IRR Anti-Trafficking Person Act

2022 IMPLEMENTING RULES AND REGULATIONS OF
REPUBLIC ACT (R.A.) NO. 9208 (THE “ANTI-TRAFFICKING IN PERSONS

ACT OF 2003”), AS AMENDED BY R.A. NO. 10364 (THE EXPANDED
ANTI-TRAFFICKING IN PERSONS ACT OF 2012) AND FURTHER
AMENDED BY R.A. NO. 11862 (THE EXPANDED ANTI-TRAFFICKING IN
PERSONS ACT OF 2022)
RULE I
GENERAL PROVISIONS
Article 1
Preliminary Provisions
Section 1. Title. These rules and regulations shall be known and cited as “The
2022 Revised Rules and Regulations Implementing Republic Act No. 9208,
as amended”.
Section 2. Purpose. These rules and regulations are hereby promulgated to

prescribe the procedures and guidelines for the implementation of R.A. No.
9208, as amended, in order to facilitate compliance therewith and achieve the
objectives thereof.
Section 3. State Policies. (a) The State values the dignity of every human
person and guarantees the respect for individual rights. Towards this end, the
State shall give the highest priority to the enactment of measures and
development of programs that will promote human dignity, protect the people
from any threat of violence and exploitation, eliminate trafficking in persons
(TIP), and mitigate pressures for involuntary migration and servitude of
persons, not only to support trafficked persons but more importantly, to ensure
their recovery, rehabilitation and reintegration into the mainstream of society in
a manner that is culturally-responsive, gender- and age-appropriate, and
disability-inclusive.
(b) The State also recognizes the equal rights and inherent human dignity of all
members of the human family, as enshrined and guaranteed in the following
international instruments:
(1) Universal Declaration of Human Rights;

(2) Convention on the Elimination of All Forms of Discrimination
Against Women;
(3) Convention on the Rights of the Child and its optional protocols;
(4) Convention on the Protection of the Rights of All Migrant Workers
and Members of their Families;
(5) Convention Against Transnational Organized Crimes including its
Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children;
(6) International Labour Organization (ILO) Convention No. 182,
Concerning the Prohibition and Immediate Action for the
Elimination of the Worst Forms of Child Labour;
2022 Revised Rules and Regulations Implementing R.A. No. 9208, as amended
(7) Convention for the Suppression of the Traffic in Persons and of

the Exploitation of the Prostitution of Others;
(8) Association of Southeast Asian Nations (ASEAN) Convention
against Trafficking in Persons, Especially Women and Children;
(9) United Nations (UN) Global Compact for Safe, Orderly and
Regular Migration; and
(10) All other relevant and universally accepted human rights
instruments and other international conventions to which the
Philippines is a State Party.
In all actions concerning children, their best interests shall be the paramount
consideration.
Section 4. Construction. These rules and regulations shall be liberally

construed in favor of trafficked persons to promote their human dignity, ensure
their recovery, rehabilitation and reintegration into the mainstream of society,
eliminate TIP, and achieve the objectives of the Act.
Nothing in these rules and regulations shall be interpreted as a restriction of the

freedom of association, freedom of religion and the right to travel for purposes
not contrary to law as guaranteed by the Constitution.
Article 2
Definition of Terms
Section 5. Definition of terms. As used in these rules and regulations, unless

the context otherwise requires, the following terms shall be understood to
mean:
(a) Act – refers to Republic Act (R.A.) No. 9208, as amended by R.A. No
10364 and R.A. No. 11862.
(b) 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.
(c) Child Laundering – refers to an act of stealing and selling a child to

adopting parents under false pretenses and using schemes such as
falsifying the child’s details or manipulating the child’s origins to make the
child appear an orphan or foundling.
(d) Child Sexual Abuse and Exploitation Material or Child Sexual Abuse
Material (CSAEM or CSAM) – refers to photos, images, videos,
recordings, streams, or any other representation or form of media,
depicting acts of sexual abuse and exploitation of a child or representation
of a child as a sexual object, whether or not generated digitally or by,
through, and with the use of information and communications
[2]
technology. It shall also include materials that focus on real or simulated

genitalia or other private body parts of a child.
(e) Children involved in Armed Conflict (CIAC) – refers to children who are
either forcibly, compulsorily recruited, or who voluntarily joined a
government force or any armed group in any capacity. They may
participate directly in armed hostilities as combatants or fighters; or
indirectly through support roles such as scouts, spies, saboteurs, decoys,
checkpoint assistants, couriers, messengers, porters, cooks or as sexual
objects.
(f) Communications – refers to any spoken or written conversations,

exchanges, discussions, data, information, or messages for interception.
(g) Computer and Other Computer-Related Devices – refers to any device or

group of interconnected or related devices, one or more of which, pursuant
to a program, performs automated processing of data. It covers any type
of device with data processing capabilities, including computers and
mobile phones.
(h) Computer System – refers to any device or group of interconnected or

related devices, one or more of which, pursuant to a program, performs
automated processing of data. It covers any type of device with data
processing capabilities including computers and mobile phones. The
device consisting of hardware and software may include input, output
process, and storage components which may stand alone or be connected
in a network or other similar devices. It also includes computer data
storage devices or media.
(i) Council – refers to the Inter-Agency Council Against Trafficking (IACAT)

