Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

5609

HOUSE BILL Nt

Introduced by HON. MARLYN B. ALONTE

EXPLANATORY NOTE

It's known to one and all that the internet and the technology of connectivity
provide multiple advantages to the society. Unfortunately, their disadvantages
can also be very damaging. Case in point: crimes against children.

Children have always been an easy target of crimes. In 2019, the United
Nations Children's Fund (UNICEF) reported that online child abuse is the
leading cybercrime in the Philippines and that new technologies like live
streaming are putting more Filipino children at risk of sexual abuse.

Data from the International Justice Mission (IM) showed that in 2017 alone,
the Philippines recorded a total of 45,645 tips (where 50% of rescued children
are aged 12 and below) related to online sexual exploitation of children, and
that the country is considered one of the main destinations of foreign
pedophiles who use poverty situations to take advantage of children.

Although there was a bill to protect children from such crimes (specifically the
Republic Act No. 9208, otherwise known as the Anti-Trafficking in Persons
‘Act of 2003, which was amended six years ago), new technology presents new
and complex challenges for law enforcement agencies. It has become more
difficult for law enforcers in terms of investigating crimes, collecting evidence,
identifying and apprehending offenders, and providing assistance to the
victims. This is due partly to the prohibitions under R.A. No. 4200 or the Anti-
Wiretapping Law.


This bill aims to enhance the ability of law enforcement agencies to use court-
authorized wiretaps in investigating cybercrimes since it will allow them to
collect strong evidence. The bill also seeks to tap the assistance of private
enterprises—such as internet service providers, telecommunication
companies, and tourism-related establishments—as they play a crucial role in
the prevention of such crimes.

This bill will also add new members to the Inter-Agency Council Against
Trafficking (IACAT) for better implementation of the anti-trafficking act. They
will be the Secretary of the Department of Information and Communications
Technology (DICT), Secretary of the Department of Transportation (DOTr),
Administrator of the Overseas Workers Welfare Administrator (OWWA), and
Director, of the National Bureau of Investigation (NBI).

Hence, the passage of this bill is earnestly sought.

MARTYN B. ALONTE
Lone District of Binan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

5609
HOUSE BILL

Introduced by HON. MARLYN ALONTE

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 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, 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.

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


rt

Mm.

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

THE WRITTEN ORDER OF THE COURT AUTHORIZING THE TRACK DOWN,
INTERCEPTION AND RECORDING, SHALL SPECIFY THE FOLLOWING: (A)
THE IDENTITY, SUCH AS NAME AND ADDRESS, IF KNOWN, OF THE
CHARGED OR SUSPECTED PERSON WHOSE COMMUNICATIONS,
MESSAGES, CONVERSATIONS, DISCUSSIONS, OR SPOKEN OR WRITTEN
WORDS ARE TO BE TRACKED DOWN, TAPPED, LISTENED TO,
INTERCEPTED, AND RECORDED AND, IN THE CASE OF RADIO,
ELECTRONIC, OR TELEPHONIC (WHETHER WIRELESS OR OTHERWISE)
COMMUNICATIONS, MESSAGES, CONVERSATIONS, DISCUSSIONS, OR
SPOKEN OR WRITTEN WORDS, THE ELECTRONIC TRANSMISSION
SYSTEMS OR THE TELEPHONE NUMBERS TO BE TRACKED DOWN, TAPPED,
LISTENED TO, INTERCEPTED, AND RECORDED AND THEIR LOCATIONS,
OR IF THE PERSON SUSPECTED OF THE CRIME IS NOT FULLY KNOWN,
SUCH PERSON SHALL BE SUBJECT TO CONTINUOUS SURVEILLANCE
PROVIDED THERE IS A REASONABLE GROUND TO DO SO; (B) THE
IDENTITY (NAME, ADDRESS, AND THE POLICE OR LAW ENFORCEMENT
ORGANIZATION) OF THE POLICE OR OF THE LAW ENFORCEMENT
OFFICIAL, INCLUDING THE INDIVIDUAL IDENTITY (NAMES, ADDRESSES,
AND THE POLICE OR LAW ENFORCEMENT ORGANIZATION) OF THE
MEMBERS OF HIS TEAM, JUDICIALLY AUTHORIZED TO TRACK DOWN, TAP,
LISTEN TO, INTERCEPT, AND RECORD THE COMMUNICATIONS,
MESSAGES, CONVERSATIONS, DISCUSSIONS, OR SPOKEN OR WRITTEN
WORDS; (C) THE OFFENSE OR OFFENSES COMMITTED, OR BEING
COMMITTED, OR SOUGHT TO BE PREVENTED; AND, (D) THE LENGTH OF
TIME WITHIN WHICH THE AUTHORIZATION SHALL BE USED OR CARRIED
our.

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.

2


nN.

