Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

FIFTEENTH CONGRESS
First Regular Session

c* 4694
HOUSE BILL NO.___~

Introduced by: REP. MEL SENEN S. SARMIENTO

EXPLANATORY NOTE

Every day, 3,000 Filipinos leave the country to work abroad. With a few clothes
stuffed in a bag, a little amount of money, their passport, and their dreams, our
countrymen tread an unchartered terrain. The OFWs offer their strength and skills to
foreign lands no matter how difficult the job is or how homesick they become. This
kind of sacrifice merits them the term, mga Bagong Bayani.

Some will be lucky to reach their dreams in a greener pasture. They would come
back in the country able to buy things they could only dream of if they stayed. But
others would not be so fortunate- more often than not these are the victims human
trafficking.

We've heard of OFWs being abused and maltreated by their employers abroad. The
abuse would range from holding of their compensation, to forcing them work in the
most inhumane condition, to physically abusing them. More saddening stories are
those when one Bagong Bayani is returned to our country in a box, lifeless.

The Philippines passed RA 9208, also known as the Anti-Trafficking in of Persons
Act of 2003, which instituted policies to eliminate trafficking in persons especially
women and children, It also established the necessary institutional mechanisms for
the protection and support of trafficked individuals.

Despite having an anti-Trafficking Law, the Philippines belongs in the Tier 2 Watch
list by the United States of America. This basically means that the country does not
fully comply with the minimum standards for the elimination of trafficking.

Some of this bill’s objectives include increasing effort to vigorously investigate and
prosecute government officials complicit in trafficking; expanding the coverage of
the crime to include accomplices; outstripping the privilege of confidentiality of the
offender; and refining the roles of government agencies in the crusade against
trafficking.

Page 1 of 20


It must be noted that from 2003 to 2009, 938 trafficking cases were filed. Nonetheless,
as of February 2011, only 47 people were convicted (Department of Justice Inter-
Agency Council Against Trafficking). This bill aims to strengthen the law.

The approval of this bill is therefore earnestly requested.

SJ

\
MEL SENEN S.SARMIENTO

Page 2 of 20


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4694

AN ACT AMENDING REPUBLIC ACT 9208, ENTITLED “AN ACT TO
INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS
ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY
INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF
TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS,
AND FOR OTHER PURPOSES”

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

Section 1. Title. This Act shall be known as the “Anti-Trafficking in Persons Act of
2003".

Section 2. Declaration of Policy. ~ It is hereby declared that the State values the dignity
of every human person and guarantees the respect of individual rights. In pursuit of
this policy, the State shall give highest priority to the enactment of measures and
development of programs that will promote human dignity, protect the people from
any threat of violence and exploitation, eliminate trafficking in persons, and mitigate
pressures for involuntary migration and servitude of persons, not only to support
trafficked persons but more importantly, to ensure their recovery, rehabilitation and
reintegration into the mainstream of society.

It shall be a 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, 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 3, Definition of Terms. ~ As used in this Act:
(a) Trafficking in Persons ~ refers to:

(1) Any act of recruiting, obtaining, harboring, maintaining, offering, providing,
transporting or transferring any natural person (i, the “victim”), with or
without the victim's consent or knowledge, within or across national borders,

(2) by means of intimidation or threat, use of force or other forms of coercion,
abduction, fraud, deception, debt bondage, abuse of power or of position or of
legal process, 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,


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(3) for the purpose of exploitation or profiting from exploitation - where
exploitation includes, at a minimum, the exploitation or the prostitution of
others or other forms of sexual exploitation, forced labor or services, slavery,
involuntary servitude, the removal or sale of organs, or engaging in or
assisting the illegal trafficking of drugs, violent crime, or armed activities.

Where the trafficking victim is a child, any act identified at Section 3(a)(1) for any
purpose identified at Section 3(a)(3) shalll also qualify as trafficking in persons -
whether or not the act covered by Section 3(a)(1) uses any means identified at
Section 3(a)(2), and whether or not the offender knows that the victim is a child or
has any other mens rea relating to the victim being a child. However, if this Act
defines a purpose of trafficking with reference to a means in Section 3(a)(2), the
purpose shall involve that means regardless of whether or not the victim is a child.
(Thus, for example, a person recruiting a child for forced labor trafficks that child
even without employing any means in Section 3(a)(2), yet has a purpose ultimately
to use such a means in extracting work or services from the child.)

(b) Obtaining - as used in Section 3(a), refers to getting in any form of a natural
person or a natural person’s services, whether or not by contract or for
consideration, and includes (without limitation) getting by receiving, acquiring,
buying, hiring, employing, renting, abducting, adopting, or marrying.