created under Section 20 of the Act.
(j) Data – refers to both:
(1) Content Data – the substance, meaning or purport of the

communication, or the message or information being conveyed by
the communication, other than traffic data; and
(2) Traffic Data or Non-Content Data – any computer data other than
the content of the communication, including the communication’s
origin, destination, route, time, date, size, duration, or type of
underlying service.
(k) 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.
[3]
(l) Electronic or Digital Evidence – refers to evidence, the use of which is

sanctioned by existing rules of evidence, in ascertaining in a judicial
proceeding, the truth respecting a matter of fact, which evidence is
received, recorded, transmitted, stored, processed, retrieved or produced
electronically.
(m) Extradition – refers to the surrender of an accused or convicted person

from one state to another state pursuant to an extradition treaty for criminal
investigation or prosecution, imposition of penalty or service of sentence
for an extraditable offense.
(n) Forced Labor – refers to the extraction of work or services from any person
by means of enticement, violence, intimidation or threat, use of force or
coercion, including deprivation of freedom, abuse of authority or moral
ascendancy, debt-bondage or deception including any work or service
extracted from any person under the menace of penalty.
(o) Foreign Service Post (FSPs) – refers to Philippines embassies, missions,

consulates general and other foreign service establishments maintained
by the Department of Foreign Affairs (DFA).
(p) Information and Communications Technology (ICT) – refers to the totality

of electronic means to access, create, collect, store, process, receive,
transmit, present, and disseminate information.
(q) Interception – refers to the act of listening to, recording, monitoring, or

surveillance of the content of communications, including procuring of the
content data, either directly, through access and use of a computer
system, or through the use of electronic eavesdropping or tapping devices,
at the same time that the communications is occurring.
(r) Internet Intermediaries – refers to a natural or juridical person, or entity

that provides infrastructure, platforms, access to host, transmit and index
content, products and services originated by third parties on the internet. It
includes among others:
(1) Internet Service Providers (ISPs);

(2) Data processing and web hosting providers, including domain
name registrars;
(3) Internet search engine and portals;
(4) E-commerce intermediaries;
(5) Internet payment system providers, whether supervised by the
Bangko Sentral ng Pilipinas (BSP) or not; and
(6) Participative network platform providers or social media
intermediaries.
(s) Involuntary Servitude – refers to a condition of enforced and compulsory

service induced by means of any scheme, plan or pattern, intended to
[4]
cause a person to believe that if he/she did not enter into or continue in
such condition, he/she or another person would suffer serious harm or
other forms of abuse or physical restraint, or threat of abuse or harm, or
coercion including depriving access to travel documents and withholding
salaries, or the abuse or threatened abuse of the legal process.
(t) Online Sexual Abuse and Exploitation of Children (OSAEC) – refers to the
use of digital or analog communication and ICT as means to abuse and
exploit children sexually, which includes cases in which contact child
abuse or exploitation offline is combined with an online component. This
can also include the production, dissemination, and possession of CSAEM
or CSAM; online grooming of children for sexual purposes; sexual
extortion of children; sharing image-based sexual abuse; commercial
sexual exploitation of children; exploitation of children through online
prostitution; and live-streaming of sexual abuse, with or without the
consent of the victim.
(u) 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; Provided, That when a child is involved, the material shall be
considered child sexual abuse and exploitation material as defined under
paragraph (d) of this section.
(v) Port of entry and exit – refers to international airports and/or seaports
designated by the Commissioner of Bureau of Immigration (BI), from
among the ports of entry and exit designated by law, to be used as an
entry point for arriving foreigners and Filipino nationals from another
country to the Philippines and as an exit point for foreigners and Filipino
citizens leaving the country and bound abroad.
(w) 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.
(x) 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.
(y) Sexual Exploitation – refers to any means of actual or attempted abuse of

a position of vulnerability, differential power, or trust, for sexual purposes
or lewd designs, including profiting monetarily, socially, or politically from
the sexual exploitation of another, regardless of whether or not consent
was given.
[5]
(z) Slavery – refers to the status or condition of a person over whom any or
all of the powers attaching to the right of ownership are exercised.
(aa) Subscriber’s or Registrant’s Information – refers to any information

contained in the form of computer data or other form that is held by internet
intermediaries, relating to the subscribers or registrants who avail of
services, other than traffic or content data, and by which any of the
following can be established:
(1) The type of communication service used, the technical provisions

taken thereto, and the period of service;
(2) The subscriber’s or registrant’s identity, postal or geographic

address, telephone and other access number, any assigned
network address, billing, and payment information that are
available on the basis of the service agreement or arrangement;
or
(3) Any other available information on the site of the installation of

communication equipment that is available on the basis of the
service agreement or arrangement.
(bb) Tourism Enterprises – refers to facilities, services, and attractions involved

