HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILL No. 9651

Introduced by Rep. Bernadette Herrera-Dy

EXPLANATORY NOTE

In recent years, the advancements in technology have developed, and become more
pervasive than ever before. Today we are more connected, more open to express our
opinions, and more vulnerable at the same time.

By 2020, it is estimated that smartphone penetration alone will have reached at least
50.3% of our population.’ This does not yet count other forms of devices such as tablets,
computers, smart watches, etc.

The current platforms of connectivity, combined with This platform of online connectivity
creates a perfect cover for scrupulous individuals to perpetrate their crimes.

It has been only six years since the passage of RA 10364, amending RA 9208, or the
original anti-Trafficking in Persons law in the country. These laws held their own, and the
most recent amendment expanded the scope and increased the penalties significantly.

It is yet time to again amend that law, to bring it to this new technological age, and to
protect our citizens from potential online sexual exploitation and trafficking.

Filipino minors are most adept with the current state of technology, and are also the most
exposed to the risks and dangers of online exploitation. Online sexual exploitation of
children (OSEC) continues to be a serious threat to our children, where minors are
coerced, often by their own relatives, to perform sexual acts on the internet.

Asa result, online child abuse is now among the top cybercrimes in the Philippines.

In the same way the perpetrators of online child sexual exploitation rely on the
technological developments to further their illicit endeavors, so too can the law
enforcement officials rely on that technology to better identify, arrest, and prosecute them.
These technological solutions can reduce the amount of time it takes to identify
perpetrators and victims, and they can proactively remove child sexual exploitation and
abuse material.”

2 Statista, Share of mobile phone users that use a smartphone in the Philippines from 2014 to 2020,
[https://www.statista.com/statistics/570387 /philippines-smartphone-penetration/], accessed 24
November 2019.

2 UNODC, Online child sexual exploitation and abuse,

int ke
and-abuse.html},

cy
coessed 27 November 2019


Therefore, there is a need to modernize the law to better ensure that our law enforcers
are properly empowered. Hence, this bill.

This bill provides much needed tools in both prosecution and prevention of further harm
to victims. It enhances the ability of law enforcement agencies to use court-authorized
wiretaps in investigating online sexual exploitation. Hence, as this will allow law enforcers
to collect strong evidence, the need for the child to testify in court during trial may be
dispensed with preventing further trauma.

The fight against online sexual exploitation of children is a shared responsibilty of both
government and the general public. This bill seeks to tap the assistance of private
enterprises, which by the nature of their business activities may come into contact at the
first instance with a suspected trafficking situation. The intervention from private
enterprises can play a crucial role in the prevention of TIP and the protection of the victims.
These private enterprises, include internet service providers (ISPs) & telecommunication
companies, and tourism-oriented establishments, including hotels, resorts, inns, motels,
& other related facilities.

There is also a need to strengthen the membership of the Inter-Agency Council Against
Trafficking (IACAT), to complement the existing members in the full implementation of the
anti-trafficking act in the digital age. Hence this bill seeks to include as new members the:
1. Secretary, Department of Information and Communications Technology (DICT); 2.
Secretary, Department of Transportation (DOTr); 3. Administrator, Overseas Workers
Welfare Administrator (OWWA); and 4. Director, National Bureau of Investigation (NBI)..

Lastly, and more importantly, the bill will help support victim-survivors and provide more

resources to empower and assist victims-survivors in their recovery process by
institutionalizing existing programs on recovery and reintegration.

Lheuh,

BERNADETTE HERRERA-DY

Me

The approval of this bill is eamestly requested.



HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILL NO. 5651

Introduced by Rep. Bernadette Herrera-Dy

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 tnitiation 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.