(©) Harboring - as used in Section 3(a), includes (without limitation) providing a place
to stay or security for, limiting the liberty of, or limiting access to, any person.

(d) Maintaining - as used in Section 3(a), includes (without limitation) making
available, or directly or indirectly managing the availability or receipt or enjoyment
of, necessities, conveniences, or other things of value, such as food, drink, clothing,
shelter, bedding, running water, money, work, or work facilities or supplies of any
kind,

(€) Abuse of power or of position - includes (without limitation) any abuse of authority
or moral ascendency.

( Child - refers to a person below eighteen (18) years of age or one who 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.

(g) Prostitution - refers to any act, transaction, scheme or design involving the use of
a person by another, for sexual intercourse or lascivious conduct in exchange for
money, profit or any other consideration being given by any person to any other
person.

(h) Forced Labor or Services, Slavery, and Involuntary Servitude - refer to the extraction
of work or services from any person by any means in Section 3(a)(2).


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(i Sexual Exploitation - refers to participation by a person in prostitution; in the
production of pornography in exchange for money, profit or any other consideration
being given by any person to any other person, or where the participation is caused
or facilitated by any means in Section 3(a)(2); or in sexual intercourse or lascivious
conduct caused or facilitated by any means in Section 3(a)(2).

() Debt Bondage ~ refers to the pledging by the debtor of his/her personal services or
labor or those of a person under his/her control as security or payment for a debt,
when the length and nature of services is not clearly defined or when the value of
the services as reasonably assessed is not applied toward the liquidation of the debt

(k) Pornography - refers to any representation, through publication, exhibition,
cinematography, indecent shows, information technology, or by whatever means, of
a person engaged in real or simulated explicit sexual activities or any representation
of the sexual parts of a person for primarily sexual purposes.

(1) Council - shall mean the Inter-Agency Council Against Trafficking created under
Section 20 of this Act.

Section 4. Acts Involving Trafficking in Persons. - It shall be unlawful for any person,
natural or juridical, to commit any of the following acts:

(a) To traffick in persons; or
(b) To traffick in persons indirectly in any of the following ways:

(1) To act for any purpose in Section 3(a)(3) by (i) directly or indirectly getting
any other person or persons, with or without knowledge of a purpose in
Section 3(a)(3), to perform any act in Section 3(a)(1), and (ii) directly or
indirectly getting any other person or persons, with or without knowledge of
a purpose in Section 3(a)(3), to perform any means in Section 3(a)(2) - where
that act and that means concern the same victim; or

(2) To cooperate in the commission of trafficking in persons, for any purpose in
Section 3(a)(3), by performing any other act without which the trafficking,
would not have been accomplished, or by directly or indirectly getting any
other person - whether or not the other person acts alone - to perform any act
without which the trafficking would not have been accomplished.

Section 5. Acts Facilitating or Attempting Trafficking in Persons. - It shall also be
unlawful for any person, natural or juridical, to commit any of the following acts,
which promote, facilitate, or attempt trafficking in persons:

(@) Accomplice Liability. - To cooperate as an accomplice in a violation of Section 4 by
any act, including but not limited to any of the following:

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(1) Leasing, subleasing, using or allowing to be used any house, building or
establishment;

(2) Producing, printing, issuing or distributing unissued, tampered or 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 requirements;

(3) Advertising, publishing, printing, broadcasting or distributing, or causing the
advertisement, publication, printing, broadcasting or distribution by any
means, including the use of information technology and the internet, of any
brochure, flyer, or any propaganda material;

(4) 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;

(5) Facilitating, assisting or helping 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;
and

(6) Confiscating, concealing, or destroying any passport, travel document, or
personal document or belonging of any trafficked person.

(b) Accessory Liability. - To act as an accessory to any violation of Section 4,

(©) Attempt Liability. ~ To attempt or to facilitate a violation of this Act in any of the
following ways:

(1) By attempting to commit an act or acts constituting a violation of Section 4, by
commencing the violation directly by one or more overt acts but without
performing all the acts of execution which should produce that violation by
reason of some cause or accident other than the offender’s own spontaneous
desistance;

(2) By getting or helping a child to travel alone to a foreign country without a
valid reason therefor and without clearance issued by the Department of
Social Welfare and Development or written permit or justification from the
child’s parent or legal guardian;

(3) By recruiting, or being any party to an agreement to have, a woman or couple
bear a child, adopt a child, or provide a child for adoption, either for
consideration or for any purpose in Section 3(0);

(4) By a doctor, hospital or clinic official or employee, nurse midwife, local civil
registrar or any other person simulating or falsely representing birth for any
purpose in Section 3(¢); or