in tourism, such as travel and tour services; health, wellness, and medical
tourism services; tourist transport services, whether for land, sea or air
transportation; tour guides; adventure sports services involving sports,
such as mountaineering, spelunking, scuba diving, and other sports
activities of significant tourism potential; convention organizers;
accommodation establishments, including hotels, resorts, apartelles,
tourist inns, motels, pension houses, and home stay operators; and
tourism estate management services, restaurants, shops and department
stores, sports and recreational centers, spas, museums and galleries,
theme parks, convention centers, and zoos.
(cc) Trafficked Person – refers to a victim of TIP under the Act. This shall also
include persons rescued or intercepted from potential TIP situations.
(dd) Trafficking in Persons (TIP) – refers to the recruitment, obtaining, hiring,

providing, offering, transportation, transfer, maintaining, 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, the
engagement of others for the production or distribution, or both, of
materials that depict child sexual abuse or exploitation, or other forms of
[6]
sexual exploitation, forced labor or services, slavery, servitude or the

removal or sale of organs.
The recruitment, transportation, transfer, harboring, adoption or receipt of

a child for the purpose of exploitation or when the adoption is induced by
any form of consideration for exploitative purposes shall also be
considered as ‘trafficking in persons’ even if it does not involve any of the
means set forth in the preceding paragraph.1
RULE II
REPORTING, INVESTIGATION AND
OTHER LAW ENFORCEMENT ACTION
Article 1
Reporting of Suspected/Alleged Trafficking Incident
Section 6. Who may and where to report. Any person who has any
knowledge or learns of facts or circumstances that give rise to a reasonable
belief that a person will be, or suspected to be, or is in the process of being
trafficked shall immediately report the incident, either orally, in writing or through
other means, to barangay authorities, the Local Council for the Protection of
Children (LCPC), local anti-trafficking committee, the local social welfare and
development office (LSWDO), the nearest police or other law enforcement
agencies, or any member of the Council.
A report may also be made to the IACAT Anti-Trafficking Task Force, IACAT
1343 Action Line, or the official social media pages or helpline of law enforcers,
local government units (LGUs) and other Council Members. The informant and
trafficked person’s identity shall be treated with confidentiality in accordance
with the confidentiality requirements under R.A. No. 9208, as amended, and
other related laws.
Section 7. Report of an international TIP case. Report of cases of alleged or

suspected international TIP may be made to the authorities mentioned in Rule
III herein, or to the Department of Migrant Workers (DMW) or the DFA, or to the
Philippine FSPs or the Migrant Workers Office (MWO) which has jurisdiction
over the place where the TIP occurred or where the trafficked person is or may
be found.
Section 8. Receipt of a report. The person who receives the report shall act
on it according to his/her mandate or to that of the agency or unit he/she
represents. If the case requires urgent action, it should be immediately referred
to the appropriate agency.
Section 9. Action on the reported TIP incident by barangay authorities and

LSWDO. The barangay authorities or LSWDO to whom a report of a suspected
1Under Section 4 of R.A. 11862 in the case of overseas domestic work, a “child” means a
person below twenty-four (24) years old.
[7]
or alleged TIP incident is made shall immediately get the pertinent details of the
TIP incident from the person who made the report, such as but not limited to
the:
(a) Name, address, age, gender, nationality, ethnicity (i.e.,

Indigenous People) of the trafficked person, and whether he/she
is with or without disability;
(b) Location of the trafficked person and/or where the TIP incident
occurred;
(c) Name, address and nationality of the alleged or suspected
recruiter or trafficker;
(d) Manner of committing the alleged recruitment or TIP;
(e) Names and addresses of witnesses, if any; and
(f) Social media identifiers, account names and other social media
identifiers, account user details, as applicable.
Such report and any available information obtained from the person who
reported shall be entered in a separate logbook or blotter of the barangay.
The barangay authorities or the LSWDO shall accompany the person who
reported or refer the case to the nearest police station.
When the alleged TIP incident has just happened and it is likely that the
traffickers could be intercepted/arrested and/or the trafficked person could be
rescued, the barangay authorities shall immediately coordinate with the nearest
police authorities.
Article 2
Law Enforcement Action
on a Reported/Referred Case of Trafficking
Section 10. Action of law enforcement agencies on a reported case of TIP.

Any law enforcement agency (LEA) motu proprio or within ten (10) days upon
receipt of a report or a referral of a suspected TIP incident should gather the
relevant information from the person who reported or the referring agency or
organization such as, but not limited to, those enumerated in Section 9 herein.
The LEA shall initiate and enhance existing bilateral or multi-lateral agreements
with other States, in coordination with DFA, to allow their foreign counterparts
and/or foreign internet intermediaries to share with local authorities possible
investigation data necessary for the case build up and/or prosecution of cases.
Section 11. Taking of statements of persons in possession of information

about a suspected TIP incident. The concerned LEA may take the statement
of any person who knows or who is in possession of knowledge or information
about the reported TIP incident. The information provided shall be evaluated by
the LEA for the purpose of determining their sufficiency to support the filing of
a case or the conduct of the necessary law enforcement operation.
[8]
If it involves a minor, the presence of the parents, legal guardian or a registered

and accredited social worker shall be mandatory. The conduct of the interview
must be made in a child-friendly manner taking into the account the best interest
of the child.
Section 12. Conduct of further investigation or intelligence gathering.

