%
SEVENTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPESES 
First Regular Sessi(tn
)
)
SENATE
S. B. No. 1151
-^ rn a fr
•/
(§fUrt of lheeI^',n ft.ifji
'16 
SEP 19 
P 2 -4 2
(■: !■
Introduced by Senator Maria Lourdes Nancy S. Binay
/
AN ACT TO INSTITUTE POLICIES TO ELIMINATE SMUGGLING OF MIGRANTS, 
ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THIS 
PURPOSE, PROVIDING PENALTIES FOR ITS VIOLATIONS AND FOR OTHER
PURPOSES
EXPLANATORY NOTE
The Protocol against llie Smuggling of Migrants by Land, Sea and Air (Protocol), 
supplementing the United Nations Convention against Transnational Organized Crime, was 
adopted by the United Nations General Assembly on November 15, 2000 and entered into 
force on January 28, 2004. The Philippines signed the Protocol on December 14, 2000 and 
ratified the same on May 28,2002.
Migrant Smuggling is a crime involving the procurement for financial or other material 
benefit of illegal entry of a person into a State of which that person is not a national or 
resident. The United Nations Office on Drugs and Crime (UNODC), describes Migrant 
Smuggling as a deadly business that affects almost every country in the world and costs 
thousands of lives each year. Although current data is sparse to show an accurate picture of 
the number of persons smuggled each year and the routes and methods used by those who 
smuggle them, available evidence reveals;
• 
Criminals are increasingly providing smuggling services to irregular migrants to 
evade national border controls, migration regulations and visa requirements;
• 
Migrant smuggling is a highly profitable business in which criminals enjoy low risk 
of detection and punishment;
• 
The modus operandi of migrant smugglers are diverse. Highly sophisticated and 
expensive services rely on document fraud or visa-smuggling;
• 
Migrant smugglers constantly change routes and modus operandi in response to 
changed circumstances often at the expense of the safety of the smuggled migrants; 
and
• 
Thousands of people have lost their lives as a result of the indifferent or even 
deliberate actions of migrant smugglers1.
1 United Nations Office on Drugs and Crime (UNODC), Migrant Smuggling, 
https://www,unodc.org/unodc/en/human-trafTicking/sinuggling-of-migrants.html


According to the 2014 CFO Compendium of Statistics on International Migration published 
by the Commission on Filipinos Overseas, the UN Global migration statistics revealed that in 
2013 there are 232 million international migrants living abroad worldwide, with an estimated 
10.23 million overseas Filipinos in more than 200 countries and territories. Of the 10.23 
million overseas Filipinos, 4.8 million are permanent migrants, 4.20 million are temporary 
migrants and 1.16 million irregular migrants^.
It is alarming that there are 1.16 million irregular Filipino migrants scattered around the globe 
who are exposed to unfathomable abuse and exploitation. Similarly, illegal migrants also 
enter the Philippines. Data on illegal migrants entering the country is too scant and scattered 
but according to news reports, in 2014, there are 1.5 million foreign residents in the country 
of which only 200,000 have registered with the Bureau of Immigration and the rest are illegal 
aliens2 3.
Under the Protocol, each State Party shall adopt domestic legislation and other measures to 
combat migrant smuggling4. A model law against the smuggling of migrants was developed 
by the UNODC to facilitate the review and amendment of existing legislation and the 
adoption of new legislation by States. It is designed to be adapted to the needs of each State, 
whatever its legal tradition and social, economic, cultural and geographic conditions.5
In response to our obligation under the Protocol and in furtherance of the State’s duty to 
prevent and combat the smuggling of migrants as well as protect the rights of smuggled 
migrants, this representation seeks the timely passage of this proposed bill.
MARIA LOURDES NANCY S. BINAY
2 Commission on Filipino Overseas, 2014 CFO Compendium of Statistics on International Migration, 44 
edition, retrieved from: http://vww.cfo.gov.ph/images/pdf7pdf-migration/2014-CFO-Statistical- 
Compendium pdf
ABS-CBN News, DZMM interview of Bureau of Immigration Commissioner Siegfred Mison, http://news.abs- 
cbn.eom/focus/09/26/14/over-1 -m-foreigners-are-tnts-phi li ppi nes.
UNODC, Protocol against the Smuggling of Migrants by Land, Sea and Air (Protocol), supplementing the 
United Nations Convention against Transnational Organized Crime, retrieved from:
https://www.unodc.org/documents/southeastasiaandpacific/2011/04/som-indonesia/convention_smug_eng.pdf
UNODC, Model law against the Smuggling of Migrants, retrieved from: 
https://wvw.unodc.org/documentsAuman-tranicking/Model Law Smuggling of Migrants 10- 
52715_Ebook.pdf


SEVENTEENTTT CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
First Regular Session
)
)
SENATE
S. B. No. 1151
ik iM iCffiri nf Uitl>rrtrbrl!
*16 
SEP 19 
P 2  '42
H i't'i:;\ ’ ! ny.
Introduced by Senator Maria Lourdes Nancy S. Binay *
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AN ACT TO INSTITUTE POLICIES TO ELIMINATE SMUGGLING OF MIGRANTS, 
ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THIS 
PURPOSE, PROVIDING PENALTIES FOR ITS VIOLATIONS AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:
Chapter I. GENERAL PROVISIONS
Article I. Title. This Act shall be known as the “Anti-Smuggling of Migrants Act of 2016.”
