/Employment Agencies.
Strong Action Against Corruption.
Legislation on Trafficking in Women.
Legal Recognition of Migrant Workers in Host Countries.
Bilateral Agreement for the Protection of Migrant Women Workers.
Prosecution of Trafficking.
Orientation and Training of Government Entities.
Information Campaigns.
Empowerment of Women Migrant Workers and their Families.

B. Adoption of the Recommendations under the “Women in the International Migration
Process: Patterns, Profiles and Health Consequence of Sexual Exploitation, thePhilippine Country Report”
Specific recommendations under the above-entitled report consist of:
1. Legal and Policy Reforms
These include the passage of an effective and comprehensive anti-trafficking law based on women’shuman rights and using the new protocol on trafficking; the development of bilateral agreement withhost countries for the protection of overseas Filipinos; enhancement of the witness protection program;an immediate review of the policy of overseas contract work as an economic alternative; inclusion of
trafficking as a development agenda, as a specific concern under migration.
2. Enhanced Capability of Government to Address Sex Trafficking
This covers such issues as: for the government to upgrade its research and database on trafficking;for government and non-governmental organizations to conduct an effective awareness raising/public
education in sex trafficking and illegal migration; the development of appropriate, timely and effective
coordination among government agencies; the expansion of the coverage of protection and other social
services to illegally recruited migrants; provision of appropriate community-based direct service andgender-sensitive training/capability building to service providers; strengthening GO-NGO private
sector collaboration; education and sensitization on trafficking issues of the judiciary and law
enforcement sectors.

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3. Implementation of Viable and Sustainable Psycho-social and Economic Programs as Preventive andPost-trafficking Strategies
The programs should include the implementation of viable and sustainable poverty-alleviation
programs and income-generation activities that specifically target vulnerable groups; development ofeducational curricula that are packaged for the specific needs of young women and for those who are
wanting to pursue an education in their adult years, both as a preventive and post-trafficking
mechanism to wean away women from sexually exploitative income-generating activities; developmentof packages of services to trafficking survivors that are empowering and self-sustaining, including
counseling, and the formation of support groups of survivors of sex trafficking.
C. Gender Mainstreaming in the Three Branches of the Government
Recognizing that laws are as good as their implementation, the Philippine government should
aggressively implement its Gender and Development (GAD) policy to bring about a more cohesive andcomprehensive transformation in government. The efforts the legislative branch has taken totransform laws should be complemented with a parallel enhancement of the mandates of the executive
and judiciary branches of government and the reorientation of people within.
Gender-based inequality cripples the development of a country and affects women and girls. Large
gender disparities in basic human rights, in resources and economic opportunities, and in political voice
are inextricably linked to poverty (World Bank, 2001).
D. Proper Utilization of Limited Resources
With the limited budget for the implementation of laws providing rights and protection to
women, children and Filipino overseas workers, the government should ensure that resources areproperly utilized, and for this purpose, all existing programs and policies should be harmonized andcoordinated to avoid overlap in their execution.
E. Strengthen International Cooperation
Information sharing, mutual legal assistance and efficient border control systems within andamong countries are very vital in the success of the campaign against human trafficking andsmuggling. For example, the Trilateral Agreement on Information Exchange and Establishment ofCommunication Procedures signed by the Philippines, Malaysia and Indonesia last May 2002 should be
put into force.
F. Promote Legislative Advocacy
1. The Role of the Legislature
GAD sees the powerful role of the Philippine Congress in shifting society’s perspective on andrespect for human rights, social justice and equality. The legislature not only secures women’s rights inthe law and in the legal system. It is strategic in influencing any development process because it
defines the roles of women and men. It also allocates and mobilizes State resources (by using the powerof the purse) to attain the goals of gender equality.
Through its legislative priorities, structures, policies, and processes, the Philippine Congress has
the greatest potential to create transformative laws. It is a forum wherein women’s experiences arearticulated and where imbalances and inequalities in society are corrected. Only a gender-sensitized
Congress can really see the urgency of passing protective laws for women and children such as thosethat will criminalize human trafficking and smuggling, violence against women and other womenspecific bills.
Legislators should be encouraged to attend legislator’s workshop and learn the application of
methodologies in the formulation of gender-responsive laws. The following questions will guidelawmakers in developing legislative proposals that specifically respond to women and gender concerns.
These will also help refine the objectives and provisions of general bills and the amendments to bemade on existing laws2.
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Handbook on “How to be a Gender-Responsive Legislator”

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For General Bills:•

Does the bill have underlying assumptions about women and men in terms of their conditions,capacity, etc.? Are those assumptions valid or are they gender-based?
Will the proposed law equally benefit women and men? How and what ways? If no, what provisions
can be included to ensure that women benefit as men do?
Will it have a negative impact on the people? If yes, what measures can be integrated in the
proposed law to minimize the potential differential negative impact of the proposal on women?
What provisions can be integrated into the general bill to promote women’s empowerment andenjoyment of their rights? What provisions can be integrated to move away from gender-based
discriminations, if any?
Is the language gender-sensitive? Does it subsume women under “men” and “people”? Is “men/man”
used as a generic pronoun?