When the information provided is not enough to warrant the filing of a case or
undertake the necessary law enforcement operation, the LEA shall conduct
further investigation or intelligence gathering, including investigation on the
assets and/or properties of traffickers.
Article 3
Conduct of Law Enforcement Operations and Protection of
Rescued Persons During and After an Operation
Section 13. Objectives of a law enforcement operation. A law enforcement

operation should aim to:
(a) Rescue, protect and assist the trafficked person;
(b) Arrest the suspects in the act of committing an offense;
(c) Seize evidence, which may include objects or properties used in
the commission of the offense, to support eventual prosecution of
the suspects;
(d) Conduct rescue of trafficked persons with the assistance of the
Department of Social Welfare and Development (DSWD) or an
accredited non-government organization (NGO) that services
trafficked persons, whenever possible; and
(e) Place the trafficked person in the temporary custody of the
LSWDO, or any accredited or licensed shelter institution devoted
to protecting trafficked persons after the rescue.
Section 14. General guidance in the conduct of law enforcement

operations. To obtain maximum results and achieve the objectives mentioned
in Section 13 herein, the LEA conducting operations should:
(a) Carry-out a pro-active investigation, in accordance with the principles of
victim-centered approach, i.e., conduct prior intelligence work and
information gathering, to ensure that the law enforcement operation will
eventually result in the successful prosecution of the case and the
protection of trafficked persons.
(b) Obtain a search warrant or other court orders unless the interest of time,
safety of the trafficked persons and other analogous circumstances
require otherwise.
(c) Obtain a cybercrime warrant or other court orders necessary for the
interception, preservation, and seizure of electronic evidence subject to
the exemption under Section 8(b) of the Act.
[9]
(d) Coordinate, when necessary, with other relevant agencies to facilitate the
successful conduct of the operation.
(e) Cordon off and secure the place where exploitation occurs or where the
trafficked persons are found to ensure the integrity of the evidence until
the investigation has been completed.
(f) Inform the arrested person of the reason/s for the arrest and other rights
prescribed under R.A No. 7438 (An Act Defining Certain Rights of Persons
Arrested, Detained or Under Custodial Investigation as well as The Duties
of the Arresting, Detaining and Investigating Officers, and Providing
Penalties for Violations Thereof) or the Miranda Doctrine.
(g) In case of warrantless arrest, the arresting officer shall strictly observe the
Rules on Warrantless Arrest as prescribed under Section 5 of Rule 113 of
the Rules on Criminal Procedure.
Section 15. Coordination with DSWD, LSWDO, accredited NGO and other
relevant government agencies prior to the conduct of law enforcement
operation. The team conducting a law enforcement operation shall, as much
as possible, coordinate with DSWD, or the LSWDO of the place where the
operation will be conducted, or an accredited NGO that services trafficked
persons and ensure their presence during the operation. The DSWD, LSWDO
or accredited NGO social worker or any registered and accredited social worker
shall provide protection and assistance to trafficked persons as soon as they
are in the custody of the authorities. In cases where there is a large number of
trafficked persons to be rescued, the attending social worker may, prior to or
after the rescue, request reinforcement from nearest DSWD Field
Office/LSWDO/ accredited NGO.
The team may coordinate with other relevant government agencies as the
situation requires.
In case of unavailability of social workers from the DSWD, LSWDO or

accredited NGO, the law enforcement team shall continue with the operation
and ensure the presence of social workers immediately upon their availability.
Section 16. Treatment of trafficked persons during a rescue operation.

The members of the rescue team shall ensure the full protection and respect of
the rights of trafficked persons, including his/her right to privacy and
confidentiality, during an operation. Immediately after the rescue, the team shall
separate the trafficked persons from the suspected traffickers. The rescued
trafficked persons shall be removed from the scene and immediately endorsed
to the care and assistance of the social workers. The treatment of the rescued
trafficked persons shall be in accordance with the existing referral mechanisms
and protocol.
[10]
In the absence of a DSWD/local facility, the trafficked persons shall be turned

over to a secure and suitable place or facility of an accredited NGO or a
church/faith group.
Section 17. Treatment of rescued trafficked persons immediately after the

rescue. The DSWD/LSWDO/accredited NGO shall ensure that the immediate
needs of trafficked persons are addressed after the rescue. When they have
stabilized and the situation has normalized, they shall be informed of the
situation and the legal processes that will take place following the operation,
such as the conduct of an investigation, the taking of their statements and their
appearance before a prosecutor for inquest proceedings. They shall likewise
be informed of the assistance and the options available to them particularly
assistance under the Recovery and Reintegration Program for Trafficked
Persons (RRPTP) of the DSWD, as provided in the Act.
The LEAs, in coordination with the DSWD/LSWDO/accredited NGO, shall

likewise provide transportation and security services to the rescued trafficked
persons during inquest proceedings and preliminary investigation, when the
need arises.
Section 18. Temporary custody of trafficked persons. Rescued trafficked