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(5) By engaging in the act of finding children among families, hospitals, clinics,
nurseries, day-care centers, or other child-caring institutions for any purpose
in Section 3(C)

Section 6. Qualified Trafficking in Persons. - Violations of Section 4 of this Act are
considered as qualified trafficking:

(a) When the offender knows or is reckless in failing to know that the trafficked
person is a child, or when the trafficked person is a child under twelve (12) years of
age or is demented;

(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
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;

(©) When the crime is committed by a syndicate, or in large scale. Trafficking 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;

(A) When the offender is an ascendant, parent, sibling, guardian or a person who
exercises authority over the trafficked person or when the offense is committed by a
public officer or employee;

(e) When the trafficked person is recruited to engage in prostitution with any
member of the military or law enforcement agencies;

() When the offender is a member of the military or law enforcement agencies;

(g) When by reason or on occasion of the act of trafficking in persons, the offended
party dies, becomes insane, suffers mutilation or is afflicted with Human
Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome
(AIDS);

(h) When the offender commits one or more violations of Section 4 over a period of
sixty (60) or more days, whether those days are continuous or not; and

() When, in violating Section 4, the offender directs or manages the trafficking
victim in carrying out the exploitive purpose of the trafficking - whether the
offender does so directly, or indirectly through one or more other persons. For
Purposes of this paragraph, directing and managing include, without limitation,
instructing the victim or another person, and supporting a policy or pattern of
practice guiding the victim or another person

Section 7. Confidentiality. -


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(a) Atany stage of the investigation, prosecution and trial of an offense under this
Act, law enforcement officers, prosecutors, judges, court personnel and medical
practitioners, as well as parties to the case, shall recognize the right to privacy of the
trafficked person. Towards this end, law enforcement officers, prosecutors and
judges to whom the complaint has been referred may, whenever necessary to ensure
a fair and impartial proceeding, and after considering all circumstances for the best
interest of the parties, order a closed-door investigation, prosecution or trial. The
name and personal circumstances of the trafficked person, or any other information
tending to establish the identity of the trafficked person shall not be disclosed to the
public.

(b) Where the prosecution or trial of a trafficked person’s case is or was conducted
behind closed-doors, it shall be unlawful for any editor, publisher, and reporter or
columnist in case of printed materials, announcer or producer in case of television
and radio, producer and director of a film in case of the movie industry, or any
person utilizing tri-media facilities or information technology to cause publicity of
the name and personal circumstances of the trafficked person, or any other
information tending to establish the identity of the trafficked person, in association
with that case or with being victimized by or otherwise involved in trafficking in
persons - unless (i) the court in which the prosecution or trial was or is conducted,
with due consideration for the current and future welfare of the trafficked person,
issues an order allowing it, or (ii) the trafficked person knowingly and voluntarily
agrees, in a duly notarized written statement, to allow it.

Section 8. Prosecution of Cases. - Any person who has personal knowledge of the
commission of any offense under this Act, the trafficked person, the parents, spouse,
siblings, children or legal guardian may file a complaint for trafficking.

Section 9. Venue. - A criminal action arising from violation of this Act shall be filed
where the offense was committed, or where any of its elements occurred, or where
the trafficked person actually resides at the time of the commission of the offense:
Provided, That the court where the criminal action is first filed shall acquire
jurisdiction to the exclusion of other courts.

Section 10, Penalties and Sanctions. - The following penalties and sanctions are
hereby established for the offenses enumerated in this Act, with imprisonment
penalties defined, where possible, by The Revised Penal Code (R.A. 3815, as
amended):

(a) Any person who violates Section 4 shall suffer, for each such violation, the
penalty of reclusién temporal in its maximum period to reclusién perpetua and a fine of
not less than One million pesos (P1,000,000.00) but not more than Two million pesos
(P2,000,000.00) - except that, for any violation of Section 4 that is also qualified
trafficking under Section 6, the person shall suffer, for each such qualified offense,
the penalty of reclusién perpetua to life imprisonment and a fine of not less than Two
million pesos (P2,000,000,00) but not more than Five million pesos (P5,000,000.00);


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(b) Any person who violates Section 5 shall be penalized according to The Revised
Penal Code for the appropriate offense - i, that of an accomplice, accessory, or
attempt - by lowering, as necessary, the penalty prescribed in paragraph (a) of this
Section for a completed Section 4 offense - except that the fine for any Section 5
violation shalll be not less than Five hundred thousand pesos (P500,000.00) but not
more than One million pesos (P1,000,000.00);

