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Is RECEIVED =)
Republic of the Philippines = DATE:SAN 04 2
HOUSE OF REPRESENTATIVES ie) TIME: _218 pm é
Queson City <, BY: ect
EIGHTEENTH ESS Ke By)
CONGRI Sine

Second Regular Session

HOUSE BILL No. 8295

Introduced by HON, LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT STRENGTHENING REPUBLIC ACT NO. 9208, AS AMENDED BY
REPUBLIC ACT NO. 10364, 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"

This bill aims to strengthen the Anti-Trafficking in Persons Act by taking advantage of
available technology In tracking, Interception and surveillance of persons charged or
suspected of trafficking persons,

The United Nations International Children's Fund (UNICEF) estimated that there are
around 60,000 to 100,000 victims of child trafficking in the Philippines. The increase
in the number of trafficked persons appears to have a correlation with increased
access to internet.

This bill aims to use technology to the law's advantage instead of allowing it to
perpetrate crime. It also seeks to give obligation to internet service providers and
tourism-oriented establishments to notify law enforcement agencies within 7 days of
any form of child trafficking, child pornography, or any form of sexual exploitation of
children committed under their facilities.

The proposal also aims to upgrade organization of the Inter-Agency Council Against
Trafficking by including the secretaries of the Department of Health, Department of
Information and Communications Technology, Department of Transportation,
Administrator of the Overseas Workers Welfare Administration and Director of the
National Bureau of Investigation as members to ensure more coordinated efforts of
the government in its battle against human trafficking

In view of the foregoing, the approval of this bill is most earnestly sought.

al

LUIS RAYMU: AY” F. VI FUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No. 8295

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT STRENGTHENING REPUBLIC ACT NO. 9208, AS AMENDED BY
REPUBLIC ACT NO. 10364, 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 House of Representatives of the Philippines in
Congress assembied:

Section 1. Section 8 of Republic Act No. 9208, as amended, is hereby amended to
read as follows —

“Sec. 8. INVESTIGATION Initiation and Prosecution of Cases. —

(a) Initiation of Investigation. - Law enforcement agencies are mandated to
immediately initiate investigation and counter-trafficking intelligence gathering
upon receipt of statements or affidavit from victims of trafficking, migrant workers,
or their families who are in possession of knowledge or information about
trafficking in persons cases.

"(B) SURVEILLANCE, INTERCEPTION AND RECORDING OF
COMMUNICATIONS. - IN CASES INVOLVING CHILD TRAFFICKING, AND
NOTWITHSTANDING THE PROVISIONS OF REPUBLIC ACT NO. 4200
(ANTI-WIRE TAPPING LAW), ALAW ENFORCEMENT OFFICER MAY, UPON
A WRITTEN ORDER FROM THE COURT, TRACK DOWN, INTERCEPT AND
RECORD, WITH THE USE OF ANY MODE, FORM, KIND OR TYPE OF
ELECTRONIC OR OTHER SURVEILLANCE EQUIPMENT OR
INTERCEPTING AND TRACKING DEVICES, OR WITH THE USE OF ANY
OTHER SUITABLE WAYS AND MEANS FOR THAT PURPOSE, ANY
COMMUNICATIONS, CONVERSATIONS, DISCUSSIONS, DATA,
INFORMATION, OR MESSAGES, SPOKEN OR WRITTEN INVOLVING AT


LEAST ONE PERSON CHARGED WITH OR SUSPECTED OF TRAFFICKING
IN PERSONS.

|. FORMAL APPLICATION FOR JUDICIAL AUTHORIZATION. - THE CHIEF
OF THE PHILIPPINE NATIONAL POLICE OR THE DIRECTOR OF THE
NATIONAL BUREAU OF INVESTIGATION OR ANY OF THEIR DULY
AUTHORIZED REPRESENTATIVES, WHO HAS BEEN DULY AUTHORIZED
BY THE DEPARTMENT OF JUSTICE IN WRITING, MAY SUBMIT EX PARTE
APPLICATIONS FOR THE ISSUANCE OF WRITTEN ORDERS FROM THE
REGIONAL TRIAL COURT, TO TRACK DOWN, INTERCEPT AND RECORD,
ANY COMMUNICATIONS, CONVERSATIONS, DISCUSSIONS, DATA,
INFORMATION, OR MESSAGES, SPOKEN OR WRITTEN, UPON
EXAMINATION UNDER OATH OF THE APPLICANT AND THE WITNESSES
HE MAY PRODUCE TO ESTABLISH THAT THERE IS PROBABLE CAUSE
TO BELIEVE BASED ON PERSONAL KNOWLEDGE OF FACTS OR
CIRCUMSTANCES THAT: (A) THE CRIME OF TRAFFICKING HAS BEEN
COMMITTED, OR IS BEING COMMITTED, OR IS ABOUT TO BE
COMMITTED; (B) EVIDENCE, WHICH IS ESSENTIAL TO THE CONVICTION
OF ANY CHARGED OR SUSPECTED PERSON FOR, OR TO THE SOLUTION
OR PREVENTION OF, ANY SUCH CRIMES, WILL BE OBTAINED; AND, (C)
THAT THERE IS NO OTHER EFFECTIVE MEANS READILY AVAILABLE FOR
ACQUIRING SUCH EVIDENCE,

I, CLASSIFICATION AND CONTENT OF THE ORDER OF THE COURT. -THE
ORIGINAL APPLICATION FOR AUTHORITY TO TRACK DOWN, INTERCEPT
AND RECORD, INCLUDING HIS APPLICATION TO EXTEND OR RENEW, IF
ANY, THE WRITTEN ORDER GRANTED BY THE COURT, AND ANY SUCH
ORDER TO EXTEND OR RENEW THE SAME SHALL BE DEEMED, AND ARE
HEREBY DECLARED, AS CLASSIFIED INFORMATION: PROVIDED, THAT
THE PERSON BEING SURVEILLED OR WHOSE COMMUNICATIONS,
LETTERS, PAPERS, MESSAGES, CONVERSATIONS, DISCUSSIONS,
SPOKEN OR WRITTEN WORDS AND EFFECTS HAVE BEEN MONITORED,
LISTENED TO, BUGGED OR RECORDED BY LAW ENFORCEMENT
AUTHORITIES HAS THE RIGHT TO BE INFORMED OF THE ACTS DONE BY
THE LAW ENFORCEMENT AUTHORITIES IN THE PREMISES OR TO
CHALLENGE, IF HE OR SHE INTENDS TO DO SO, THE LEGALITY OF THE
INTERFERENCE BEFORE THE COURT WHICH ISSUED THE WRITTEN
ORDER.