Article 2. Declaration of Policy. It is hereby declared that the State adopts the generally 
accepted principles of international law as part of the law of the land and adheres to the 
policy of peace, equality, justice, freedom, cooperation, and amity with all nations. In the 
pursuit of this policy, the State gives full effect to the Protocol against the Smuggling of 
Migrants by Land, Sea and Air supplementing the United Nations Convention against 
Transnational Organized Crime.
It shall be a State policy to give highest priority to the enactment of measures and 
development of programs that will prevent and combat the smuggling of migrants, protect the 
rights of smuggled migrants and promote and facilitate national and international cooperation 
in order to meet these objectives.5
Article 3. Definition of Terms. - As used in this Act:
a) “Smuggling of migrants” shall mean the procurement, in order to obtain, directly or 
indirectly, a financial or other material benefit, of the illegal entry of a person into the 
Philippines or another jurisdiction of which the person is not a national or a 
permanent resident;
6 Mandatory, Smuggling of Migrants Protocol, articles 1 and 2, read together with article 1 of the Organized
Crime Convention.


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b) “Child” shall mean a person under the age of 18 years or one who is over eighteen 
(18) but is unable to fully take care of or protect himself/herself from abuse, neglect, 
cruelty, exploitation, or discrimination because of a physical or mental disability or 
condition;
c) “Commercial carrier” shall mean a natural or juridical person who engages in the 
transportation of goods or people for commercial gain;
d) “Financial or other material benefit” shall include any type of monetary or non­
monetary inducement, payment, bribe, reward, advantage, privilege or service, 
including sexual or other services;
e) “Fraudulent travel or identity document” shall mean any travel or identity document;
i) 
That has been falsely made or altered in some material way by anyone 
other than a person or agency lawfully authorized to make or issue the 
travel or identity document on behalf of a State;
ii) 
That 
has 
been 
improperly 
issued 
or 
obtained 
through 
misrepresentation, corruption or duress, or in any other unlawful 
manner; or
iii) 
That is being used by a person other than the rightful holder;7
f) “Illegal entry” shall mean crossing borders without complying with the necessary 
requirements or processes for legal entry into the receiving State;8
g) “Non-refoulement” shall refer to the principle of international law which prohibits the 
return by a State, in any manner whatsoever, of an individual to the frontiers of 
territories where his or her life or freedom would be threatened on account of race, 
religion, nationality, membership of a particular social group or political opinion, or 
would run the risk of torture, inhumane and degrading treatment or other forms of 
irreparable harm. Refoulement includes any action having the effect of returning the 
individual to a State, including expulsion, deportation, extradition, rejection at the 
border, extraterritorial interception and physical return;
h) “Grave offense” as used under Article 5, paragraph 2 (c) of this Act shall mean an 
offense punishable by deprivation of liberty or imprisonment of more than six years 
or a more serious penalty;
i) “Migrant” shall mean, for the purpose of this Act, persons entering a jurisdiction, who 
may be required by the law of that jurisdiction, to possess the necessary travel or 
entry documents;
j) “Smuggled migrant” shall mean any person who has been the object of conduct 
criminalized under Chapter II of this Act, regardless of whether the perpetrator is 
apprehended, prosecuted or convicted;
7 Mandatory, Smuggling of Migrants Protocol, Article 3 (c)
8 Mandatory, Smuggling of Migrants Protocol, Article 3 (b)


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k) “Vessel” shall mean any type of watercraft, including non-displacement craft and 
seaplanes, used or capable of being used as a means of transportation on water, except 
a warship, naval auxiliary or other vessel owned or operated by a Government and 
used, for time being, only on government non-commercial service11;
1) “Aircraft” -  shall mean any conveyance capable of transporting passengers by air 
except foreign military and/or law enforcement aircrafts;
Article 4. Principles of Interprefation and Applicafion This Act shall be interpreted and 
applied in a way:
a) That is not discriminatory on any ground, such as age, race, color, gender, language, 
religion, political or other opinion, nationality or social origin, property, birth, 
disability or other status;
b) That is consistent with the principle of non-refoulement;
c) That is consistent with the policy enunciated by Philippine laws concerning migrants, 
including, but not limited to. Republic Act No. 8042 as amended and Republic Act 
9208 as amended, as may be applicable;
d) That is consistent with the Philippines’ obligations under international law, especially 
human rights, humanitarian and refugee law, including, but not limited to the 
International Covenant on Civil and Political Rights, the International Covenant on 
Economic, Social and Cultural Rights, the Convention on the Rights of the Child, the 
Convention on the Elimination of All Forms of Discrimination against Women, The 
Convention on the Elimination of All Forms of Racial Discrimination, The 
Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or 
Punishment, The International Convention on the Protection of the Rights of All 
Migrant Workers and Members of Their Families, the Convention relating to the 
Status of Refugees and the 1967 Protocol relating to the Status of Refugees and 
customary international law; and
e) That takes into account the special needs of smuggled migrants including women, 
children, or those who have special needs.13
Article 5. Jurisdiction.
1. 