(© Any person who violates Section 7 shall suffer, for each such violation, the
penalty of arresto mayor to prisién correccional in its minimum period and a fine of not
less than One hundred thousand pesos (P100,000.00) but not more than Three
hundred thousand pesos (P300,000.00);

(d) If the offender is a corporation, partnership, association, club, establishment or
any juridical person, the penalty shall be imposed upon the owner, president,
partner, manager, and/or any responsible officer who participated in the
commission of the crime or who shall have knowingly permitted or failed to prevent
its commission;

(e) The registration with the Securities and Exchange Commission (SEC) and license
to operate of the erring agency, corporation, association, religious group, tour or
travel agent, club or establishment, or any place of entertainment shall be cancelled
and revoked permanently. The owner, president, partner or manager thereof shall
not be allowed to operate similar establishments in a different name;

(f If the offender is a foreigner, he shall be immediately deported after serving his
sentence and be barred permanently from entering the country;

(g) Any employee or official of government agencies who shalll issue or approve the
issuance of travel exit clearances, passports, registration certificates, counseling,
certificates, marriage license, and other similar documents to persons, whether
juridical or natural, recruitment agencies, establishments or other individuals or
groups, who fail to observe the prescribed procedures and the requirement as
provided for by laws, rules and regulations, shall be held administratively liable,
without prejudice to criminal liability under this Act. The concerned government
official or employee shall, upon conviction, be dismissed from the service and be
barred permanently to hold public office. His/her retirement and other benefits shall
likewise be forfeited; and

(h) Conviction by final judgment of the adopter for any offense under this Act shall
result in the immediate rescission of the decree of adoption.

Section 11. Use of Trafficked Persons. - Any person who buys or engages the services
of a trafficked person for prostitution shall be penalized as follows, with
imprisonment penalties defined, where possible, by The Revised Penal Code:


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(a) First offense - prisién correccional in its minimum period, without possibility of
probation, and a fine of not less than Fifty thousand pesos (P50,000.00) but not more
than One hundred thousand pesos (P100,000.00); and

(b) Second and subsequent offenses - prisién correccional and a fine of not less than
One hundred thousand pesos (P100,000.00) but not more than Two hundred
thousand pesos (P200,000.00).

(0) The following subparagraphs give exceptions to paragraphs (a) and (b) of this
Section:

(1) If an offense under paragraph (a) or (b) involves sexual intercourse or
lascivious conduct with a child, the penalty shall be reclusién temporal in its
medium period to reclusién perpetua and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00); and

(2) If an offense under paragraph (a) or (b) involves carnal knowledge of, or
sexual intercourse with, a male or female trafficking victim and also involves
the use of force or intimidation, a victim deprived of reason or otherwise
unconscious, or a victim under twelve years of age, instead of the penalty
prescribed in the subparagraph above the penalty shalll be a fine of not less
than One million pesos (P1,000,000.00) but not more than Five million pesos
(P5,000,000.00) and the penalty of imprisonment prescribed by The Revised
Penal Code for rape under the circumstances of the offense (except that the
victim may be male or female), with any penalty of death replaced by a
penalty of reclusién perpetua with no possibility of parole; except that

(3) If a person violating paragraph (a) or (b) of this Section knows that the person
to provide prostitution services is or will be trafficked to provide those
services, the offender shall not be penalized under this Section but under
Section 10 the same as a person violating Section 4; and if in committing such
an offense the offender also knows a qualifying circumstance for that
trafficking, the offender shall be penalized under Section 10 for qualified
trafficking. If in violating this Section the offender also violates Section 4, the
offender shalll be penalized under Section 10 for a Section 4 trafficking
sgolason and, if applicable, for qualified trafficking instead of under this

ion.

(d) Acts Facilitating or Attempting the Use of Trafficked Persons. - It shall also be
unlawful for any person, natural or juridical, to commit any of the following acts,
which facilitate or attempt the use of trafficked persons for prostitution:

(1) Accomplice Liability. - To cooperate as an accomplice in a violation of any
paragraph (a) through (c) of this Section;

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(2) Accessory Liability. - To act as an accessory or accessory after the fact to a
violation of any paragraph (a) through (0) of this Section; or

(3) Attempt Liability. - To attempt to commit an act or acts constituting a violation
of any paragraph (a) through (c) of this Section, by commencing the violation
directly by one or more overt acts but without performing all the acts of
execution which should produce that violation by reason of some cause or
accident other than the offender's own spontaneous desistance.

A violation of this paragraph shall be punished according to The Revised Penal
Code - i,, with penalties for accomplice, accessory, and attempt liability arrived at
by lowering, as necessary, the penalties prescribed in paragraph (a), (b) or (c) of this
Section for the relevant completed violation.

