(NAR) VOL. 15 NOS. 1-2 / JANUARY - MARCH 2004
- Universal Declaration of Human Rights;
- Convention for the Suppression of the Traffic in Persons and Exploitation of the Prostitution of Others;
- Convention on the Elimination of All Forms of Discrimination Against Women;
- Convention on the Rights of the Child and its Optional Protocols;
- Convention on the Protection of Migrant Workers and Members of their Families;
- United Nations Convention Against Transnational Organized Crimes including its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children;
- ILO Convention No. 182 (Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor; and
- All other relevant and universally accepted human rights instruments and other International conventions to which the Philippines is a State Party.
- Act — refers to Republic Act No. 9208, otherwise known as the "Anti-Trafficking in Persons Act of 2003";
- Council — refers to the Inter-Agency Council Against Trafficking (IACAT) created under Section 20 of the Act;
- Trafficking in Persons — refers to the recruitment, transportation, transfer or harboring, or receipt of persons, with or without the 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 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.
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.- Child — refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition;
- 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 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;
- 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 victim's vulnerability;
- Debt Bondage — refers to the pledging by the debtor of his/her personal services 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;
- 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; and
- 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.
- Secretary, Department of Justice (DOJ) as Chairperson;
- Secretary, Department of Social Welfare and Development (DSWD) as Co-Chairperson;
- Secretary, Department of Foreign Affairs (DFA) as Member;
- Secretary, Department of Labor and Employment (DOLE) as Member;
- Administrator, Philippine Overseas Employment Administration (POEA) as Member;
- Commissioner, Bureau of Immigration (BI) as Member;
- Director-General, Philippine National Police (PNP) as Member;
- Chairperson, National Commission on the Role of Filipino Women (NCRFW) as Member;
- One (1) representative from an NGO representing the women sector as Member;
- One (1) representative from an NGO representing the Overseas Filipino Workers (OFWs) sector as Member; and
- One (1) representative from an NGO representing the children sector as Member.
- Formulate a comprehensive and integrated program to prevent and suppress the trafficking in persons;
- Promulgate rules and regulations as may be necessary for the effective implementation of the Act;
- Monitor and oversee the strict implementation of the Act;
- Coordinate the programs and projects of the various member agencies to effectively address the issues and problems attendant to trafficking in persons;
- Coordinate the conduct of massive information dissemination and campaign on the existence of the law and the various issues and problems attendant to trafficking through the local government units (LGUs), concerned agencies, and NGOs;
- Direct other agencies to immediately respond to the problems brought to their attention and report to the Council on action taken;
- Assist in filing of cases against individuals, agencies, institutions or establishments that violate the provisions of the Act;
- 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;
- 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 the Act;
- 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;
- Develop the mechanism to ensure the timely, coordinated and effective response to cases of trafficking in persons;
- Recommend measures to enhance cooperative efforts and mutual assistance among foreign countries through bilateral and/or multilateral arrangements to prevent and suppress international trafficking in persons;
- Coordinate with the Department of Transportation and Communications (DOTC), Department of Trade and Industry (DTI), and other NGOs in monitoring the promotion of advertisement of trafficking in the Internet;
- Adopt measures and policies to protect the rights and needs of trafficked persons who are foreign nationals in the Philippines;
- Initiate training programs in identifying and providing the necessary intervention or assistance to trafficked persons; and
- Exercise all the powers and perform such other functions necessary to attain the purposes and objectives of the Act.
- Coordinate and monitor, under the direction of the Council, the implementation of the policies and guidelines promulgated by the Council;
- Establish, maintain and manage a central database on trafficking in persons;
- Provide secretariat, records keeping and other services to the Council; and
- Perform such other functions as may be directed by the Council.
- Develop policies and programs supportive of and consistent with the objectives of the Act;
- Enhance the capability of its officers and personnel involved in trafficking issues and concerns through appropriate training and staff support programs;
- Undertake information, education and advocacy campaigns against trafficking in persons;
- Maintain a databank on trafficking in persons to be shared among relevant agencies and complement the central databank to be established by the Council; and
- Document good practices as bases for policy formulation and program development.
