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Republic Act No.

9208
(The Anti-Trafficking in Persons
Act of 2003)
Salient Features

INTERNATIONAL LAW &


CONVENTION

United Nations Convention Against


Transnational Organized Crime
(UNCTOC)

Protocol to Prevent, Suppress and Punish


Trafficking in Persons, Especially Women
and Children (Palermo Protocol)

INTERNATIONAL LAW &


CONVENTION

Universal Declaration of Human Rights

Convention on the Elimination of All Forms of Discrimination


against Women

Convention on the Rights of the Child and its Optional Protocols

ILO Convention No. 182 (Convention Concerning the Prohibition


and Immediate Action for the Elimination of the Worst Forms of
Child Labor)

Convention on the Protection of Migrant Workers and Members


of their Families

DOMESTIC LAWS

R.A. No. 9208 (The Anti-Trafficking in persons Act of 2003)

Other Relevant Laws:

Revised Penal Code


R.A. 8042 (Migrant Workers and Overseas Filipinos Act
of 1995)
R.A. 6955 (Mail Order Bride Law)
R.A. 8043 (The Inter-Country Adoption of 1995)

DOMESTIC LAWS

Other Relevant Laws:


R.A. 7610(Special Protection of Filipino Children Against
Abuse, Exploitation and Discrimination), as amended by R.A.
9231 (Anti-Child Labor Law)
R.A. 8239 (Philippine Passport Act of 1996)
R.A. 7170 (Organ Donation Act of 1991)
R.A. 9262 (Anti-Violence Against Women and Their Children
Act of 2004)

Definition of Trafficking in Persons


Trafficking in Persons

- refers to the recruitment, transportation,

transfer or harboring, or receipt of persons with or without the victims


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 control over another
person for the purpose of exploitation which includes at a minimum, the
exploitation or the prostitution of others or other forms of sexual
exploitation, forced labor or services, slavery, servitude or the removal or
sale of organs. (Section 3, par. a of RA No. 9208).

Definitions
Prostitution

- refers to any act, transaction, scheme or design

involving the use of a person by another, for sexual intercourse or


lascivious conduct in exchange for money, profit or any other
consideration.

Forced Labor and Slavery

refer to the extraction of


work or service 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.

Definitions
Debt Bondage

refers to the pledging by the debtor of his/her


personal service or labor or those of a person under his/her control as
security or payment for a debt, when the length and nature of services is
not clearly defined or when the value of the services as reasonably
assessed is not applied toward the liquidation of the debt.

Involuntary servitude

refers to a condition of enforced,


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 or another person would
suffer serious harm or other forms of abuse or physical restraint, or the
abuse or threatened abuse of the legal process.

Definitions
Sex Tourism

refers to a program organized by travel and 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.

Sexual Exploitation

refers to participation by a person in


prostitution or the production of pornographic materials as a result of
being subjected to a threat, deception, coercion, abduction, force, abuse
of authority, debt bondage, fraud or through abuse of a victims
vulnerability.

Definitions
Pornography

refers to any representation,


through publication, exhibition, cinematography,
indecent shows, information technology, or by
whatever means, of a person engaged in real or
simulated explicit sexual activities or any
representation of the sexual parts of a person
primarily for sexual purposes.

ELEMENTS OF
TRAFFICKING IN PERSONS
1)

Acts of

Recruitment
Transportation
Transfer or
harboring, or
Receipt of
person

with or without the victims


consent or knowledge, within or
across national borders

2) By means of -

3) For the purpose 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
control over another person

exploitation or prostitution
of others, or
other forms of
sexual
exploitation,
forced labor or
services,
slavery,
servitude or
the removal or
sale of organs.

CHILD TRAFFICKING
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 law

CHILD TRAFFICKING
Child refers to a person below 18 years of
age or one who is over 18 but is unable to
fully take care of or protect himself/herself
from abuse, exploitation, or discrimination
because of a physical or mental disability or
condition.