THE WRITTEN ORDER OF THE COURT AUTHORIZING THE TRACK DOWN,
INTERCEPTION AND RECORDING, SHALL SPECIFY THE FOLLOWING: (A)
THE IDENTITY, SUCH AS NAME AND ADDRESS, IF KNOWN, OF THE
CHARGED OR SUSPECTED PERSON WHOSE COMMUNICATIONS,
MESSAGES, CONVERSATIONS, DISCUSSIONS, OR SPOKEN OR WRITTEN
WORDS ARE TO BE TRACKED DOWN, TAPPED, LISTENED TO,
INTERCEPTED, AND RECORDED AND, IN THE CASE OF RADIO,
ELECTRONIC, OR TELEPHONIC (WHETHER WIRELESS OR OTHERWISE)
COMMUNICATIONS, MESSAGES, CONVERSATIONS, DISCUSSIONS, OR
SPOKEN OR WRITTEN WORDS, THE ELECTRONIC TRANSMISSION
SYSTEMS OR THE TELEPHONE NUMBERS TO BE TRACKED DOWN,


TAPPED, LISTENED TO, INTERCEPTED, AND RECORDED AND THEIR
LOCATIONS, OR IF THE PERSON SUSPECTED OF THE CRIME IS NOT
FULLY KNOWN, SUCH PERSON SHALL BE SUBJECT TO CONTINUOUS
SURVEILLANCE PROVIDED THERE IS A REASONABLE GROUND TO DO
SO; (B) THE IDENTITY (NAME, ADDRESS, AND THE POLICE OR LAW
ENFORCEMENT ORGANIZATION) OF THE POLICE OR OF THE LAW
ENFORCEMENT OFFICIAL, INCLUDING THE INDIVIDUAL IDENTITY
(NAMES, ADDRESSES, AND THE POLICE OR LAW ENFORCEMENT
ORGANIZATION) OF THE MEMBERS OF HIS TEAM, JUDICIALLY
AUTHORIZED TO TRACK DOWN, TAP, LISTEN TO, INTERCEPT, AND
RECORD THE COMMUNICATIONS, MESSAGES, CONVERSATIONS,
DISCUSSIONS, OR SPOKEN OR WRITTEN WORDS; (C) THE OFFENSE OR
OFFENSES COMMITTED, OR BEING COMMITTED, OR SOUGHT TO BE
PREVENTED; AND, (D) THE LENGTH OF TIME WITHIN WHICH THE
AUTHORIZATION SHALL BE USED OR CARRIED OUT.

lll. EFFECTIVE PERIOD OF JUDICIAL AUTHORIZATION. - ANY
AUTHORIZATION GRANTED BY THE COURT PURSUANT TO THIS
SECTION SHALL ONLY BE EFFECTIVE FOR THE LENGTH OF TIME
SPECIFIED IN THE WRITTEN ORDER OF THE COURT, WHICH SHALL NOT
EXCEED A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF RECEIPT
BY THE APPLICANT POLICE OR LAW ENFORCEMENT OFFICIAL OF THE
WRITTEN ORDER.

THE COURT MAY EXTEND OR RENEW THE SAID AUTHORIZATION FOR
ANOTHER NON-EXTENDIBLE PERIOD, WHICH SHALL NOT EXCEED
THIRTY (30) DAYS FROM THE EXPIRATION OF THE ORIGINAL PERIOD:
PROVIDED, THAT THE COURT IS SATISFIED THAT SUCH EXTENSION OR
RENEWAL IS IN THE PUBLIC INTEREST: AND PROVIDED, FURTHER,
THAT THE EX PARTE APPLICATION FOR EXTENSION OR RENEWAL,
WHICH MUST BE FILED BY THE ORIGINAL APPLICANT, HAS BEEN DULY
AUTHORIZED IN WRITING BY THE DEPARTMENT OF JUSTICE.

IN CASE OF DEATH OF THE ORIGINAL APPLICANT, OR IN CASE HE IS
PHYSICALLY DISABLED TO FILE THE APPLICATION FOR EXTENSION OR
RENEWAL, THE ONE NEXT IN RANK TO THE ORIGINAL APPLICANT
AMONG THE MEMBERS OF THE TEAM NAMED IN THE ORIGINAL
WRITTEN ORDER OF THE COURT SHALL FILE THE APPLICATION FOR
EXTENSION OR RENEWAL: PROVIDED, THE APPLICANT POLICE OR LAW
ENFORCEMENT OFFICIAL SHALL HAVE THIRTY (30) DAYS AFTER THE
TERMINATION OF THE PERIOD GRANTED BY THE REGIONAL TRIAL
COURT AS PROVIDED IN THE PRECEDING PARAGRAPHS WITHIN WHICH
TO FILE THE APPROPRIATE CASE BEFORE THE PUBLIC PROSECUTOR'S
OFFICE FOR ANY VIOLATION OF THIS ACT.

IF NO CASE IS FILED WITHIN THE THIRTY (30)-DAY PERIOD, THE
APPLICANT POLICE OR LAW ENFORCEMENT OFFICIAL SHALL, WITHIN
THIRTY (30) DAYS FROM THE EXPIRATION OF THE SAID THIRTY (30)-DAY
PERIOD, NOTIFY THE PERSON SUBJECT OF THE SURVEILLANCE THAT
HE OR SHE WAS THE SUBJECT OF SURVEILLANCE, INTERCEPTION AND


RECORDING, AND THE TERMINATION THEREOF. FAILURE TO NOTIFY
THE SURVEILLED WITHIN THE REQUIRED PERIOD SHALL BE PENALIZED
UNDER SECTION 10(g) OF THIS ACT.