1 FORMAL APPLICATION FOR JUDICIAL AUTHORIZATION. — THE CHIEF
OF THE PHILIPPINE NATIONAL POLICE OR THE DIRECTOR OF THE
NATIONAL BUREAU OF INVESTIGATION OR ANY OF THEIR DULY
AUTHORIZED _ REPRESENTATIVES, WHO HAS BEEN DULY
AUTHORIZED BY THE DEPARTMENT OF JUSTICE IN WRITING, MAY
SUBMIT EX PARTE APPLICATIONS FOR THE ISSUANCE OF WRITTEN


ORDERS FROM THE REGIONAL TRIAL COURT, TO TRACK DOWN,
INTERCEPT AND RECORD, ANY COMMUNICATIONS, CONVERSATIONS,
DISCUSSIONS, DATA, INFORMATION, OR MESSAGES, SPOKEN OR
WRITTEN, UPON EXAMINATION UNDER OATH OF THE APPLICANT AND
THE WITNESSES HE MAY PRODUCE TO ESTABLISH THAT THERE IS
PROBABLE CAUSE TO BELIEVE BASED ON PERSONAL KNOWLEDGE
OF FACTS OR CIRCUMSTANCES THAT: (A) THE CRIME OF
TRAFFICKING HAS BEEN COMMITTED, OR IS BEING COMMITTED, OR
1S 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 OUT.

EFFECTIVE PERIOD OF JUDICIAL AUTHORIZATION. - ANY
AUTHORIZATION GRANTED BY THE COURT PURSUANT TO THIS
SECTION SHALL ONLY BE EFFECTIVE FOR THE LENGTH OF TIME
SPECIFIED IN THE WRITTEN ORDER OF THE COURT, WHICH SHALL
NOT EXCEED A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF
RECEIPT BY THE APPLICANT POLICE OR LAW ENFORCEMENT
OFFICIAL OF THE WRITTEN ORDER.

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

IN CASE OF DEATH OF THE ORIGINAL APPLICANT, OR IN CASE HE IS
PHYSICALLY DISABLED TO FILE THE APPLICATION FOR EXTENSION
OR RENEWAL, THE ONE NEXT IN RANK TO THE ORIGINAL APPLICANT
AMONG THE MEMBERS OF THE TEAM NAMED IN THE ORIGINAL
WRITTEN ORDER OF THE COURT SHALL FILE THE APPLICATION FOR
EXTENSION OR RENEWAL: PROVIDED, THE APPLICANT POLICE OR
LAW ENFORCEMENT OFFICIAL SHALL HAVE THIRTY (30) DAYS AFTER
THE TERMINATION OF THE PERIOD 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


Vi.

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, 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,


Vil.

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
COMMUNICATIONS, MESSAGES, CONVERSATIONS, DISCUSSIONS, OR
SPOKEN OR WRITTEN WORDS (INCLUDING ANY OF THE EXCERPTS
AND SUMMARIES THEREOF AND ANY OF THE NOTES OR
MEMORANDA MADE IN CONNECTION THEREWITH) AS EVIDENCE.

EVIDENTIARY VALUE OF DEPOSITED MATERIALS. — ANY LISTENED TO,
INTERCEPTED, AND RECORDED COMMUNICATIONS, MESSAGES,
CONVERSATIONS, DISCUSSIONS, OR SPOKEN OR WRITTEN WORDS,
OR ANY PART OR PARTS THEREOF, OR ANY INFORMATION OR FACT
CONTAINED THEREIN, INCLUDING THEIR EXISTENCE, CONTENT,
SUBSTANCE, PURPORT, EFFECT, OR MEANING, WHICH HAVE BEEN
SECURED IN VIOLATION OF THE PERTINENT PROVISIONS OF THIS
ACT, SHALL ABSOLUTELY NOT BE ADMISSIBLE AND USABLE AS
EVIDENCE AGAINST ANYBODY IN ANY JUDICIAL, QUASI-JUDICIAL,
LEGISLATIVE, OR ADMINISTRATIVE INVESTIGATION, INQUIRY,
PROCEEDING, OR HEARING.

"(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.

ALL ISPS SHALL INSTALL AVAILABLE TECHNOLOGY, PROGRAM OR
SOFTWARE TO ENSURE THAT ACCESS TO OR TRANSMITTAL OF ANY FORM
OF CHILD PORNOGRAPHY WILL BE BLOCKED OR FILTERED.

AN ISP WHO SHALL KNOWINGLY, WILLFULLY AND INTENTIONALLY VIOLATE
THIS PROVISION SHALL BE SUBJECT TO THE PENALTY PROVIDED UNDER
SECTION 10(H) OF THIS ACT.