(a) Department of Justice (DOJ):
- Ensure the prosecution of persons for violations of the Act;
- Designate and train special prosecutors who shall investigate and prosecute cases of trafficking;
- Establish a mechanism for free legal assistance for trafficked persons, in coordination with the DSWD, Commission on Human Rights (CHR), Integrated Bar of the Philippines (IBP), NGOs and volunteer groups;
- Provide witness protection to trafficked victims and their witnesses;
- Conduct training and continuing education program on investigation and prosecution of trafficking in persons cases and other related offenses for prosecutors and law enforcement officers;
- Receive, evaluate, process and investigate claims for compensation by trafficked victims, when applicable, pursuant to Republic Act No. 7309 (Victims Compensation Act);
- Review and recommend policies and measures to enhance protection against trafficking in persons;
- Recommend the negotiation of mutual legal assistance and extradition treaties with other countries in coordination with the DFA; and
- Coordinate with and/or provide assistance to the Anti-Money Laundering Council (AMLC) on cases of trafficking in persons with possible money laundering underpinnings.
(b) Department of Social Welfare and Development (DSWD):
- Provide psycho-social counseling, temporary shelter and other support services to victims/survivors of trafficking and their families;
- Make available skills training and livelihood services to victims/survivors of trafficking;
- Develop program and other support interventions to facilitate the recovery and reintegration of trafficked victims into their families and communities;
- Provide social welfare services to Filipino victims of trafficking in other countries through the DSWD Social Welfare Attaché and social workers posted in foreign countries, which may include but not limited to stress management, repatriation and other appropriate psychosocial interventions for their protection and welfare;
- Conduct technical assistance and capability building activities for social welfare officers/social workers of LGUs and NGOs;
- Accredit NGOs that provide programs and services to ensure that they meet the standards set by the Department; and
- Provide temporary shelter and psycho-social services to foreign nationals who are victims of trafficking in persons as confirmed by the Bureau of Immigration.
(c) Department of Foreign Affairs (DFA):
- Make available its resources and facilities overseas and provide services for trafficked persons regardless of the manner of their entry to the receiving country;
- 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;
- Actively participate in bilateral, regional and international initiatives and cooperative arrangements aimed at suppressing trafficking in persons and protecting and assisting victims of trafficking to include monitoring of inter-country adoption cases.
- Take necessary measures for the efficient implementation of the Machine Readable Passports and Visas to protect the integrity of Philippine passports, visas and other travel documents to reduce the incidence of trafficking in persons through the use of fraudulent identification documents;
- Establish and implement pre-marriage, on-site and pre-departure counseling program on inter-marriages. For this purpose, the DFA shall promulgate the necessary guidelines to implement the said program; and
- Integrate into the pre-departure orientation seminars for foreign service personnel a training module on trafficking in persons.
(d) Department of Labor and Employment (DOLE):
- Ensure the strict implementation of and compliance with rules and guidelines relative to the employment of persons locally and overseas;
- Monitor, document and report cases of trafficking in persons involving employers and labor recruiters;
- Make available existing resources such as employment and livelihood programs as part of the government's measure to suppress trafficking in persons; and
- Conduct public awareness programs and activities to prevent victimization.
(e) Philippine Oversees Employment Administration (POEA):
- Implement an effective pre-employment orientation seminar and pre-departure counseling program to applicants for overseas employment;
- Formulate a system providing free legal assistance to trafficked persons which shall include the following:
(a) Provision of legal assistance to victims of trafficking in persons by means of, or in the guise of, recruitment for overseas employment, as defined in Section 6 of R.A. No. 8042, such as free legal advice, and assistance in the preparation and filing of administrative and criminal actions for trafficking as defined in the Act, without prejudice to the filing of administrative and/or criminal actions for illegal recruitment, as defined in R.A. No. 8042, when proper; and
(b) Assistance in the prosecution of persons who engage in, promote and facilitate trafficking in persons by means of, or in the guise of, recruitment for overseas employment, as defined in Section 6 of R.A. 8042;
In this connection, the POEA shall likewise adopt a policy of confidentiality in all cases referred to it involving possible violations of the Act.- Adopt policies and procedures, and develop and implement programs, geared towards the eradication of trafficking in persons as well as acts that promote trafficking in persons such as, but not limited to, the following:
(a) Comprehensive and Integrated Education Program on overseas employment which shall be undertaken in partnership with other relevant organizations and government entities. Such education program shall cover all stages of recruitment and employment and shall provide information useful for overseas workers including a module on anti-trafficking programs and measures;
(b) Nationwide multi-media and sustainable grassroots information campaign to create public awareness on the realities of overseas employment and dangers of becoming victims of illegal trafficking activities;
(c) Special operations, complementary to the power of the PNP, on persons and entities engaged in recruitment for overseas employment reported to be violating the provisions of the Act for the purpose of effecting closure of said establishments pursuant to the provisions of R.A. No. 8042; and
(d) Database of cases involving, and personalities involved in, trafficking persons, separate and distinct from its illegal recruitment cases for monitoring purposes.- In cases of repatriation involving workers recruited and deployed by licensed agencies, notify the agency concerned to provide a plane ticket or Prepaid Travel Advice (PTA) and impose sanctions on said agencies for failure to cooperate in providing welfare assistance to OFWs they have deployed; and
- Continue to regulate private sector participation in the recruitment and overseas placement of workers through its licensing and registration system pursuant to its rules and regulations on overseas employment. It shall formulate and implement, in coordination with appropriate entities concerned, when necessary, a system of promoting and monitoring the overseas employment of Filipino workers, taking into consideration their welfare and protection from the dangers and risks inherent in overseas employment, including illegal trafficking.