IV. CUSTODY OF INTERCEPTED AND RECORDED COMMUNICATIONS. -
ALL TAPES, DISCS, AND RECORDINGS MADE PURSUANT TO THIS
SECTION, INCLUDING ALL EXCERPTS AND SUMMARIES THEREOF AS
WELL AS ALL WRITTEN NOTES OR MEMORANDA MADE IN CONNECTION
THEREWITH, SHALL, WITHIN FORTY-EIGHT (48) HOURS AFTER THE
EXPIRATION OF THE PERIOD FIXED IN THE WRITTEN ORDER, OR WITHIN
FORTY-EIGHT (48) HOURS AFTER THE EXPIRATION OF ANY EXTENSION
OR RENEWAL, BE DEPOSITED WITH THE COURT GRANTING THE
AUTHORITY IN A SEALED ENVELOPE OR SEALED PACKAGE, AS THE
CASE MAY BE, AND SHALL BE ACCOMPANIED BY A JOINT AFFIDAVIT
OF THE APPLICANT POLICE OR LAW ENFORCEMENT OFFICIAL AND THE
MEMBERS OF HIS TEAM, IN CASE OF DEATH OF THE APPLICANT OR IN
CASE HE IS PHYSICALLY DISABLED TO EXECUTE THE REQUIRED
AFFIDAVIT, THE ONE NEXT IN RANK TO THE APPLICANT AMONG THE
MEMBERS OF THE TEAM NAMED IN THE WRITTEN ORDER SHALL
EXECUTE WITH THE MEMBERS OF THE TEAM THAT REQUIRED
AFFIDAVIT. IT SHALL BE UNLAWFUL FOR ANY PERSON, POLICE
OFFICER OR ANY CUSTODIAN OF THE TAPES, DISCS AND RECORDING,
AND THEIR EXCERPTS AND SUMMARIES, WRITTEN NOTES OR
MEMORANDA TO COPY IN WHATEVER FORM, TO REMOVE, DELETE,
EXPUNGE, INCINERATE, SHRED OR DESTROY IN ANY MANNER THE
ITEMS ENUMERATED ABOVE IN WHOLE OR IN PART UNDER ANY
PRETEXT WHATSOEVER.

V. CONTENTS OFJOINTAFFIDAVIT.- THE JOINT AFFIDAVIT OF THE
POLICE OR OF THE LAW ENFORCEMENT OFFICIAL AND THE INDIVIDUAL
MEMBERS OF HIS TEAM SHALL STATE: (A) THE NUMBER OF TAPES,
DISCS, AND RECORDINGS THAT HAVE BEEN MADE, AS WELL AS THE
NUMBER OF EXCERPTS AND SUMMARIES THEREOF AND THE NUMBER
OF WRITTEN NOTES AND MEMORANDA, IF ANY, MADE IN CONNECTION
THEREWITH; (B) THE DATES AND TIMES COVERED BY EACH OF SUCH
TAPES, DISCS, AND RECORDINGS; (C) THE NUMBER OF TAPES, DISCS,
AND RECORDINGS, AS WELL AS THE NUMBER OF EXCERPTS AND
SUMMARIES THEREOF AND THE NUMBER OF WRITTEN NOTES AND
MEMORANDA MADE IN CONNECTION THEREWITH THAT HAVE BEEN
INCLUDED IN THE DEPOSIT; AND (D) THE DATE OF THE ORIGINAL
WRITTEN AUTHORIZATION GRANTED BY THE DEPARTMENT OF JUSTICE
TO THE APPLICANT TO FILE THE EX PARTE APPLICATION TO CONDUCT
THE TRACKING DOWN, TAPPING, INTERCEPTING, AND RECORDING, AS
WELL AS THE DATE OF ANY EXTENSION OR RENEWAL OF THE
ORIGINAL WRITTEN AUTHORITY GRANTED BY THE COURT.

THE JOINT AFFIDAVIT SHALL ALSO CERTIFY UNDER OATH THAT NO
DUPLICATES OR COPIES OF THE WHOLE OR ANY PART OF ANY OF
SUCH TAPES, DISCS, AND RECORDINGS, AND THAT NO DUPLICATES OR
COPIES OF THE WHOLE OR ANY PART OF ANY OF SUCH EXCERPTS,


SUMMARIES, WRITTEN NOTES, AND MEMORANDA, HAVE BEEN MADE,
OR, IF MADE, THAT ALL SUCH DUPLICATES AND COPIES ARE INCLUDED
IN THE SEALED ENVELOPE OR SEALED PACKAGE, AS THE CASE MAY
BE, DEPOSITED WITH THE AUTHORIZING DIVISION OF THE COURT OF
APPEALS. IT SHALL BE UNLAWFUL FOR ANY PERSON, POLICE OR LAW
ENFORCEMENT OFFICIAL TO.

VI. DISPOSITION OF DEPOSITED MATERIAL. -THE SEALED ENVELOPE
OR SEALED PACKAGE AND THE CONTENTS THEREOF, WHICH ARE
DEPOSITED WITH THE AUTHORIZING COURT, SHALL BE DEEMED AND
ARE HEREBY DECLARED CLASSIFIED INFORMATION, AND THE SEALED
ENVELOPE OR SEALED PACKAGE SHALL NOT BE OPENED AND ITS
CONTENTS (INCLUDING THE TAPES, DISCS, AND RECORDINGS AND ALL
THE EXCERPTS AND SUMMARIES THEREOF AND THE NOTES AND
MEMORANDA MADE IN CONNECTION THEREWITH) SHALL NOT BE
DIVULGED, REVEALED, READ, REPLAYED, OR USED AS EVIDENCE
UNLESS AUTHORIZED BY WRITTEN ORDER OF THE AUTHORIZING
COURT. FOR THIS PURPOSE, THE DEPARTMENT OF JUSTICE SHALL
FILE A WRITTEN APPLICATION TO OPEN THE SEALED ENVELOPE OR
SEALED PACKAGE BEFORE THE AUTHORIZING COURT, WITH PROPER
WRITTEN NOTICE TO THE PERSON WHOSE CONVERSATION,
COMMUNICATION, MESSAGE DISCUSSION OR SPOKEN OR WRITTEN
WORDS HAVE BEEN THE SUBJECT OF SURVEILLANCE, MONITORING,
RECORDING AND INTERCEPTION, TO OPEN, REVEAL, DIVULGE, AND
USE THE CONTENTS OF THE SEALED ENVELOPE OR SEALED PACKAGE
AS EVIDENCE.