This Act shall apply when committed, wholly or partially:
a) within the territory of the Philippines or maritime areas over which the 
Philippines exercises territorial sovereignty; or
" Mandatory, Smuggling of Migrants Protocol, Article 3 (d)
Mandatory, Smuggling of Migrants Protocol, article 16, paragraphs 1 and 4, and article 19


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b) on board a vessel that is flying the flag of the Philippines or an aircraft that is 
registered under the laws of the Philippines at the time the offense was 
committed;
2. This Act shall likewise apply to offenses committed outside the Philippines when:
a) the smuggled migrant is a citizen of the Philippines; or
b) the offender is a Philippine national or a permanent resident of 
the 
Philippines; or
c) it is committed with a view to the commission of any grave offense or 
transnational crime within the territory of the Philippines.
3. This Act shall likewise apply to conduct engaged outside of the Philippine 
territory on a vessel reasonably suspected of being engaged, directly or indirectly, 
in the smuggling of migrants by sea:
a) If the vessel is without nationality or may be assimilated to a vessel without 
nationality;
b) If the vessel, although flying a foreign flag or refusing to show a flag, is in 
reality of the nationality of the State concerned; or
c) If the vessel is flying the flag or displaying the marks of registry of a Protocol 
State other than the Philippines15.
4. This Act shall also apply to conduct committed by persons who are present in the 
Philippines whose extradition is refused on any ground.
Chapter II. CRIMINAL OFFENSES16
Article 6. Basic Offenses.
Section 1. Acts of Smuggling of Migrants. Any person, natural or juridical, who, in 
order to obtain directly or indirectly a financial or other material benefit, procures the 
illegal entry of a person into the Philippines or another jurisdiction of which the 
person is not a national or a permanent resident, commits an offense punishable by 
imprisonment of six (6) years and one (1) day to twelve (12) years and a fine of not 
less than P400,000.00 but not more than P1,000,000.00.
”  Mandatory-Smuggling of Migrants Protocol, article 8, paragraphs 1, 2 and 7
Mandatory requirement under Article 6 of the Smuggling of Migrants Protocol


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An attempt to commit this offense shall be punished by five (5) years and one (1) day 
to six (6) years and fine of not less than P200,000.00 but not more than P 400,000.00.
An accomplice to this crime shall be punished by three (3) years and one (1) day to 
five (5) years and fine of not less than P 100,000.00 but not more than P 300,000.00.
An accessory to commit this offense shall be punished by three (3) years and one (1) 
day to five (5) years and fine of not less than PI00,000.00 but not more than 
P300,000.00.
Tn all these cases, foreign nationals liable under this Act shall be deported after 
service of sentence, unless they are undergoing investigation or trial or serving 
sentence for another crime. Thereafter, they shall be barred entry to the country, 
except upon approval on meritorious grounds by the President of the Philippines or by 
another officer to whom the President has delegated this specific function.
Section 2. Offenses in relation to travel or identity documents and immigration stamp. 
Any person who, in order to obtain directly or indirectly a financial or other material 
benefit, produces, procures, provides or possesses a fraudulent travel or identity 
document or arrival or departure immigration stamp for the purpose of enabling the 
smuggling of migrants, commits an offense punishable by imprisonment of four (4) 
years and one (1) day to six (6) years and a fine of not less than P300,000.00 but not 
more than P500,000.00.
An attempt to commit this offense shall be punished by three (3) years and one (1) 
day to four (4) years and a fine of not less than P 100,000.00 but not more than 
P300,000.00.
An accomplice to this crime shall be punished by three (3) years and one (1) day to 
four (4) years and a fine of not less than PI 00,000.00 but not more than P 300,000.00.
An accessory to commit this offense shall be punished by two (2) years and one (1) 
day to three (3) years and a fine of not less than P 100,000.00 but not more than P 
300,000.00.
Section 3. Enabling illegal residence, harboring or concealment. Any person who, by 
unlawful acts such as, but not limited to, the use of fraudulent or falsified documents, 
or the procurement of documents by misrepresentation, in order to obtain directly or 
indirectly a financial or material benefit, enables another who is not a national or a 
permanent resident, to remain in the jurisdiction without complying with the 
necessary requirements for legally remaining in the jurisdiction or any person who 
harbors or conceals any smuggled migrant shall be punished by imprisonment of six 
(6) years and one (1) day to twelve (12) years and fine of not less than P400,000.00 
but not more than P 1,000,000.00.
An attempt to commit this offense shall be punished by five (5) years and one (1) day 
to six (6) years and fine of not less than P200,000.00 but not more than P 400,000.00.


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Section 4. Principals by Organizing or Directing. Any person who organizes or 
directs another person or persons to commit an offense under this chapter shall be 
punished by imprisonment of six (6) years and one (1) day to twelve (12) years and a 
fine of not less than P400,000.00 but not more than PI,000,000.00.
Section 5. Attempts. Where there are acts to initiate the commission of an offense 
punished under this chapter but the offender failed to or did not execute all the 
elements of the crime, by accident or by reason of some cause other than voluntary 
desistance, such overt acts, if not otherwise punished under this Act, shall be deemed 
as an attempt to commit any of the offen.ses enumerated under Article 7 of this Act.
Section 6. Participating as an accomplice. Whoever knowingly aids, abets, 
cooperates in the exeeution of the offense by previous or simultaneous acts defined in 
Article 7 of this Act shall be liable as an accomplice.