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For Women-Specific bills:••

What gender-based assumptions underlie the definition of the problem?
Does it assume certain stereotypes about women and men with respect to capacities, roles, rights,
etc.?
What are its assumptions about women’s experience or situation? Are they valid for all women? Or
are they true only for some women or groups of women?
Does the bill contribute to the enhancement of women’s rights? How? Does it promote women’s
status? How?
Does the bill address the practical or strategic gender needs of women, or both? How?
Has the bill undergone consultation with the affected sector (if the bill is sector specific)? Who wereconsulted? Are their inputs taken into consideration? How or in what manner are their inputs
integrated into the bill?
Does the bill promote gender equality and assist in transforming gender relations? How?
Does the bill take cognizance of and adhere to international instruments on human rights?
Are resources, materials or otherwise, available for the implementation of the bill once passed?

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2. Constant Lobbying for the Passage of the Anti-Trafficking in Persons Act of 2002 (H.B. 4432)(a) Legislative history of the bill
Various concerned agencies of the government as well as non-government organizations, including
the civil society, have been clamoring for the immediate passage of the Anti-Trafficking in Persons bill.
Advocacy for the passage of the bill goes way back in the 9th Congress. In the 11th Congress, the billpassed the third reading at the House of Representatives and reached second reading at the Senate, but
due to certain political developments and lack of material time to reach the bicameral level, the bill was
not passed.
Having a woman President in the person of Her Excellency, President Gloria Macapagal Arroyo, thebill is expected to see a brighter future this 12 th Congress. As a matter of fact, the House ofRepresentatives has passed on 1st, 2nd and 3rd Reading of House Bill No. 44323 entitled “An Act To
Institute Policies To Eliminate Trafficking In Persons Especially Women And Minors, Establishing The
Necessary Institutional Mechanisms For The Protection And Support Of Victims Of Trafficking,
Providing Penalties Therefor, And for Other Purposes”.
(b) Why is a law on trafficking necessary?
There is yet no specific law dealing with anti-trafficking, however, current laws which can be used
to punish them include, among others:•
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Migrant workers and Overseas Filipino Act. (RA8042)
See Annex re: Primer of the Anti-Trafficking in Persons Act of 2002

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Mail Order Bride Law (RA6955)
Special protection of Children against child abuse, exploitation and discrimination Act (RA 7610)
Phil. Passport Act of 1996 (RA 8239)
Art. 340 of the Revised penal Code on the Corruption of minors
Art. 341 of the revised Penal code on White Slave Trade.

Trafficking is a form of violence and violation of women and children’s human rights. A law
penalizing acts constituting trafficking in women and minors is consistent with the respect for humanrights and dignity, as well as protection to women against any form of exploitation and oppression.
Unless a law is crafted which defines the crime and penalizes the same, provides protection to victims,
establishes preventive programs and support for victims, trafficking will continue unabated.
Specifically, the rationale for the immediate passage of the bill are as follows:
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To harmonize inter-agency efforts to address trafficking in persons;
To strengthen prosecution and law enforcement efforts;
To set up effective preventive, protection, prosecution and reintegration programs;
To increase penalties for traffickers; andTo fulfill international commitments.

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APPENDIX
I. A PRIMER ON THE ANTI-TRAFFICKING ACT OF 2002 (H.B.No. 4432)
A. What is Trafficking under House Bill No. 4432?
The following elements shall constitute trafficking:•It shall refer to acts constituting the recruitment, transportation, transfer or harbouring, or receipt
of persons.
The recruitment, transportation or transfer may be done:• through legal or illegal means• with or w/o the victims consent or knowledge; and• within or across national boarders•

The recruitment, transfer or deployment often involves any of the following acts:• threat of or use of force• other forms of coercion• abduction• fraud• deception• abuse of power or of position• taking advantage of the vulnerability of the person• other forms of coercion• The purpose of the recruitment, transportation or transfer is for prostitution or other forms ofsexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or
the removal of an organ.