(©) Deportation. - If a foreigner commits any offense described by paragraph (b) or (c)
of this Section or violates paragraph (d) of this Section as an accomplice or accessory
to, or by attempting, any such offense, he shalll be immediately deported after
serving his sentence and be barred permanently from entering the country,

Section 12. Prescriptive Period. - Trafficking cases under this Act shall prescribe in ten
(10) years: Provided, however, That trafficking cases committed by a syndicate or in a
large scale as defined under Section 6, or against a child, shall prescribe in twenty
(20) years.

‘The prescriptive period shall commence to run from the day on which the trafficked
person is delivered or released from the conditions of bondage and shall be
interrupted by the filing of the complaint or information and shall commence to run
again when such proceedings terminate without the accused being convicted or
acquitted or are unjustifiably stopped for any reason not imputable to the accused.

Section 13. Exemption from Filing Fees. - When the trafficked person institutes a
separate civil action for the recovery of civil damages, he/she shall be exempt from
the payment of filing fees.

Section 14, Confiscation and Forfeiture of the Proceeds and Instruments Derived from
Trafficking in Persons. - In addition to the penalty imposed for the violation of this
Act, the court shalll order the confiscation and forfeiture, in favor of the government,
of all the proceeds and properties derived from the commission of the crime, unless
they are the property of a third person not liable for the unlawful act; Provided,
however, That all awards for damages shall be taken from the personal and separate
properties of the offender; Provided, further, That if such properties are insufficient,
the balance shall be taken from the confiscated and forfeited properties.

When the proceeds, properties and instruments of the offense have been destroyed,
diminished in value or otherwise rendered worthless by any act or omission, directly
or indirectly, of the offender, or it has been concealed, removed, converted or
transferred to prevent the same from being found or to avoid forfeiture or

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confiscation, the offender shall be ordered to pay the amount equal to the value of
the proceeds, property or instruments of the offense.

Section 15. Trust Fund. - All fines imposed under this Act and the proceeds and
properties forfeited and confiscated pursuant to Section 14 hereof shall accrue to a
Trust Fund to be administered and managed by the Council to be used exclusively
for programs that will prevent acts of trafficking and protect, rehabilitate, reintegrate
trafficked persons into the mainstream of society. Such programs shall include, but
not limited to, the following:

(a) Provision for mandatory services set forth in Section 23 of this Act;

(b) Sponsorship of a national research program on trafficking and establishment of a
data collection system for monitoring and evaluation purposes;

(©) Provision of necessary technical and material support services to appropriate
government agencies and non-government organizations (NGOs);

(a) Sponsorship of conferences and seminars to provide venue for consensus
building amongst the public, the academe, government, NGOs and international
organizations; and

(©) Promotion of information and education campaign on trafficking.

Section 16. Programs that Address Trafficking in Persons. - The government shall
establish and implement preventive, protective and rehabilitative programs for
trafficked persons, For this purpose, the following agencies are hereby mandated to
implement the following programs;

(a) Department of Foreign Affairs (DFA) - shall make available its resources and
facilities overseas for trafficked persons 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, particularly in the formulation of policies and implementation
of relevant programs.

The DFA shall take necessary measures for the efficient implementation of the
Machine Readable Passports to protect the integrity of Philippine passports, visas
and other travel documents to reduce the incidence of trafficking through the use of
fraudulent identification documents.

It shall establish and implement a pre-marriage, on-site and pre-departure
counseling program on intermarriages.

(b) Department of Social Welfare and Development (DSWD) - shall implement
rehabilitative and protective programs for trafficked persons. It shall provide
counseling and temporary shelter to trafficked persons and develop a system for

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au.

accreditation among NGOs for purposes of establishing centers and programs for
intervention in various levels of the community.

(©) Department of Labor and Employment (DOLE) ~ shall ensure the strict
implementation and compliance with the rules and guidelines relative to the
employment of persons locally and overseas. It shalll likewise monitor, document
and report cases of trafficking in persons involving employers and labor recruiters,

(d) Department of Justice (DOJ) - shalll ensure the prosecution of persons accused of
trafficking and designate and train special prosecutors who shall handle and
prosecute cases of trafficking, It shall also establish a mechanism for free legal
assistance for trafficked persons, in coordination with the DSWD, Integrated Bar of
the Philippines (IBP) and other NGOs and volunteer groups.

(©) Philippine Commission on Women (PCW) - shalll actively participate and
coordinate in the formulation and monitoring of policies addressing the issue of
trafficking in persons in coordination with relevant government agencies. It shall
likewise advocate for the inclusion of the issue of trafficking in persons in both its
local and international advocacy for women's issues.

