Introduced by Senator M. A. Madrigal 
EXPLANATORY NOTE 
The Philippines is a source, transit, and destination country for men, women, and 
children trafficked for the purposes of sexual exploitation and forced labor. Filipino 
men and women are often attracted to opportunities abroad with false promises of 
legitimate employment and are trafficked for commercial sexual exploitation to 
destinations throughout Asia, the Middle East, Africa, Europe, and North America. 
In 2004, an enormous number of 71,084 Philippine women who entered Japan as 
overseas performing artists are believed to have been women trafficked into the sex 
trade. Further, Philippine men and women who go overseas to work in domestic 
service and the construction and garment industries often face exploitative conditions 
that meet the definition of involuntary servitude. Unfortunately, even within the 
Philippines, there is internal trafficking from rural to urban metropolitan areas and 
sexual exploitation of children. 
In 2003, the United States Department of State - Office to Monitor and Combat 
Trafficking in Persons released its Trafficking in Persons Annual Report on Trafficking 
in Persons. The said annual report assesses the measures adopted by countries in 
addressing trafficking in persons through a three-tiered monitoring system. In its 2003 
Annual Report, the Philippines was classified under Tier 2. Countries under this 
classification have made significant efforts in combating trafficking in persons, but do 
not have laws to criminalize trafficking in persons. As a response, Republic Act No. 
9208 otherwise known as the "Anti-Trafficking in Persons Act of 2003" was enacted in 
the said year. 


The anti-trafficking law is a milestone in the promotion of human dignity and 
protection of persons specially women and children against any threat of violence and 
exploitation. It seeks to eliminate trafficking and the establishment of necessary 
institutional mechanisms for the protection and support of trafficked persons; and 
provide penalties for violations of the law. 
However, despite this significant development, the number of trafficking 
incidences incessantly increases. The reasons for such predicament were the 
government's failure to fully comply with the minimum standards for the elimination of 
trafficking; failure to provide evidence of increasing efforts to combat severe forms of 
trafficking, particularly its weak implementation of the anti-trafficking law and a lack of 
progress in law enforcement; the paltry number of prosecutions and zero convictions; 
and incomplete available data. 
The State Department's 2005 Trafficking in Persons (TIP) report, released on 5 
June 2005 by the US Embassy, said the Philippines' continuing inclusion in the watch 
list resulted from the government's "failure to show evidence of increasing efforts to 
convict traffickers." 
Hence, there is a pressing need to reassess and amend some provisions of the 
"Anti-Trafficking in Persons Act of 2003 so as to respond to ambiguities of the law. 
Thus, passage of this bill is earnestly requested. 


THIRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
) 
SENATE 
2172 
S.B. No. - 
Introduced by Senator M.A. Madrigal 
AN ACT 
AMENDING CERTAIN PROVISIONS OP REPUBLIC ACT NO. 9208, 
OTHERWISE KNOWN AS THE ”ANTI-TRAFFICKING IN PERSONS ACT 
OF 2003,” AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
Section 1. 
to read as follows: 
Section 2, paragraph 2, of Republic Act No. 9208 is hereby amended 
“Section 2. Declaration of Policy. x x x 
x x x  
It shall be the State policy to recognize the equal rights and 
inherent human dignity of women and men as enshrined in the 
United Nations Universal Declaration on Human Rights, United 
Nations Convention on the Rights of the Child AND ITS SECOND 
(2ND) OPTIONAL 
PROTOCOL 
ON 
THE 
SEXUAL 
EXPLOITATION OF CHILDREN, CONVENTION ON THE 
ELIMINATION OF ALL FORMS OF DISCRIMINATION 
AGAINST 
WOMEN 
AND 
ITS 
GENERAL 
RECOMMENDATION NO. 19 ON VIOLENCE AGAINST 
WOMEN, United Nations Convention on the Protection of Migrant 
Workers and their Families, United Nations Convention Against 
Transnational Organized Crime Including its Protocol to Prevent, 
Suppress and Punish Trafficking in Persons, Especially Women and 
Children and all other relevant and universally accepted human 
rights instruments and other international conventions to which the 
Philippines is a signatory.” 
Section 2. (a) Section 3, paragraphs (a), (c), (h), of Republic Act No. 9208 are 
hereby amended to read as follows: 