THE DEPARTMENT OF JUSTICE (DOJ), WITH THE NATIONAL
TELECOMMUNICATIONS COMMISSION (NTC), AND SUCH OTHER RELEVANT
GOVERNMENT AGENCIES, SHALL PROMULGATE WITHIN NINETY (90) DAYS
FROM THE EFFECTIVITY OF THIS ACT THE NECESSARY RULES AND
REGULATIONS FOR THE IMPLEMENTATION OF THIS PROVISION WHICH
SHALL INCLUDE, AMONG OTHERS, THE INSTALLATION OF FILTERING
SOFTWARE THAT WILL BLOCK ACCESS TO OR TRANSMISSION OF ANY
FORM OF CHILD TRAFFICKING, CHILD PORNOGRAPHY, OR SEXUAL
EXPLOITATION OF CHILDREN.



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.

1 Republic Act No. 9593 The Tourism Act of 2009 defines "Tourism enterprises” as facilties, services
and attractions involved in tourism, such as, but not limited to: travel and tour services; tourist
transport services, whether for land, sea or air transportation; tour guides; adventure sports; services
involving such sports as mountaineering, spelunking, scuba diving, and other sports activities of
significant tourism potential; convention organi i ir

im st_inns,_m n sta
operators; tourism estate management services, restaurants, shops and department stores, sportsand
recreational centers, spas, museums and galleries, theme parks, conventioncenters and zoos;
(Section 4[p])



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

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

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

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

"(a) Any person found guilty of committing any of the acts enumerated in Section 4
shall suffer the penalty of imprisonment of twenty (20) years and a fine of not less
than One million pesos (P1,000,000.00) but not more than Two million pesos
(P2,000,000.00);

"(b) Any person found guilty of committing any of the acts enumerated in Section 4-A
of this Act shall suffer the penalty of imprisonment of fifteen (15) years and a fine of
not less than Five hundred thousand pesos (P500,000.00) but not more than One
million pesos (P'1,000,000.00);

"(c) Any person found guilty of Section 4-B of this Act shall suffer the penalty of
imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand
pesos (P500,000.00) but not more than One million pesos (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 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 (F1,000,000.00);

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

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

“(g) ANY APPLICANT POLICE OR LAW ENFORCEMENT OFFICIAL AND THE
MEMBERS OF HIS TEAM AUTHORIZED TRACK DOWN, INTERCEPT AND
RECORD, ANY COMMUNICATIONS, CONVERSATIONS, DISCUSSIONS, DATA,
INFORMATION, OR MESSAGES, SPOKEN OR WRITTEN, UNDER SECTION 8
HEREOF SHALL BE PENALIZED FOR THE PROHIBITED ACTS THEREIN:


Vi.

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 Ill THEREOF;

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

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

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

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

IN ADDITION TO THE LIABILITY OF THE OFFENDER FOR THE
COMMISSION OF ANY OTHER OFFENSE, THE PENALTY OF TEN (10)
YEARS AND ONE (1) DAY TO TWELVE (12) YEARS OF
IMPRISONMENT AND THE ACCESSORY PENALTY OF PERPETUAL
ABSOLUTE DISQUALIFICATION FROM PUBLIC OFFICE SHALL BE
IMPOSED UPON ANY POLICE OR LAW 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:

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

“(k) The registration with the Securities and Exchange Commission (SEC) and
license to operate of the erring agency, corporation, association, religious group, tour
or travel agent, club or establishment, or any place of entertainment shall be
cancelled and revoked permanently. the owner, president, partner or manager
thereof shall not be allowed to operate similar establishments in a different name;

“(L) If the offender is a foreigner, he or she shall be immediately deported after
serving his or her sentence and be barred permanently from entering the country;

*(M) Any employee or official of government agencies who shall issue or approve the
issuance of travel exit clearances, passports, registration certificates, counseling
certificates, marriage license, and other similar documents to persons, whether
juridical or natural, recruitment agencies, establishments or other individuals or
groups, who fail to observe the prescribed procedures and the requirement as
provided for by laws, rules and regulations, shall be held administratively liable,
without prejudice to criminal liability under this Act. the concemed government official
or employee shall, upon conviction, be dismissed from the service and be barred
permanently to hold public office. his or her retirement and other benefits shall
likewise be forfeited; and

*(N) Conviction, by final judgment of the adopter for any offense under this Act shall
result in the immediate rescission of the decree of adoption.”