THE WRITTEN APPLICATION WITH NOTICE TO THE PARTY CONCERNED
TO OPEN THE DEPOSITED SEALED ENVELOPE OR SEALED PACKAGE
SHALL CLEARLY STATE THE PURPOSE OR REASON: (A) FOR OPENING
THE SEALED ENVELOPE OR SEALED PACKAGE; (B) FOR REVEALING OR
DISCLOSING ITS CLASSIFIED CONTENTS; (C) FOR REPLAYING,
DIVULGING, AND OR READING ANY OF THE LISTENED TO,
INTERCEPTED, AND RECORDED COMMUNICATIONS, MESSAGES,
CONVERSATIONS, DISCUSSIONS, OR SPOKEN OR WRITTEN WORDS
(INCLUDING ANY OF THE EXCERPTS AND SUMMARIES THEREOF AND
ANY OF THE NOTES OR MEMORANDA MADE IN CONNECTION
THEREWITH); AND, (D) FOR USING ANY OF SAID LISTENED TO,
INTERCEPTED, AND RECORDED COMMUNICATIONS, MESSAGES,
CONVERSATIONS, DISCUSSIONS, OR SPOKEN OR WRITTEN WORDS
(INCLUDING ANY OF THE EXCERPTS AND SUMMARIES THEREOF AND
ANY OF THE NOTES OR MEMORANDA MADE IN CONNECTION
THEREWITH) AS EVIDENCE.

Vil. EVIDENTIARY VALUE OFDEPOSITED MATERIALS. - ANY LISTENED
TO, INTERCEPTED, AND RECORDED COMMUNICATIONS, MESSAGES,
CONVERSATIONS, DISCUSSIONS, OR SPOKEN OR WRITTEN WORDS, OR
ANY PART OR PARTS THEREOF, OR ANY INFORMATION OR
FACTCONTAINED THEREIN, INCLUDING THEIR EXISTENCE, CONTENT,
SUBSTANCE, PURPORT, EFFECT, OR MEANING, WHICH HAVE BEEN


SECURED IN VIOLATION OF THE PERTINENT PROVISIONS OF THIS ACT,
SHALL ABSOLUTELY NOT BE ADMISSIBLE AND USABLE AS EVIDENCE
AGAINST ANYBODY IN ANY JUDICIAL, QUASI-JUDICIAL, LEGISLATIVE,
OR ADMINISTRATIVE INVESTIGATION, INQUIRY, PROCEEDING, OR
HEARING.

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

“(D) PLEA BARGAINING. - THE ACCUSED, WITH THE CONSENT OF THE
OFFENDED PARTY AND THE PROSECUTOR, MAY BE ALLOWED BY THE
TRIAL COURT TO PLEAD GUILTY TO A LESSER OFFENSE WHICH IS
NECESSARILY INCLUDED IN THE OFFENSE CHARGED.

"(e) Affidavit of Desistance. - Cases involving trafficking in persons should not be
dismissed based on the affidavit of desistance executed by the victims or their
parents or legal guardians. Public and private prosecutors are directed to oppose
and manifest objections to motions for dismissal.

“Any act involving the means provided in this Act or any attempt thereof for the
purpose of securing an Affidavit of Desistance from the complainant shall be
punishable under this Act.”

SECTION 8-A. DUTIES OF AN INTERNET SERVICE PROVIDER (ISP). - ALL
INTERNET SERVICE PROVIDERS (ISPS) SHALL NOTIFY THE PHILIPPINE
NATIONAL POLICE (PNP) OR THE NATIONAL BUREAU OF
INVESTIGATION (NBI) WITHIN SEVEN (7) DAYS FROM OBTAINING FACTS
AND CIRCUMSTANCES THAT ANY FORM OF CHILD TRAFFICKING, CHILD
PORNOGRAPHY, OR ANY FORM SEXUAL EXPLOITATION OF CHILDREN
IS BEING COMMITTED USING ITS SERVER OR FACILITY. NOTHING IN
THIS SECTION MAY BE CONSTRUED TO REQUIRE AN ISP TO ENGAGE IN
THE MONITORING OF ANY USER, SUBSCRIBER OR CUSTOMER, OR THE
CONTENT OF ANY COMMUNICATION OF ANY SUCH PERSON: PROVIDED,
THAT NO ISP SHALL BE HELD CIVILLY LIABLE FOR DAMAGES ON
ACCOUNT OF ANY NOTICE GIVEN IN GOOD FAITH IN COMPLIANCE WITH
THIS SECTION.

FURTHERMORE, AN ISP SHALL PRESERVE SUCH EVIDENCE FOR
PURPOSE OF INVESTIGATION AND PROSECUTION BY RELEVANT
AUTHORITIES.

AN ISP SHALL, UPON THE REQUEST OF PROPER AUTHORITIES,
FURNISH THE PARTICULARS OF USERS WHO GAINED OR ATTEMPTED
TO GAIN ACCESS TO AN INTERNET ADDRESS WHICH CONTAINS ANY
FORM OF CHILD TRAFFICKING, CHILD PORNOGRAPHY OR ANY FORM
OF SEXUAL EXPLOITATION OF CHILDREN.


ALL ISPS SHALL INSTALL AVAILABLE TECHNOLOGY, PROGRAM OR
SOFTWARE TO ENSURE THAT ACCESS TO OR TRANSMITTAL OF ANY
FORM OF CHILD PORNOGRAPHY WILL BE BLOCKED OR FILTERED.

AN ISP WHO SHALL KNOWINGLY, WILLFULLY AND INTENTIONALLY
VIOLATE THIS PROVISION SHALL BE SUBJECT TO THE PENALTY
PROVIDED UNDER SECTION 10(H) OF THIS ACT.