(f) Bureau of Immigration (BI):
- Strictly administer and enforce immigration and alien registration laws;
- Adopt measures for the apprehension of suspected traffickers both at the place of arrival and departure;
- Ensure compliance by the Filipino fiancés/fiancees and spouses of foreign nationals with the pre-departure and counseling program requirement of the Act;
- Strictly implement the requirement for a parental travel authority duly processed by the DSWD for minors traveling abroad unaccompanied by one parent, and the travel clearance for minors traveling abroad unaccompanied by both parents;
- Ensure compliance by Overseas Filipino Workers of the departure requirements of the POEA;
- Conduct periodic training and seminar on fraudulent document detection and passenger assessment to enhance the level of skills and competence of all its immigration officers and agents in document fraud detection;
- Conduct periodic study of the trends, routes and modus operandi employed by the traffickers including its recruitment base, transit countries and countries of destination;
- Establish a network with other law enforcement agencies and immigration counterparts of source, transit and destination countries to facilitate exchange and sharing of information on the activities of trafficking syndicates;
- Establish network with LGUs for the effective apprehension of suspected traffickers and their cohorts;
- Develop a program for the procurement and installation of International Civil Aviation Organization (ICAO) — compliant machine readers and fraud detection equipment at all international airports and seaports in the country; and
- Develop and distribute materials containing advisory and other pertinent information to enhance awareness against trafficking in persons.
(g) Philippine National Police (PNP):
- Undertake surveillance, investigation and arrest of individuals or persons suspected to be engaged in trafficking;
- Coordinate closely with various law enforcement agencies to secure concerted efforts for effective investigation and apprehension of suspected traffickers. For this purpose, it shall also:
(a) Pursue the detection and investigation of suspected or alleged trafficking activities at airports through its Aviation Security Group, at seaports and/or harbors through its Maritime Group, and at land transportation terminals through its police station and when appropriate, file the appropriate charges against the traffickers in the proper court;
(b) Coordinate with the Philippine Ports Authority (PPA) which may have initially processed complaints at their "Balay Silungan sa Daungan" and with NGOs working on trafficking in persons in ports; and
(c) Coordinate with local and barangay officials with respect to the apprehension and/or arrest of traffickers.- Establish a system for receiving complaints and calls to assist trafficked persons, and the conduct of rescue operations;
- Direct and supervise the enforcement of its mandate under the Act and its rules and regulations;
- Supervise the conduct of investigations relating to apprehension occurring at land transportation terminals, domestic seaports and airports and monitor the filing of appropriate cases against the traffickers;
- Formulate plans and programs for the prevention and/or reduction of trafficking in persons;
- Integrate in the program of instruction comprehensive, gender sensitive and child-friendly investigation and handling of cases of trafficking in persons in the Philippine National Police Academy (PNPA), Philippine Public Safety College (PPSC) and other training schools operated and managed by the PNP; and
- Establish anti-trafficking section under the Women and Children Complaint Desks (WCCD) in all city and municipal police stations.