Section 3. Section 16 of Republic Act No. 9208 is hereby amended to read as follows:

“SECTION 16. Programs that Address Trafficking in Persons. - The government
shall establish and implement preventive, protective and rehabilitative programs for


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

“(a) Department of Foreign Affairs (DFA) — shall make available its resources and
facilities overseas for trafficked persons regardless of their manner of entry to the
receiving country, and explore means to further enhance its assistance in eliminating
trafficking activities through closer networking with government agencies in the
country and overseas, particularly in the formulation of policies and implementation of
relevant programs. It shall provide Filipino victims of trafficking overseas with free
legal assistance and counsel to pursue legal action against his or her traffickers,
represent his or her interests in any criminal investigation or prosecution, and assist
in the application for social benefits and/or regular immigration status as may be
allowed or provided for by the host country. The DFA shall repatriate trafficked
Filipinos with the consent of the victims. (a)

“The DFA shall take necessary measures for the efficient implementation of the
Electronic Passporting System to protect the integrity of Philippine passports, visas
and other travel documents to reduce the incidence of trafficking through the use of
fraudulent identification documents.

“In coordination with the Department of Labor and Employment, it shall provide free
temporary shelters and other services to Filipino victims of trafficking overseas
through the migrant workers and other overseas Filipinos resource centers
established overseas under Republic Act No. 8042, as amended. (n)

*(b) Department of Social Welfare and Development (DSWD) — shall implement
rehabilitative and protective programs for trafficked persons. It shall provide
counseling and temporary shelter to trafficked persons and develop a system for
accreditation among NGOs for purposes of establishing centers and programs for
intervention in various levels of the community. It shall establish free temporary
shelters, for the protection and housing of trafficked persons to provide the following
basic services to trafficked persons: (a)

(1) Temporary housing and food facilities; (n)

(2) Psychological support and counseling; (n)

(3) 24-hour call center for crisis calls and technology-based counseling and
referral system; (n)

(4) Coordination with local law enforcement entities; and (n)

(5) Coordination with the Department of Justice, among others. (n)

The DSWD must conduct information campaigns in communities and schools
teaching parents and families that receiving consideration in exchange for
adoption is punishable under the law. Furthermore, information campaigns
must be conducted with the police that they must not induce poor women to
give their children up for adoption in exchange for consideration. (n)

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

*(d) Department of Justice (DOJ) — shall ensure the prosecution of persons accused
of trafficking and designate and train special prosecutors who shall handle and
prosecute cases of trafficking. It shall also establish a mechanism for free legal


assistance for trafficked persons, in coordination with the DSWD, Integrated Bar of
the Philippines (IBP) and other NGOs and volunteer groups.

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

“(f) Bureau of Immigration (Bl!) — 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,
Givil 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 govemment units, in coordination with the Council, 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)

“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, TAX! 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.

“(Q) 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 concemed 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:

"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;

“(j) Commissioner, Bureau of Immigration;

"G) Chief, Philippine National Police;

*(k) Chairperson, Philippine Commission on Women;

“(l) Chairperson, Commission on Filipinos Overseas;

"(m) Executive Director, Philippine Center for Transnational Crimes;

“(N) DIRECTOR, NATIONAL BUREAU OF INVESTIGATION; AND

"(W) 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;

(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;

(j) Complement the shared government information system for migration established
under Republic Act No. 8042, otherwise known as the "Migrant Workers and
Overseas Filipinos Act of 1995" with data on cases of trafficking in persons, and
ensure that the proper agencies conduct a continuing research and study on the
patterns and scheme of trafficking in persons which shall form the basis for policy
formulation and program direction;

(k) Develop the mechanism to ensure the timely, coordinated, and effective response
to cases of trafficking in persons;

(I) Recommend measures to enhance cooperative efforts and mutual assistance
among foreign countries through bilateral and/or multilateral arrangements to prevent
and suppress intemational trafficking in persons;

(m) Coordinate with the Department of INFORMATION AND Transportation and
Communications TECHNOLOGY (DOC 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
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

(6) 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.”