AE GRPRE SS
wep 7 fs BS
public of the Philippines /g oN
‘3 RECEIVED 2

HOUSE OF REPRESENTATIVES \

Quezon City, Metro Manila 2 pareEEB 2 si
= TM Py
NINETEENTH CONGRESS % era )
Third Regular Session vo g/
~ SW woet!
1078 SME

HOUSE BILL NO.

Introduced by AKBAYAN Representative Percival V. Cendafia

EXPLANATORY NOTE

Republic Act No. 9208 or the Expanded Anti-Trafficking in Persons Act of 2022 was
amended by Republic Act No. 11862, which was approved just on 23 June 2022.
Despite the fairly recent introduction of amendments to the law, rapid and alarming
developments in Trafficking in Persons (TIP) demand immediate amendments to the
Philippines’ anti-trafficking law.

Thus, this measure focuses on the introduction of the following reforms relevant to
TIP:

(1) Expanding the definition of human trafficking to include the act of forcing the
commission of illegal or fraudulent activities. This captures the phenomenon
of “scam hubs” — large compounds that operate technology-facilitated
fraudulent activities using human trafficking victims from developing
countries — and the specific challenge of identifying TIP victims, recognizing
their victimization and need for redress, and distinguishing them from
scammers/ fraud operators;

(2) Penalizing the specific act of allowing the use of one’s license, permit, or
franchise for the commission of TIP activities, a modus that surfaced during
investigations of the Senate on scam hubs where it became apparent that these
illegal operations were taking advantage of the regulatory cover provided by
licensed and registered online gambling facilities;

(3) Introducing the crime of “human smuggling”, which is the consensual
facilitation of the entry or continued presence of a person without lawful status
or documentation in a country where he or she is not a citizen or a resident.
Human smuggling networks are usually large, cross-border criminal syndicates
offering, for large amounts of money, dangerous and illegal exit and entry
routes to individuals who do not have the options to migrate legally; and,

(4) Establishing the Child Advocacy Center (CAC) model which provides for a
formal, comprehensive, integrated, and multidisciplinary response to the
investigation and disposition of cases involving child trafficking, aimed at


reducing the number of times children are questioned and examined in courts
or through legal processes and coordinating therapeutic interventions and
services for child victims.

In view of the foregoing, the immediate passage of this bill is earnestly sought.

tra V. Cendana
AY AN Party-list



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
Third Regular Session

11671

HOUSE BILL NO.

Introduced by AKBAYAN Representative Percival V. Cendafia

AN ACT
STRENGTHENING PROTECTIONS AGAINST TRAFFICKING IN
PERSONS, AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 9208, AS
AMENDED BY REPUBLIC ACT NOS. 10364 AND 11862, OTHERWISE
KNOWN AS THE “EXPANDED ANTI-TRAFFICKING IN PERSONS ACT OF
2022”

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

Congress assembled:

SECTION 1. Section 1 of Republic Act No. 9208, as amended, is hereby
amended to read as follows:
“SECTION 1. Short Title. - This Act shall be known as the
“Expanded Anti-Trafficking Act of 2025.”

SEC. 2. Section 4 of Republic Act No. 9208 as amended, is hereby further
amended to read as follows:

“SEC. 4. Acts of Trafficking in Persons. —It shall be unlawfal for
any person, natural or juridical, to commit by means of a threat, or use of
force, or other forms of coercion, or through abduction, fraud, deception,
abuse of power or of position, or through taking advantage of the
vulnerability of the person, or by giving or receiving of payment or
benefit to obtain the consent of a person having control over another

person, any of the following acts:

(a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain,
harbor, or receive a person by any means, including those done under

3


ean er wDn =

ul
12
13
14
15
16
17
18
19
20
2
22
2B
24
25
26
2
28
29
30
31
32
33
34

the pretext of domestic or overseas employment or training or
apprenticeship, for the purpose of prostitution, pornography, sexual
abuse or exploitation, production, creation or distribution of CSAEM
or CSAM, forced labor, slavery, involuntary servitude, er debt
bondage, OR FORCED COMMISSION OF ILLEGAL OR
FRAUDULENT ACTIVITIES;

Xxx"

SEC. 3. Section 5 of Republic Act No. 9208, as amended, is hereby further
amended to read as follows:

“SEC. 5. Acts that Promote Trafficking in Persons. — The
following acts which promote or facilitate trafficking in persons shall be
unlawful:

(a) To knewingly-lease or sublease, use, or allow to be used any
house, building, tourism enterprise, or any similar establishment; or
any vehicle or carrier by land, sea, and air; or any of their computer
system or computer hardware, other computer-related devices, or any
of their digital platform and application, for the purpose of promoting
trafficking in persons;; PROVIDED, THAT IF THE VEHICLE IS
OPERATING BY WAY OF A FRANCHISE, THE FRANCHISE
SHALL BE CANCELLED;