Section 7. Accessories. Whoever has the knowledge of the commission of the offense, 
and without having participated therein, either as principal or as accomplice, take part 
in its commission in any of the following manner;
a) By profiting themselves or assisting the offender to profit by the effects of the 
offense;
b) By concealing or destroying the body of the offense or effects or instruments 
thereof, in order to prevent its discovery; or
c) By harboring, concealing or assisting in the escape of the principal of the 
offense, provided the accessory acts with abuse of his or her public functions 
or is known to be habitually guilty of some other crime.
Article 8. Aggravating Circumstances. If any of the following circumstances are present, the 
offenses under this Chapter shall be punishable by twelve (12) years and 1 day;
a) The offense involved circumstances that endangered or were likely to endanger the
life or safety of the smuggled migrant;
b) The offense involved circumstances that entail inhumane or degrading treatment of 
the smuggled migrants;18
c) The offense involved serious injury or death of the smuggled migrant or another 
person;
d) The offender took advantage of the particular vulnerability or dependency of the 
smuggled migrant for financial or other material gain;
17Mandatory, Smuggling of Migrants Protocol, article 6, paragraph 3 (a)
* Mandatory, Smuggling of Migrants Protocol, article 6, paragraph 3 (b)


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e) The offender, at the time of commission of the offense, was previously convicted 
by final judgment of a “similar offense”;
f) When the offense is committed by a syndicate, or in large scale. An offense is 
deemed committed by a syndicate if carried out by a group of three (3) or more 
persons conspiring or confederating with one another. It is deemed committed in 
large scale if committed against three (3) or more persons, individually or as a 
group.
g) TTie offender is a public officer who took advantage of his or her position or 
authority in the commission of the offense;
h) The smuggled migrant is a child;
i) The smuggled migrant is pregnant;
j) The smuggled migrant is a person with disability;
k) The smuggled migrant is a member of a vulnerable or marginalized group, 
including indigenous people, as defined by law;
l) The offender used a child as an accomplice or participant in the criminal conduct;
m) Thc offender used or tlireatcncd to use any form of violence against the smuggled 
migrant or their family;
n) The offender is a parent, legal guardian or anyone who has the authority or control 
over the smuggled migrant;
o) The offender confiscated, destroyed or attempted to destroy the travel or identity 
documents of the smuggled migrant.
Article 9. Criminal liability of smuggled migrants. A smuggled person shall not be liable to 
criminal prosecution under this law for being the object of conduct punished under this law, 
without prejudice to his or her administrative, criminal and civil liabilities under other 
relevant laws, including but not limited to Commonwealth Act No. 613 (Philippine 
Immigration Act of 1940 as amended). Republic Act No. 8239 (Philippine Passport Act of 
1996) and Act No. 3815 (Revised Penal Code).
Article 10. Liabilities of commercial carrier.
1. Any commercial carrier that fails to verify that every smuggled migrant possesses 
the identity and/or travel documents required to enter the destination State and 
any transit State, shall be liable to a fine of not less than PI00,000.00 but not 
more than P300,000.00.


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2. 
Any commercial carrier that fails to notify the competent authorities that a person 
has attempted to or has travelled on that carrier without the identity and travel 
documents required to enter the destination State or any transit State with 
knowledge or in reckless disregard of the fact that the person was a smuggled 
migrant, in addition to any other penalty provided by existing laws, shall be liable 
to a fine of not less than P50,000.00 but not more than PI00,000.00.
3. 
A commercial carrier does not commit an offense under this article if:
a) There were reasonable grounds to believe that the transported person has the 
travel documents required for lawful entry in the receiving State;
b) The transported person possessed the lawful travel documents when boarded, 
or last boarded the means of transport to travel to the Philippines;
c) The entry into the receiving State occurred only because of circumstances 
beyond the control of the commercial carrier;
d) The entry into the receiving State resulted from a rescue;
e) The persons it transported were provided against refoulement and/or access to 
the asylum system by the United Nations High Commissioner for Refugees or 
other competent authorities in accordance with existing laws and international 
instruments.
Article 11. Facilitaiing entry or stay for justice processes. The Bureau of Immigration may 
grant a visa to a smuggled migrant in order to facilitate the investigation and/or prosecution 
of an offense under this Act.
For this purpose, the smuggled migrant may avail the privileges granted under the Witness 
Protection Program of the Department of Justice, if the offense charged is committed in large 
scale or by a syndicate.
Article 12. Liability of a juridical entity.
1.
This law applies to a juridical entity in the same way as it applies to an individual. 
A juridical entity may be found guilty of any of the offenses set out in this Act, in 
addition to the liability of any person for the same offense.
For purposes of the offenses under this Act, the conduct or state of mind of an 
employee, agent, partner, director or any other officer of the juridical entity will 
be deemed to be an act of the juridical entity if that person is acting within the 
scope of his or her employment or actual or apparent authority or with the 
consent, whether express or implied, of the agent, partner, director or any other 
officer of the juridical entity.


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3. 
A reference in this selection of the state of mind of a person includes the person’s 
knowledge, intention, opinion, belief or purpose and the person’s reasons for that 
intention, opinion, belief or purpose.
Chapter III. PROTECTION AND ASSISTANCE MEASURES
Article 13. Access to urgent medical care. Access to emergency medical care, including 
urgent maternal care, shall not be refused by medical service providers to smuggled migrants 
by reason of any irregularity with regard to their entry or stay in the Philippines.