2 
"(a) Trafficking in Persons - refers to the recruitment, 
transportation, transfer or harboring, or receipt of persons with or 
without the victim's consent or knowledge, within or across 
national borders by means of threat or use o 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 a person having control over another person [for the purpose of 
exploitation] WHICH 
THEREBY 
RESULTS IN SEXUAL 
EXPLOITATION, AND which includes at a minimum, the 
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. 
The recruitment, transportation, transfer, harboriog or receipt of a 
child, [for the purpose of] WHICH ACT THEREBY RESULTS IN 
SEXUAL exploitation, shall [also] be considered as "trafficking in 
persons" even if it does not involve any of the means set forth in the 
preceding paragraph. 
THE 
RECRUITMENT, 
HARBORING, 
FACILITATION, 
EMPLOYMENT OR MANAGEMENT OF ANY PERSON IN 
ANY INTERNET OR ELECTRONIC FACILITY, WITH OR 
WITHOUT THE VICTIM'S CONSENT, WHICH THEREBY 
RESULTS IN, OR IS FOR THE PURPOSE OF DEALING IN 
PORNOGRAPHY OR FOR ANY FORM OF SEXUAL PURPOSE, 
SHALL 
ALSO BE CONSIDERED AS "TRAFFICKING IN 
PERSONS". 
x x x  
(c) Prostitution - refers to any act, transaction, scheme or design 
involving the use of a person by another, for sexual intercourse or 
lascivious conduct, OR WITH LEWD DESIGNS, in exchange for 
money, profit or any other consideration. 
x x x  
(h) Pornography - refers to any representation, through publication, 
exhibition, 
cinematography, 
indecent 
shows, 
information 
technology, INTERNET, CELLULAR PHONE OR OTHER 
ELECTRONIC MEDIUM, or by whatever means, of a person 
engaged in real or simulated explicit sexual activities or any 
representation of the sexual parts OR OTHER PRIVATE PARTS of 
a person DESIGNED TO APPEAL TO PRURIENT DESIRES OR 
for primarily sexual purposes.'' 


3 
(b) Section 3 of Republic Act No. 9208 is further amended to include the 
following provision: 
"(J) CYBERSEX - REFERS TO A VIRTUAL SEX ENCOUNTER 
IN WHICH TWO 
OR 
MORE PERSONS CONNECTED 
REMOTELY VIA A COMPUTER NETWORK SEND ONE 
ANOTHER SEXUALLY EXPLICIT MESSAGES OR IMAGES 
DESCRIBING A SEXUAL EXPERIENCE." 
Section 3. (a) Section 4, paragraphs (a) to (h), of Republic Act No, 9208 are hereby 
amended to read as follows: 
"(a) 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] 
WHICH 
ACT 
THEREBY 
RESULTS IN 
prostitution, pornography, sexual exploitation, forced labor, 
slavery, involuntary servitude or debt bondage; 
(b) To introduce or match for money, profit, or material, economic 
or other consideration, any person or, as provided for under 
Republic Act No. 69585, any Filipino woman to a foreign national, 
for marriage, [for the purpose of] WHICH ACT THEREBY 
RESULTS IN acquiring, buying, offering, selling or trading 
him/her 
to 
engage in prostitution, 
pornography, sexual 
exploitation, forced labor, slavery, involuntary servitude or debt 
bondage; 
(c) To offer or contract marriage, real or simulated, [for the purpose 
of] WHICH ACT THEREBY RESULTS IN acquiring, buying, 
offering, selling, or trading them to engage in prostitution, 
pornography, sexual exploitation, forced labor or slavery, 
involuntary servitude or debt bondage. 
(d) To undertake or organize tours and travel plans consisting of 
tourism packages or activities, [for the purpose of] WHICH ACT 
THEREBY RESULTS IN utilizing and offering persons for 
prostitution, pornography or sexual exploitation; 
(e) To maintain or hire a person to engage in, OR WHICH ACT 
THEREBY RESULTS IN, prostitution or pornography; 
(f) To adopt or facilitate the adoption of persons, [for the purpose 
of] WHICH 
ACT 
THEREBY 
RESULTS 
IN prostitution, 
pornography, 
sexual 
exploitation, 
forced 
labor, 
slavery, 
involuntary servitude or debt bondage; 
(8) To recruit, hire, adopt, transport or abduct a person, by means 
of threat or use of force, fraud, deceit, violence, coercion, or 