THE DEPARTMENT OF JUSTICE (DOJ), WITH THE NATIONAL
TELECOMMUNICATIONS COMMISSION (NTC), AND SUCH OTHER
RELEVANT GOVERNMENT AGENCIES, SHALL PROMULGATE WITHIN
NINETY (90) DAYS FROM THE EFFECTIVITY OF THIS ACT THE
NECESSARY RULES AND REGULATIONS FOR THE IMPLEMENTATION OF
THIS PROVISION WHICH SHALL INCLUDE, AMONG OTHERS, THE
INSTALLATION OF FILTERING SOFTWARE THAT WILL BLOCK ACCESS
TO OR TRANSMISSION OF ANY FORM OF CHILD TRAFFICKING, CHILD
PORNOGRAPHY, OR SEXUAL EXPLOITATION OF CHILDREN.

SECTION 8-8. RESPONSIBILITY OF — TOURISM-ORIENTED
ESTABLISHMENTS INCLUDING HOTELS, RESORTS, INNS, MOTELS, AND
OTHER RELATED FACILITIES AND SERVICES. - ALL TOURISM-ORIENTED
ESTABLISHMENTS INCLUDING HOTELS, RESORTS, INNS, MOTELS, AND
OTHER RELATED FACILITIES AND SERVICES SHALL NOTIFY THE PNP
OR THE NBI WITHIN SEVEN (7) DAYS FROM OBTAINING FACTS AND
CIRCUMSTANCES THAT CHILD TRAFFICKING, CHILD PORNOGRAPHY,
OR SEXUAL EXPLOITATION OF CHILDREN IS BEING COMMITTED IN
THEIR PREMISES. PROVIDED, THAT PUBLIC DISPLAY OF ANY FORM OF
CHILD PORNOGRAPHY WITHIN THEIR PREMISES IS A CONCLUSIVE
PRESUMPTION OF THE KNOWLEDGE OF THE OWNERS/OPERATORS
AND OWNERS OR LESSORS OF BUSINESS ESTABLISHMENTS OF THE
VIOLATION OF THIS ACT: PROVIDED, FURTHER, THAT A DISPUTABLE
PRESUMPTION OF KNOWLEDGE BY OWNERS/OPERATORS AND
OWNERS OR LESSORS OF BUSINESS ESTABLISHMENTS SHOULD
KNOW OR REASONABLY KNOW THAT A VIOLATION OF THIS ACT IS
BEING COMMITTED IN THEIR PREMISES.

ALL TOURISM-ORIENTED ESTABLISHMENTS REFERRED TO IN THE
PRECEDING PARAGRAPH SHALL POST A NOTICE WITH THE CONTACT
DETAILS OF HUMAN TRAFFICKING HOTLINES, BOTH NATIONAL AND
LOCAL, IN A CONSPICUOUS PLACE NEAR THE PUBLIC ENTRANCE OF
THE ESTABLISHMENT OR IN ANOTHER CONSPICUOUS LOCATION IN
CLEAR VIEW OF THE PUBLIC AND EMPLOYEES WHERE SIMILAR
NOTICES ARE CUSTOMARILY POSTED.

FOR THIS PURPOSE, THE INTER-AGENCY COUNCIL AGAINST
TRAFFICKING (IACAT) SHALL DEVELOP A MODEL NOTICE THAT
COMPLIES WITH THE REQUIREMENTS OF THIS SECTION AND MAKE THE
MODEL NOTICE AVAILABLE FOR DOWNLOAD ON ITS INTERNET WEB
SITE.



FURTHER, ALL TOURISM-ORIENTED ESTABLISHMENTS REFERRED TO
IN THE FIRST PARAGRAPH OF THIS SECTION SHALL TRAIN ITS
EMPLOYEES WHO ARE LIKELY TO INTERACT OR COME INTO CONTACT
WITH VICTIMS OF HUMAN TRAFFICKING IN RECOGNIZING THE SIGNS OF
HUMAN TRAFFICKING AND HOW TO REPORT THOSE SIGNS TO THE
APPROPRIATE LAW ENFORCEMENT AGENCY. THE IACAT SHALL
DEVELOP A TRAINING CURRICULUM OR PROGRAM AND MAKE THE
SAME AVAILABLE FOR DOWNLOAD ON ITS INTERNET WEB SITE.

THE IACAT, WITH THE DEPARTMENT OF TOURISM AND SUCH OTHER
RELEVANT GOVERNMENT AGENCIES, SHALL PROMULGATE WITHIN
NINETY (90) DAYS FROM THE EFFECTIVITY OF THIS ACT THE
NECESSARY RULES AND REGULATIONS FOR THE IMPLEMENTATION OF
THIS PROVISION, ANY WILLFUL AND INTENTIONAL VIOLATION OF THIS
PROVISION SHALL BE SUBJECT TO THE PENALTY PROVIDED UNDER
SECTION 10(i) OF THIS ACT,

Sec. 2. Section 10 of Republic Act No. 9208, as amended, is hereby amended 26 to
read as follows —

"Seo, 10. Penalties and Sanctions. - The following penalties and sanctions are
hereby established for the offenses enumerated in this Act:

"(a) Any person found guilty of committing any of the acts enumerated in Section
4 shall suffer the penalty of imprisonment of twenty (20) years and a fine of not
less than One million pesos (PI,000,000,00) but not more than Two million pesos
(P2,000,000.00);

"(b) Any person found guilty of committing any of the acts enumerated in Section
4-A of this Act shall suffer the penalty of imprisonment of fifteen (15) years and
a fine of not less than Five hundred thousand pesos (500,000.00) but not more
than One million pesos (PI,000/000.00);

"(c) Any person found guilty of Section 4-B of this Act shall suffer the penalty of
imprisonment of fifteen (15) years and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than One million pesos
(P/000,000.00); "In every case, conviction shall cause and carry the automatic
revocation of the license or registration of the recruitment agency involved in
trafficking. The license of a recruitment agency which trafficked a child shall be
automatically revoked.