(f Bureau of Immigration (Bl) - shall strictly administer and enforce immigration
and alien administration laws. It shall adopt measures for the apprehension of
suspected traffickers both at the place of arrival and departure and shall ensure
compliance by the Filipino fiancés/fiancées and spouses of foreign nationals with
the guidance and counseling requirement as provided for in this Act.

(g) Philippine National Police (PNP) - shalll be the primary law enforcement agency
to undertake surveillance, investigation and arrest of individuals or persons
suspected to be engaged in trafficking. It shall closely coordinate with various law
enforcement agencies to secure concerted efforts for effective investigation and
apprehension of suspected traffickers. It shall also establish a system to receive
complaints and calls to assist trafficked persons and conduct rescue operations.

(h) Philippine Overseas Employment Administration (POEA) - shall implement an
effective pre-employment orientation seminars and pre-departure counseling,
programs to applicants for overseas employment. It shalll likewise formulate a
system of providing free legal assistance to trafficked persons.

(i) Department of the Interior and Local Government (DILG) - shall institute a
systematic information and prevention campaign and likewise maintain a databank
for the effective monitoring, documentation and prosecution of cases on trafficking
in persons.

() Local government units (LGUs) - shall monitor and document cases of trafficking
in persons in their areas of jurisdiction, effect the cancellation of licenses of
establishments which violate the provisions of this Act and ensure effective
prosecution of such cases. They shall also undertake an information campaign

B


and
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art
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against trafficking in persons through the establishment of the Migrants Advisory
and Information Network (MAIN) desks in municipalities or provinces in
coordination with DILG, Philippine Information Agency (PIA), Commission on
Filipinos Overseas (CFO), NGOs and other concerned agencies. They shall
encourage and support community based initiatives which address the trafficking in
persons,

In implementing this Act, the agencies concerned may seek and enlist the assistance
of NGOs, people's organizations (Pos), civic organizations and other volunteer
groups.

Section 17. Legal Protections to Trafficked Persons. - In addition to protections
provided elsewhere by law, including in this Act, trafficking in persons victims shall
be entitled to the following:

(a) Trafficked persons shall be recognized as victims of the act or acts of trafficking
and as such shall not be penalized for crimes directly related to the acts of trafficking
enumerated in this Act or in obedience to the order made by the trafficker in relation
thereto, In this regard, the consent of a trafficked person to the intended exploitation
set forth in this Act shall be irrelevant.

(b) The appropriate social welfare and development office, whether a DSWD or a
city or municipal social welfare and development office, shall automatically have
authority to take protective custody of any child allegedly exploited by any person
for whom a valid affidavit of arrest has been executed or valid arrest warrant has
been issued for any violation of Section 4, Section 5, or Section 11. This authority is in
addition to any other lawful authority that DSWD or any city or municipal social
welfare and development office has to take custody of a child, and is subject to that
office's lawful discretion in caring for the child’s welfare, including the discretion to
release, or to refuse to release, the child to the child’s parent or guardian, with due
consideration for the child’s best interests.

(©) Protection Orders. A protection order issued under this Act is for the purpose of
preventing attempted or actual violence, harassment, intimidation, or bribery
against any victim of a crime under Section 4, Section 5 or Section 11 (including any
victim of a criminal attempt), or facilitating the opportunity and ability of that victim
to recover from, or to pursue legal remedies for, any such crime. A protection order
issued under this Act shall be enforced by law enforcement agencies. Protection
orders that may be issued under this Act are barangay protection orders (BPOs),
temporary protection orders (TPOs), and permanent protection orders (PPOs). The
issuance of a BPO or pendency of an application for a BPO shall not preclude a
petitioner applying for, or a court from granting, a TPO or PPO. A BPO under this
Act may include only one or more of the forms of relief indicated in subparagraphs
(1)-() below. A TPO or PPO under this Act may include any one or more of the
forms of relief indicated in subparagraphs (1)-(5) below.


an
an
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(1) Ordering the respondent to abstain from directly or indirectly contacting,
communicating with, threatening, harassing or annoying an alleged
trafficking in persons victim or any other person associated with or related to
the alleged victim;

(2) Ordering the respondent to stay away, at a specified distance, from an
alleged trafficking in persons victim or any other person associated with or
related to the alleged victim, or from any specified place frequented by the
alleged victim or any other person associated with or related to the alleged
victim;

(8) Ordering the respondent to refrain from using, or to surrender to the issuing
authority for appropriate disposition, any firearm or deadly weapon, or to be
disqualified from possessing or using any firearm or deadly weapon
including, without limitation, by revocation of a license or disqualification for
obtaining a license;

(4) Ordering the respondent to provide restitution for any actual damages that
petitioner caused an alleged trafficking in persons victim, including but not
limited to lost or damaged property, lost income, and medical expenses; or

(8) Ordering any other relief as deemed necessary to protect and to provide for
the safety and well-being of an alleged trafficking in persons victim, including
(without limitation) by protecting and providing for the safety and well-being
of any other person associated with or related to the alleged victim, provided
that the alleged victim and any designated person associated with or related
to the alleged victim consent to such relief.