4 
intimidation, [for the purpose of] WHICH ACT THEREBY 
RESULTS IN the removal or sale of organs of said person; 
(h) To recruit, transport or adopt a child to engage in, OR WHICH 
ACT THEREBY RESULTS IN THE CHILD’S INVOLVEMENT 
IN, armed activities in the Philippines or abroad.” 
(b) Section 4 of Republic Act No. 9208 is further amended to include the 
following provision: 
”(I) 
TO MAINTAIN, HIRE, MANAGE, FACILITATE OR 
ASSIST A PERSON TO ENGAGE IN CYBERSEX OR INTERNET 
PORNOGRAPHY .” 
Section 4. (a) Section 5, paragraphs (a), (b), (d) and (e), of Republic Act No. 9208 
are hereby amended to read as follows: 
”(a) To knowingly lease or sublease, use or allow to be used any 
house, building or establishment, [for the purpose of] WHICH 
ACT THEREBY RESULTS IN promoting trafficking in persons; 
@) To produce, print and issue or distribute unissued, tampered of 
fake counseling 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 requirement, [for the purpose of] WHICH ACT 
THEREBY RESULTS IN promoting trafficking in persons; 
(d) To assist in the conduct of misrepresentation or fraud for 
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] WHICH ACT THEREBY RESULTS 
IN promoting trafficking in persons; 
(e) To facilitate, assist or help in the exit and entry of persons 
from/to the country at international and local airports, territorial 
boundaries and seaports who are in possession of unissued, 
tampered or fraudulent travel documents, [for the purpose of] 
WHICH ACT THEREBY RESULTS IN trafficking in persons;”. 
(b) 
following provision: 
Section 5 of Republic Act No. 9208 is further amended to include the 
(H) 
TO ACT 
OR 
OTHERWISE 
FUNCTION 
AS AN 
INTERNET SERVICE PROVIDER WHICH OFFERS, OR MAKES 
AVAILABLE, 
ACCESS TO INTERNET PORNOGRAPHIC 
SITES. 


5 
Section5. 
amended to read as follows: 
Section 6, paragraph (b), of Republic Act No. 9208 is hereby 
”(b) 
When the adoption is effected through Republic Act No. 
8043, otherwise known as the “Inter-Country Adoption Act of 
1995” and said adoption [is for the purpose of] THEREBY 
RESULTS IN prostitution, pornography, sexual exploitation, 
forced labor, slavery, involuntary servitude or debt bondage;”. 
Section 6. (a) Section 10, paragraph (g), of Republic Act No. 9208 is herebyt 
amended to read as follows: 
”(g) If the offender is a foreigner, he shall be immediately deported 
after serving his sentence [and], HIS VISA TO THE PHILIPPINES 
SHALL BE CANCELLED AND SHALL be barred permanently 
from entering the country; 
Section 10 of Republic Act No. 9208 is further amended to include the 
(b) 
following provisions: 
”(J) IF AN ACCUSED IS CHARGED WITH QUALIFIED 
TRAFFICKING AND THE TRAFFICKING IS ALLEGEDLY 
COMMITTED BY A SYNDICATE, ALL BANK ACCOUNTS 
BELONGING TO THE SYNDICATE SHALL BE HELD IN 
ESCROW AND ALL PROPERTIES THAT ARE FOUND TO BE 
FRUITS OF THE CRIME SHALL BE PLACED UNDER THE 
CUSTODY OF THE COURT.” 
Section 7. 
Separability Clause. - If any provision of this Act is declared invalid, 
the remainder or any provisions hereof not affected thereby shall remain in full 
force and effect. 
Section& 
Repealing Clause. - The provisions of any law, executive orders, 
presidential decrees or other issuances inconsistent with this Act are hereby 
repealed or modified accordingly. 
Section9. 
Effectivity. - This Act shall take effect fifteen (15) days after its 
complete publication in at least two (2) national newspapers of general 
circulation. 
Approved.