Article 14. Protection of smuggled migrants against violence. The Council shall develop 
guidelines on appropriate measures to afford migrants appropriate protection against all 
forms of violence that may be inflicted upon them, whether by individuals or groups, by 
reason of being the object of conduct described in Chapter 2 of this Act. These measures shall 
take into account the special needs of women and children, as well as the needs of other 
vulnerable sectors.20
Article 15. Assistance to smug;gled migrants whose lives or safety are in danger. The Council 
shall develop guidelines on appropriate assistance to migrants whose lives or safety are 
endangered by reason of being the object of conduct described in Chapter 2 of this Act. These 
measures shall take into account the special needs of women and children, as well as the 
needs of other vulnerable sectors.21
Article 16. Civil proceedings
1. 
A smuggled migrant who has been subjected to violence, torture or other cruel, 
inhumane or degrading treatment or punishment, or threats to his or her life or 
safety as a result of being the object of conduct criminalized by this Act shall 
have the right to institute civil proceedings to claim material and non-material 
damage suffered as a result of the acts specified.
2. 
The right to pursue a civil proceeding for material or non-material damages shall 
not be affected by the existence of criminal proceedings in connection with the 
same acts from which the civil claim derives.
3. 
The immigration status or return of the smuggled migrant to his or her home 
country or other absence of the smuggled migrant from the jurisdiction shall not 
prevent the court from ordering payment of compensation under this article.
Article 17. Smuggled migrants who are children.
1. 
In addition to any other protections provided in this Act;
Mandatory, Smuggling of Migrants Protocol, article 16, paragraphs 2 and 4
Mandatory, Smuggling of Migrants Protocol, article 16, paragraphs 3 and 4


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a) In all actions by government officials, agencies and the courts concerning 
smuggled migrants who are children, the primary consideration shall be the 
best interests of the child;
b) When the age of a smuggled migrant is uncertain and there are reasons to 
believe that the smuggled migrant is a child, he or she shall be presumed to be 
a child, for the purpose of being afforded protection, pending verification of 
his or her age;
c) Any interview or examination of a smuggled migrant who is a child shall be 
conducted by a speeially trained professional, in a suitable environment, in a 
language that the child uses and understands and in the presence of the child’s 
parent, legal guardian or a support person;
d) A smuggled migrant who is a child shall have the right of access to education, 
which shall not be refused or limited by reason of their irregular entry or 
situation, or that of their parents;
e) A smuggled migrant who is a child shall be under protective custody in 
conformity with the law and shall be used only as a measure of last resort and 
for the shortest appropriate period of time.
2. If a smuggled migrant is an unaccompanied child, the Council shall:
a) Take protective custody of the child and act as temporary guardian to represent 
the interests of the child;
b) Take all necessary steps to establish his or her identity and nationality. When 
the nationality has been established, the smuggled migrant who is a child shall 
be turned over to the consular officer of his or her nationality, if available;
c) Make every effort to locate his or her family including for the purpose of 
facilitating family reunification when this is in the best interests of the child.
3. 
For the purposes of this article, “unaccompanied child” means a child who has 
been separated from both parents and other relatives and is not being cared for by 
an adult who, by law or custom, is responsible for doing so.
Article 18. Access to consular officials for smuggled migrants.
b The appropriate authority shall inform the consular officers of the smuggled migrant 
regarding the fact of him or her being an object of acts punished by this law and all 
reasonable steps are to be taken to facilitate such communication.
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2. Smuggled migrants who are being held in protective custody shall have the rights to 
receive assistance from consular officers to converse and correspond with consular 
officers; and to receive communications sent by consular authorities without delay.
3. The arresting authority shall take all reasonable steps to facilitate such visits and 
communication and shall forward all correspondence from the smuggled migrant that 
is addressed to the relevant consular office without delay.22
Chapter IV. PREVENTION
Article 19. Strict Departure and Entry Policy’. In line with the State px)licy to prevent 
smuggling of migrants, the Council shall implement a strict departure and entry policy in 
Philippine airports, seaports, border crossing stations or any international ports of entry or 
exit whenever the elements as provided for under Chapter 2 of this Act are present, taking 
into consideration the right to travel.
Article 20. Authority to Defer Departure and Exclude Possible Objects. As a means to 
prevent smuggling of migrants, the immigration officers at the airport, seaports, border 
crossing stations or any international ports of exit and entry shall prevent the departure and/or 
entry of passengers who are possible objects of migrant smuggling or those in possession of 
fraudulent travel documents.
Article 21. Respect for Rights. In the exercise of the power to defer departure and exclude 
possible objects of migrant smuggling including the determination on the possibility of a 
migrant smuggling activity, the immigration officer at tlie international airports, seaports, 
border crossing stations or any international ports of entry and exit shall always do so with 
due regard to the rights of the migrants. In the exercise of such power, the immigration 
officer shall practice courtesy, accountability, efficiency and service.
Chapter V. COORDINATION AND COOPERATION 
Article 22. Establishment of a National Coordinating Council.
1. 