“(d) Any person found, guilty of committing any of the acts enumerated in Section
5 shall suffer the penalty of imprisonment of fifteen (15) years 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);

"(e) Any person found guilty of qualified trafficking under Section 6 shall suffer
the penalty of 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);


“(f) Any person who violates Section 7 hereof shall suffer the penalty of
imprisonment of six (6) years 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);

"(G) ANY APPLICANT POLICE OR LAW ENFORCEMENT OFFICIAL AND
THE MEMBERS OF HIS TEAM AUTHORIZED TRACK DOWN, INTERCEPT
AND RECORD, ANY COMMUNICATIONS, CONVERSATIONS,
DISCUSSIONS, DATA, INFORMATION, OR MESSAGES, SPOKEN OR
WRITTEN, UNDER SECTION 8 HEREOF SHALL BE PENALIZED FOR THE
PROHIBITED ACTS THEREIN:

|, THE PENALTY OF TEN (10) YEARS AND ONE (1) DAY TO TWELVE (12)
YEARS OF IMPRISONMENT SHALL BE IMPOSED UPON THE APPLICANT
POLICE OR LAW ENFORCEMENT OFFICIAL WHO FAILS TO NOTIFY THE
PERSON SUBJECT OF THE SURVEILLANCE, MONITORING,
INTERCEPTION AND RECORDING UNDER SUB-SECTION III THEREOF;

Il, THE PENALTY OF NOT LESS THAN SIX (6) YEARS AND ONE (1) DAY TO
TWELVE (12) YEARS OF IMPRISONMENT SHALL BE IMPOSED ANY
PERSON WHO COPIES IN WHATEVER FORM, REMOVES, DELETES,
EXPUNGES, INCINERATES, SHREDS OR DESTROYS THE TAPES, DISCS
AND RECORDING, AND THEIR EXCERPTS AND SUMMARIES, WRITTEN
NOTES OR MEMORANDA MADE IN CONNECTION WITH THE AUTHORIZED
INTERCEPTION AND RECORDING UNDER SUBSECTION IV THEREOF;

ll THE PENALTY OF NOT LESS THAN TEN (10) YEARS AND ONE (1) DAY
TO TWELVE (12) YEARS OF IMPRISONMENT SHALL BE IMPOSED ON ANY
PERSON, POLICE OR LAW ENFORCEMENT OFFICER WHO OMIT OR
EXCLUDE FROM THE JOINT AFFIDAVIT ANY ITEM OR PORTION THEREOF
MENTIONED IN SUB-SECTION V THEREOF;

IV. THE PENALTY OF SIX (6) YEARS AND ONE (1) DAY TO EIGHT (8)
YEARS OF IMPRISONMENT SHALL BE IMPOSED ON ANY PERSON WHO.
VIOLATES HIS OR HER DUTY TO NOTIFY IN WRITING THE PERSONS
SUBJECT OF THE SURVEILLANCE UNDER SUB-SECTION VI THEREOF;

V. THE PENALTY OF TEN (10) YEARS AND ONE (1) DAY TO TWELVE (12)
YEARS OF IMPRISONMENT SHALL BE IMPOSED ON ANY POLICE OR LAW
ENFORCEMENT OFFICIAL WHO, WITHOUT AUTHORITY FROM THE
COURT TRACKS DOWN, TAPS, LISTENS TO, INTERCEPTS, AND
RECORDS IN WHATEVER MANNER OR FORM ANY COMMUNICATION,
MESSAGE, CONVERSATION, DISCUSSION, OR SPOKEN OR WRITTEN
WORD OF A PERSON CHARGED WITH OR SUSPECTED OF CHILD
TRAFFICKING UNDER THIS ACT;

Vi. IN ADDITION TO THE LIABILITY OF THE OFFENDER FOR THE
COMMISSION OF ANY OTHER OFFENSE, THE PENALTY OF TEN (10)
YEARS AND ONE (1) DAY TO TWELVE (12) YEARS OF IMPRISONMENT
AND THE ACCESSORY PENALTY OF PERPETUAL ABSOLUTE
DISQUALIFICATION FROM PUBLIC OFFICE SHALL BE IMPOSED UPON


ANY POLICE OR LAW ENFORCEMENT PERSONNEL WHO MALICIOUSLY
OBTAINED AN AUTHORITY TO TRACK DOWN, TAP, LISTEN TO,
INTERCEPT, AND RECORD IN WHATEVER MANNER OR FORM ANY
COMMUNICATION, MESSAGE, CONVERSATION, DISCUSSION, OR
SPOKEN OR WRITTEN WORDS OF A PERSON CHARGED WITH OR
SUSPECTED OF CHILD TRAFFICKING UNDER THIS ACT; FURTHER, THE
PARTY AGGRIEVED BY SUCH AUTHORIZATION SHALL BE ALLOWED
ACCESS TO THE SEALED ENVELOPE OR SEALED PACKAGE AND THE
CONTENTS THEREOF AS EVIDENCE FOR THE PROSECUTION OF ANY
POLICE OR LAW ENFORCEMENT PERSONNEL WHO MALICIOUSLY
PROCURED SAID AUTHORIZATION.

“(H) ANY ISP FOUND GUILTY OF WILLFULLY AND KNOWINGLY FAILING
TO COMPLY WITH THE NOTICE AND INSTALLATION REQUIREMENTS
UNDER SECTION 8-A OF THIS ACT SHALL SUFFER THE PENALTY OF A
FINE OF NOT LESS THAN FIVE HUNDRED THOUSAND PESOS
(PHP500,000.00) BUT NOT MORE THAN ONE MILLION PESOS
{PHP1,000,000.00) FOR THE FIRST OFFENSE. IN CASE OF SUBSEQUENT
OFFENSE, THE PENALTY SHALL BE A FINE OF NOT LESS THAN ONE
MILLION PESOS (PHP1,000,000.00) BUT NOT MORE THAN TWO MILLION
PESOS (PHP2,000,000.00) AND REVOCATION OF ITS LICENSE TO
OPERATE;

“(l) ANY TOURISM-ORIENTED ESTABLISHMENTS INCLUDING HOTELS,
RESORTS, INNS, MOTELS, AND OTHER RELATED FACILITIES AND
SERVICES WHO WILLFULLY AND KNOWINGLY FAIL TO COMPLY WITH
THE NOTICE AND TRAINING REQUIREMENTS UNDER SECTION 8-B OF
THIS ACT SHALL SUFFER THE PENALTY OF A FINE OF NOT LESS THAN
FIVE HUNDRED THOUSAND PESOS (PHP500,000.00) BUT NOT MORE
THAN ONE MILLION PESOS (PHP1,000,000.00) FOR THE FIRST OFFENSE.
IN CASE OF SUBSEQUENT OFFENSE, THE PENALTY SHALL BE A FINE
OF NOT LESS THAN ONE MILLION PESOS (PHP1,000,000.00) BUT NOT
MORE THAN TWO MILLION PESOS (PHP2,000,000.00) AND REVOCATION
OF ITS LICENSE TO OPERATE AND IMMEDIATE CLOSURE OF THE
ESTABLISHMENT;

"()) IF the offender is a corporation, partnership, association, dub, establishment
or any juridical person, the penalty shail 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 falled to
prevent its commission;

"(k) 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;

"(I) If the offender is a foreigner, he or she shall be immediately deported after
serving his or her sentence and be barred permanently from entering the country;


Sec.