XXX

(n) To knowingly or by gross negligence facilitate, assist, or help
in the entry into the country of persons who are convicted sex offenders
whether at international and local airports, territorial boundaries, and
seaports for the purpose of promoting trafficking in persons; -oF

(0) To arrange, facilitate, expedite, or cause the introduction or
encounter of persons who are suspected or convicted sex offenders in any
jurisdiction, to a child. The actual introduction or encounter need not
occur to be liable under this provision. It is enough that there is a
deliberate attempt to cause the introduction or encounter:; OR

(P) TO_ ALLOW THE USE OF LEGALLY-OBTAINED
REGULATORY LICENSE, PERMIT, OR FRANCHISE FOR THE
COMMISSION _OF_ ACTS OF TRAFFICKING: PROVIDED,



THAT, WHEN THE LICENSE OR PERMIT HOLDER IS _A
JURIDICAL PERSON, THE PENALTY SHALL BE IMPOSED
UPON THE OWNER, PRESIDENT, PARTNER, MANAGER OR
ANY RESPONSIBLE OFFICER, OR ANY TWO (2) OR MORE OF
THEM.”

SEC. 4. A new Section 6-A is hereby inserted into Republic Act No. 9208, to

read as follows:

“SEC. 6-A. HUMAN SMUGGLING. — THE CRIME OF
HUMAN _ SMUGGLING IS COMMITTED THROUGH THE
FOLLOWING ACTS:

(A) SECURING OR AIDING THE ENTRY OF A
PERSON INTO A COUNTRY OF WHICH HE/SHE IS NOT A
CITIZEN OR PERMANENT RESIDENT, OR WITHOUT THE
APPROPRIATE VISAS OR LEGAL DOCUMENTS, FOR
FINANCIAL OR OTHER MATERIAL BENEFIT; OR

(B) FACILITATING, BY ANY UNLAWFUL MEANS,
THE CONTINUED PRESENCE OF A SMUGGLED PERSON IN
A RECEIVING COUNTRY IN ORDER TO OBTAIN FINANCIAL
OR OTHER MATERIAL BENEFIT, INCLUDING HARBORING
A___ SMUGGLED ____ PERSON, PROVIDING __ SPURIOUS
DOCUMENTS, _OR__ ARRANGING __ THEIR __DOMESTIC
TRANSPORT OR ANY MEANS TO PREVENT SCRUTINY,
DETECTION OR DEPORTATION.

VIOLATIONS UNDER THIS SECTION SHALL BE
SUBJECT TO THE SAME PENALTIES AS SECTION 5 OF THIS
ACT: PROVIDED, THAT WHEN IT IS PROVEN THAT THE
PERSON(S) SMUGGLED INTO THE PHILIPPINES DID NOT
CONSENT TO THE ENTRY, OR SUFFERED PHYSICAL ABUSE
OR INHUMAN OR DEGRADING TREATMENT EVEN IF HEOR
SHE CONSENTED, THE ACT SHALL BE CONSIDERED
TRAFFICKING IN PERSONS AND SHALL BE PENALIZED
UNDER SECTION 4 OF THIS ACT.



SecwmrxraAunun

Ml
12
13
14

16
17
18
19
20
21
2
23
24
25
26
27
28
29
30
31
32
33
34

CRIMINAL LIABILITY SHALL NOT. BE
EXTINGUISHED BY _ ANY FUTURE OFFICIAL ACTION
WHICH MAY _BE_ TAKEN WITH RESPECT TO THE
SMUGGLED PERSON AND OR THEIR LEGAL STATUS:
PROVIDED, THAT WHEN THE SMUGGLED PERSON _IS
LATER DETERMINED TO BE A REFUGEE AND/OR HAS BEEN
GRANTED ASYLUM BY THE RECEIVING GOVERNMENT
DUE TO CONFLICT, GENERALIZED VIOLENCE, OR A WELL-
FOUNDED FEAR OF PERSECUTION IN THE COUNTRY OF
ORIGIN, THIS FACT MAY BE INTRODUCED AS A DEFENSE
BY THE ACCUSED.”

SEC. 5. A new Section 16-A is hereby inserted into Republic Act No. 9208, to

read as follows:

“SEC. 16-A. IN ADDITION TO THEIR OBLIGATIONS
UNDER SECTION 16 OF THIS ACT, LOCAL GOVERNMENT
UNITS AT THE PROVINCIAL AND CITY LEVEL SHALL,
THROUGH THEIR LOCAL __SOCIAL__ WELFARE
DEVELOPMENT OFFICES, ESTABLISH CHILD ADVOCACY
CENTERS (CACs) _TO PROVIDE A FORMAL,
COMPREHENSIVE, INTEGRATED AND
MULTIDISCIPLINARY RESPONSE TO THE INVESTIGATION
AND__ DISPOSITION _OF__CASES__ INVOLVING __CHILD
TRAFFICKING, WITH A VIEW TO REDUCING THE NUMBER
OF TIMES CHILDREN ARE QUESTIONED AND EXAMINED IN
COURTS OR THROUGH LEGAL __ PROCESSES, _AND
COORDINATING THERAPEUTIC INTERVENTIONS _AND
SERVICES FOR CHILD VICTIMS.

