Republic of the Philippines TA
HOUSE OF REPRESENTATIVES G7 JUN 5
Quezon City ete,
In By
Fifteenth Congress
Second Regular Session 3

COMMITTEE REPORT NO.

Submitied by the Committee on Revision of Laws and the Committee on
Appropriations on 37 JUN 2012

. 3339
Re : House Bill No 8339

Recommending its approval in substitution of House Bill Nos. 258. 1705. 4212 and 4694
Sponsors Representatives Marlyn L. Primicias-Agabas, Joseph Emilio A.

Abaya, Mel Senen 8. Sarmiento, Pryde Henry A. Teves, Susan
A. Yap and Emmanuel D. Pacquiao

Mr, Speaker:

The Committee on Revision of Laws and the Committee on Appropriations to which
were teferred House Bill-No. 258, introduced by Reps. Pryde Henry A. Teves and
Imelda Calixto-Rubiano, entitled

“AN ACT AMENDING SECTION 7 OF THE REPUBLIC ACT 9208 DISCLOSING
THE NAME AND PERSONAL CIRCUMSTANCES OF THE ACCUSED IN A
PENDING INVESTIGATION REGARDING HUMAN TRAFFICKING";

House Bill No. 1705, introduced by Reps. Susan A. Yap, Cinchona Cruz-Gonzales.
Karlo Aiexei B. Nograles and Rachel Marguerite 8. Del Mar, Marcelino R. Teodoro
and Pedro P. Romualdo, entitled:

“AN ACT AMENDING SECTION 10 OF REPUBLIG ACT 9208 OTHERWISE
KNOWN AS THE ANTI-TRAFFICKING IN PERSONS ACT OF 2003",

House Bil! No. 4212, introduced by Reps. Emmanuel D. Pacquiao, Walden F. Beilo.
Erico B. Aumentado, Rodante D. Marcoleta, Linabelle Ruth R. Villarica and Imelda
Calixto-Rubiano, entitled:

“AN ACT AMENDING REPUBLIC ACT NO 9208, ENTITLED “AN ACT TO
INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY
WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL
MECHANISMS FOR THE PROTECTION ANO SUPPORT OF TRAFFICKED



PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER
PURPOSES",

and House Bill No. 4694, introduced by Reps. Mel Senen S. Sarmiento, Maria
isabelle Climaco, Maximo B. Rodriguez, Jr, Rufus 8. Rodriguez, Cesar V.
Sarmiento, Lorenzo ll R. Tafiada, Maria Zenaida B. Angping and Imelda Calixto-
Rubiano entitled:

“AN ACT AMENDING REPUBLIC ACT 9208, ENTITLEO “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”

have considered the same and recommend that the attached House Bil No.
3339 entitied

“AN ACT EXPANDING REPUBLIC ACT NC. 9208, ENTITLED "AN ACT TO
INSTITUTE POLICIES TO ELIMINATE TRAFFICKING {N 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 approved in substitution of House Bill Nos. 258, 1705, 4212 and 4694 with Reps. Mel
Senen S. Sarmiento, Pryde Henry A. Teves, Imelda Calixto-Rubiano, Susan A. Yap,
Cinchena Cruz-Gonzales, Emmanuel 0. Pacquiao, Walden F. Bello, Maria Isabelle
G. Climaco, Maximo B. Rodriguez. Jr. Karlo Alexei B Nograles, Rache! Marguerite
B. Del Mar, Erico 8, Aumentado, Radante D. Marcoleta, Rufus B. Rodriguez, Cesar
V. Sarmiento, Marcelino R. Teodoro, Pedro P. Romualdo, Linabelle Ruth R. Villarica,
Lorenze R. Tafiada Ill, Maria Zenaida B. Angping, Mylene J. Garcia-Aibano and
Marlyn L. Primicias-Agabas as authors thereof,

Respectfully submitted,

( MILIO AYABAYA MARL! . PRIMBATAS-AGABAS

JOSE)
Chairfran Chairpersor
Combpitt jhtions Committee on Revision of Laws



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its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women
and Children and ail other relevant and universally accepted human rights instruments
and other intemationa! conventions to which the Philippines is a signatory. -

“Section 3. Definition of Terms. - As used in this Act:

(A) [(@)] Trafficking in Persons - refers to: [the recruitment. transportation, transfer
or harboring, or receipt of persons with or withoutsthe victim's consent or knowledge,
within or across national borders by means of threat or use of force, or other forms of
coercion, abduction, fraud, deception, abuse of power or of position, taking advantage
of the vulnerability of the person, or, the giving or receiving of payments or benefits to
achieve the consent of a person ‘having contro! over another person for the purpose of
exploitation which includes at a minimum, the exploitation or the prostitution of others
‘or other forms of sexua! exploitation, forced labor or services, slavery, servitude or the
removal or sale of organs.

The recruitment, transportation, transfer, harboring or receipt of a child for the
purpose of exploitation shall also be considered as “trafficking in persons” even if it
does not involve any of the means set forth in the preceding paragraph]

(1) ANY ACT OF RECRUITING, OBTAINING, HARBORING, MAINTAINING,
OFFERING, PROVIDING, TRANSPORTING OR TRANSFERRING ANY
NATURAL PERSON WITH OR WITHOUT THE VICTIM’S CONSENT OR
KNOWLEDGE, WITHIN OR ACROSS NATIONAL BORDERS,

(2) ANY ACT OF INTIMIDATION OR THREAT, USE OF FORCE OR OTHER
FORMS OF COERCION, ABDUCTION, FRAUD, DECEPTION, DEBT
BONDAGE, ABUSE OF POWER OR OF POSITION OR OF LEGAL
PROCESS, TAKING ADVANTAGE OF THE VULNERABILITY OF THE
PERSON, OR THE GIVING OR RECEIVING OF PAYMENTS OR BENEFITS
TO ACHIEVE THE CONSENT OF A PERSON HAVING CONTROL OVER
ANOTHER PERSON,

(3) ANY ACT OF EXPLOITATION INCLUDING PROSTITUTION OR OTHER
FORMS Of SEXUAL EXPLOITATION, FORCED LABOR OR SERVICES,
SLAVERY, INVOLUNTARY SERVITUDE, THE REMOVAL OR SALE OF
ORGANS, OR ARMED ACTIVITIES OR PROFITING FROM EXPLOITATION,
(WHETHER OR NOT THE EXPLOITATION ACTUALLY OCCURS.

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IF THE TRAFFICKING VICTIM IS A CHILD, ANY ACT UNDER SECTION
3{AX1) COMMITTED FOR ANY OF THE PURPOSES CITED IN SECTION 4A3)
SHALL ALSO QUALIFY AS TRAFFICKING IN PERSONS EVEN IF IT DOES NOT
INVOLVE ANY OF THE MEANS SET FORTH IN SECTION 3(A\2), AND WHETHER
OR NOT THE OFFENDER KNOWS THAT THE VICTIM IS A CHILD.

{B) OBTAINING ~ AS USED IN SECTION 3A), REFERS TO ACQUIRING IN
ANY FORM A NATURAL PERSON OR A NATURAL PERSON’S SERVICES.
WHETHER OR NOT BY CONTRACT OR FOR ANY CONSIDERATION, AND
INCLUDES ACQUIRING BY RECEIVING, BUYING, HIRING, EMPLOYING, RENTING,
ABDUCTING, ADOPTING, OR MARRYING.

{C) HARBORING — AS USED IN SECTION 3A), REFERS TO PROVIDING A
PLAGE TO STAY OR TO SECURE BY LIMITING THE LIBERTY OF ANY PERSON OR
ACCESS TO ANY OTHER PERSON.