(h) National Commission on the Role of Filipino Women (NCRFW):
- Actively advocate and participate in international and regional discussion and initiatives in trafficking in women and include the same in all of its international commitments and policy pronouncements. Where possible and appropriate, work with the Department of Foreign Affairs in forging bilateral and multilateral collaborative projects on trafficking;
- Assist the Council in the formulation and monitoring of policies addressing the issue of trafficking in persons in coordination with relevant government agencies;
- Assist the Council in the conduct of information dissemination and training to frontline government agencies, NGOs and the general public;
- Assist in the development of gender responsive documentation system in coordination with other agencies and the National Statistical Coordination Board (NSCB) through its monitoring of the situation of women particularly on violence against women;
- Assist the Council in the formulation of prevention and reintegration programs for victims of trafficking including the demand side; and
- Conduct studies on the root causes, magnitude and forms of trafficking in women and document best practices in prevention programs.
(a) Department of the Interior and Local Government (DILG):
- Conduct a systematic information dissemination/advocacy and prevention campaign against trafficking in persons;
- Maintain a databank for the effective monitoring, documentation and prosecution of cases on trafficking in persons;
- Issue directives to the LGUs and barangays to institutionalize recruiter-monitoring mechanisms and increase public awareness regarding trafficking in persons;
- Promote family and community empowerment to prevent trafficking in persons; and
- Strengthen, activate and mobilize existing committees, councils, similar organizations and special bodies at the local level to prevent and suppress trafficking in persons.
(b) Department of Tourism (DOT):
- Formulate and implement preventive measures to stop sex tourism packages and other activities of tourism establishments which might contribute to the trafficking in persons in coordination with local government units; and
- Provide training to tourist security officers on surveillance, investigation and rescue operation strategies.
(c) Department of Education (DepEd):
- Integrate in the appropriate subject areas core messages on migration and trafficking in the elementary and secondary levels by providing lesson with emphasis on their implications and social costs to persons and country;
- Provide opportunities for trafficked persons in the educational mainstream through the basic education and non-formal education curricula; and
- Provide education and raise consciousness of boys/men in schools and communities in order to discourage the "demand side" or the use/buying of trafficked women and children.
(d) Department of Health (DOH):
- Make available its resources and facilities in providing health care to victims of trafficking which shall, at all times, be held confidential.
(e) Department of Transportation and Communication (DOTC):
- Provide guidelines for the land, sea and air transport providers to train their personnel in trafficking in persons;
- Standardize guidelines for monitoring trafficking in persons in every port; and
- Monitor the promotion of advertisement of trafficking in the Internet.
(f) Commission on Human Rights (CHR):
- Conduct advocacy and training programs relating to anti-trafficking;
- Investigate and recommend for prosecution violations of the Act;
- Provide free legal aid to victims of trafficking and other assistance under the human rights protection services;
- Integrate anti-trafficking efforts in the Barangay Human Rights Action Center (BHRAC); and
- Monitor government compliance to international human rights treaty obligations related to the suppression/elimination of trafficking, particularly the Convention for the Suppression of Traffic in Persons and Exploitation of the Prostitution of Others, the Convention on the Elimination of All Forms of Discrimination Against Women, the Convention on the Rights of the Child, the Convention on the Protection of Migrant Workers and Members of Their Families, and the UN Convention Against Transnational Organized Crimes including its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.
(g) National Bureau of Investigation (NBI):
- Conduct surveillance, monitor and investigate recruiters, travel agencies, hotels and other establishments suspected to be engaged in trafficking in persons;
- Coordinate closely with all the Council member agencies for the effective detection and investigation of suspected traffickers;
- Formulate plans and programs for the detection and prevention of trafficking, and the arrest and prosecution of suspected traffickers;
- Share intelligence information on suspected traffickers to all Council member agencies, when necessary; and
- Foster cooperation and coordination with the law enforcement agencies of other countries and the INTERPOL in the investigation and apprehension of suspected traffickers.
(h) Philippine Center on Transnational Crime (PCTC):
- Undertake strategic researches on the structure and dynamics of trafficking in persons with transnational crime dimension, predict trends and analyze given factors for the formulation of individual and collective strategies for the prevention and detection of trafficking in persons and the apprehension of criminal elements involved; and
- Serve as the focal point in international law enforcement coordination on trafficking in persons particularly with the INTERPOL.
(i) Overseas Workers Welfare Administration (OWWA):
- Assist in the information and advocacy campaign among OFWs to prevent trafficking in persons;
- Assist in the documentation of cases of trafficking and ensure the provision of its programs and services to OFWs and their families; and
- Include a module on trafficking in its pre-departure seminar.