persons, including victims of attempted TIP, shall be immediately placed in the
temporary custody of the IACAT Tahanan ng Inyong Pag-Asa Center (TIP
Center), DSWD, or LSWDO, registered social worker or any accredited or
licensed shelter institution devoted to protecting trafficked persons. These
service providers shall give the necessary assistance to the rescued trafficked
persons and shall be responsible for their appearance during investigation
and/or court hearings in coordination with LEAs.
Section 19. Taking of statement. The sworn statement of the rescued
trafficked persons shall be taken after they have been informed about, and are
able to understand, the legal procedures and the value of them giving the
statement. As much as possible, the statement shall be taken in a place
conducive for conducting interviews, in the presence of a registered social
worker, and in a child- and gender-sensitive manner. In the absence of a
registered social worker, any person trained in a child- and gender-sensitive,
trauma-informed interview techniques may accompany the trafficked
persons. A joint interview by an investigator and a social worker should be
explored to avoid repetitive interviews and the same may be documented by
any available medium of recording with the consent of the trafficked persons or
his/her guardian.
The transcript and the copy of the audio or video interview conducted by the
investigator and/or any registered and accredited social worker who are
specially trained to conduct such interview, concerning the personal information
of the trafficked persons and manner by which they were trafficked can be
utilized as evidence before the office of the prosecutor and before the court, in
lieu of a sworn statement. The interviewer and/or the person who recorded the
[11]
interview shall execute an affidavit stating as to the manner he/she conducted

the interview and how the interview was recorded.
Section 20. Documentation and processing after the rescue operation.

The rescue team shall process and prepare the following:
(a) For prosecutorial purposes, evidence such as, but not limited to, sworn
statements of trafficked persons and witnesses, affidavit of arrest, when
a suspected trafficker has been arrested, the pieces of evidence
obtained from the crime scene, including electronic evidence; and copy
of the video of the body worn camera or alternative recording device
during the arrest operation pursuant to the Rules on the Use of Body-
Worn Cameras in the Execution of Warrants (Administrative Matters No.
21-06-08-SC) of the Supreme Court.
(b) For reportorial purposes, reports on the rescue operation, including the
list of the rescued trafficked persons, their gender and ages and their
profile shall be submitted to the IACAT Secretariat within fifteen (15)
days from rescue operation. The Council shall prescribe the standard
reporting template.
Article 4
Interception and Arrests at Airports and Seaports
Section 21. Who may intercept and arrest at ports. The interception of TIP
incidents and arrest of traffickers at airports or seaports shall be the primary
responsibility of the IACAT Task Force Against Trafficking referred to in Section
158 herein, if present, or by any LEA assigned thereat.
Section 22. Procedure in the physical interception, arrest and

investigation of traffickers at airport or seaport. (a) When an offense
punishable under the Act or any other offense in relation thereto, or in
furtherance thereof, has been committed, or is actually being committed in the
presence of any law enforcement officer (LEO) or member of the anti-trafficking
task force, or an immigration officer assigned at the airport or seaport, such
officer shall immediately cause the physical interception and/or arrest of the
persons involved.
(b) The LEO responsible for the arrest of the alleged trafficker shall
investigate the case. It shall execute the proper affidavit of arrest, gather and
conduct an inventory of the evidence obtained from the person arrested, and
take the statement of the trafficked persons or other witnesses. As soon as the
documentation is completed, the complaint and supporting documents and
evidence shall be endorsed to the prosecutor for inquest.
(c) The LEO shall take full custody over the person arrested including
his/her appearance during the inquest proceeding.
[12]
(d) If the person intercepted is a convicted pedophile or registered sex

offender, the immigration officers assigned thereat shall automatically
implement the exclusion with a recommendation to the Office of the
Commissioner for blacklisting.
In the instance of an arriving or departing alien that has a standing

warrant of arrest issued by Philippine courts for sex-related crimes, the
immigration officers shall endorse said alien to the proper LEA for appropriate
disposition.
Section 23. Procedure in the physical interception at seas. When a physical

interception is done within territorial waters, the authorities concerned shall
immediately coordinate with the IACAT Task Force for the proper turn-over of
the intercepted persons and the rescued trafficked persons.
Article 5
Deferred Departure of Potential Trafficked Persons
Section 24. Strict departure policy. Strict departure policy shall be

implemented primarily to avert a potential TIP situation and protect possible
victims of TIP from exploitation. In no case shall said policy violate the right of
persons to travel.
The Council’s guidelines on departure formalities shall be observed at all times.
Section 25. Deferred departure reporting mechanism. The BI shall maintain

a record of all the deferred departures in accordance with its rules and
regulations. Such record shall be available in all international ports of entry and
exit points.
Article 6
Financial Investigation and
Asset Identification and Freezing
Section 26. Investigation on the assets and/or properties of traffickers.

When a person is arrested/investigated in relation to a violation of the Act, a
parallel investigation shall be conducted by the Philippine National Police
(PNP), National Bureau of Investigation (NBI), Anti-Money Laundering Council
(AMLC), or other agencies authorized by law in order to determine whether or
not such assets are subject of the offense, proceeds or fruits of the offense, or
were used in the commission of the offense. Such investigation shall include,
but is not limited to:
(a) Identifying and locating the property and/or asset;
(b) Determining the owner or the person who has control over the
property; or
[13]
(c) Tracing other financial transactions and activities employed in

connection with, or in furtherance of, any of the prohibited acts
defined in the Act.
The concerned law enforcement or government agency may coordinate with

