s EIGHTEENTH CONGRESS OF THE ) 
SENATE OF THE PHILIPPINES 
)
Second Regular Session 
)
SENATE
of 111'.' £y:\X\'iV
20 JUL 29 PI :41
Introduced by SENATOR CYNTHIA A. VILLAR
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
EXPLANATORY NOTE
Article II, Section 11 of the 1987 Philippine Constitution enunciates that the 
State values the dignity of every human person and guarantees full respect for 
human rights.
Hence, in adherence to this constitutional guarantee. Republic Act (RA) No. 
9208 or the Anti-Trafficking in Persons Act of 2003 was enacted to institute policies 
to eiiminate trafficking in persons, especially women and children. It is also in 
recognition of the Phiiippine government's responsibility as a signatory to different 
international commitments, such as the United Nations Universal Declaration on 
Human Rights, United Nations Convention on the Rights of the Child, and United 
Nations Convention Against Transnational Organized Crime including its Protocol to 
Prevent, Suppress and Punish Trafficking in Persons, Especiaily Women and


^ .
Children, among others.
In 2013, RA No. 9208 was updated and expanded through the enactment of 
RA No. 10364 that added accessory and accomplice liability for trafficking 
syndicates, increased the penalty for the use of trafficked persons, and improved 
mechanisms for victim protection.
However, even with the existence of laws to curb human trafficking, data 
shows that such crime continues to propagate. In the 2018 Trafficking in Persons 
Report in the Philippines that was published by the United States Department of 
State, the authorities investigated only 488 suspected trafficking cases, which led to 
the arrest of only 283 suspects.1 This number of cases may just represent a small 
fraction of the total number of women and children being actually trafficked 
considering that United Nations International Children's Fund (UNICEF) estimated 
that there are around 60,000 to 100,000 victims of child trafficking alone in the 
Philippines2, on top of the number of women trafficking cases.
And with the Internet getting more accessible to minors, this online 
connectivity makes them more susceptible to human trafficking. In 2019, internet 
penetration reached 70.37% of the population.3 It can be assumed that a part of 
this percentage includes a crucial number of children. To support this claim, UNICEF 
reported in 2019 that online sexual exploitation of children is the leading cybercrime 
in the Philippines.4 To reiterate, it is estimated that around 600,000 sexualized 
photos of Filipino children were bartered and traded based on the data gathered by 
UNICEF for 2018 alone.5
1 United Nations High Commissioner for Refugees, "2018 Trafficking in Persons Report - Phiiippines," 
accessed Juiy 21,2020, https://www.refworid.org/docid/5b3e0aa4a.html.
2 United Nations International Children's Fund, "Factsheet: Child Trafficking in the Philippines," 
accessed July 21, 2020, https://www.unicef.org/protection/files/ipulocaltrafficking.pdf
3 
CNN Philippines Staff, "PH Takes Top Spot as Heaviest Internet Users Worldwide - Report," 
accessed July 21, 2020, https://cnnphilippines.eom/lifestyle/2019/02/01/2019-digital-hootsuite-we- 
are-social-internet-philippines-facebook.html
4 "New Partnership, SaferKidsPH, Addresses Online Child Abuse," UNICEF, July 20, 2020, 
https://www.unicef.org/philippines/press-releases/new-partnership-saferkidsph-addresses-online- 
child-abuse.
5 "SaferKidsPH Advocates to Stop Online Sexual Abuse and Exploitation of Children," UNICEF, July
20, 
2020, https://www.unicef.org/philippines/press-releases/saferkidsph-advocates-stop-online-
sexual-abuse-and-exploitation-children.


It is a sad reality that human trafficking perpetrators are taking advantage of 
technological advancements to conduct their sinister actions and victimize innocent 
women and children. And this reality calls for a pressing need for legislators to 
amend the Anti-Trafficking in Persons Act. Without a doubt, the law should be 
updated and fine-tuned again to cope In addressing human trafficking in this 
technological age.
This bill aims to strengthen the Anti-Trafficking in Persons Act by providing 
law enforcement agencies with improved methods that are timely, current, and 
adaptive to cope with technological advancements in curbing human trafficking 
crimes.
In cases involving child trafficking, a law enforcement officer may track down, 
intercept, or record with any communications, conversations, discussions, data, 
information, or messages of at least one person charged with or suspected of 
trafficking in persons. This can be done through the use of any mode, form, kind or 
type of electronic or other surveillance equipment or intercepting and tracking 
devices.
Moreover, this bill 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 bill aims to upgrade the 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, I recommend the approval of this measure.
Awh\L!['^
CYNTHIA A. VILLAR


EIGHTEENTH CONGRESS OF THE ) 
SENATE OF THE PHILIPPINES ) 
Second Regular Session 
)
SENATE
of tlic iSii’frr:
20 JUL29 PI :41
Introduced by SENATOR CYNTHIA A. VILLAR
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 assembled:
1 
Section 1. Section 8 of Republic Act No. 9208, as amended, is hereby
2 
amended to read as follows -
3 
"Sec. 8. INVESTJGA TJON Initiation and Prosecution of Cases. -
4
5
6
7
8 
9
"(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.


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
"(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), A LAW 
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.
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
I. 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)


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
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.
II. 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


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22 
23
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.
24
25
26
27
28
29
30
31
III. 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.


