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

EIGHTEENTH CONGRESS.
First Regular Session

5684

House Bill No.

Introduced by Representative Sol Aragones

EXPLANATORY NOTE

Republic Act (R.A.) No. 9208, otherwise known as the Anti-Trafficking in Persons Act
of 2003 was last amended on February 2013. Six years later, with the onset of the internet, the
trafficking in persons landscape has drastically changed.

Albeit the technology of the internet has made our lives easier, it also made committing
sexual crimes against children easier. It is highly alarming because he platform of online
connectivity creates a virtual avenue where traffickers and other sexual predators prey on their
victims even without physical contact. Moreover, mobile connectivity and the growing internet
coverage has resulted to a high degree of anonymity of viewers and users and could result in
furthering the trend in the commercial live-streaming of child sexual abuse. These criminals
masked behind layers of insulation provided by the internet comfortably prey on their child
victims and could easily commit sexual crimes without the risk of getting caught.

With the increased accessibility of the internet and mobile connectivity, even children
can easily access any online platform which exposes them to risks and dangers of online
exploitation. Online sexual exploitation of children (OSEC) continues to be a serious threat to
our children. In the Philippines, online child abuse is the leading cybercrimes, this ranges from
online sexual solicitation, grooming and even online sexual coercion by relatives. This is
precisely because children are increasingly exposed with the internet and are at risk of online
abuse.

‘The platform and avenue where these criminal acts are committed is a huge challenge
for law enforcers to build up cases or even just to conduct efficient and effective surveillances.
Moreover, R.A. No. 4200 or the Anti-Wiretapping Law provides prohibitions that severely
cripples and compromises cases against child sexual offenders.

‘As technology is constantly evolving, so is online child sexual exploitations. Each day
that passes, sexual predators find new ways on how to utilize the internet for their criminal acts.
This is precisely why there is the need to modernize the law to ensure that our law enforces are

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at par with the advancement of technology. Technological solutions must be applied to able to
efficiently and effectively identify and prosecute those who commit such acts.

The bill will be an essential tool in prosecution as it enhances the ability of law
enforcement agencies to utilize court-authorized wiretaps in investigating online crimes
committed on children. The bill also protects the child victims from trauma as it allows law
enforcers to collect strong evidence and may forego the child victims from testifying in court.

The campaign against online sexual exploitation of children must be a shared
responsibility of the government and the general public. The bill aims to tap the assistance of
private enterprises that could intercept suspected trafficking situations such as (1) internet
service providers (ISPs) and telecommunication companies and (2) tourism-oriented
establishments, including hotels, resorts, inns, motels, and other related facilities. The
intervention from these private enterprises will play a crucial role in the prevention of TIP and
the protection of the child victims.

The bill adds new members to the Inter-Agency Council Against Trafficking (ACAT)
to further strengthen the campaign against online sexual exploitation of children and to
complement the efforts of the existing members. The additional members are (a) Secretary of
the Department of Information and Communications Technology (DICT); (b) Secretary,
Department of Transportation (DOTr); (c) Administrator, Overseas Workers Welfare
‘Administrator (OWWA); and Director, National Bureau of Investigation (NBI).

Lastly, and more importantly, the bill aims to support child victim-survivors by
institutionalizing existing programs focused on recovery and reintegration and providing more

resources for these programs to empower and assist child victim-survivors.

Hence, the passage of this bill is earnestly sought.

neq

SOL ARAGONES
3° District, Laguna

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waueene

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

EIGHTEENTH CONGRESS,
First Regular Session

House Bill No. 5684

Introduced by Representative Sol Aragones

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:

SECTION 1. SECTION 8 of Republic Act No. 9208, as amended, is hereby amended

to read as follows —
"SECTION. 8. INVESTIGATION Hritiation 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), A LAW ENFORCEMENT OFFICER
MAY, UPON A WRITTEN ORDER FROM THE COURT, TRACK DOWN,

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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.

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
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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

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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.

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

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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.

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
INCASE 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
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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.

CONTENTS OF JOINT AFFIDAVIT. — 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,
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VI.

DEPOSITED WITH THE AUTHORIZING DIVISION OF THE COURT OF
APPEALS. IT SHALL BE UNLAWFUL FOR ANY PERSON, POLICE OR
LAW ENFORCEMENT OFFICIAL TO.

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
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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.

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.