APO, TPO, or PPO under this Section may be obtained by any person authorized
to petition for a protective order under R.A. 9262 (with the “offended party” for
purposes of this Section being limited to an alleged trafficking in persons victim), by
the means for obtaining an order of the same kind (i.z., BPO, TPO, or PPO) under
R.A. 9262. Any alleged trafficking in persons victim, whether male or female, may be
the beneficiary of a protective order under this Section. Any violation of an order
issued pursuant to this Section shall be punished according to the penalty provided
for an analogous violation of an order issued pursuant to R.A. 9262. Nothing in any
order issued pursuant to this Section shall limit the authority of social welfare and
development offices, including (without limitation) as to the authority described in
paragraph (b) of this Section.

Section 18. Preferential Entitlement Under the Witness Protection Program. - Any
provision of Republic Act No. 6981 to the contrary notwithstanding, any trafficked
person shall be entitled to the witness protection program provided therein

Section 19. Trafficked Persons Who are Foreign Nationals. ~ Subject to the guidelines

issued by the Council, trafficked persons in the Philippines who are nationals of a
foreign country shall also be entitled to appropriate protection, assistance and

18


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services available to trafficked persons under this Act: Provided, That they shall be
permitted continued presence in the Philippines for a length of time prescribed by
the Council as necessary to effect the prosecution of offenders.

Section 20. Inter-Agency Council Against Trafficking. ~ There is hereby established an
Inter-Agency Council Against Trafficking, to be composed of the Secretary of the
Department of Justice as Chairperson and the Secretary of the Department of Social
Welfare and Development as Co-Chairperson and shall have the following as
members:

(a) Secretary, Department of Foreign Affairs;

(b) Secretary, Department of Labor and Employment;

(© Administrator, Philippine Overseas Employment Administration;

(a) Commissioner, Bureau of Immigration;

(©) Director-General, Philippine National Police;

(f) Chairperson, Philippine Commission on Women; and

(g) Three (3) representatives from NGOs, who shall be composed of one (1)
representative each from among the sectors representing women, overseas Filipino
workers (OFWs) and children, with a proven record of involvement in the
prevention and suppression of trafficking in persons. These representatives shall be
nominated by the government agency representatives of the Council, for
appointment by the President for a term of three (3) years.

‘The members of the Council may designate their permanent representatives who
shall have a rank not lower than an assistant secretary or its equivalent to meetings,
and shall receive emoluments as may be determined by the Council in accordance
with existing budget and accounting, rules and regulations.

Section 21, Functions of the Council. ~ The Council shall have the following powers
and functions:

(a) Formulate a comprehensive and integrated program to prevent and suppress the
trafficking in persons;

(b) Promulgate rules and regulations as may be necessary for the effective
implementation of this Act;

(©) Monitor and oversee the strict implementation of this Act;

(d) Coordinate the programs and projects of the various member agencies to
effectively address the issues and problems attendant to trafficking in persons;

16


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49
850
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(e) Coordinate the conduct of massive information dissemination and campaign on
the existence of the law and the various issues and problems attendant to trafficking
through the LGUs, concerned agencies, and NGOs;

(f) Direct other agencies to immediately respond to the problems brought to their
attention and report to the Council on action taken;

(g) Assist in filing of cases against individuals, agencies, institutions or
establishments that violate the provisions of this Act;

(h) Formulate a program for the reintegration of trafficked persons in cooperation
with DOLE, DSWD, Technical Education and Skills Development Authority
(TESDA), Commission on Higher Education (CHED), LGUs and NGOs;

(i) Secure from any department, bureau, office, agency, or instrumentality of the
government or from NGOs and other civic organizations such assistance as may be
needed to effectively implement this Act;

() Complement the shared government information system for migration
established under Republic Act No. 8042, otherwise known as the "Migrant Workers
and Overseas Filipinos Act of 1995" with data on cases of trafficking in persons, and
ensure that the proper agencies conduct a continuing research and study on the
patterns and scheme of trafficking in persons which shall form the basis for policy
formulation and program direction;

(k) Develop the mechanism to ensure the timely, coordinated, and effective response
to cases of trafficking in persons;

() Recommend measures to enhance cooperative efforts and mutual assistance
among foreign countries through bilateral and/or multilateral arrangements to
prevent and suppress international trafficking in persons;

(m) Coordinate with the Department of Transportation and Communications
(DOTC), Department of Trade and Industry (DT), and other NGOs in monitoring
the promotion of advertisement of trafficking in the internet;

(n) Adopt measures and policies to protect the rights and needs of trafficked persons
who are foreign nationals in the Philippines;

(0) Initiate training programs in identifying and providing the necessary
intervention or assistance to trafficked persons; and

(p) Exercise all the powers and perform such other functions necessary to attain the
purposes and objectives of this Act.