(D) MAINTAINING — AS USED IN SECTION 3(A), REFERS TO MAKING
AVAILABLE DIRECTLY OR INDIRECTLY MANAGING THE AVAILABILITY OR
RECEIPT OR ENJOYMENT OF, NECESSITIES, CONVENIENCES, OR OTHER
THINGS OF VALUE, SUCH AS FOOD, DRINK, CLOTHING, SHELTER, SEDDING,
RUNNING WATER, MONEY, WORK, OR WORK FACILITIES OR SUPPLIES OF ANY
KIND.

{E) [b] Chid - refers to @ person below eighteen (18) years of age or one who [is
over eighteen (18) but] is unable to fully take care of or protect himseif/herself from
abuse, neglect, cruelty, exploitation, or discrimination because of & physical or mental
disabaity or condition.

(F) [c] Prostitution - refers to any act, transaction, scheme or design involving the
use of a person by another, for sexual intercourse, SEXUAL GRATIFICATION, oF ANY

OTHER lascivious conduct in exchange for money, profit, or any other consideration
BEING GIVEN BY ANY PERSON TO ANY OTHER PERSON.

{G) [6] Forced Labor [and Staveny| — refer$ to the extraction of work oF services
from any person by means of enticement, Violence, intimidation or threat, use of force or
coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt-
bondage of deception INCLUDING ANY WORK OR SERVICE EXTRACTED FROM
ANY OTHER PERSON BY MEANS PROVIDED IN SECTION (3KAK2}.


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(H) INVOLUNTARY SERVITUDE - REFERS TO A CONDITION OF ENFORCED
OR COMPULSORY SERVICE INDUCED BY MEANS OF ANY SCHEME, PLAN OR
PATTERN, INTENDED TO CAUSE A PERSON TO BELIEVE THAT, IF THE PERSON
DID NOT ENTER INTO OR CONTINUE IN SUCH CONDITION, THAT PERSON
WOULD SUFFER SERIOUS HARM OR OTHER FORMS OF ABUSE OR PHYSICAL
RESTRAINT.

(l) SLAVERY — REFERS TO THE EXTRACTION OF WORK OR SERVICES
FROM ANY PERSON BY MEANS OF ENTICEMENT, VIOLENCE, INTIMIDATION OR
THREAT, USE OF FORCE, OR COERCION, INCLUDING DEPRIVATION OF
FREEDOM, ABUSE OF AUTHORITY OR MORAL ASCENDANCY, DEBT-BONDAGE
OR DECEPTION.

(J) fe] Sex Tourism - refers to a program organized by travel ard tourism-related
establishments and individuals which consists of tourism packages or activities, utilizing
and offering escort and sexual services as enticement for tourists. This includes sexual
‘Services and practices offered during rest and recreation periods for members of the
military.

(K) B] Sexua! Exploitation - refers to participation by a person in prostitution,
PORNOGRAPHY or the production of [pornographic materials as a result of being
Subjected to 2 threat, deception, coercion. abduction, force, abuse of authority debt
bondage, fraud or through abuse of a victim's vulnerability) PORNOGRAPHY, IN
EXCHANGE FOR MONEY, PROFIT OR ANY OTHER CONSIDERATION OR WHERE
THE PARTICIPATION IS CAUSED OR FACILITATED BY ANY MEANS AS STATED
IN SECTION 3(A)(2); OR IN SEXUAL INTERCOURSE OR LASCIVIOUS CONDUCT
CAUSED OR FACILITATED BY ANY MEANS, LIKEWISE, STATED IN SECTION
3A}(2).

(L) [9] Debt Bondage - refers to the pledging by the debtor of [his/her] ONE'S
Personal services or labor or those of a person under [his/her] ONE’S control as security
or payment for a debt, when the length and nature of services |is} ARE not clearly
Gefined or when the value of the services as reasonably assessed is not applies toward
tne liquidation of the debt.

{M) Ih] Pomography - refers to any representation, through publication. exhibition,
Gnematography, indecent shows, information tecanology, or by whatever means of a
Person engaged in reai or simulated explicit sexual activities or any representation of the
‘sexual parts of a person for primarily sexual purposes


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(N) [ Councit - shall mean the inter-Agency Council Against Trafficking created

under Section 20 of this Act.”

"Section 4. Acts INVOLVING [of] Trafficking in Persons. - It shall be unlawful for

any person, natural of juridical, to commit any of the following acts:

{A)TO TRAFFIC IN PERSONS;

(B)TO TRAFFIC IN PERSONS INDIRECTLY IN ANY OF THE FOLLOWING
WAYS:

(1) 10 ACT FOR ANY PURPOSE AS STATED IN SECTION XA}3) BY (i)
DIRECTLY OR INDIRECTLY GETTING ANY OTHER PERSON OR PERSONS,
WITH OR WITHOUT KNOWLEDGE OF A PURPOSE STATED IN SECTION
3{AX3), TO PERFORM ANY ACT STATED IN SECTION XAX1), AND {ii)
DIRECTLY OR INDIRECTLY GETTING ANY OTHER PERSON OR PERSONS,
WITH OR WITHOUT KNOWLEDGE OF THE PURPOSE STATED iN SECTION
3{AX3), AND TO PERFORM ANY MEANS IN SECTION 3(A)(2) - WHERE THE
ACT AND THE MEANS CONCERN THE SAME VICTIM; OR

(2) TO COOPERATE iN THE COMMISSION OF TRAFFICKING IN PERSONS,
FOR ANY PURPOSE IN SECTION 3(A\3}, BY PERFORMING ANY OTHER
ACT WITHOUT WHICH THE TRAFFICKING WOULD NOT HAVE BEEN
ACCOMPLISHED, OR BY DIRECTLY OR INDIRECTLY GETTING ANY OTHER
PERSON — WHETHER OR NOT THE OTHER PERSON ACTS ALONE - TO
PERFORM ANY ACT WITHOUT WHICH THE TRAFFICKING WOULD NOT
HAVE BEEN ACCOMPLISHED.

(3) TRAFFICKING IN PERSONS, WHETHER DIRECTLY OR INDIRECTLY
INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING ACTS:

a. To recruit, transport, transfer, harbor, provide, or receive a person by any
means, including these done unde: the pretext of domestic or overseas
‘employment or training or apprenticeship, for the purpose of prostitution.
pomography, sexual exploitation. forced labor, slavery, involuntary servitude
or debt bondage;

xxx

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SEC. 3. Sections 5 paragraph (b). 6 paragraph (d), 7 and 8 af Republic Act No. 9208 are hereby
amended to read as follows

“Section 5. Acts that Promote Trafficking in Persons. - The following acts which
Promote or facilitate trafficking in persons, shail be unlawful:

{ayxxx

{b) To produce, print and issue or distribute unissued, tampered or fake
counseling cettificates, registration stickers, OVERSEAS EMPLOYMENT
CERTIFICATES OR OTHER [and] certificates of any government agency which issues
these certificates, DECALS and [stickers] SUCH OTHER MARKERS as proof of
compliance with government regulatory and pre-departure requirements for the
purpose of promoting trafficking in persons;

Xxx

“Section 6. Quakfied Trafficking in Persons. - [The following] VOLATIONS OF
SECTION 4 OF THIS ACT [are] SHALL BE considered as qualified trafficking,

XXX

(@) When the offender is A SPOUSE, an ascendant, parent, sibling, guardian or a
person who exercises authority over the trafficked person or when the offense is
committed by a public officer or employee:

XxX

{8 When the offender is a member of the military or iaw enforcement agencies:
fang]

(g) When by reason or on occasion of the act of trafficking in persons, the offended
party dies, becomes insane, suffers mutilation or is afflicted with Human
immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS). £J

(H) WHEN THE OFFENDER COMMITS ONE OR MORE VIOLATIONS OF
SECTION 4 OVER A PERIOD OF SIXTY (60) OR MORE DAYS, WHETHER THOSE
DAYS ARE CONTINUOUS OR NOT; AND


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() WHEN THE OFFENDER DIRECTS OR THROUGH ANOTHER MANAGES
THE TRAFFICKING VICTIM IN CARRYING OUT THE EXPLOITATIVE PURPOSE OF
TRAFFICKING.”