(j) Council for the Welfare of Children (CWC):
- Integrate in its development and strategic frameworks issues and concerns affecting trafficking in children and ensure the adoption of such frameworks by the LGUs and other stakeholders;
- Vigorously advocate against trafficking of children;
- Improve data on trafficking in children through integration of critical and relevant indicators into the monitoring system for children;
- Adopt policies and measures that will protect and promote the rights and welfare of children victims of trafficking and coordinate and monitor their implementation; and
- Address issues on trafficking of children through policy and program interventions.
(k) Philippine Information Agency (PIA); and
- Enhance public awareness on trafficking in persons, pertinent laws and possible actions to prevent victimization and re-victimization by developing public advocacy program as well as printing and distributing appropriate information materials.
(l) Technical Education and Skills Development Authority (TESDA);
- Provide skills and entrepreneurial training to trafficked victims; and
- Formulate a special program to ensure the provision of appropriate skills training for trafficked victims.
- Monitor and document cases of trafficked persons in their areas of jurisdiction;
- Effect the cancellation of licenses of establishments which violate the provisions of the Act and ensure its effective prosecution;
- Undertake an information campaign against trafficking in persons through the establishment of the Migrants Advisory and Information Network (MAIN) desks in municipalities, cities and provinces in coordination with the DILG, PIA, Commission on Filipino Overseas (CFO), NGOs and other concerned agencies;
- Encourage and support community based initiatives which address trafficking in persons;
- Provide basic social services for the prevention, rescue, recovery, rehabilitation and reintegration/after care support services to victims of trafficking in persons and their families;
- Enact ordinances or issuances aimed at providing protection and support to trafficked persons and adopt measures to prevent and suppress trafficking in persons; and
- Strengthen, activate and mobilize existing committees, councils, similar organizations and special bodies at the provincial, city, municipal and barangay levels to prevent and suppress trafficking in persons.
- Assist government agencies in formulating and implementing policies, programs and IEC campaign against trafficking;
- Assist in capability-building activities of government personnel and share their experiences and expertise in handling trafficking cases;
- Coordinate with concerned government agencies, LGUs and other NGOs in reporting alleged perpetrators, rescuing victims of trafficking, and conducting investigation/surveillance, if indicated;
- Undertake programs and activities for the prevention, rescue, recovery and reintegration of the victims of trafficking and other support services for their families;
- Document and/or assist in the documentation of cases of trafficking;
- Disseminate guidelines to all its network members, local and international, on policies and programs addressing issues on tracking in persons;
- Formulate educational module to address the demand side of trafficking; and
- Perform such other tasks as may be agreed upon by the Council.
- Conduct of rescue operation of trafficked persons shall be properly coordinated with the concerned agencies particularly DSWD/local social welfare and development officer;
- The rescue team shall ensure full protection of the rights of the trafficked person as well as the traffickers while under Its custody and control;
- After the rescue operation, the investigation of the case shall be referred to the Women and Children Complaint Desk (WCCD) desk of the PNP, the Violence Against Women and Children Division (VAWCD) of the NBI or other similar units or desks;
- After the completion of the necessary documents for the filing of cases, the rescue team shall effect the appropriate and immediate turn-over of the trafficked person to DSWD/local social welfare and development officer; and
- In the course of investigation of the trafficked person, the investigator handling the case shall ensure that the victim shall be accorded with proper treatment and investigated in a child-friendly and gender-sensitive environment. In the conduct of investigative interviews on children, the law enforcers shall likewise be guided by the Rule on the Examination of a Child Witness promulgated by Supreme Court, as may be applicable. For this purpose, the investigators shall be properly trained in the handling of cases of trafficked persons.
- Implementation of residential care, child placement, educational assistance, livelihood and skills training and other community-based services must be responsive to the specific needs and problems of the victims/survivors and their families;
- Active involvement and participation of the victims/survivors in the rehabilitation and reintegration process shall be encouraged. In order to empower them and to prevent their re-victimization, capability building programs must be provided; and
- Active cooperation and coordination with NGOs and other members of the civil society including the business community, tourism-related industries as well as the media in the rehabilitation and reintegration of victims/survivors shall be undertaken.