Unlike the simple smuggling of persons, the central feature that characterizes trafficking is the
movement of women and minors for the purpose of placing them in modern slavery or servitude andsexual exploitation. Profiting from such exploitation of women and children is the traffickers.
Minors - refers to persons below 18 or those over but are unable to fully take care of themselvesfrom abuse, neglect cruelty, exploitation or discrimination because of a physical or mental disability andcondition.
Debt bondage - is the pledging of personal services or labor of a person indefinitely as security for adebt, when the length and nature of services is not clearly defined.
Forced labor and slavery like practices- refer to the extraction of work or services from any personby means of enticement, intimidation or threat, use of force or coercion, including deprivation of
freedom, abuse of authority or moral ascendancy, debt-bondage or deception.
B. Can a Woman be Trafficked through Legal Channels?
Trafficking utilizing illegal channels is the usual method. This is done through various means. e.g.
illegal recruitment , abduction or kidnapping and leaving the country through the backdoor. The
Coalition against Trafficking in Women has identified Pagadian City Zamboanga City, Bungaw,
Malaysia as one of the regular routes of illegal traffickers. Trafficking however, can also be done
through legal mechanisms. There are cases of licensed recruitment agencies serving as fronts for sex
trafficking. All the woman’s papers are processed legally. However, it is also the usual practice of suchagencies to deceive the woman re: the kind of work they will actually be entering and jobs promised are
different from the actual work awaiting the woman in the receiving country. In order to facilitate theentry of woman to receiving countries with strict visa requirements, traffickers use valid documents
such as passports and employment contracts in collaboration with their foreign principals. Documented
workers may also fall prey to traffickers at the job site.

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They are lured through promises of higher earnings.
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well known cases include woman who arrive with entertainment visas only to find themselves
forced into sex work. This is the usual cases among entertainers bound for Japan.
Other cases involve migrant workers who arrive in the country of destination and find themselves
forced into exploitative situations without the option to leave due to the confiscation of their travel
document by their foreign employer.
Traffickers also transport woman using tourist visas. The no visa policy among member-countriesof the ASEAN has also made it easy to enter these countries. In many cases, these countries serve
as jump off points for Filipinos who leave the country as tourists but end up as bonded labor at theirdestination.

C. How does House Bill No. 4432 or the Anti-Trafficking Bill Seek to Address This Problem?
The Anti-Trafficking Bill (House Bill No. 4432) aims to punish those who engage in trafficking while
ensuring that victims are protected. The bill will institute mechanisms to enable victims to establish a
new life for themselves through counseling and livelihood programs.
Generating awareness on the issue of trafficking and educating people is a key component toprevent Filipino women and children from becoming future victims of traffickers.
The bill, if enacted into law will create an Inter-Agency Council Against Trafficking to coordinate
government efforts on the problem.
D. What are the Acts which Constitute the Crime of Trafficking under the Bill?
1. Acts of Trafficking
The illegal acts covered by the Anti-Trafficking Bill broadly reflects the complexity of the issue. The
bill seeks to impose the penalty of reclusion temporal in its medium period to reclusion perpetua andfine of not less than P1,000,000 pesos nor more than P2,000,000 pesos against those who:
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recruit a person for the purpose of prostitution or forced labor and slavery-like practices under any
pretext of lawful domestic or overseas employment;
offer or contract marriage with women and minors for purposes of offering, selling, or trading him
or her to engage in prostitution, or to subject him or her to forced labor or slavery-like practices;
introduce or match for a fee, profit, or any other material or economic consideration, any Filipino
woman to a foreign national for marriage under a mail order bride scheme as provided underRepublic Act No. 6955, otherwise known as the “Mail-Order Bride Law”, for prostitution or forcedlabor or slavery-like practices;
entice, encourage, persuade a person by fraud or by deceit, coercion, intimidation, or by abuse of any
position of confidence or authority, or having legal charge, including use of parental, sibling andother authority by family relationship to engage in prostitution or forced labor or slavery-likepractices;maintain or hire a person to engage in prostitution under the pretext of tours and travel plans to
the Philippines;
recruit persons especially women and minors to engage in prostitution with military forces;
through promises, threats, violence or any device or scheme, to procure, induce, persuade, entice a
person to engage in prostitution or to work in a club, place of entertainment or establishment
having reasonable cause to believe that such club, place of entertainment or establishment is used
for any such purpose;
recruit through fraud, coercion, violence or deception a child aged fifteen (15) years and below, toengage in armed activities here and abroad;adopt or facilitate the adoption of Filipino minors pursuant to Republic Act No. 8043, otherwise
known as the “Inter-Country Adoption Act of 1995”, or employ other similar practices for purposesof forced labor and slavery-like practices or prostitution;
send persons abroad under the guise of training or apprenticeship, for prostitution, forced labor or
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recruit a person or adopt a minor, whether through domestic or inter-country adoption or throughany other acts as enumerated above, with the end in view of removal or sale of the body organs of
the recruited person or adopted minor.