“Section 7. Confidentiality. - At any stage of the investigation, RESCUE,
prosecution and trial of an offense under this Act, law enforcement officers, prosecutors,
judges, court personnel and medical practitioners, as well as parties to the case, shall
PROTECT [recognize] the right to privacy of the trafficked person [and the accused]
Towards this end, law enforcement officers, prosecutors and judges to whom the
complaint has been referred may, whenever necessary to ensure a fair and impartial
proceeding, and after considering alt circumstances for the best interest of the parties.
order a closed-door investigation, prosecution or trial. The name and personal
circumstances of the trafficked person [or of the accused}, ar any other information
tending to estabiish [their identities and such circumstances or information] THE
IDENTITY OF THE TRAFFICKED PERSON shall not be disclosed to the public.

{In cases when prosecution or trial is conducted behind closed-doors, i] IT shail be
unlawful for any editor, publisher, and reporter or columnist in casa of printed materials,
announeer or producer in case of television and radio, producer and director of a film in
case of the movie industry. or any person utilizing tr-media facilities or information
technology to cause publicity of [any case of trafficking in persons] THE NAME AND
PERSONAL CIRCUMSTANCES OF THE TRAFFICKED PERSON OR ANY OTHER
INFORMATION TENDING TO ESTABLISH THE IDENTITY OF THE TRAFFICKED
PERSON, IN ASSOCIATION WITH THE CASE OR WITH BEING VICTIMIZED BY OR
OTHERWISE INVOLVED IN TRAFFICKING IN PERSONS, UNLESS (i) A COURT,
WITH DUE CONSIDERATION OF THE CURRENT AND FUTURE WELFARE OF THE
TRAFFICKED PERSON, ISSUES AN ORDER ALLOWING IT; (ii) THE TRAFFICKED
PERSON KNOWINGLY AND VOLUNTARILY AGREES, IN A DULY NOTARIZED
WRITTEN STATEMENT, TO ALLOW {T; OR (Ili) SUCH INFORMATION IS
KNOWINGLY AND VOLUNTARILY PUBLISHED BY THE TRAFFICKED PERSON.
PROVIDED, THAT IN ALL CIRCUMSTANCES WHEN THE VICTIM IS A MINOR SUCH
PUBLICATION SHALL BE PROHIBITED.”

‘Section 8, INITIATION AND PROSECUTION OF CASES.

(A) INITIATION OF INVESTIGATION. - LAW ENFORCEMENT AGENCIES ARE
MANDATED TO IMMEDIATELY INITIATE INVESTIGATION AND COUNTER-

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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) Prosecution of Cases. - Any persan who has personal knowledge of the
commission of any offense under this Act, the trafficked person, the parents, souse
siblings, children or legat guardian may file a complaint for trafficking,

(C) 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
ANDO MANIFEST OBJECTIONS TO MOTIONS FOR DISMISSAL.

ANY ACT INVOLVING THE MEANS PROVIDED IN SECTION 3(A){2) OR ANY
ATTEMPT THEREOF FOR THE PURPOSE OF SECURING AN AFFIDAVIT OF
DESISTANCE FROM THE COMPLAINANT SHALL BE PUNISHABLE UNDER THIS
ACT.”

SEC. 4. Sections 10, 11 and 12. of Republic Act No. $208 are hereby amended to ‘ead as

follows:

“Section 10. Penalties and Sanctions. - The follawing penalties and sanctions are
hereby established for the offenses enumerated in this Act PROVIDED THAT THE
PROBATION LAW (PRESIDENTIAL DECREE NO. 968) SHALL NOT APPLY:

Ifa) Any person found guilty of committing any of the acts enumeratec in Section 4
shall suffer the penalty of imprisonment of twenty (20) years and a fine of 101 less than
One million pesos (P1,000,600.00) 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 5
shail suffer the penalty of imprisonment of fifteen (15) years and a fine of not iess than
Five hundred thousand pesos (P500,000.00) but net more than One milion pesos
{P 1,000,000. 00)


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{c) Any person found guitty of qualified trafficking under Section 6 shall suffer the
penalty of fife imprisonment and a fine of not less than Two milfon pesos
{P2,000,000,00) but not more than Five miltion pesos (P5,000.000.00);

(d) Any person who violates Section 7 hereof shall suffer the penalty of
imprisonment of six (8) years and a fine of not fass than Five hundred thousand pesos
(P500,000,00) but not more than One million pesos (P1,000,000.00)]

{A) ANY PERSON FOUND GUILTY OF VIOLATING SECTION 4 SHALL
SUFFER, FOR EACH VIOLATION, THE PENALTY OF RECLUSION TEMPORAL IN
ITS MAXIMUM PERIOD TO RECLUSION PERPETUA 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) : - PROVIDED THAT, WHEN THE VIOLATION IS
CONSIDERED QUALIFIED TRAFFICKING UNDER SECTION 6, THE PERSON
SHALL SUFFER, FOR EACH QUALIFIED OFFENSE, THE PENALTY OF RECLUSION
PERPETUA 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);

(B) ANY PERSON FOUND GUILTY OF VIOLATING SECTION 4-A, 4B OR 4-C
SHALL BE PENALIZED ACCORDING TO THE REVISED PENAL CODE FOR THE
APPROPRIATE OFFENSE: PROVIDED, THAT THE FINE FOR ANY ACT
DESCRIBED IN SECTION 4-A, 4-B OR 4-C SHALL NOT BE LESS THAN FIVE
HUNDRED THOUSAND PESOS (P500,000.00) BUT SHALL NOT BE MORE THAN
ONE MILLION PESOS (P1,000,000.00);

(C) ANY PERSON FOUND GUILTY OF VIOLATING SECTION 5 SHALL
SUFFER THE PENALTY OF RECLUSION TEMPORAL IN ITS MINIMUM TO MEDIUM
PERIOD AND A FINE OF NOT LESS THAN FIVE HUNDRED THOUSAND PESOS
(P500,000.00) BUT NOT MORE THAN ONE MILLION PESOS (P,000,000.00);

{D) ANY PERSON FOUND GUILTY OF VIOLATING SECTION 7 SHALL
SUFFER FOR EACH VIOLATION, THE PENALTY OF ARRESTO MAYOR TO
PRISION CORRECCIONAL IN ITS MINIMUM PERIOD AND A FINE OF NOT LESS
THAN ONE HUNDRED THOUSAND PESOS (P100,000.00) BUT NOT MORE THAN
THREE HUNDRED THOUSAND PESOS (P300,000.00);

(E) ANY PERSON FOUND GUILTY OF VIOLATING THE ACT PUNISHABLE
UNDER SECTION 8(C) FOR THE PURPOSE OF SECURING AN AFFIDAVIT OF