- The victim/survivor of trafficking may go to the nearest DSWD/LGU Social Welfare and Development Office for assistance;
- Upon referral/interview the DSWD/Local Government Social Worker shall conduct an intake assessment to determine appropriate intervention with the victim/survivor;
- The social worker shall prepare a social case study report/case summary for the victim/survivor's admission to a residential facility for temporary shelter or community-based services;
- Provide services/interventions based on the rehabilitation plan in coordination with appropriate agencies, e.g. counseling, legal, medical and educational assistance; livelihood and/or skills training; as well as appropriate services to the family of the trafficked victim/survivor; and
- Monitor implementation and periodically evaluate/update the rehabilitation plan until the victim/survivor has been reintegrated with his/her family and community.
- Any person who has personal knowledge of the commission of the offense;
- The trafficked person or the offended party;
- Parents or legal guardians;
- Spouse;
- Siblings; or
- Children.
- After conviction, all proceeds and instruments, including any real or personal property used in the commission of the offense, shall be ordered confiscated and forfeited in favor of the State unless the owner thereof can prove the lack of knowledge of the use of such property in the said illegal activity. Any award for damages arising from the commission of the offense may be satisfied and charged against the personal and separate properties of the offender and if the same is insufficient to satisfy the claim, the balance shall be taken from the forfeited properties as may be ordered by the court.
- During the pendency of the criminal action, no property or income used or derived therefrom which are subject to confiscation and forfeiture, shall be disposed, alienated or transferred and the same shall be in custodia legis and no bond shall be admitted for the release of the same.
- The trial prosecutor shall avail of the provisional remedies in criminal cases to ensure the confiscation, preservation and forfeiture of the said properties.
- If the offender is a public officer or employee, the forfeiture of his/her property found to be unlawfully acquired shall be governed by Republic Act No. 1379 otherwise known as "An Act Declaring Forfeiture in Favor of the State Any Property Found to Have Been Unlawfully Acquired by Any Public Officer or Employee and Providing for the Proceedings Therefor."
- The information and testimony are necessary for the conviction of the accused; and
- Such information and testimony are not yet in the possession of the state.
- Emergency shelter or appropriate housing;
- Counseling;
- Free legal services which shall include information about the victims' rights and the procedure for filing complaints, claiming compensation and such other legal remedies available to them, in a language understood by the trafficked person;
- Medical or psychological services;
- Livelihood and skills training; and
- Educational assistance to a trafficked child.
- Provision for mandatory services set forth in Section 23 of the Act; and Section 46 of these rules and regulations;
- Sponsorship of a national research program on trafficking and establishment of a data collection system for monitoring and evaluation purposes;
- Provision of necessary technical and material support services to appropriate government agencies and non-government organizations (NGOs);
- Sponsorship of conferences and seminars to provide venue for consensus building among the public, the academe, government, NGOs and international organizations; and
- Promotion of information and education campaign on trafficking.
- Prevention, protection, prosecution, repatriation and reintegration aspects of trafficking in persons, especially women and children;
- Systematic exchange of information and good practices among law enforcement and immigration authorities;
- Prevention, detection, investigation and prosecution of trafficking in persons, including the protection of victims through exchanges and joint training at the bilateral, regional and international levels, between and among relevant officials including police, judges, prosecutors, immigration officers, other law enforcement agents as well as consular authorities; and
- Repatriation of victims of trafficking with due regard to their safety and in consideration of humanitarian and compassionate factors.
- To recruit, transport, transfer, harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
- To introduce or match for money, profit or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
- To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage;
- To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation;
- To maintain or hire a person to engage in prostitution or pornography;
- To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
- To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and
- To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.
- To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in persons;
- To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and pre-departure requirements for the purpose of promoting trafficking in persons;
- To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet of any brochure, flyer, or any propaganda material that promotes trafficking in persons;
- To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons;
- To facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent and travel documents for the purpose of promoting trafficking in persons;
- To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government or appropriate agencies; and
- To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of involuntary servitude, forced labor, or slavery.
- When the trafficked person is a child;
- When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
- When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as a group;
- When the offender is 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;
- When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies;
- When the offender is a member of the military or law enforcement agencies; and
- 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).
- 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;
- 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;
- If the offender is a foreigner, he shall be immediately deported after serving his sentence and be barred permanently from entering the country;
- 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 the Act. The concerned government official or employee shall, upon conviction, be dismissed from the service and be barred permanently to hold public office. His/her retirement and other benefits shall likewise be forfeited; and
- Conviction by final judgment of the adopter for any offense under the Act shall result in the immediate rescission of the decree of adoption.
- 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
- Second and subsequent offenses — imprisonment of one (1) year and a fine of One hundred thousand pesos (P100,000.00).