"(© 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

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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

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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-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

' 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

:commodation establishments, including, but not lim hotels, resorts, apartelles, tourist inn:
motels, pension houses, and home stay operators; tourism estate management services, restaurants, shops and

department stores, sportsand recreational centers, spas, museums and galleries, theme parks, conventioncenters
and zoos; (SECTION 4{p])

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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.

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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.

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

“SECTION 10. Penalties and Sanctions. — The following penalties and
sanctions are hereby established for the offenses enumerated in this Act:

"SEC. 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 (P1,000,000.00) 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 (P1,000,000.00);

"(©) 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
(P1,000,000.00);

"In every case, conviction shall cause and carry the automatic revocation of the
license or registration of the recruitment agency involved in trafficking. The
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license of a recruitment agency which trafficked a child shall be automatically

revoked.

"@ 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);

"(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 II] THEREOF;

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

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I.

Vi.

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;

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;

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;

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;

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
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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;

“() 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 (PHPS00,000.00) 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
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NOT MORE THAN TWO MILLION PESOS (PHP2,000,000.00) AND
REVOCATION OF ITS LICENSE TO OPERATE AND IMMEDIATE
CLOSURE OF THE ESTABLISHMENT; AND

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

prevent its commission;

“(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;

“(L) 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
concemed 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.”

SECTION 3. SECTION 16 of Republic Act No. 9208 is hereby amended to read as

follows:

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

“(a) Department of Foreign Affairs (DFA) — shall make available its resources
and facilities overseas for trafficked persons regardless of their manner of
entry to the receiving country, and explore means to further enhance its
assistance in eliminating trafficking activities through closer networking with
government agencies in the country and overseas, particularly in the
formulation of policies and implementation of relevant programs. 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 protection and housing of
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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
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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)

“() 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 fiancés/fianeées 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-trafficking law. This blacklist shall be posted in

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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 PEOS and PDOS, respectively. The PEOS 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)

“() Commission on Filipinos Overseas — shall conduct pre-departure
counseling services for Filipinos in intermarriages. It shall develop a system
for accreditation of NGOs 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 NGOs. (n)

“(K) DEPARTMENT OF HEALTH (DOH) — SHALL DEVELOP A
COMPREHENSIVE PROGRAM TO PREVENT THE TRAFFICKING OF

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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.

“(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.

“(N) OVERSEAS WORKERS WELFARE ADMINISTRATION (OWWA) —
SHALL PROVIDE WELFARE PROGRAMS AND 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

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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 OF WS 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.

SECTION 4. SECTION 20 of Republic Act No. 9208 is hereby amended to read as

"SECTION 20. INTER-AGENCY COUNCIL AGAINST TRAFFICKING. —
THERE IS HEREBY ESTABLISHED AN INTER-AGENCY COUNCIL
AGAINST TRAFFICKING, TO BE COMPOSED OF THE SECRETARY
OF THE DEPARTMENT OF JUSTICE AS CHAIRPERSON AND THE
SECRETARY OF THE DEPARTMENT OF SOCIAL WELFARE AND
DEVELOPMENT AS CO-CHAIRPERSON AND SHALL HAVE THE
FOLLOWING AS MEMBERS:

(a) Secretary, Department of Foreign Affairs;

"(b) Secretary, Department of Labor and Employment;


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"(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
ADMINISTRATOR;

"@) Commissioner, Bureau of Immigration;

"G) Chief, Philippine National Police;

(Chairperson, Philippine Commission on Women;

"()) Chairperson, Commission on Filipinos Overseas;

"(m) Executive Director, Philippine Center for Transnational Crimes;
“(N) DIRECTOR, NATIONAL BUREAU OF INVESTIGATION; AND

"()) 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.

"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."

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SECTION 5. SECTION 21 of Republic Act No. 9208 is hereby amended to read as

“SECTION 21. Functions of the Council. - The Council shall have the
following powers and functions:

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

“(b) Promulgate rules and regulations as may be necessary for the effective

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

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

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

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

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

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

(i) Secure from any department, bureau, office, agency, or instrumentality of
the government or from NGOs and other civic organizations such assistance as

may be needed to effectively implement this Act;

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(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;

(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
‘Fransportation-and-Communications TECHNOLOGY (BOFE 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;

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

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

SECTION 6. SECTION 24 of Republic Act No. 9208 is hereby amended to read as

“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

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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.

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SECTION 7. EFFECTIVITY. — THIS ACT SHALL TAKE EFFECT FIFTEEN (15)
DAYS FOLLOWING ITS COMPLETE PUBLICATION IN AT LEAST TWO (2)
NEWSPAPERS OF GENERAL CIRCULATION.”

Approved.

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