THE CAC, AT THE MINIMUM, SHALL PROVIDE THE
FOLLOWING:

(A) A MULTIDISCIPLINARY TEAM TO PROVIDE A
PORTFOLIO OF SERVICES TO CHILD-VICTIMS, INCLUDING



LEGAL CASE SUPPORT, MENTAL HEALTH AND PSYCHO-
SOCIAL SUPPORT, PROTECTION, AND CUSTODY WHERE
RELEVANT;

(B) A VICTIM ADVOCATE THAT WILL SERVE AS
THE PRIMARY CONTACT AND LIAISON BETWEEN THE
CHILD-VICTIM__AND__GOVERNMENT__ AGENCIES, _THE
PROSECUTOR’S OFFICE, AND THE COURTS; AND

(C) FORENSIC INTERVIEWS _IN___A___CHILD-
CENTERED AND TRAUMA-INFORMED SETTING WITH THE
CHILD-VICTIM AND NON-OFFENDING FAMILY MEMBERS.

WHEN THE OFFENSE INVOLVES ONLINE SEXUAL
ABUSE AND EXPLOITATION OF CHILDREN (OSAEC) OR
THE PRODUCTION AND DISTRIBUTION OF CHILD SEXUAL
ABUSE AND EXPLOITATION MATERIALS (CSAEM), THE
ESTABLISHMENT OF __THE _CACs__SHALL__BE___IN
COORDINATION WITH THE NATIONAL COORDINATING
CENTER AGAINST OSAEC AND CSAEM_(NCC-OSAEC-

CSAEM).

THE CACs SHALL PROVIDE ASSISTANCE TO ALL
INDIVIDUALS_WHO WERE MINORS AT THE TIME OF
COMMISSION OF THE CRIME AGAINST THEM, INCLUDING
THOSE WHO HAVE AGED OUT BUT SUFFER FROM LONG-
TERM TRAUMA: PROVIDED, THAT THE RULES ON THE
EXAMINATION OF CHILD WITNESSES AND THE BENEFITS
PROVIDED TO CHILD WITNESSES SHALL ONLY APPLY TO
THOSE WHO CONTINUE TO BE MINORS WHILE THE LEGAL

PROCEEDINGS ARE ONGOING.

THE ESTABLISHMENT OF THE CACs MAY _ BE
FUNDED THROUGH GRANTS AND DONATIONS FROM
FOREIGN AND LOCAL SOURCES, AND MAY ALSO BE



SOURCED FROM THE GENDER AND DEVELOPMENT (GAD)
BUDGET IF THE CHILD-VICTIM IS A GIRL.”

SEC. 6. Section 24 of Republic Act No. 9208, as amended, is hereby amended
to read as follows:

“SEC. 24. Other Services for Trafficked Persons. —

(a) Legal Assistance. — Trafficked persons FILIPINOS
OVERSEAS 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) xxx.

(c) xxx

(d) xxx.

(E) FOREIGN VICTIMS IN THE PHILIPPINES. — FOR
TRAFFICKED FOREIGNERS IN THE PHILIPPINES, THE
DSWD SHALL PROVIDE THE APPROPRIATE SERVICES IN
ACCORDANCE WITH PHILIPPINE OBLIGATIONS UNDER
INTERNATIONAL LAW, SUCH AS THE ASEAN CONVENTION
AGAINST TRAFFICKING IN PERSONS (ACTIP). WHERE AN
INTERPRETER __IS___ NECESSARY, __ INTERPRETATION
SERVICES SHALL BE PROVIDED BY THE DSWD, _IN
COORDINATION WITH THE EMBASSIES OF THE TIP
VICTIM-SURVIVOR.”

SEC. 7.Separability Clause. - If any part of this Act is declared
unconstitutional or invalid, the other provisions not affected thereby shall continue to
be in full force and effect.

SEC. 8. Repealing Clause. — All laws, acts, presidential decrees, executive
orders, administrative orders, and rules and regulations inconsistent with or contrary to
the provisions of this Act are deemed amended, modified, or repealed accordingly:
Provided, That this Act shall not in any way amend or repeal the provisions of Republic
Act No. 7610, otherwise known as the “Special Protection of Children Against Abuse,

Exploitation and Discrimination Act.”


SEC. 9. Effectivity. — This Act shall take effect fifteen (15) days after
publication in the Official Gazette or in at least two (2) newspapers of general

circulation.

Approved,