the AMLC to obtain vital information or evidence.
For this purpose, LEAs, if appropriate, shall access bank information and other
financial information in accordance with the rules and regulations issued by the
AMLC to implement Section 9(d) of the Act.
Section 27. Requesting freeze orders through the AMLC. LEA or the other
agencies authorized by law may transmit such relevant information and/or
evidence to the AMLC, which include, among others:
(a) Name and address, if known, of the account holder, or the owner,
holder or possessor of the property;
(b) Description of the monetary instrument, property or proceeds and

its location, if known; or
(c) Evidence showing that the subject monetary instrument, property,

or proceeds are in any way related to or involved in any of the
prohibited activities defined in the Act.
The AMLC shall file the petition for the issuance of a freeze order, in accordance
with Section 10 of R.A. No. 9160 (Anti-Money Laundering Act of 2001, as
amended), Rule 10 of its 2018 Implementing Rules and Regulations, and the
Rules on Civil Forfeiture.
Article 7
Blacklisting of Recruitment Agencies
and Illegal Recruiters
Section 28. Inclusion in the blacklist. The blacklist of recruitment agencies,

illegal recruiters and persons who are involved in TIP under the Department of
Migrant Workers (DMW) shall include the following:
(a) Any person or entity facing administrative, civil and/or criminal charges
in the receiving country or in the Philippines in connection with alleged
involvement in TIP such as:
(1) Individual persons and entities;

(2) Philippine recruitment/manning agencies with the names of its
corporate officers, executive officers, and employees, if known;
(3) Foreign placement agencies with the names of its corporate
officers, executive officers and employees, if known; and
(4) Direct employers.
[14]
In case the direct employer is a juridical person, the names of its

corporate officers, executive officers, and employees, if known.
(b) Any person or entity in the receiving country or in the Philippines

identified, through a verified affidavit, by a trafficked person rescued by
DFA or DMW.
Section 29. Who may request for blacklisting; Requirements. (a) Any
member of the Council may request for the blacklisting of recruitment agencies,
illegal recruiters and persons under Section 28(a) herein by attaching a copy of
the complaint duly docketed by the court or body having jurisdiction over the
case.
(b) The DFA or DMW may request for the blacklisting of recruitment
agencies, illegal recruiters and persons under Section 28(b) herein by attaching
the following:
(1) a detailed report on the rescue operations; and

(2) the verified affidavit of the rescued trafficked person attesting
to the act/s of TIP of such recruitment agencies or illegal
recruiters involved in the trafficking of the rescued trafficked
person, naming and describing the involvement of such
agencies or persons.
Section 30. Posting and updating of the blacklist. The DMW shall
disseminate the blacklist to members of the Council and other concerned
government agencies, with advice to post the same in conspicuous places of
their respective offices, including their regional offices and in their official
websites. The blacklist shall likewise be posted by the DMW in its own website
and in the shared government information system, which is mandated to be
established under R.A. No. 8042 (Migrant Workers and Overseas Filipinos Act
of 1995), as amended.
The DMW shall likewise update such blacklist bi-monthly. For this purpose, the
members of the Council should continually inform DMW of the updates on the
cases they have requested to be included in the blacklist.
Section 31. Suspension or cancellation of license. In accordance with its

rules, the DMW may issue an Order of Preventive Suspension or Order of
Temporary Disqualification against blacklisted licensed recruitment or manning
agencies, and its principals or employers.
The DMW shall impose appropriate penalties including cancellation of the

license of the recruitment or manning agency and the perpetual disqualification
of individuals or officers of a licensed recruitment or manning agency in
accordance with its rules.
[15]
Section 32. De-listing from the blacklist. The blacklisted recruitment

agencies or illegal recruiters may request for their de-listing by submitting an
order of dismissal or final order or decision exonerating them from the charges
of the court or body where the case was filed.
Recruitment agencies or illegal recruiters blacklisted under Section 28(b) herein

may be de-listed pursuant to the rules of DMW.
Article 8
Application For Cybercrime Warrants
Section 33. Application for cybercrime warrants. In investigating violations

of the Act committed by, through, or with the use of ICT, any LEO may apply
for a cybercrime warrant and related orders involving the preservation,
disclosure, interception, search, seizure, and/or examination, as well as the
custody, and destruction of computer data subject of the investigation, pursuant
to the Rule on Cybercrime Warrants (A.M. No. 17-11-03-SC).
Section 34. Preservation of Computer Data; Period to preserve. A LEO may

request ISPs to keep, preserve, and maintain the integrity of the computer data
subject of the investigation.
Subscriber information and traffic data’s integrity shall be preserved by the ISP
for a minimum of six (6) months from the date of transaction. Content data shall
be preserved by the ISP for six (6) months from the date of receipt of the order
from the LEOs requiring its preservation.
LEOs may order a one-time extension for another six (6) months. If the
computer data preserved by the ISP is used as evidence in a case, the receipt
of the ISP of a copy of the transmittal document to the Office of the Prosecutor
shall be deemed a notification to further preserve the computer data until the
final termination of the case and/or as ordered by the court as the case may be.
Section 35. Types of cybercrime warrants. The different types of cybercrime

warrants under the Rule on Cybercrime Warrants include:
(a) Warrant to Disclose Computer Data (WDCD). It is an order in writing