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DESISTANCE SHALL BE PENALIZED AS WOULD AN ACCESSORY TO THE
OFFENSE OR OFFENSES CHARGED IN THE COMPLAINT;

(F) ANY PUBLIC OFFICIAL FOUND TO HAVE VIOLATED THIS ACT SHALL BE
DISMISSED FROM SERVICE AND SHALL SUFFER PERPETUAL ABSOLUTE
DISQUALIFICATION TO HOLD PUBLIC OFFICE, IN ADDITION TO IMPRISONMENT
OR A FINE THAT MAY BE IMPOSED PURSUANT TO THE PROVISIONS OF THIS
act;

(G) {(e)) If the offender is a corporation, partnership, association. <lub.
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 af the crime or who shall have knowingly permitted or failed to prevent its
commission;

[0] IN ADDITION, {The] 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 af entertainment
shali be cancelled and revoked permanently. The owmer, president, partner or marager
thereof shall not be allowed to operate similar establishments in a different name:

{H) [(g) If the offender is a foreigner, he] ANY FOREIGNER FOUND TO HAVE
VIOLATED THIS ACT shali be immediately deported after serving [his] sentence and
‘SHALL be barred permanently from entering the country;

(1) ty] 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 individuais or
groups, who fail to observe the prescribed procedures and the requirement as provided
for by (aws, rules and regulations, shalt be heid administratively liable, without prejudice
to criminal liability under this Act. The concemed government officiat or employee shali,
upon conviction, be dismissed from the service and be barred permanently to hatd public
office[. Hismer] AND SHALL FOREFEIT retirement and other benefits (shall likewise be
forfeited] and

(J) (0) Conviction by final judgment of the] AN adopter for any offense under this
Act shall result in the immediate rescission of the decrae of adoption.”

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"Section 11. Use of Trafficked Persons. - Any person who buys or engages the
services of A trafficked person{s] for prostitution shalt be penalized {as follows.] WITH
THE FOLLOWING, PROVIDED, THAT THE PROBATION LAW {PRESIDENTIAL
DECREE NO. 968} SHALL NOT APPLY:

{(2) First offense - six (6) months of community service as may be determined by
the court and a fine of Fifty thousand pesos (P50,000.00); and

(b) Second and subsequent offenses - imprisonment of one (1) year and a fine of
One hundred thousand pesos (P100,000.00).]

(A) PRISION CORRECCIONAL IN STS MAXIMUM PERIOD TO PRISION MAYOR
AND A FINE OF NOT LESS THAN FIFTY THOUSAND PESOS (P50,000.00) BUT NOT
MORE THAN ONE HUNDRED THOUSAND PESOS (P100,000.00), PROVIDED
HOWEVER THAT THE FOLLOWING ACTS SHALL BE EXEMPTED THERETO:

(1) IF AN OFFENSE UNDER PARAGRAPH (A) INVOLVES SEXUAL

INTERCOURSE OR LASCIVIOUS CONDUCT WITH A CHILD, THE PENALTY
SHALL BE RECLUSION TEMPORAL IN ITS MEDIUM PERIOD TO
RECLUSION PERPETUA 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);

(2) IF AN OFFENSE UNDER PARAGRAPH (A) INVOLVES CARNAL
KNOWLEDGE OF, OR SEXUAL INTERCOURSE WITH, A MALE OR
FEMALE TRAFFICKING VICTIM AND ALSO INVOLVES THE USE OF
FORCE OR INTIMIDATION, TO A VICTIM DEPRIVED OF REASON OR TO
AN UNCONSCIOUS VICTIM, OR A VICTIM UNDER TWELVE YEARS OF
AGE, INSTEAD OF THE PENALTY PRESCRIBED IN THE SUBPARAGRAPH
ABOVE THE PENALTY SHALL BE A FINE OF NOT LESS THAN ONE
MILLION PESOS (P1,000,000.00) BUT NOT MORE THAN FIVE MILLION
PESOS (P5,000,000.00) AND IMPRISONMENT OF RECLUSION PERPETUA
WITH NO POSSIBILITY OF PAROLE; EXCEPT THAT IF A PERSON
VIOLATING PARAGRAPH (A) OF THIS SECTION KNOWS THAT THE
PERSON THAT PROVIDE PROSTITUTION SERVICES IS IN FACT A VICTIM
OF TRAFFICKING, THE OFFENDER SHALL NOT SE LIKEWISE PENALIZED
UNDER THIS SECTION BUT UNDER SECTION 10 AS A PERSON
VIOLATING SECTION 4; AND IF IN COMMITTING SUCH AN OFFENSE THE
OFFENDER ALSO KNOWS A QUALIFYING CIRCUMSTANCE FOR
TRAFFICKING, THE OFFENDER SHALL BE PENALIZED UNDER SECTION

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40 FOR QUALIFIED TRAFFICKING. (F IN VIOLATING THIS SECTION THE
OFFENDER ALSO VIOLATES SECTION 4, THE OFFENDER SHALL GE
PENALIZED UNDER SECTION 10 FOR SECTION 4 TRAFFICKING
VIOLATION AND, IF APPLICABLE, FOR QUALIFIED TRAFFICKING
INSTEAD OF UNDER THIS SECTION.

{C) DEPORTATION. — \F A FOREIGNER COMMITS ANY OFFENSE
DESCRIBED BY PARAGRAPH (A) OR (B) OF THIS SECTION OR MOLATES
PARAGRAPH {C) OF THIS SECTION AS AN ACCOMPLICE OR ACCESSORY TO,
OR BY ATTEMPTING, ANY SUCH OFFENSE, HE SHALL BE IMMEDIATELY
DEPORTED AFTER SERVING HIS SENTENCE AND BE BARRED PERMANENTLY
FROM ENTERING THE COUNTRY.

{D) PUBLIC OFFICIAL. - \F THE OFFENDER IS A PUBLIC OFFICIAL, HE
SHALL BE DISMISSED FROM SERVICE AND SHALL SUFFER PERPETUAL
ABSOLUTE DISQUALIFICATION TO HOLD PUBLIC OFFICE, IN ADDITION TO ANY
{IMPRISONMENT OR FINE RECEIVED PURSUANT TO ANY OTHER PROVISION OF
THIS ACT.”

“Section 12. Prescriptive Period. - Trafficking cases under this Act shall prescribe
in ten (10) years: Provided, however, That trafficking cases committed by a syndicate or
in a tame scale as defined under Section 6, OR AGAINST A CHILD, shall prescribe in
‘twenty (20) years.

“The prescriptive period shat! commence to run from the day on which the trafficked
person is delivered or released from the conditions of bondage, OR IN THE CASE OF A
CHILD VICTIM, FROM THE DAY THE GHILD REACHES THE AGE OF MAJORITY,
and shall be interrupted by the filing of the complaint or information ard shall commence
to run again when [such] THE proceedings terminate without the accused being
convicted or acquitted or are unjustifiably stopped for any reason not imputable to the
accused.”

SEC. 5. Section 16 of Republic Act Nc. 9208 is hereby amended and a new Section 16-A is
inserted to read as follows

“Section 16. Programs that Address Trafficking in Persans, - Ths government shall
establish and implement preventive, pretective and rehabilitative programs for trafficked

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persons. For this purpose, the following agencies are hereby mandated to implement the
following programs

fa) 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 THE TRAFFICKERS, REPRESENT THE INTEREST IN ANY CRIMINAL
INVESTIGATION OR PROSECUTION, AND ASSIST IN THE APPLICATION FOR
SOCIAL BENEFITS OR REGULAR IMMIGRATION STATUS AS MAY BE ALLOWED
OR CONFERRED BY THE HOST COUNTRY.