*(m) Any employee or official of government agencies who shall 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 fiability 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 or her
retirement and other benefits shail likewise be forfeited; and

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

3. Section 16 of Republic Act No. 9208 is hereby amended to read as follows:

"Sec. 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. It shall provide Filipino victims of
trafficking overseas with free legal assistance and counsel to pursue legal action
against his or her traffickers, represent his or her interests in any criminal
investigation or prosecution, and assist in the application for social benefits
and/or regular immigration status as may be allowed or provided for by the host
country. The DFA shall repatriate trafficked Filipinos with the consent of the
victims. (a)

“The DFA shall take necessary measures for the efficient implementation of the
Electronic Passporting System 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.

“In coordination with the Department of Labor and Employment, it shall provide
free temporary shelters and other services to Filipino victims of trafficking
overseas through the migrant workers and other overseas Filipinos resource
centers established overseas under Republic Act No. 8042, as amended. (n)

"(b) Department of Social Welfare and Development (DSWD) - shail implement
rehabilitative and protective programs for trafficked persons. It shall provide
counseling and temporary shelter to trafficked persons and develop a system for
accreditation among NGOs for purposes of establishing centers and programs
for Intervention In various levels of the community. It shall establish free


temporary shelters, for the protection and housing of trafficked persons to
provide the following basic services to trafficked persons: (a)

(1) Temporary housing and food facilities; (n)

(2) Psychological support and counseling; (n)

(3) 24-hour call center for crisis calls and technology-based counseling and
referral system; (n)

(4) Coordination with local law enforcement entities; and (n)

(5) Coordination with the Department of Justice, among others, (n) The DSWD
must conduct information campaigns in communities and schools teaching
parents and families that receiving consideration in exchange for adoption is
punishable under the law. Furthermore, information campaigns must be
conducted with the police that they must not induce poor women to give their
children up for adoption in exchange for consideration, (n)

“(c) 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 shall likewise monitor, document
and report cases of trafficking In persons involving employers and labor
recruiters.

“(d) Department of Justice (DOJ) - shall 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.

"(e) Philippine Commission on Women (PCW) - shall 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, (a)

*(f) Bureau of Immigration (BI) — 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 fiances/flancees and spouses of foreign nationals with
the guidance and counseling requirement as provided for in this Act

"(g) Philippine National Police (PNP) and National Bureau of Investigation (NBI)
- shall be the primary law enforcement agencies to undertake surveillance,
investigation and arrest of Individuals or persons suspected to be engaged In
trafficking. They shall closely coordinate with each other and with other law
enforcement agencies to secure concerted efforts for effective investigation and
apprehension of suspected traffickers. They shall also establish a system to
receive complaints and calls to assist trafficked persons and conduct rescue
operations, (a)

"(h) Philippine Overseas Employment Administration (POEA) and Overseas
Workers and Welfare Administration (OWWA) - POEA shall implement Pre-


Employment Orientation Seminars (PEOS) while Pre-Departure Orientation
Seminars (PDOS) shall be conducted by the OWWA. It shall likewise formulate
a system of providing free legal assistance to trafficked persons, in coordination
with the DFA. (a)

"The POEA shall create a blacklist of recruitment agencies, illegal recrulters and
persons facing administrative, civil and criminal complaints for trafficking filed in
the receiving country and/or in the Philippines and those agencies, illegal
recruiters and persons involved in cases of trafficking who have been rescued
by the DFA and DOLE in the receiving country or in the Philippines even if no
formal administrative, civil or criminal complaints have been filed: Provided, That
the rescued victims shall execute an affidavit attesting to the acts violative of the
anti-trafficking law. This blacklist shall be posted in conspicuous places in
concerned government agencies and shall be updated bi-monthly, (n)

"The blacklist shall likewise be posted by the POEA in the shared government
information system, which is mandated to be established under Republic Act No.
8042, as amended, (n)

“The POEA and OWWA shall accredit NGOs and other service providers to
conduct PEGS and PDOS, respectively. The PEGS and PDOS should Include
the discussion and distribution of the blacklist, (n)

"The license or registration of a recruitment agency that has been blacklisted
may be suspended by the POEA upon a review of the complaints filed against
said agency, (n)

(i) Department of the Interior and Local Government (DILG) - shalll institute a
systematic information and prevention campaign in coordination with pertinent
agencies of government as provided for In this Act. It shall provide training
programs to local government units. In coordination with the Council, In ensuring
wide understanding and application of this Act at the local level, (a)

"@) Commission on Filipinos Overseas - shall conduct pre-departure counseling
services for Filipinos in Intermarriages. It shall develop a system for accreditation
of NGGs that may be mobilized for purposes of conducting pre-departure
counseling services for Filipinos in intermarriages. As such, it shall ensure that
the counselors contemplated under this Act shall have the minimum
qualifications and training of guidance counselors as provided for by law. (n)

"It shall likewise assist in the conduct of information campaigns against trafficking
in coordination with local government units, the Philippine Information Agency,
and NGGs. (n)

"(K) DEPARTMENT OF HEALTH (DOH) - SHALL DEVELOP A
COMPREHENSIVE PROGRAM TO PREVENT THE TRAFFICKING OF
HUMAN ORGANS. IT SHALL ALSO UNDERTAKE ACTIVITIES TO
INCREASE PUBLIC AWARENESS ON ORGAN TRAFFICKING, WHICH MAY
INCLUDE, BUT NOT LIMITED TO, MEDICAL PRACTITIONER, FAMILY AND
PATIENT INFORMATION AND EDUCATION, PUBLIC EDUCATION AND


ADVOCACY CAMPAIGN; AND SHALL RENDER ASSISTANCE IN THE
INVESTIGATION AND PROSECUTION OF ORGAN TRAFFICKING. N

“(L) DEPARTMENT OF INFORMATION AND COMMUNICATIONS
TECHNOLOGY (DICT) - SHALL EXTEND IMMEDIATE ASSISTANCE FOR
THE PREVENTION OF THE COMMISSION OF CYBERCRIME OFFENSES
RELATED TO TRAFFICKING IN PERSONS, PARTICULARLY ONLINE
SEXUAL EXPLOITATION OF CHILDREN; AND ASSIST LAW
ENFORCEMENT AND PROSECUTION AGENCIES IN THE INVESTIGATION
OF TRAFFICKING IN PERSONS COMMITTED THROUGH THE USE OF
TECHNOLOGY AND SOCIAL MEDIA.