There shall be established an Inter-Agency Council Against Migrant Smuggling 
(lACAMS) to be comprised of officials from the following:
a) Bureau of Immigration - shall strictly administer and enforce immigration and 
alien registration laws. It shall adopt measures for the apprehension of 
suspected migrant smugglers both at the place of arrival and departure and 
shall ensure compliance with existing formalities and mechanisms to prevent 
smuggling of migrants;
Mandatory, Smuggling of Migrants Protocol, article 16, paragraph 5; Vienna Convention on Consular 
Relations, article 36
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b) Department of Justice - shall ensure the prosecution of persons accused of 
smuggling of migrants and designate and train special prosecutors who shall 
handle and prosecute cases of smuggling of migrants. It shall also establish 
mechanism for free legal assistance for smuggled persons, in coordination with 
the DSWD, Integrated Bar of the Philippines and other non-governmental 
organizations (NGOs) and volunteer groups;
c) Office of the Special Envoy on Transnational Crime, Office of the President - 
shall actively participate and coordinate in the formulation and monitoring of 
policies addressing the issue of smuggling of migrants in coordination with 
relevant government agencies. It shall likewise advocate for the inclusion of 
the issue of smuggling of migrants in both its local and international campaign 
against transnational crimes;
d) Department of Foreign Affairs -  shall make available its resources and 
facilities overseas for smuggled migrants regardless of their manner of entry to 
the receiving country, and explore means to further enhance its assistance in 
eliminating migrant smuggling activities through closer networking with 
government agencies in the country and overseas, particularly in the 
formulation of policies and implementation of relevant programs;
e) Department of Interior and Local Government- shall institute a systematic 
information and prevention campaign against smuggling, as well as enabling 
illegal residence, harboring or concealment of migrants, and ensure that local 
government units (LGUs) closely monitor and document cases of smuggling 
of migrants in their areas of jurisdiction and effect the cancellation of licenses 
of establishments which violate the provisions of this Act;
f) Department of Social Welfare and Development- shall develop policies, 
standards and rehabilitative and protective programs for smuggled migrants. It 
shall provide counseling and temporary shelter to smuggled persons and 
develop a system for accreditation among NGOs for purposes of establishing 
centers and programs for intervention in various levels of the community;
g) Department of Tourism- shall inform and raise awareness in the tourism 
industry about smuggling of migrants and encourage all tourism stakeholders 
to be parmers in the prevention and elimination of migrant smuggling 
activities;
h) Philippine Center on 1 ransnational Crime — shall ensure a centralized database 
and maintain a databank for the effective monitoring, documentation and 
prosecution of cases of smuggling of migrants;
i) Philippine Coast Guard — shall implement maritime law enforcement against 
smuggling of migrants and participate in inter-agency intelligence exchange.
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cooperation and collaboration to efficiently address maritime migrant 
smuggling activities;
j) Philippine National Police and National Bureau of Investigation- shall be the 
primary law enforcement agencies to undertake surveillance, investigation and 
arrest of individuals or persons suspected to be engaged in smuggling of 
migrants. It shall closely coordinate with various law enforcement agencies to 
secure concerted efforts for effective investigation and apprehension of 
suspected migrant smugglers. It shall also establish a system to receive 
complaints and calls to assist smuggled migrants and conduct rescue 
operations; and
k) Commission on Filipinos Overseas- shall formulate and implement policies 
and programs relevant to the rights, welfare and status of smuggled migrants, 
and conduct prevention campaign to raise the awareness on smuggling of 
migrants among prospective migrants and Filipino communities; and
l) such other agencies and/or sectors as may be determined by the Council.
2. 
The Council shall:
a) Oversee and coordinate the implementation of this Act through the development 
of policy, regulations, guidelines, procedures and other measures;
b) Develop a national plan of action to ensure comprehensive and effective 
implementation of this Act, which shall include a process of periodic review of 
achievement of aims and objectives;
c) Oversee the implementation of obligations under the Smuggling of Migrants 
Protocol;
d) Facilitate inter-agency and multi-disciplinary cooperation between the various 
government agencies, 
international 
organizations 
and 
non-governmental 
organizations; and
e) Facilitate cooperation with relevant countries of origin, transit and destination, in 
particular border control agencies.
f) Maintain a database of foreign nationals staying in the Philippines for at least six 
(6) months in coordination with the respective Local Government Unit (LGU) 
where said foreign nationals are sojourning.
3. 
The Council shall organize a Secretariat through the Implementing Rules and 
Regulations of this Act in accordance with the applicable budget and other laws. 
The Department of Justice shall work for the inclusion of specific appropriations 
for the Secretariat.
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Article 23. Capacity-building, Advocacy and Partnership. The Council shall:
1. 
Develop and provide training programs to concerned government agencies, 
including immigration and law enforcement officers, prosecutors and judges, for 
the prevention and suppression of smuggling of migrants, prosecution of 
offenders, while protecting and preserving the rights of smuggled migrants23;
2. 
Develop and implement public information programs to increase public 
awareness of the fact that smuggling of migrants is a criminal activity frequently 
perpetrated by organized criminal groups for profit and that it possesses a serious 
risk to smuggled migrants24;
3. 
Provide assistance to and foster cooperation with the relevant agencies on 
development programs that take into account the socio-economic realities of 
migration and paying special attention to economically and socially depressed 
areas, in order to combat the root socio-economic causes of the smuggling of 
migrants, such as poverty and underdevelopment25.
Chapter VI. COOPERATION REGARDING THE SMUGGLING OF MIGRANTS AT SEA
Article 24. Inspection of Vessels. In confonnity with existing laws and regulations, including 
applicable international norms and instruments, the relevant law enforcement agencies may 
board, inspect, or otherwise investigate any vessel not flying a flag or otherwise navigating 
under suspicious circumstances that enters or traverses maritime areas under Philippine 
territorial sovereignty for the purpose of determining whether it is being used to commit the 
acts punished under Chapter II of this Act.