The DFA shail take necessary measures for the efficient implementation of the
[Machine Readable Passports] ELECTRONIC PASSPORTING SYSTEM to protect the
integnty of Philippine passports, visas and cther travel documents to reduce the
incidence of trafficking through the use of fraudulent identification documents.

IN COORDINATION WITH THE DEPARTMENT OF LABOR AND
EMPLOYMENT, THE DEPARTMENT OF FOREIGN AFFAIRS (DFA) SHALL PROVIDE
FREE TEMPORARY SHELTERS AND OTHER SERVICES TO FILIPINO VICTIMS OF
TRAFFICKING OVERSEAS THROUGH THE FILIPINOS RESOURCE CENTERS
ESTABLISHED OVERSEAS UNDER REPUBLIC ACT NO. 8042, AS AMENDED.

(0) Department of Social Welfare and Development (DSWD) ~ shall implement
rehabiltative and protective programs for trafficked persons. It shall:

(1.) Plplrovide PSYCHOLOGICAL SUPPORT AND counseting [and] TO
TRAFFICKED PERSONS:

(2.) PROVIDE FREE temporary shelterS AND FACILITIES FOR THE
PROTECTION AND HOUSING OF [to] trafficked persons; [and]

{3.) Did]evelop a system fer accreditation among NGOs for purposes of
establishing centers and programs for intervention in various levels of
the community;

{4.) PROVIDE SAFE AREAS FOR PROCESSING RESCUED VICTIMS;

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(&.) PROVIDE 24-HOUR HELP LINE FOR CRISIS CALLS; AND

(6) COORDINATE WITH LOCAL LAW ENFORCEMENT ENTITIES,
THE DEPARTMENT OF JUSTICE, AND OTHER RELEVANT
GOVERNMENT OFFICES.

(c) Department of Labor and Employment (DOLE) - shall ensure the strict
implementation and compliance with the rules ard guidelines relative to the amployment
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 (D4) - shall eneure 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 assistarce for
tafficked persons, in coordination with the DSWD, Integrated Bar of the Philippines (IBP)
and other NGOs and volunteer groups

(e) [National] PHILIPPINE Commission on {the Role of Filipine]. Women
[NCRFW)} PCW shall actively participate and coordinate in the formulaticn 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 irtemational advocacy for women's issues.

()) Bureau of immigration {B1) - shall strictly administer and enforce immigration
ana alien administration laws. 't shall adopt measures for the apprehension of suspected
traffickers both at the place of arrival and departure and shall ensure compliance by the
Filipino fiancésfancées and spouses of foreign nationals with the guidance and
counseling requirement as provided for in this Act

(9) Philippine National Police (PNP) AND NATIONAL BUREAU OF
INVESTIGATION (NBI) - shail be the prmary law enforcement agenclESly] to undertake
surveillance, investigation and arrest of individcals or persons suspected to be engaged
in trafficking, it shall closely coordinate with various law enforcement agencies fo secure
concerted efforts for effective investigation and apprehension of suspected traffickers. It
shall aiso establish a system to receive compizints and calls to assist trafficked persons
and conduct rescue operations.

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(h) Philippine Overseas Employment Adm nistration (POEA) - shall implement an
effective pre-employment orientation seminars and pre- departure counseling programs
te applicants for overseas employment. it shall Ikewise formulate a system of providing
‘ee legal assistance to trafficked persons, IN COORDINATION WITH THE
DEPARTMENT OF FOREIGN AFFAIRS.

(i) Department of the Interior and Local Goverment (DILG) - shat institute a
systematic information and prevention campaign IN COORDINATION WITH OTHER
AGENCIES OF GOVERNMENT AS PROVIDED FOR IN THIS ACT. [and likewise
maintain a databank for the effective monitoring, documentation and prosecution of
cases on trafficking in persons]. 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.

{J) COMMISSION ON FILIPINOS OVERSEAS - SHALL CONDUCT PRE-
DEPARTURE COUNSELING SERVICES FOR FILIPINOS. IT SHALL DEVELOP A
SYSTEM FOR ACCREDITATION OF NON-GOVERNMENT ORGANIZATIONS THAT
MAY BE MOBILIZED FOR PURPOSES OF CONDUCTING THESE SERVICES.
PURSUANT THERETO, 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.

1T SHALL LIKEWISE ASSIST IN THE CONDUCT OF INFORMATION
CAMPAIGNS AGAINST TRAFFICKING iN COORDINATION WITH LOCAL
GOVERNMENT UNITS, THE PHILIPPINE INFORMATION AGENCY, AND NON-
GOVERNMENT ORGANIZATIONS.

{K) [j} Local government units (LGUs) - shall monitor and document cases of
trafficking in persons in their areas of jurisdiction, effect the cancellation ef licenses of
establishments which violate the provisions of this Act and ensure effective prosecution
of such cases. They shalt also undertake an information campaign against trafficking in
persons through the establishment of the Migrants Advisory and Information Network
(MAIN) desks in munici
Information Agency (PIA), Commission on Filipinos Overseas (CFO), NGOs and other

ies or provinces in coordination with DILG, Philippine

concemed agencies. They shall encourage and support community based initiatives

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which address the trafficking in persons.

In implementing this Act, the agencies concemed may seek and enlist the
assistance of NGOs, people's organizations (POs), civic organizations and cther
volunteer groups.

SECTION. 16-A. ANTLTRAFFICKING IN PERSONS DATABASE. - AN ANTI-
TRAFFICKING IN PERSONS CENTRAL DATABASE SHALL BE ESTABLISHED BY
THE INTER-AGENCY COUNCIL AGAINST TRAFFICKING CREATED UNDER
SECTION 20 OF THIS ACT. THE COUNCIL SHALL SUBMIT A REPORT TO THE
PRESIDENT OF THE PHILIPPINES AND TO CONGRESS, ON OR BEFORE
JANUARY 15 OF EVERY YEAR, WITH RESPECT TO THE PRECEEDING YEAR'S
PROGRAMS AND DATA ON TRAFFICKING- RELATED CASES.

ALL GOVERNMENT AGENCIES TASKED UNDER THE LAW TO UNDERTAKE
PROGRAMS AND RENDER ASSISTANCE TO ADDRESS TRAFFICKING IN
PERSONS SHALL DEVELOP THEIR RESPECTIVE MONITORING AND DATA
COLLECTION SYSTEMS, AND DATABASES, FOR PURPOSES OF ENSURING
EFFICIENT COLLECTION AND STORAGE OF DATA ON CASES OF TRAFFICKING
IN PERSONS HANDLED BY THEIR RESPECTIVE OFFICES. SUCH DATA SHALL BE
SUBMITTED TO THE COUNCIL FOR INTEGRATION IN A CENTRAL DATABASE
SYSTEM.

FOR THIS PURPOSE, THE COUNCIL IS HEREBY TASKED TO ENSURE THE
HARMONIZATION AND STANDARDIZATION OF DATABASES, INCLUDING
MINIMUM DATA REQUIREMENTS, DEFINITIONS, REPORTING FORMATS, DATA
COLLECTION SYSTEMS, AND DATA VERIFICATION SYSTEMS, SUCH
DATABASES SHALL HAVE, AT THE MINIMUM, THE FOLLOWING INFORMATION:

(1) THE NUMBER OF CASES OF TRAFFICKING IN PERSONS, SORTED
ACCORDING TO STATUS OF CASES, INCLUDING THE NUMBER OF
CASES BEING INVESTIGATED, SUBMITTED FOR PROSECUTION,
DROPPED, AND FILED OR PENDING BEFORE THE COURTS;

(2) THE PROFILEANFORMATION ON EACH CASE;

(3) THE NUMBER OF VICTIMS OF TRAFFICKING IN PERSONS REFERRED
TO THE AGENCY BY COUNTRIES/AREAS AND BY AREA OF ORIGIN;
AND

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(4) DISAGGREGATED DATA ON TRAFFICKING VICTIMS AND THE
ACCUSED.”