Section 22, Secretariat to the Council; Office of the Inter-Agency Council Against
Trafficking; Office Appropriations, =


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57.

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(a) Secretariat. - The Department of Justice shall establish the necessary Secretariat
for the Council,

(6) Office of the Inter-Agency Council Against Trafficking. ~ There is also hereby
established the Office of the Inter-Agency Council Against Trafficking as an attached
agency to the Department of Justice (DOJ). The Office shall provide ongoing support
for the functions and projects of the Council. The Office shall be headed by an
executive director, which shall be the Council Secretary or another person appointed
by the Council

(©) Appropriations. - The amount necessary to carry out the functions of the Office of
the Inter-Agency Council Against Trafficking shall be included in the General
Appropriations Act of the year following enactment of this Act into Jaw and
thereafter.

Section 23. Mandatory Services to Trafficked Persons. ~ To ensure recovery,
rehabilitation and reintegration into the mainstream of society, concerned
government agencies shall make available the following services to trafficked
persons:

(a) Emergency shelter or appropriate housing;

(b) Counseling;

(© Free legal services which shall include information about the victims’ rights and
the procedure for filing complaints, claiming compensation and such other legal
remedies available to them, in a language understood by the trafficked person;

(d) Medical or psychological services;

(© Livelihood and skills training; and

(£) Educational assistance to a trafficked child.

Sustained supervision and follow through mechanism that will track the progress of
recovery, rehabilitation and reintegration of the trafficked persons shall be adopted
and carried out.

Section 24. Other Services for Trafficked Persons. -

(a) Legal Assistance. ~ Trafficked persons shall be considered under the category

"Overseas Filipino in Distress" and may avail of the legal assistance created by
Republic Act No. 8042, subject to the guidelines as provided by law.

(b) Overseas Filipino Resource Centers. - The services available to overseas Filipinos as
provided for by Republic Act No. 8042 shalll also be extended to trafficked persons
regardless of their immigration status in the host country.

18


50a
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598
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ell

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621

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623
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(©) The Country Team Approach. - The country team approach under Executive Order
No. 74 of 1993, shall be the operational scheme under which Philippine embassies
abroad shall provide protection to trafficked persons insofar as the promotion of
their welfare, dignity and fundamental rights are concerned.

Section 25. Repatriation of Trafficked Persons. - The DFA, in coordination with DOLE
and other appropriate agencies, shall have the primary responsibility for the
repatriation of trafficked persons, regardless of whether they are documented or
undocumented.

If, however, the repatriation of the trafficked persons shall expose the victims to
greater risks, the DFA shall make representation with the host government for the
extension of appropriate residency permits and protection, as may be legally
permissible in the host country.

Section 26, Extradition. - The DOJ, in consultation with DFA, shall endeavor to
include offenses of trafficking in persons among extraditable offenses.

Section 27. Reporting Requirements. - The Council shall submit to the President of the
Philippines and to Congress an annual report of the policies, programs and activities
relative to the implementation of this Act.

Section 28, Funding. - The heads of the departments and agencies concerned shall
immediately include in their programs and issue such rules and regulations to
implement the provisions of this Act, the funding of which shall be included in the
annual General Appropriations Act.

Section 29. Implementing Rules and Regulations. ~ The Council shall promulgate the
necessary implementing rules and regulations within sixty (60) days from the
effectivity of this Act.

Section 30. Non-restriction of Freedom of Speech and of Association, Religion and the Right
to Travel. - Nothing in this Act shall be interpreted as a restriction of the freedom of
speech and of association, religion and the right to travel for purposes not contrary
to law as guaranteed by the Constitution.

Section 31, 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.

Section 32. 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: Provided, That this Act shall not in any
way amend or repeal the provision of Republic Act No. 7610, otherwise known as
the "Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act".


631
632

634

Section 33. Effectivity. - This Act shall take effect fifteen (15) days from the date of its
complete publication in at least two (2) newspapers of general circulation.

Approved,