Article 25. Designation of competent national authority.
1. 
In coordination with the Council, the Philippine Coast Guard tlirough the 
Department of Foreign Affairs, or such other agencies as may be designated by 
the Council in accordance with their respective mandates, shall:
a) Receive and respond to requests for assistance from Protocol States;
b) Transmit requests for assistance to Protocol States;
c) Receive and respond to requests for confirmation of registry or of the right of 
a vessel to fly the flag of the Philippines;
d) Receive and respond to requests for authorization from Protocol States to take 
appropriate measures as set out in this Chapter; and
“  Mandatory provision-Smuggling of Migrants Protocol, Article 14, paragraphs 1 and 2 
^  Mandatory provision-Smuggling of Migrants Protocol, Article 15
Mandatory provision-Smuggling of Migrants Protocol, Article 15, paragraph 3
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e) Transmit requests for authorization to Protocol States to take appropriate 
measures as set out in this Chapter.
2. 
The designation provided in the preceding paragraph shall be notified to the 
Secretary-General of the United Nations within one (1) month from the 
effectivity thereof26.
Article 26. Conditions and limitations on the exercise of the powers in the preceding articles.
1. 
In the exercise of powers conferred in Article 5 paragraph 1 (b), the authorized 
officers shall take into consideration the rights of the migrants and practice 
courtesy, accountability, efficiency and service.
2. 
Those powers shall not be exercised in relation to a vessel beyond the limits of 
the maritime areas under Philippine territorial sovereignty and flying the flag or 
displaying the marks of registry of anotlier Protocol State except;
a) If the Philippines is exercising its rights in its contiguous zone;
b) in the exercise of the right of hot pursuit; or
c) If the Council has given authority.
3. The Council shall not give the authority contained in paragraph 2 (c) above unless 
satisfied that:
a) The Protocol State has requested assistance of the Philippines for tlie purposes 
of detecting or preventing the smuggling of migrants and taking appropriate 
action; or
b) The Protocol State has authorized the Philippines to act for that purpose.
4. 
The Council shall impose such conditions or limitations on the exercise of the 
powers as may be necessary to give effect to any conditions or limitations 
imposed by the Protocol State.
5. 
The Council may, either on its own initiative or in response to a request from a 
Protocol State, authorize a Protocol State to exercise, in relation to a Philippine 
vessel, powers corresponding to those conferred on officers authorized under this 
Chapter but subject to such conditions or limitations, if any, as it may impose.
6. 
Paragraph 5 above is without prejudice to any agreement made, or which may be 
made, on behalf of the Philippines undertaking not to object to the exercise by 
any other State in relation to a Philippine vessel of powers corresponding to those 
conferred on officers authorized under this Chapter.
26Mandatory-Smuggling of Migrants Protocol, article 8, paragraph 6
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7. 
The powers conferred on officers authorized under this Chapter shall not be 
exercised in the territorial sea of any other State without the authority of the 
Council27.
Article 27. Operational framework for measures at sea.
1. 
Any measure taken at sea pursuant to this Chapter shall be carried out only by 
warships or military aircraft, or by law enforcement ships or aircraft clearly 
marked and identified as being on government service and authorized to that 
effect28
2. 
When taking measures against a vessel in accordance with this Chapter, an 
authorized officer is required to take all necessary steps:
a) To afford migrants protection against all forms of violence that may be 
inflicted upon them, whether by individuals or groups, by reason of being the 
object of conduct criminalized by this Act;
b) To assist migrants whose lives or safety are endangered by reason of being the 
object of the acts punished by this Act;
c) To take into account the special needs of women, children and vulnerable or 
marginalized groups, as defined by law;
d) To ensure safety and humane treatment of the persons on board;
e) To ensure that any measures taken are compliant with human rights and 
international humanitarian obligations;
f) To take due account of the need to safeguard the vessel or its cargo;
g) To take due account of the commercial or legal interests of the flag State or 
any other interested State; and
h) To ensure, within available means that any measure taken with regard to the 
vessel is environmentally sound29.
Article 28. Safeguards in relation to danger to lives at sea. Nothing in this Act affects the 
obligation of any person or agency required to render assistance to those in distress at sea30.
27 Mandatory, Smuggling of Migrants Protocol, article 8, paragraphs 2 and 5
Mandatory, Smuggling of Migrants Protocol, article 9, paragraph 4
29 Mandatory, Smuggling of Migrants Protocol, article 9, paragraph 1 article 16, paragraphs M ; and article 19, 
jraragraph 1.
Mandatory, Smuggling of Migrants Protocol, article 8, paragraph 5, United Nations Convention on the Law of 
the Sea, article 98.
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Article 29. Compensaliun for loss or damage. The holder of legal rights in the vessel is 
entitled to reasonable compensation for loss or damage sustained as a result of actions taken 
by an officer authorized under this chapter when the grounds for measures taken prove to be 
unfounded, except if the vessel or any person on the vessel has committed any act that would 
justify the measures taken31.
Chapter Vll. PROCESS RELATED TO THE RETURN OF SMUGGLED MIGRANTS 
Article 30. Designation of agency or agencies.
1. 
The Council shall perform the functions described in this Chapter.
2. 
In performing its functions, the Council, may, through the Department of Foreign 
Affairs, cooperate with relevant international organizations, including the Office 
of United Nations High Commissioner for Refugees and the International 
Organization for Migration.