SEC. 6, Section 17 of Republic Act No. 9208 is hereby amended to read as follows:

“Section 17. Legal Protection ftof FOR Trafficked Persons. - IN ADDITION TO
PROTECTION PROVIDED BY LAW, VICTIMS OF TRAFFICKING SHALL:

{A) [Trafficked persons shall] BfbJe recognized as victims of the act or acts of
trafficking and as such shall not be penalized for crimes directly related to the acts of
trafficking enumerated in this Act or in obedience to the order made by the trafficker in
relation thereto. in this regard. the consent of a trafficked person to the intended
exploitation set forth in this Act shall be irrelevant;

(B) BE ENTITLED TO TAKE REFUGE IN ANY DSWD OFFICE OR CITY OR
MUNICIPAL SOCIAL WELFARE AND OEVELOPMENT OFFICE. THESE OFFICES
SHALL AUTOMATICALLY TAKE PROTECTIVE CUSTODY OF ANY CHILD WHO IS
BELIEVED, BASED ON SUBSTANTIAL EVIDENCE UPON INITIAL INVESTIGATION,
TO HAVE BEEN EXPLOITED THROUGH ANY OF THE UNLAWFUL ACTS
DESCRIBED IN SECTIONS 4, 5, OR 11 HEREIN. IN THE PERFORMANCE OF THIS
DUTY, THE SAID OFFICE SHALL EXERCISE DISCRETION OVER THE CHILD'S
WELFARE, INCLUDING THE DISCRETION TO RELEASE, OR TO REFUSE TO
RELEASE, THE CHILD TO THE CHILD'S PARENT OR GUARDIAN, WITH DUE
CONSIDERATION FOR THE CHILD’S BEST INTEREST.

(C) BE ENTITLED, UPON PROPER PETITION, TO THE ISSUANCE OF A
PROTECTION ORDER FOR THE PURPOSE OF PREVENTING VIOLENCE,
HARASSMENT, INTIMIDATION, OR BRIBERY, OR TO FACILITATE THE
OPPORTUNITY AND ABILITY TO RECOVER FROM, OR TO PURSUE LEGAL
REMEDIES FOR SUCH CRIME. A PROTECTION ORDER ISSUED UNDER THIS ACT
SHALL BE ENFORCED BY LAW ENFORCEMENT AGENCIES. PROTECTION
ORDERS THAT MAY BE ISSUED UNDER: THIS ACT ARE BARANGAY PROTECTION
ORDERS (SPOS), TEMPORARY PROTECTION ORDERS (TPOS), AND PERMANENT
PROTECTION ORDERS (PPOS). THE ISSUANCE OF A BPO OR PENDENCY OF AN
APPLICATION FOR A BPO SHALL NOT PRECLUDE A PETIIONER FROM
APPLYING FOR, OR A COURT FROM GRANTING, A TPO OR PPO. A BPO UNDER
THIS ACT MAY INCLUDE ONE OR MORE OF THE FORMS OF RELIEF INDICATED
IN SUBPARAGRAPHS (1}{3) BELOW. A TPO OR PPO UNDER THIS ACT MAY

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INCLUDE ANY ONE OR MORE OF THE FORMS OF RELIEF INDICATED IN
SUBPARAGRAPHS ({1)-(5) BELOW.

{{)ORDERING THE RESPONDENT TO ABSTAIN FROM DIRECTLY OR
INDIRECTLY CONTACTING, COMMUNICATING WITH, THREATENING,
HARASSING OR ANNOYING AN ALLEGED VICTIM OF TRAFFICKING
OR ANY OTHER PERSON ASSOCIATED WITH OR RELATED TO THE
ALLEGED VICTI

(2)ORDERING THE RESPONDENT TO STAY AWAY, AT A SPECIFIED
DISTANCE, FROM AN ALLEGED VICTIM OF TRAFFICKING OR ANY
OTHER PERSON ASSOCIATED WITH OR RELATED TO THE ALLEGED
VICTIM, OR FROM ANY SPECIFIED PLACE FREQUENTED BY THE
ALLEGED VICTIM OR ANY OTHER PERSON ASSOCIATED WITH OR
RELATED TO THE ALLEGED VICTIM;

{3)ORDERING THE RESPONDENT TO REFRAIN FROM USING, OR TO
SURRENDER TO THE ISSUING AUTHORITY FOR APPROPRIATE
DISPOSITION, ANY FIREARM OR DEADLY WEAPON, OR TO BE
DISQUALIFIED FROM POSSESSING OR USING ANY FIREARM OR
DEADLY WEAPON INCLUDING, WITHOUT LIMITATION, REVOCATION OF
SUCH LICENSE OR DISQUALIFICATION FROM OBTAINING SUCH
LICENSE;

{4)ORDERING THE RESPONDENT TO PROVIDE RESTITUTION FOR ANY
ACTUAL DAMAGES THAT PETITIONER CAUSED AN ALLEGED
TRAFFICKING IN PERSON VICTIM, INCLUDING BUT NOT LIMITED TO
LOST OR DAMAGED PROPERTY, LOST INCOME, AND MEDICAL
EXPENSES; OR

(5)ORDERING ANY OTHER RELIEF AS DEEMED NECESSARY TO PROTECT
AND TO PROVIDE FOR THE SAFETY AND WELL-BEING OF AN
ALLEGED TRAFFICKING IN PERSON VICTIM, INCLUDING (WITHOUT
LIMITATION) PROTECTING AND PROVIDING FOR THE SAFETY AND
WELL-BEING OF ANY OTHER PERSON ASSOCIATED WITH OR
RELATED TO THE ALLEGED VICTIM, PROVIDED THAT THE ALLEGED
VICTIM AND ANY DESIGNATED PERSON ASSOCIATED WITH OR
RELATED TO THE ALLEGED VICTIM CONSENTED TO SUCH RELIEF.

A BPO, TPO, OR PPO UNDER THIS SECTION MAY BE OBTAINED BY ANY

PERSON AUTHORIZED TO PETITION FOR A PROTECTIVE ORDER UNDER R.A.
9262 (WITH THE “OFFENDED PARTY” FOR PURPOSES OF THIS SECTION BEING

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LIMITED TO AN ALLEGED VICTIM OF TRAFFICKING IN ACCORDANCE WITH THE
MECHANISM PRESCRIBED IN R.A. 9262. ANY ALLEGED VICTIM OF
TRAFFICKING, WHETHER MALE OR FEMALE, MAY BE THE BENEFICIARY OF A
PROTECTIVE ORDER UNDER THIS SECTION. ANY VIOLATION OF AN ORDER
ISSUED PURSUANT TO THIS SECTION SHALL BE PUNISHED ACCORDING TO
THE PENALTY PROVIDED UNDER R.A. 9262. NOTHING IN ANY ORDER ISSUED
PURSUANT TO THIS SECTION SHALL LIMIT THE AUTHORITY OF SOCIAL
WELFARE AND DEVELOPMENT OFFICES, AS TO THE AUTHORITY DESCRIBED IN
FARAGRAPH {8} OF THIS SECTION.