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

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

IF NO CASE IS FILED WITHIN THE THIRTY (30)-DAY PERIOD, THE
APPLICANT POLICE OR LAW ENFORCEMENT OFFICIAL SHALL, WITHIN
THIRTY (30) DAYS FROM THE EXPIRATION OF THE SAID THIRTY (30)-DAY
PERIOD, NOTIFY THE PERSON SUBJECT OF THE SURVEILLANCE THAT HE
OR SHE WAS THE SUBJECT OF SURVEILLANCE, INTERCEPTION AND
RECORDING, AND THE TERMINATION THEREOF. FAILURE TO NOTIFY THE
SURVEILLED WITHIN THE REQUIRED PERIOD SHALL BE PENALIZED
UNDER SECTION 10(g) OF THIS ACT.

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.

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,

3


DISCS, AND RECORDINGS THAT HAVE BEEN MADE, AS WELL AS THE
NUMBER OF EXCERPTS AND SUMMARIES THEREOF AND THE NUMBER OF
WRITTEN NOTES AND MEMORANDA, IF ANY, MADE IN CONNECTION
THEREWITH; (B) THE DATES AND TIMES COVERED BY EACH OF SUCH
TAPES, DISCS, AND RECORDINGS; (C) THE NUMBER OF TAPES, DISCS,
AND RECORDINGS, AS WELL AS THE NUMBER OF EXCERPTS AND
SUMMARIES THEREOF AND THE NUMBER OF WRITTEN NOTES AND
MEMORANDA MADE IN CONNECTION THEREWITH THAT HAVE BEEN
INCLUDED IN THE DEPOSIT; AND (D) THE DATE OF THE ORIGINAL
WRITTEN AUTHORIZATION GRANTED BY THE DEPARTMENT OF JUSTICE
TO THE APPLICANT TO FILE THE EX PARTE APPLICATION TO CONDUCT
THE TRACKING DOWN, TAPPING, INTERCEPTING, AND RECORDING, AS
WELL AS THE DATE OF ANY EXTENSION OR RENEWAL OF THE ORIGINAL
WRITTEN AUTHORITY GRANTED BY THE COURT.

THE JOINT AFFIDAVIT SHALL ALSO CERTIFY UNDER OATH THAT NO
DUPLICATES OR COPIES OF THE WHOLE OR ANY PART OF ANY OF SUCH
TAPES, DISCS, AND RECORDINGS, AND THAT NO DUPLICATES OR
COPIES OF THE WHOLE OR ANY PART OF ANY OF SUCH EXCERPTS,
SUMMARIES, WRITTEN NOTES, AND MEMORANDA, HAVE BEEN MADE, OR,
IF MADE, THAT ALL SUCH DUPLICATES AND COPIES ARE INCLUDED IN
THE SEALED ENVELOPE OR SEALED PACKAGE, AS THE CASE MAY BE,
DEPOSITED WITH THE AUTHORIZING DIVISION OF THE COURT OF
APPEALS. IT SHALL BE UNLAWFUL FOR ANY PERSON, POLICE OR LAW
ENFORCEMENT OFFICIAL TO.

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

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

4


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, siblings, children or legal guardian may file a complaint for
trafficking.

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

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

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

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

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

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

5


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), WITHTHE 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 PORNOGRAPHY WITHIN THEIR PREMISES IS A
CONCLUSIVE PRESUMPTION OF THE KNOWLEDGE OF THE OWNERS/OPERATORS.
AND OWNERS OR LESSORS OF BUSINESS ESTABLISHMENTS OF THE VIOLATION
OF THIS ACT: PROVIDED, FURTHER, THAT A DISPUTABLE PRESUMPTION OF
KNOWLEDGE BY OWNERS/OPERATORS AND OWNERS OR LESSORS OF BUSINESS
ESTABLISHMENTS SHOULD KNOW OR REASONABLY KNOW THAT A VIOLATION
OF THIS ACT IS BEING COMMITTED IN THEIR PREMISES.

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

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

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



THE IACAT, WITH THE DEPARTMENT OF TOURISM AND SUCH OTHER RELEVANT
GOVERNMENT AGENCIES, SHALL PROMULGATE WITHIN NINETY (90) DAYS FROM
THE EFFECTIVITY OF THIS ACT THE NECESSARY RULES AND REGULATIONS FOR
‘THE IMPLEMENTATION OF THIS PROVISION.

ANY WILLFUL AND INTENTIONAL VIOLATION OF THIS PROVISION SHALL BE
SUBJECT TO THE PENALTY PROVIDED UNDER SECTION 10(i) OF THIS ACT.