2. Other Punishable Acts
It likewise seeks to penalize by prison mayor in its medium period to reclusion temporal in its
minimum period and a fine of not less than P500,000 but not more than P 1,000,000 pesos those who:
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undertake tours and travel plans consisting of tourism packages or activities utilizing and offering
persons for prostitution.
lease or sublease any dwelling house with reasonable ground to believe that the lessee/sub-lessee
will use it for prostitution, forced labor and slavery-like practices.
produce, print and issue or distribute unissued, tampered or fake counseling certificates,
registration stickers and certificates of any government agency which issues these certificates andstickers as proof of compliance with government regulatory and pre-departure requirements.
advertise, publish, print or distribute or cause the advertisement, publication, printing,broadcasting or distribution of any brochure, flyer or any propaganda material, including throughinformation technology, like the internet, that promotes trafficking in persons through marriage orother similar relationships with foreign nationals.
assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition ofclearances and necessary exit documents from government agencies that are mandated to provide
pre-departure registration and services for departing persons.
facilitate, assist and help in the exit and entry from or to the country at airports and seaports, of
persons who are in possession of unissued, tampered or fake documents.
confiscate the passport, travel documents and other personal documents of victims of trafficking toprevent them from leaving the country or seeking redress from the government or appropriate
agencies.

3. Other Penalties• Permanent revocation and cancellation of the Securities and Exchange Commission registrationand license to operate the agency, club or establishment.
• Deportation after serving the sentence in the case of a foreigner.
• Suspension or removal from office in the case of a government officer or employee without prejudice
to their criminal liability as provided for in A and B above.
E. What Support Mechanisms are Provided for the Victims?
A law on trafficking is not complete without provisions for helping and supporting trafficked
victims. The bill directs the government to establish and implement counseling programs for victims of
trafficking. These include the provision of temporary shelters, financial support and legal assistance.
Regardless of their legal status in the receiving country, victims of trafficking may avail of the Legal
Assistance Fund provided for under the Migrant Workers Act. They are also entitled to avail of theservices provided by the Overseas Filipino Resource Centers in foreign countries. The Department of
Foreign Affairs and the Overseas Workers Welfare Administration take responsibility for the victims’
repatriation to the country.
The bill also provides for the legal protection of victims, who, under the bill cannot be imprisoned ordetained for crimes committed directly related to the acts of trafficking enumerated above or in
obedience to the orders by the traffickers in relation thereto. Likewise, they enjoy entitlement under the
Witness Protection Program and are entitled to damages that may be pronounced by the judge against
the traffickers in case of conviction. Finally, the victims have the right to confidentiality at any stage ofthe investigation, prosecution and trial of a complaint against traffickers.
F. What are the Programs that Address Trafficking in Persons under the Bill?
In order to successfully stop trafficking, we need to institute mechanisms to prevent thevictimization of our women and children. The important thing is to provide them relevant informationand increase their awareness of the dangers of trafficking. Under the bill, the government must134

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establish and implement counselling and other programs for victims of trafficking, forced labor andprostitution. For this purpose, the following agencies are mandated to implement the following:a) The Department of Foreign Affairs shall make available its resources and facilities overseas forvictims of trafficking regardless of their manner of entry to the receiving country, and explore
means to further enhance its assistance in eliminating trafficking activities through closer
networking with government agencies in the country and overseas.
b) The Department of Social Welfare and Development shall implement rehabilitative and protective
programs for victims of trafficking. It shall provide temporary shelter to victims of trafficking anddevelop a system for accreditation among non government organizations, local government units
and people’s organizations for purposes of establishing centers and programs for intervention invarious levels of the community.
c) The Department of Labor and Employment shall in close coordination with POEA, ensure the strict
implementation of, and compliance with, rules and regulations and guidelines relative to theemployment of women, locally and overseas. It shall likewise monitor, document and report cases oftrafficking in persons especially women and minors, involving labor recruiters and recommend thefiling of appropriate sanctions to the Department of Justice.
d) The Department of Tourism shall formulate preventive measures and enforce them to stop sex
tourism packages which contribute to the increase in the trafficking in persons.
e) The Department of Education and the Commission on Higher Education shall integrate in thesubject on social studies core messages on migration and trafficking in elementary, secondary andtertiary levels with emphasis on their implications and social costs to persons and country.
f)

