FIFTEENTH CONGRESS OF THE ) ®

REPUBLIC OF THE PHILIPPINES )
First Regular Session ) 10 Whiz PiSé
SEN.
sano 4216 ..

7 recewveo ov: fl

INTRODUCED BY SEN. MANNY VILLAR

EXPLANATORY NOTE

Human trafficking is a concern that affects every country. The United Nations
estimated that every year, there are 600,000 to 800,000 victims who are being trafficked
across international borders.

Developing countries like the Philippines are becoming one of the largest
sources of trafficked persons. In the Philippines, it was estimated that more than
400,000 women and more than 100,000 children are being trafficked across countries
every year. The traffickers are taking advantage of the fact that most Filipinos are
seeking better opportunities overseas. Many Filipinos voluntarily migrate to work abroad
only to be exploited in the end.

But trafficking not only occurs across countries but also occurs within the country.
The Philippines has intemal trafficking of women and children from rural areas,
particularly in the Visayas and Mindanao, to urban areas, such as Metro Manila and
Cebu, for sexual exploitation or forced labor as domestic workers, factory workers, or in
the drug trade.

To address the alarming cases of trafficking especially of women and children,
Republic Act 9208 or the Anti-Trafficking in Persons Act was passed in 2003. Republic
Act 9208 enumerates various programs and services that the government should
provide to trafficked victims particularly emergency shelter or appropriate housing,
counseling, legal, medical and psychological services; livelihood and skills training; and
education assistance to a trafficked child.

With the increasing number of victims being assisted by the government,
institutionalizing a temporary shelter program is necessary. Establishment of temporary
shelters throughout the country will ensure that appropriate assistance such as medical
and legal services will be provided for trafficking survivors. The provision of
psychosocial counseling is also essential before the return to and reintegration of the
trafficked persons with their respective families and community. The counseling will help
them cope with their trauma, understand their situation better, and prevent the
possibility of revictimization. A trauma or crisis that is not resolved may lead to more
psychological, social and medical problems. As observed by the Commission on
Filipinos Overseas- Task Force Against Human Trafficking (CFO-TFHT) in the various
cases it handles, most of the repatriated victims were suffering from severe trauma
because of the exploitation that they had experienced. Others have to face more
serious problems such as unwanted pregnancies, sexually transmitted diseases, broken
families and accumulated debts. The shelter may also provide a proper and fair venue
for family counseling for victims whose families are unaware of their sad plight or in
some cases, where family members or relatives have facilitated their being recruited or
trafficked. Most victims feared that they may feel unaccepted when they return to their
home because of their “misfortune”.



As part of the reintegration process for the trafficked persons, livelihood
assistance and projects should be integral components of a shelter. Through the
projects, they will be provided with opportunities for their livelihood upon their return to
their respective homes. The livelihood trainings will also help them channel their
energies into more productive activities as part of the “healing process”.

Ultimately, this bill seeks to protect and empower the trafficked persons, and
promote the pro-active commitment af the government in eliminating trafficking in
persons.

The immediate passage of this proposed Act is earnestly sought in consideration

of the prevalence of trafficking of Filipinos and the emotional turmoil they experience
that needs to be addressed with urgency.

MANNY VILLAR


SUCRETARY

FIFTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES

First Reguiar Session WO WL 12 Pi Sd

"SENAY
S.B. No. “t216 necewven av:_fl
: i

INTRODUCED BY SEN. MANNY VILLAR

AN ACT
PROMOTING TO INSTITUTE MECHANISMS FOR THE CREATION OF TEMPORARY
SHELTER PROGRAM FOR TRAFFICKED PERSONS

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

SECTION 1. Title. -This Act shall be known as the “Temporary Shelter Program
for Trafficked Persons Act.”

SECTION 2. Legal Basis. - The temporary shelter program shall be provided by
the State, in accordance with the Section 23 on Mandatory Services to Trafficked
Persons of Republic Act 9208, otherwise known as the Anti-Trafficking in Persons Act of
2003 :

The law specifically states that "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;

d) medical or psychological services;

e) livelihood and skills training; and

f) educational assistance to a trafficked child.

SECTION 3. Establishment of Temporary Shelter Houses for Trafficked
Persons. - There shall be temporary shelter houses to be established in metropolitan
areas (Metro Manila, Cebu and Davao) in the Philippines, and in other provinces where
trafficking incidents are most prevalent.

SECTION 4. Objective of the Temporary Shelter Program. - The creation of
temporary shelter program for trafficked persons shall have following objective:

1) Provide a safe shelter to trafficked persons against possible threats; allows the
provision of continuous psycho-social, counseling and medical services, and
livelihood assistance for trafficked persons; and

2) Facilitate faster case build-up for trafficked persons.

SECTION 5. Criteria for Entitlement. - The program will provide temporary shelter
for trafficked persons. An assessment from the legal officers and/or counselors is
required to determine if the elements of trafficking are present. Victims of other forms of
abuses not directly related to trafficking, will be referred to appropriate government or
non-government agencies

Trafficked persons will be accommodated until they have been provided with
appropriate assistance . Uniess there are possible threats in their community, and


reintegration should be delayed, priority will be given to trafficked persons who are
based in the province.

SECTION 6. Provision of Other Services. - Trafficked persons who availed of the
program shall also be provided with the necessary legal, medical, and psychosocial
services. Livelihood assistance and trainings will be included in the program through
partnership among government and non-government agencies, international
organizations, civil society groups and the private sector.

SECTION 7. Super jon of CFO. -The Commission on Filipinos Overseas
(CFO) through its Task Force Against Human Trafficking (TFHT) shall supervise the
establishment, implementation and operation of the temporary shelter program. The
CFO shall appoint the necessary personnel to operate the temporary shelter, subject to
civil service laws, rules and regulations,

SECTION 8. Cooperation and Funding. - The amount of Five Million Pesos
(Php 5,000,000.00) shall be sources from the Presidential Social Fund for the initial
establishment and operation of the temporary shelter houses and shall be released to
the CFO-TFHT. Funds necessary for the continued operation and maintenance in the
succeeding years shall be integrated in budget of the CFO.

A reasonable percentage of the earnings of the Philippine Gaming Corporation
shall be allotted for the establishment and maintenance of the shelter homes.

SECTION 9. Implementing Rules and Regulations. - Within thirty (30) days
from the effectivity of this Act, the CFO in coordination and consultation with other
offices, shall formulate the rules and regulations to implement the provisions of this Act.

SECTION 10. Effectivity. This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in at least (2) national newspaper of
general circulation.

Approved,