issued in the name of the People of the Philippines, signed by a judge,
upon application of LEOs, authorizing the latter to issue an order to
disclose and accordingly, require any person or service provider to
disclose or submit computer data in his/her possession or control.
(b) Warrant to Intercept Computer Data (WICD). It is an order in writing

issued in the name of the People of the Philippines, signed by a judge,
upon application of LEO, authorizing the latter to carry out any or all of
the following activities: (a) listening to, (b) recording, (c) monitoring, or
(d) surveillance of the content of communications, including procuring of
the content of computer data, either directly, through access and use of
a computer system, or indirectly, through the use of electronic
[16]
eavesdropping or tapping devices, at the same time that the

communication is occurring.
(c) Warrant to Search, Seize and Examine Computer Data (WSSECD). It is

an order in writing issued in the name of the People of the Philippines,
signed by a judge, upon application of LEO, authorizing the latter to
search the particular place for items to be seized and/ or examined.
(d) Warrant to Examine Computer Data (WECD). Upon acquiring

possession of a computer device or computer system via a lawful
warrantless arrest, or by any other lawful method, LEOs shall first apply
for a warrant before searching the said computer device or computer
system for the purpose of obtaining for forensic examination the
computer data contained therein.
Article 9
Intercepted Communications
Section 36. Application for the interception of communications;

Requirements. Any LEO may apply for an order before the Regional Trial Court
(RTC) to track, intercept, view, monitor, surveil, listen to, and record any
communications, information or messages with the use of any mode, form, kind
or type of intercepting devices mentioned in R.A. No. 4200 (An Act to Prohibit
and Penalize Wire Tapping and Other Related Violations of the Privacy of
Communication, and for Other Purposes).
The ex parte application, made under oath or affirmation, shall include the
following information:
(a) The identity, such as name and address, if known, of the charged
or suspected person whose communications are to be intercepted.
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) Identities of the intercepting LEOs, or identities of individuals or

juridical persons who will assist the LEA in carrying out the
interception;
(c) The offense or offenses committed or being committed, or sought

to be prevented;
(d) That there are reasonable grounds to believe that any of the crimes
enumerated under the Act has been committed, or is being
committed, or is about to be committed;
[17]
(e) That there are reasonable grounds to believe that evidence that will
be obtained is essential to the conviction of any person for, or to the
solution of, or to the prevention of any such crimes; and
(f) That there are no other means readily available for obtaining such
evidence.
Section 37. Effective period of order to intercept communications. The

order authorizing the interception of communications shall only be effective for
the length of time as determined by the court, which shall not exceed thirty (30)
days from its issuance. The LEO may request for the extension of the original
period based on the following grounds:
(a) Justifiable reasons;

(b) Necessity in furtherance of the investigation; or
(c) Public interest.
In case the original LEO is not available to file the application to extend or renew
the order to intercept communications, any other member of the team, duly
authorized by their superior officer, may file the application to extend or renew
the order.
Section 38. Exception from court order to intercept communications for

child trafficking. When the trafficked person is a child and the offense involves
the use of computer systems and digital platforms, a court order shall not be
required in order for a LEO, acting in an undercover capacity, to intercept
communication with a person reasonably believed to have committed, is
committing, or about to commit any of the violations under the Act; Provided,
That a LEO shall not be precluded from obtaining a WICD.
Section 39. Duties of LEO. The LEO shall have the following duties when
intercepting communication, information or messages, and in the use, custody
and disposition thereof under Section 8 of the Act:
(a) Filing of case; Notifying the authorizing court. – The LEO shall have thirty
(30) days after the termination of the period granted by the authorizing
court within which to file the appropriate case before the public prosecutors
offices for any violation of the Act. If no case is filed within the thirty (30)
day period, the LEO shall, within thirty (30) days after the expiration of the
order, notify the authorizing court that no case has been filed.
Failure of the LEO to notify the authorizing court within the required period
shall be penalized by 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) under Section 10 (h) of the Act.
(b) Turn-over of intercepted communications. – All tapes, discs and

recordings obtained pursuant to the Act, including all excerpts and
[18]
summaries thereof as well as all written notes or memoranda made in

connection therewith, shall be turned-over to the authorizing court or its
appointed custodian within the following applicable period:
(1) Within forty-eight (48) hours after the expiration of the period fixed in
the written order; or
(2) Within forty-eight (48) hours after the expiration of any extension or
renewal.
The intercepted communications as enumerated above shall be contained

in a sealed envelope or package and accompanied by a joint affidavit of
the LEO and the team members. In case of death or physical incapacity
of the applicant to execute the required affidavit, the team member who is
next in rank to the applicant named in the written order shall, together with
the other team members, execute the required affidavit.
The joint affidavit of the LEO and the individual team members shall state
the following:
(1) 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;
(2) The dates and times covered by each of such tapes, discs, and
recordings;
(3) 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;
(4) The date of the original written authorization granted by the

Department of Justice (DOJ) to the applicant to file the ex parte
application to conduct the interception, as well as the date of any
extension or renewal of the original written authority granted by the
authorizing court; and
(5) That no unauthorized duplicates or copies of the whole or any part of

any such tapes, discs, and recordings, 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
package, as the case may be, deposited within the authorizing
division of the authorizing court.
Failure to comply with this duty shall be penalized by imprisonment of six