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
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,


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
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.


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20
V. CONTENTS OF JOINT AFFIDA VIT. - 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.
21
22
23
24
25
26
27
28
29
30
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


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
UNLAWFUL FOR ANY PERSON, POLICE OR LAW 
ENFORCEMENT OFFICIAL TO.
yi.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,
8


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
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.
VII. 
EVIDENTIARY VALUE OF DEPOSITED 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 FACT- 
CONTAINED 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, sibiings, children or legal guardian may fiie 
a compiaint for trafficking.


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
"(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.
10


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
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.
11


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20
SECTION 8-B. 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.
21
22
23
24
25
26
27
28
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.
6 Republic Act No. 9593 The Tourism Act of 2009 defines "Tourism enterprises" as facilities, services and attractions involved in 
tourism, such as, but not limited to: travel and tour services; tourist transport services, whether for land, sea or air 
transportation; tour guides; adventure sports; services Involving such sports as mountaineering, spelunking, scuba diving, and 
other sports activities of significant tourism potential; convention organizers; accommodation establishments, including, but not 
limited to, hotels, resorts, apartelles, tourist inns, motels, pension houses, and home stay operators; tourism estate 
management services, restaurants, shops and department stores, sportsand reaeational centers, spas, museums and galleries, 
theme parks, conventioncenters and zoos; (Section 4[p])
12


s .*
1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
FOR THIS PURPOSE, THE INTER-AGENCY COUNCIL AGAINST 
TRAFFICKING (lACAT) 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 lACAT SHALL 
DEVELOP A TRAINING CURRICULUM OR PROGRAM AND MAKE 
THE SAME AVAILABLE FOR DOWNLOAD ON ITS INTERNET WEB 
SITE.
16
17
18
19
20 
21
THE lACAT, 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.
22
23
24
ANY WILLFUL AND INTENTIONAL VIOLATION OF THIS 
PROVISION SHALL BE SUBJECT TO THE PENALTY PROVIDED 
UNDER SECTION 10(i) OF THIS ACT.
25 
Sec. 2. Section 10 of Republic Act No. 9208, as amended, is hereby amended
26 
to read as follows -
27
28
"Sec. 10. Penalties and Sanctions. - The following penalties and 
sanctions are hereby established for the offenses enumerated in this Act:
13


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21
22
23
24
25
26
27
28 
29
"(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 (Pl/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 (P500,000.00) but not more than One million pesos 
(Pl,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 (Pl/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);
14


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21
22
23
24
25
26
27
28
29
30
"(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:
I. 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;
II. 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 SUB­
SECTION IV THEREOF;
III. 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
15


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
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.
16


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28 
29
"(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 (PHPl,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 
(PHPl/000,000.00) BUT NOT MORE THAN TWO MILLION PESOS 
(PHP2,000,000.00) AND REVOCATION OF ITS LICENSE TO 
OPERATE;
"(I) 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;
"0) If the offender is a corporation, partnership, association, dub, 
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;
17


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
"(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;
"(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 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 or 
her retirement and other benefits shall 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."
24
25
26
27
28
Sec. 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
18


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
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) - shall 
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
19


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28 
29
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
20


1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
issue of trafficking in persons in both its locai and internationai advocacy 
for women's issues, (a)
"(f) Bureau of Immigration (BI) - shaii strictiy administer and enforce 
immigration and aiien 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/fiancees 
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 
recruiters 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-
21


1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26 
27
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) - shall 
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)
"(j) Commission on Filipinos Gverseas - 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)
22


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
"(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.
19
20 
21 
22
23
24
25
26
27
28
”(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
23


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
SERVICES THAT RESPOND TO THE NEEDS OF ITS MEMBER- 
OFWS, 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.
25 
Sec. 4. Section 20 of Republic Act No. 9208 is hereby amended to read as
26 
follows:
27
28
29
30
"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
24


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26 
27
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 Empioyment;
"(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;
"(i) Commissioner, Bureau of Immigration;
"(j) Chief, Philippine National Police;
"(k) Chairperson, Philippine Commission on Women;
"(I) 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) 
representative 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.
25


1
2
3
4
5
8
9
10
11
12
13
14
15
16
17
18
19
20 
21
22
23
24
25
"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."
6 
Sec. 5. Section 21 of Republic Act No. 9208 is hereby amended to read as
7 
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, 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;
26


1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 
21
22
23
24
25
26 
27
(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;
(j) 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;
(l) 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 
[Transportation—and} Communications TECHNOLOGY [(DQT&H 
(DICT), Department of Trade and Industry (DTI), 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;
27


1
2
3
4
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(o) Initiate training programs in identifying and providing the necessary 
intervention or assistance to trafficked persons; and
(p) Exercise ali the powers and perform such other functions necessary 
to attain the purposes and objectives of this Act.
5 
Sec. 6. Section 24 of Repubiic Act No. 9208 is hereby amended to read as
6 
foliows:
"Section 24. Other Services for Trafficked Persons. -
(a) Legai Assistance. - Trafficked persons shail 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:
28


2
3
4
5
6
7
8 
9
10
11
12
(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.
13 
Sec. 7. Effectivity. - This Act shall take effect after fifteen (15) days following
14 
its complete publication in the Official Gazette or a newspaper of general circulation.
Approved,
29