The Department of Justice shall conduct investigations and initiate the filing of complaints
involving trafficking in persons as defined in this Act and shall ensure the prosecution of guilty
parties and establish a mechanism for free legal assistance for victims of trafficking. Suchmechanism must include coordination with DSWD, the Integrated Bar of the Philippines and otherNGOs and volunteer groups.

g) The Department of Health shall make available its resources and facilities in providing confidential
health care of victims of trafficking.
h) The Department of Interior and Local Government shall institute a systematic information andprevention campaign and likewise maintain a data bank for the effective monitoring,
documentation and prosecution of cases on trafficking in persons.
i)

The Local Government Units or LGUs shall monitor and document cases of trafficking in persons intheir areas of jurisdiction, effect the cancellation of licensees of establishments which violate theprovisions of this Act and ensure effective prosecution of such cases. They shall also undertake an
information campaign against trafficking in persons through the establishment of the Migrants
Advisory and Information Network (MAIN) desks in municipalities or provinces in coordination
with DILG, PIA, the CFO, the NGOs and other concerned agencies. They shall encourage andsupport community based initiatives which addresses the trafficking in persons.

j)

The Commission on Filipinos Overseas (CFO) shall establish and implement a pre-marriage, on-siteand pre-departure counseling program for women on intermarriages as authorized under its
existing mandate and structure. For this purpose, it shall establish a network of service providers
from the national government, LGUs, civic and private organizations, and other community
workers for purposes of providing accessible pre-marriage counseling services to the public. This
network shall be developed and operationalized through a system of accreditation to be undertaken
by CFO. It shall establish the necessary guidelines, rules and regulations for this purpose. It shallcontinue to conduct guidance and counseling services as a pre-departure requirement, and as a prerequisite to the issuance of passports to Filipino fiancees and spouses of foreign nationals. It shall135

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develop and implement guidance and counseling services locally and abroad, through an expanded
system of representation in order to adequately prepare Filipino spouses of foreign nationals fortheir settlement and integration overseas and extend necessary intervention to Filipinos inintermarriages in times of distress.
k) The Commission on Human Rights shall conduct advocacy and training programs relating to antitrafficking, monitor the flow of cases during trial and grant financial assistance to victims of
trafficking.
l)

The National Commission on the Role of Filipino Women shall actively participate and coordinate
the formulation and monitoring of policies addressing the issue of trafficking in women and minors
in its policy documents as well as its special concerns. It shall likewise advocate for the inclusion of
the issue of trafficking in persons especially women and minors in both its local and international
advocacy for women’s issues.

m) The Bureau of Immigration (BI) shall ensure compliance by the Filipino fiancees and spouses offoreign nationals traveling abroad to assume permanent residency with the guidance andcounseling requirement as provided in this Act. It shall strictly adopt measures for theapprehension of suspected traffickers both at the place of arrival and departure.
n) The National Bureau of Investigation (NBI) shall conduct surveillance, monitor and investigate
recruiters, travel agencies, hotels and other establishments suspected to be engaged in trafficking in
women and minors in accordance with the DSWD, the BI, LGUs and NGOs and take appropriate
measures in the prosecution of the violators.
o) The Philippine Overseas Employment Administration shall formulate and implement a system ofproviding legal and financial assistance to victims of trafficking who are undocumented in addition
to its original mandate.
p) The Philippine Center for Transnational Crimes shall establish a central database for information
on criminal methodologies, arrests and convictions of persons or entities involved in trafficking inpersons including strategic research for the formulation of individual and collective strategies for its
prevention and detection. It shall set up its co-ordination and cooperation with the International
Police Organization (INTERPOL) in the elimination of transnational trafficking.
q) The Overseas Workers Welfare Administration shall assist in the information and advocacy
campaign to eliminate trafficking in persons especially women and minors at the OFW Committees
here and abroad. It shall likewise assist in the documentation of trafficking cases particularly
among OFWs and ensure the provision of the necessary reintegration package of services; i.e.
repatriation, counseling, livelihood and legal services, among others.
G. What are the Functions of the Inter-Agency Council against Trafficking?
The Inter-agency Council shall formulate a comprehensive program to suppress the trafficking in
women and minors. It will ensure that the intent of the law is fully implemented. In this regard, it shallcoordinate all the programs and projects of the various agencies mentioned above. It will also spearhead
the conduct of a massive information campaign on the issue. It can recommend the filing of cases
against those who will violate the law. It shall also take the lead in formulating a re-integration
program for the victims.
The Council shall be composed of the heads of the agencies above-mentioned, and three
representatives from NGOs who shall be nominated by the government agency representatives of theCouncil for appointment by the President. It shall be jointly chaired by the Department of Social
Welfare and Development (DSWD) and the Department of Foreign Affairs (DFA).

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