PUNISHABLE ACTS
Sec. 4

PENALTIES
Acts

Penalties

Qualified Trafficking in Persons

Life imprisonment and a fine of P2million to 5


million

Acts of Trafficking in Persons

20 years imprisonment and a fine of P1million to


2 million

Acts that Promote Trafficking in Persons

Violation of confidentiality

Use of trafficked Persons for Prostitution

15 years imprisonment and a fine of P500,000 to


1 million
6 years imprisonment and a fine of P500,000 to 1
million
1st offense: 6 months community service and a
fine of P50,000; subsequent offenses: 1 year
imprisonment and a fine of P100,000.

ACTS OF
TRAFFICKING IN PERSONS (TIP)
1) TIP in the pretext of domestic or overseas

employment

ACTS OF
TRAFFICKING IN PERSONS (TIP)
5) TIP for prostitution or pornography

ACTS THAT PROMOTES


TRAFFICKING IN PERSONS
1) Knowingly leasing or subleasing an establishment

ACTS THAT PROMOTES


TRAFFICKING IN PERSONS

5) Facilitating exit or entry of trafficking persons to/from international ai

QUALIFIED
TRAFFICKING IN PERSONS
1)

When the trafficked person is a child

2)

Adoption is effected through RA 8043 for the purpose of trafficking

3)

When crime is committed by a syndicate or in large scale.

4)

When the offender is an ascendant, parent, sibling, guardian, or a person


who exercises authority over a trafficked person or when offense is
committed by a public officer or employee

5)

When the trafficked person is recruited to engage in prostitution with any


member of the military

6)

When the offender is a member of the military or law enforcement


agencies

7)

When the trafficked person dies, becomes insane, suffers mutilation or is


afflicted with HIV-AIDS.

VIOLATION OF
CONFIDENTIALITY
a) Disclosure of victim or offenders identity

USE OF TRAFFICKED PERSONS


How Committed
a) The offender buys or engages the service of a
person for prostitution; and

b) The person used in prostitution is a trafficked


persons.

CASE FILING: WHO?

CASE FILING: WHERE?


1)

CASE FILING: AGAINST WHOM?


1)

CASE FILING: WHEN?


a

Rescue Within the Country


1.

Rescue Within the Country


4.

LEGAL PROTECTION
Sec. 17

PROGRAMS AND SERVICES FOR VICTIMS OF


TRAFFICKING
a)

Emergency Shelter or Appropriate Housing

b)

Counseling

c)

Legal Assistance under RA 8042

d)

Medical and Psychological services

e)

Livelihood and Skills training

f)

Educational assistance to trafficked Children

g)

Repatriation of trafficked Persons

h)

All forms of assistance necessary regardless of immigration status in the host


country

REHABILITATION AND REINTEGRATION


OF VICTIMS
Sec. 33

Procedure for the Implementation of the Comprehensive Progr

1.

Procedure for the Implementation of the Comprehensive Progr

4.

OTHER SALIENT PROVISIONS


OF RA 9208

Provides protection and assistance to trafficked persons who are foreign nationals

The Inter-Agency Council Against


Trafficking (IACAT)
MEMBERS

EX-OFFICIO MEMBERS

DOJ Chair

DILG

DSWD co-Chair

NBI

DFA

PCTC

DOLE
BI

Other concerned Agencies:

PNP

- DOT

- CWC

POEA

- DepEd

- PIA

NCRFW

- DOH

- TESDA

NGO: (ECPAT - Children)

- DOTC

- LGUs

NGO: (CATWAP -Women)

- CHR

NGO: OFW Sector

- OWWA

FUNCTIONS OF THE IACAT

IACAT

Website

www.iacat.net

Inter-Agency Council Against Trafficking


Department of Justice
Padre Faura, Ermita, Manila
IACAT- REGIONAL ANTI-TRAFFICKING TASK FORCE
Region V

Thank you!!!