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:

“(@) 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 jon 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
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 penaity of imprisonment of fifteen (15) years and a fine
of not less than Five hundred thousand pesos (P500,000.00) but not more than
One million pesos (P1,000,000.00);

“(e) Any person found guilty of qualified trafficking under Section 6 shall suffer
the penalty of life imprisonment and a fine of not less than Two million pesos
(P2,000,000.00) but not more than Five million pesos (P5,000,000.00);

"(f) Any person who violates Section 7 hereof shall suffer the penalty of
imprisonment of six (6) years and a fine of not less than Five hundred thousand
pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);

“(g) ANY APPLICANT POLICE OR LAW ENFORCEMENT OFFICIAL AND THE
MEMBERS OF HIS TEAM AUTHORIZED TRACK DOWN, INTERCEPT AND RECORD,
ANY COMMUNICATIONS, CONVERSATIONS, DISCUSSIONS, _DATA,


INFORMATION, OR MESSAGES, SPOKEN OR WRITTEN, UNDER SECTION 8
HEREOF SHALL BE PENALIZED FOR THE PROHIBITED ACTS THEREIN:

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;

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

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

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

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

VI.IN ADDITION TO THE LIABILITY OF THE OFFENDER FOR THE
COMMISSION OF ANY OTHER OFFENSE, THE PENALTY OF TEN (10)
YEARS AND ONE (1) DAY TO TWELVE (12) YEARS OF IMPRISONMENT
AND THE ACCESSORY PENALTY OF PERPETUAL ABSOLUTE
DISQUALIFICATION FROM PUBLIC OFFICE SHALL BE IMPOSED UPON
ANY POLICE OR LAW ENFORCEMENT PERSONNEL WHO MALICIOUSLY
OBTAINED AN AUTHORITY TO TRACK DOWN, TAP, LISTEN TO,
INTERCEPT, AND RECORD IN WHATEVER MANNER OR FORM ANY
COMMUNICATION, MESSAGE, CONVERSATION, DISCUSSION, OR
SPOKEN OR WRITTEN WORDS OF A PERSON CHARGED WITH OR
SUSPECTED OF CHILD TRAFFICKING UNDER THIS ACT; FURTHER, THE
PARTY AGGRIEVED BY SUCH AUTHORIZATION SHALL BE ALLOWED
ACCESS TO THE SEALED ENVELOPE OR SEALED PACKAGE AND THE
CONTENTS THEREOF AS EVIDENCE FOR THE PROSECUTION OF ANY
POLICE OR LAW ENFORCEMENT PERSONNEL WHO MALICIOUSLY
PROCURED SAID AUTHORIZATION.

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


MILLION PESOS (PHP1,000,000.00) BUT NOT MORE THAN TWO MILLION PESOS
(PHP2,000,000.00) AND REVOCATION OF ITS LICENSE TO OPERATE;

“(@) 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; AND.

“G) 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, dub 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
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

“(W" Conviction, by final judgment of the adopter for any offense under this Act
shar. 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:

“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

9


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 10 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 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)

“(©) Department of Labor and Employment (DOLE) - shall ensure the strict
implementation and compliance with the rules and guidelines relative to the
employment of persons locally and overseas. It shall likewise monitor, document
and report cases of trafficking in persons involving employers and labor
recruiters.

“(d) Department of Justice (DOJ) - shall ensure the prosecution of persons
accused of trafficking and designate and train special prosecutors who shall
handle and prosecute cases of trafficking. It shall also establish a mechanism for
free legal assistance for trafficked persons, in coordination with the DSWD,
Integrated Bar of the Philippines (IBP) and other NGOs and volunteer groups.

“(e) Philippine Commission on Women (PCW) - shall actively participate and
coordinate in the formulation and monitoring of policies addressing the issue of
trafficking in persons in coordination with relevant government agencies. It shall
likewise advocate for the inclusion of the issue of trafficking in persons in both its
local and international advocacy for women’s issues. (a)

10


“(f) Bureau of Immigration (BI) - shall strictly administer and enforce
immigration and alien administration laws. It shall adopt measures for the
apprehension of suspected traffickers both at the place of arrival and departure
and shall ensure compliance by the Filipino fiancés/fiancées 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 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 Coundil, in ensuring
wide understanding and application of this Act at the local level. (a)

“G) 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)

11


“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 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 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.

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

12


"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;
"(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;
"(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

"(I) 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.”

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

“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;

“(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;

13


(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;

G) 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;

()) 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 Communications
TECHNOLOGY (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 follows:

“Section 24. Other Services for Trafficked Persons, -

(a) Legal Assistance. - Trafficked persons shall be considered under the category
“Overseas Filipino in Distress" and may avail of the legal assistance created by
Republic Act No. 8042, subject to the guidelines as provided by law.

(b) Overseas Filipino Resource Centers. - The services available to overseas
Filipinos as provided for by Republic Act No. 8042 shall also be extended to
trafficked persons regardless of their immigration status in the host country.

(c) The Country Team Approach. - The country team approach under Executive
Order No. 74 of 1993, shall be the operational scheme under which Philippine

14


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.

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

15