Article 31. Referral of migrants with specific protection needs.
1. 
In performing its functions under this Chapter, the Council shall ensure that 
smuggled migrants who are seeking international protection under national 
asylum laws, the Convention relating to the Status of Refugees or international 
law, or who have particular protection needs are promptly referred to the 
competent authorities to decide on their case.
2. 
The Council, through the Department of Foreign Affairs, shall ensure that the 
Office of the United Nations High Commissioner for Refugees is given access to 
smuggled migrants who are asylum-seekers and other persons of concern to the 
Office, pursuant to Article 18, Chapter III of this Act.
Article 32. Ensuring safety in exchange of information.
1.
2.
The Council shall develop policies and procedmes to ensure that any exchange of 
information about a smuggled migrant will not put the returnee, or his or her 
relatives, in danger upon return to the State of origin.
Information about the existence or content of any application made by the 
smuggled migrant from international protection shall be confidential and not be 
disclosed to the State where he shall return, unless in meritorious cases.
Article 33. Legitimacy and validity of documents. The Council, through the Department of 
Foreign Affairs, shall, at the request of the appropriate authority or representative of another 
Protocol State, verify within a reasonable time the legitimacy and validity of travel
MMandatory, Smuggling of Migrants Protocol, article 9, paragraph 2
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documents issued or purported to have been issued in the Philippines and suspected of being 
used for the purposes of smuggling of migrants.
The Council shall verify the authenticity of identity documents issued by such agency32. 
Article 34. Facilitating return of smuggled migrants. The Council shall;
1. 
At the request of the appropriate authority of the smuggled migrant or of the 
Council’s own initiative, facilitate without imdue or unreasonable delay, the 
return of a smuggled migrant to his country of nationality or where he or she 
acquired permanent residence, provided that there is no pending civil or criminal 
action filed against the smuggled migrant33;
2. 
At the request of the appropriate authority of the smuggled migrant or of its own 
initiative, facilitate the return to the Philippines of a smuggled migrant who had 
the right of pennanent residence in the Philippines or country of origin, at his or 
her option, at the time of entry into the receiving State;
3. 
At the request of the appropriate authority of the smuggled migrant, verify 
without undue or unreasonable delay whether a smuggled migrant is a national or 
has the right of permanent residence in the Philippines34.
4. At the request of the appropriate authority or representative of another Protocol 
State, facilitate the issue of documents or other authorization as necessary to 
enable a smuggled migrant who is either a national of the Philippines or who has 
a right of permanent residence in the Philippines, to travel and re-enter 
Philippines35.
Article 35. Protection of smuggled migrants in the return process.
1. 
The Council shall ensure that any planned or actual return of a smuggled migrant 
is consistent with international law, in particular human rights, refugee and 
humanitarian laws, including the principle of non-refoulement, the principle of 
non-discrimination, the right to life, the prohibition on torture and other forms of 
cruelty, inhumane and degrading treatment or punishment, and, where children 
are involved, the best interests of the child.
2. 
In facilitating the return of smuggled migrants, the Council shall take appropriate 
measures to ensure that the return of smuggled migrants occurs in an orderly 
manner and with due regard for the safety and dignity of the persons involved36.
36
Mandatory, Smuggling of Migrants Protocol Article 13
Mandatory, Smuggling of Migrants Protocol Article 18, paragraph 1
Mandatory, Smuggling of Migrants Protocol Article 18, paragraph 3
Mandatory, Smuggling of Migrants Protocol, article 18, paragraph 4
Mandatory, Smuggling of Migrants Protocol, article 18, paragraph 4
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3. 
Every effort should be made to limit the use of force in tlie return and/ or removal 
process. The only forms of restraint which are acceptable are those constituting 
responses that are strictly proportional to the actual or reasonably anticipated 
resistance of the particular returnee with a view to controlling him or her.
Article 36. Protection of existing arrangement. Nothing in this Chapter prejudices:
1. 
Any rights or remedies afforded or available to persons who have been the object 
of any offense related to smuggling of migrants under any other law;
2. 
Any obligations entered into under any applicable treaty, bilateral or multilateral, 
or any other applicable operational agreement that governs, in whole or in part, 
the return of persons who have been the object of smuggling of migrants.
Article 37. Immunity from Suit. No action or suit, whether civil, criminal or administrative, 
shall be brought in any court or tribunal, or before any authority against any immigration 
officer, law enforcement officer, prosecutor, social worker, private persons doing citizen’s 
arrest or any other person acting in compliance with the lawful order from any of the above, 
for lawful acts done or statements made in the conduct of operations done in furtherance of 
this Act or in the investigation or prosecution of crimes under this Act or in the prevention of 
acts of migrant smuggling.
Article 38. Implementing Rules and Regulations. - The Council shall promulgate the 
necessary implementing rules and regulations within sixty (60) days from the effectivity of 
this Act.
Article 39. Separability Clause. If, for any reason, any section or provision of this Act is held 
unconstitutional or invalid, the other sections or provisions hereof shall not be affected 
thereby.
Article 40. Repealing clause. All laws, presidential decrees, executive orders and rules and 
regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed 
or modified accordingly.
Article 41. 
Effectivity. This law shall take effect fifteen (15) days after its complete 
publication in at least two (2) newspapers of general circulation.
Adopted,
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