“(M) DEPARTMENT OF TRANSPORTATION (DOTR) - CONSISTENT WITH
ITS MANDATE TO PROVIDE VIABLE, EFFICIENT, FAST, SAFE AND
DEPENDABLE TRANSPORTATION, IT SHALL DEVELOP A
COMPREHENSIVE PROGRAM AND AWARENESS CAMPAIGN TO ASSIST
TRANSPORTATION SECTORS AND TRANSPORTATION PERSONNEL,
SUCH AS AIRLINE FLIGHT ATTENDANTS, AIRPORT AGENTS, TAXI AND.
BUS DRIVERS, TRUCKERS, AND TRAIN AND DELIVERY DRIVERS TO
IDENTIFY VICTIMS OF TRAFFICKING IN PERSONS AND TO REPORT
INCIDENTS OF TRAFFICKING IN PERSONS. 29 30

"(N) OVERSEAS WORKERS WELFARE ADMINISTRATION (OWWA) -
SHALL PROVIDE WELFARE PROGRAMS AND SERVICES THAT RESPOND
TO THE NEEDS OF ITS MEMBEROFWS, INCLUDING THEIR FAMILIES,
WHO HAVE BECOME VICTIMS OF TRAFFICKING IN PERSONS. THE
SERVICES TO THE OFWS SHALL INCLUDE SOCIAL ASSISTANCE,
EDUCATION AND TRAINING, CULTURAL SERVICES, FINANCIAL
MANAGEMENT, REINTEGRATION, AND ENTREPRENEURIAL
DEVELOPMENT SERVICES. IT SHALL LIKEWISE PROVIDE PROMPT AND
APPROPRIATE RESPONSE IN REPATRIATION OF OFWS WHO ARE
VICTIMS OF TRAFFICKING IN PERSONS.

"(o) 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 against trafficking in persons through the establishment of the
Migrants Advisory and Information Network (MAIN) desks in municipalities or
provinces in coordination with the 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.

Sec. 4. Section 20 of Republic Act No. 9208 is hereby amended to read as follows:


“SEC. 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;

"(c) Secretary, Department of the Interior and Local Government;

"(D) SECRETARY, DEPARTMENT OF HEALTH;

“(E) SECRETARY, DEPARTMENT OF INFORMATION AND
COMMUNICATIONS TECHNOLOGY;

“(F) SECRETARY, DEPARTMENT OF TRANSPORTATION;
“(g) Administrator, Philippine Overseas Employment Administration;

“(H) ADMINISTRATOR, OVERSEAS WORKERS. WELFARE
ADMINISTRATION;

"(j) Commissioner, Bureau of Immigration;

*(j) Chief, Philippine National Police;

"(k) Chairperson, Philippine Commission on Women;

"(W) Chairperson, Commission on Filipinos Overseas;

"(m) Executive Director, Philippine Center for Transnational Crimes;

“(N) DIRECTOR, NATIONAL BUREAU OF INVESTIGATION; AND

"(o) Three (3) representatives from NGOs, who shall include one (1)
fepresentative each from among the sectors representing women, overseas
Filipinos, 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 shail receive emoluments as may be determined by the Council
in accordance with existing budget and accounting rules and regulations.”

Sec. 5. Section 21 of Republic Act No. 9208 is hereby amended to read as follows:


“Sec. 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;

“(c) 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;

"(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, concemed 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 goverment 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;

(1) 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 INFORMATION AND
and} Communications TECHNOLOGY [(2O7G}} (DICT), Department of Trade


Se

8

and Industry (DTI), and other NGOs in monitoring the promotion of advertisement
of trafficking in the intemet;

(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.

6. Section 24 of Republic Act No. 9208 is hereby amended to read as 6 follows:
“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 shall also be extended to
trafficked persons regardless of their immigration status in the host country

(c) 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,

(D) RECOVERY AND REINTEGRATION PROGRAM FOR TRAFFICKED
PERSONS (RRPTP). - THE DSWD SHALL IMPLEMENT A RECOVERY AND
REINTEGRATION FOR TRAFFICKED PERSONS WHICH INCLUDE A
COMPREHENSIVE PACKAGE OF SERVICES FOR INDIVIDUAL VICTIM-
SURVIVOR OF TIP, THE IMMEDIATE FAMILY AND THE COMMUNITY AT
LARGE. THE RRPTP MUST INCLUDE THE FOLLOWING MAJOR PROGRAM
COMPONENT:

(1) CAPABILITY ENHANCEMENT FOR SERVICE PROVIDERS;

(2) DIRECT SERVICES TO TRAFFICKED PERSONS, WHICH SHALL COVER
COSTS FOR AUXILIARY SERVICES TO VICTIMS/WITNESSES, WHICH
INCLUDES TRANSPORTATION, BOARD AND LODGING,
DOCUMENTATION AND OTHER INCIDENTAL EXPENSES;

(3) UPGRADE OF TEMPORARY SHELTERS;
(4) IMPLEMENTATION OF THE NATIONAL REFERRAL SYSTEM AND

UPDATING AND MAINTENANCE OF THE NATIONAL RECOVERY AND
REINTEGRATION DATABASE; AND


(5) ADVOCACY.

Sec. 7, Effectivity. - This Act shall take effect afler fifteen (15) days following its
complete publication in the Official Gazette or a newspaper of general circulation.

Approved,