IN ADDITION TO THE FOREGOING PROTECTION ORDERS, THE
INVESTIGATING PROSECUTOR HANDLING THE COMPLAINT FOR VIOLATION OF
THIS ACT MAY ISSUE AN INTERIM PROTECTION ORDER (IPO) THAT WOULD
EXTEND THE SOCIAL WELFARE AND DEVELOPMENT OFFICE’S CUSTODY OF
THE VICTIM OR POTENTIAL VICTIM, UNDER PARAGRAPH (B} OF THIS SECTION,
FOR A PERIOD OF 60 DAYS FOR THE PURPOSE OF CARRYING OUT AN
INVESTIGATION: PROVIDED, THAT (i) THE IPO SHALL BE ISSUED ONLY UPON
DETERMINATION THAT THERE IS THREAT TO THE LIFE AND SAFETY OF THE
VICTIM OR POTENTIAL VICTIM; THE VICTIM OR POTENTIAL VICTIM IS IN
POSSESSION OF INFORMATION OR EVIDENCE THAT IS MATERIAL TO THE
TRAFFICKING CASE; AND (iii) SUCH DECISION SHALL BE MADE BASED ON
CONSULTATION WITH THE VICTIM OR POTENTIAL VICTIM, THE SOCIAL
WORKER HANDLING THE CASE, AND IF POSSIBLE AND DESIRABLE, THE
FAMILY OF THE VICTIM OR POTENTIAL VICTIM.

(D) IRRELEVANCE OF PAST SEXUAL BEHAVIOR OF VICTIMS. - THE PAST
SEXUAL BEHAVIOR OF A TRAFFICKED PERSON 1S IRRELEVANT AND
INADMISSIBLE FOR THE PURPOSE OF PROVING CONSENT, ESTABLISHING THE
CREDIBILITY OR LACK OF iT, OR THAT THE VICTIM WAS ENGAGED IN OTHER
SEXUAL BEHAVIOR, OR TO PROVE THE DISPOSITION, SEXUAL OR OTHERWISE,
OF SUCH TRAFFICKED PERSON.

(E) IMMUNITY FROM SUIT. - NO ACTION, SUIT, PROSECUTION OR OTHER
PROCEEDINGS SHALL BE BROUGHT, INSTITUTED, OR MAINTAINED iN ANY
COURT OR BEFORE ANY OTHER AUTHORITY AGAINST; {A} ANY LAW
ENFORCEMENT OFFICER; {B) ANY SOCIAL WORKER; (C) ANY PERSON,
LAWFULLY ACTING IN COMPLIANCE WITH ANY DIRECTION OR ORDER OF A
LAW ENFORCEMENT OFFICER OR A SOCIAL WORKER FOR LAWFUL ACTS
DONE OR STATEMENTS MADE DURING AUTHORIZED RESCUE OPERATION,

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INVESTIGATION, OR PROSECUTION OF AN ANTI-TRAFFICKING CASE:
PROVIDED, THAT SUCH ACTS ARE MADE IN GOOD FAITH.”

SEC. 7. Section 20 of Republic Act No. 9208 is hereby amended to read as follows:

“Sec. 20. Inter-Agency Council Against Trafficking. - There is hereby established
an Inter-Agency Council Against Trafficking. to be composed of the Secretary of 2he
Department of Justice as Chairperson and the Secretary of the Department of Social
Welfare and Development as Co-Chairperscn and shall have the following as members:

(aj Secretary. Department of Foreign Affairs:

tb) Secretary. Department of Labor and Employment

ic) Administrator, Philippine Overseas Employment Administration
(d) Commissioner, Bureau of Immigration.

{et Director-General, Philippine National Police

(f) Chairperson. [National Commission on the Role ef Filipino Woren]
PHILIPPINE COMMISSION ON WOMEN. and]

(g) EXECUTIVE DIRECTOR, PHILIPPINE CENTER FOR TRANSNATIONAL
CRIMES; AND

{H) Three (3) representatives from NGOs. {who shall be composed of} one (3)
representative each from [among] the secto’s representing women, overseas Fil:pino
workers (OFWs! and children. with a proven record of involvement in the prevention and
suppression of trafficking in persons These representatives shail be nominated by tne
govemiment agency representatives of the Councii. for appointment by the P-esiden: for
a term of three (3) years.

The members of the Council may designate their permanent representatives [who shai
have a rank not lower than an assistant secretary or its equivatent to rreetings.] and
shail receive emolurnents as Tay be determined by the Council in accordance with

existing budget and accounting rules and regulations.

SEC. 8. Section 22 of Republic Act No. 9208 is hereby amended to read as follows:

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“Section 22. Secretariat to the Council - The Department of Justice shail establish
the necessary Secretariat for the Counci. THE SECRETARIAT SHALL PROVIDE
SUPPORT FOR THE FUNCTIONS AND PROJECTS OF THE COUNCIL.

THE SECRETARIAT SHALL BE HEADED BY AN EXECUTIVE DIRECTOR,
WHO SHALL BE APPOINTED BY THE SECRETARY OF THE DEPARTMENT OF
JUSTICE UPON THE RECOMMENDATION OF THE COUNCIL. THE EXECUTIVE
DIRECTOR MUST HAVE ADEQUATE KNOWLEDGE ON, TRAINING AND
EXPERIENCE IN THE PHENOMENON OF AND ISSUES INVOLVED IN TRAFFICKING
1N PERSONS AND IN THE FIELDSOF LAW, ‘LAW ENFORCEMENT, SOCIAL WORK,
CRIMINOLOGY, OR PSYCHOLOGY

THE EXECUTIVE DIRECTOR SHALL BE UNDER THE SUPERVISION OF THE
IACAT THROUGH ITS CHAIRPERSON AND CO-CHAIRPERSON, AND SHALL
PERFORM THE FOLLOWING FUNCTIONS:

(A) ACT AS SECRETARY OF THE COUNCIL AND ADMINISTRATIVE
OFFICER OF ITS SECRETARIAT;

{8} ADVICE AND ASSIST THE CHAIRPERSON IN FORMULATING AND
IMPLEMENTING THE OBJECTIVES, POLICIES, PLANS, AND
PROGRAMS OF THE COUNCIL, INCLUDING THOSE INVOLVING
MOBILIZATION OF GOVERNMENT OFFICES REPRESENTED IN THE
COUNCIL AS WELL AS OTHER RELEVANT GOVERNMENT OFFICES,
TASK FORCES, AND MECHANISMS;

(C) SERVE AS PRINCIPAL ASSISTANT TO THE CHAIRPERSON IN THE
OVERALL SUPERVISION OF COUNCIL ADMINISTRATIVE BUSINESS;

{9) OVERSEE ALL COUNGIL OPERATIONAL ACTIVITIES;

{E) ENSURE AN EFFECTIVE AND EFFICIENT PERFORMANCE OF COUNCIL
FUNCTIONS AND PROMPT IMPLEMENTATION OF COUNCIL
OBJECTIVES, POLICIES, PLANS, AND PROGRAMS;

(F) PROPOSE EFFECTIVE ALLOCATIONS OF RESOURCES FOR
IMPLEMENTING COUNCIL OBJECTIVES, POLICIES, PLANS, AND
PROGRAMS;

(G) SUBMIT PERIODIC REPORTS TO THE COUNCIL ON THE PROGRESS OF
COUNCIL OBJECTIVES, POLICIES, PLANS, AND PROGRAMS;

(4) PREPARE ANNUAL REPORTS OF ALL COUNCIL ACTIVITIES; AND

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() PERFORM OTHER OUTIES AS THE COUNCIL MAY ASSIGN.”

SEC. 9. Section 24, paragraph (a) of Republic Act No. $208 is hereby amendeo to read 8s
follows

“Section 24. Other Services for Trafficked Persons. —

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

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SEC. 10. Section 26 of Repubtic Act No. 9208 Is hereby amended and a new Section 26-A is
inserted to read as follows

section 26. Extradition. ~ The DOJ. 7 consultation with DFA, shail [endeavor
to] include offenses of trafficking in persons artorg extraditable offenses.”

“SECTION 26-A. EXTRA TERRITORIAL JURISDICTION. — THE STATE
SHALL EXERCISE JURISDICTION OVER ANY ACT DEFINED AND PENALIZED
UNDER THIS ACT, EVEN IF COMMITTED OUTSIDE THE PHILIPPINES AND
WHETHER OR NOT SUCH ACT OR ACTS CONSTITUTE AN OFFENSE AT THE
PLACE OF COMMISSION, IF THE SUSPECT OR ACCUSED:

(1) 1S A FILIPINO CITIZEN;
(2)1S A PERMANENT RESIDENT OF THE PHILIPPINES; OR
(3) HAS COMMITTED THE ACT AGAINST A CITIZEN OF THE PHILIPPINES.

NO CRIMINAL PROCEEDINGS MAY COMMENCE AGAINST ANY PERSON
UNDER THIS SECTION IF A FOREIGN GOVERNMENT, IN ACCORDANCE WITH
JURISDICTION RECOGNIZED BY THE PHILIPPINES, HAS PROSECUTED OR 1S
PROSECUTING SUCH PERSON FOR THE CONDUCT CONSTITUTING SUCH
OFFENSE, EXCEPT UPON THE APPROVAL OF THE SECRETARY OF JUSTICE.

THE GOVERNMENT MAY SURRENDER OR EXTRADITE PERSONS ACCUSED
OF TRAFFICKING IN THE PHILIPPINES TO THE APPROPRIATE INTERNATIONAL
COURT, IF ANY, OR TO ANOTHER STATE, PURSUANT TO APPLICABLE
EXTRADITION LAWS AND TREATIES.”

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SEC. 11. Section 28 of Republic Act No, 9208 is hereby amended to read as follows

Section 28. Funding.- [The heads of the departments and agencies concemed
snail immediately include in their programs and issue such rules and regulations to
implement the provisions of this Ac:. the funding of which shall be included in the
annual General Appropriations Act] THE AMOUNT NECESSARY TO IMPLEMENT
THE PROVISIONS OF THIS ACT SHALL BE CHARGED AGAINST THE CURRENT
YEAR'S APPROPRIATIONS OF THE INTER-AGENCY COUNCIL AGAINST
TRAFFICKING UNDER THE BUDGET OF THE DEPARTMENT OF JUSTICE AND
THE APPROPRIATIONS OF -THE OTHER CONCERNED DEPARTMENTS,
THEREAFTER, SUCH SUMS AS MAY BE NECESSARY FOR THE CONTINUED
IMPLEMENTATION OF THIS ACT SHALL SE INCLUDED IN THE ANNUAL
GENERAL APPROPRIATIONS ACT.

Section 11. If any part or provision of this Act is declared invalid or unconstitutional. the other
parts thereof not affected thereby shall remain valid,

Section 12, Articles 202 of the Revised Pena! Code as amended, and all laws, acts oresidential
decrees. executive orders, administrative orders, rules and regulations inconsistent with or contrary to

the provisions of this Act are deemed amended, nodified or repealed accordingly.

Section 13. Ths Act shall take effect fifteen (15) days after completion of its publication in two (2)

newspapers of general circulation.

Approved,

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House of Representatives
Committee Affairs Department

FACT SHEET

HOUSE BILL NO. __° 3
(in substitution of HB Nos. 258, 1705, 4212 and 4694)

ANACT
AMENDING REPUBLIC ACT NO. 9208 ENTITLED “AN ACT TO INSTITUTE POLICIES
TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN

invoduced by: REPRESENTATIVES MEL SENEN S. SARMIENTO, PRYDE HENRY A.
TEVES, SUSAN A. YAP, CINCHONA CRUZ-GONZALES, EMMANUEL D. PACQUIAO,
WALDEN F. BELLO, MARIA ISABELLE G. CLIMACO, MAXIMO B. RODRIGUEZ JR.
KARLO ALEXEI B. NOGRALES, RACHEL MARGUERITE B. DEL MAR, ERICO B
‘AUMENTADO, RODANTE D. MARCOLETA ,RUFUS 8. RODRIGUEZ, CESAR V.
SARMIENTO, LINABELLE RUTH R. VILLARICA, LORENZO R. TANADA Hi, MARIA
ZENAIDA 8. ANGPING AND MARLYN L_ PRIMICIAS-AGABAS

Committee Referral: COMMITTEE ON REVISION OF LAWS
Committee Chairperson. HON. MARLYN L. PRIMICIAS-AGABAS

OBJECTIVE:

« To strengthen the mechanisms for the protection and support of victims of
trafficking by further enumerating, specifying. and defining concerns and policies
of trafficking in persons as prescribed under Republic Act No. $208, known és”
Anti-trafficking in persons Act of 2003.

KEY PROVISIONS:

«Defines trafficking in persons as an act of recruiting, obtaining. maintaining,
offering, providing, receiving, transporting or transferring any natural person with
or without consent within or beyond national borders;

Elucidates that intimidation, threats, use of force, deceit, servitude and/or forced
fabor, abduction, bondage from debts abuse of power, sexual exploitation
among others as facets in determining trafficking in persons;

* Considers tampering, concealing or destruction of evidence or to influeyce
witnesses, or utilizes an office to Impede an investigation or prosecution in
trafficking as grave offense;

« Protects trafficked victims by ensuring confidentiality or concealment of identity;


Provides that trafficked in persons cases could not be dismissed by mere
execution of affidavit of desistance corollary thereto commands prosecutors to
manifest objection to any motion to quash, dismiss cases of trafficking in

persons;

Provides that past sexual behavior of a trafficked person shall be considered
inadmissible in evidence for the purpose of determining consent of the victim;

Imposes Fifteen (15) years imprisonment and fine of not less than Five Hundred
Thousand (500,000.00) but not more than One Million (1,000.000.00) Pesos to
any person found guilty of committing trafficking in person;

Provides twenty (20) years prescriptive period for cases involving minor victims
of trafficking;

Conducts pre-mariage counseling services for inter services for intermarriages
in coordination with Non-Govemment Organizations;

Directs the Philippine Overseas Employment Administration (POEA) in
coordination with other agencies to institute training programs for victims of
trafficking;

Establishes a central database for trafficking cases and concems;

‘Authorizes law enforcement agencies to hold in custody by issuing an inten
protection order to any person on a mefe suspicion that he/she is a victim of

trafficking,

Creates the Office of the Inter-Agency Council Against Trafficking under the
Department of Justice (D0);

Mandates the state to exercise extra territorial jurisdiction over cases of
trafficking committed outside the Philippines:

Provides funds to support the Inter-Agency Council Against Trafficking (ACAT),

created under Republic Act No. 9208 in order to shore-up its capabilities to meet

growing challenges in curbing the crime of trafficking in persons;

RELATED LAWS:

1987 Philippine Constitution

Anti-Trafficking in Persons Act (R.A. 9208)
Human Security Act of 2007 {RA 8371)
1948 Universal Declatation of Human Rights