(6) years and a fine of not less than Five hundred thousand pesos
[19]
(P500,000.00) but not more than One million pesos (P1,000,000.00) under
Section 10 (h) of the Act.
If the LEO omits or excludes from the joint affidavit any item or portion
thereof mentioned therein the penalty shall be imprisonment of not less
than six (6) years and one (1) day to twelve (12) years of imprisonment
under Section 10 (h) of the Act.
(c) Maintain confidentiality of deposited materials. – The LEO shall not open,
reveal, divulge, and use the contents of the sealed envelope or package
as evidence, which are classified information.
(d) Seek authority to copy computer data. – The LEO shall seek authority from
the authorizing court to copy computer data that shall be utilized for case
build-up or preliminary investigation purposes. The copy of the computer
data may be retained by the LEOs.
Section 40. Custody of digital devices, and digital forensic examination

report. The digital devices examined and the result of the digital forensic
examination shall be deposited with the court that issued the court warrant, or
in case where a criminal case is already filed in court, the court hearing the
criminal case.
Section 41. Unauthorized act. It shall be unlawful for any person, LEO, or
custodian to make a copy of the materials in their custody, such as tapes, discs,
video footages and other recordings, or excerpts and summaries thereof
including written notes and memoranda made in connection therewith, without
court authorization. It shall be unlawful to remove, delete, expunge, incinerate,
shred or destroy in any manner the items enumerated above in whole or in part
under any pretext whatsoever.
Failure to comply with this duty shall be penalized by imprisonment of not less
than six (6) years and one (1) day to twelve (12) years of imprisonment under
Section 10 (h) of the Act.
Section 42. Contempt. Failure to timely file the returns for any of the issued
warrants as required under the Rule on Cybercrime Warrant or to duly turn-over
to the court's custody any of the items disclosed, intercepted, searched, seized,
and/or examined, shall subject the responsible LEOs to an action for contempt,
which procedures shall be governed by Rule 71 of the Rules of Civil Procedure,
insofar as they are applicable.
Section 43. Non liability under R.A. No. 4200. In investigating violations of
the Act involving the use of the internet and other digital platforms, LEOs acting
in an undercover capacity who record their communications with a person or
persons reasonably believed to have committed, is committing, or is about to
commit any of the violations under the Act, shall not be considered as
[20]
wiretapping or illegal interception. LEOs shall not be liable under the provisions
of R.A. No. 4200.
Section 44. Confidentiality of deposited material. The sealed envelope or

package and the contents thereof, which are deposited with the authorizing
court, and considered classified information, shall not be opened. Its contents,
including the tapes, discs, and recordings, all the excerpts and summaries
thereof, and the notes and memoranda made in connection therewith, shall not
be divulged, revealed, read, replayed, or used as evidence unless authorized
by written order of the authorizing court.
Section 45. Application to open deposited materials; Contents of

application. The DOJ or handling prosecutor shall file a written application to
open the sealed envelope or package before the authorizing court, with proper
written notice to the person whose communications have been the subject of
interception to open, reveal, divulge, and use the contents of the sealed
envelope or package as evidence.
The written application with notice to the party concerned to open the deposited
sealed envelope or package shall clearly state the purpose or reason:
(a) For opening the sealed envelope or package;
(b) For revealing or disclosing its classified contents;
(c) For replaying, divulging, or reading intercepted communications,

including any of the excerpts and summaries thereof and any of the
notes or memoranda made in connection therewith; and
(d) For using as evidence any of the intercepted communications,

including any of the excerpts and summaries thereof and any of the
notes or memoranda made in connection therewith.
Section 46. Evidentiary value of deposited materials. Intercepted

communications, 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
the Act, shall absolutely not be admissible and usable as evidence against any
person in any judicial, quasi-judicial, legislative, or administrative investigation,
inquiry, proceeding, or hearing.
RULE III
RESCUE, RECOVERY AND REPATRIATION
OF FILIPINO NATIONALS WHO ARE VICTIMS
OF INTERNATIONAL TRAFFICKING
Article 1
Rescue and Recovery
[21]
Section 47. The One Country-Team Approach. The One Country-Team

Approach (OCTA) under Executive Order No. 74, series of 1993, and as further
enunciated in R.A. No. 8042, as amended, shall be the operational scheme
under which FSPs shall provide protection to trafficked persons regardless of
their immigration status. Under the OCTA, all officers, representatives and
personnel of the Philippine government posted abroad, regardless of their
mother agencies, shall act as a one-country team under the leadership of the
Ambassador or the head of mission.
Section 48. Action on a report of international TIP. When a report of a TIP

incident is received, the FSPs or the MWO which has jurisdiction over the place
where the victim is believed to have been trafficked or located shall, in
coordination with the authorities of the host government, ascertain the veracity
of the report and inquire about the condition of the trafficked person. If the
location of a trafficked person is unknown, the FSPs or the MWO shall take the
necessary steps to verify and ascertain the location of the trafficked
person. The FSPs shall also request such authorities to allow the access of
consular officers to Filipino nationals in accordance with the Vienna Convention
on Consular Relations, and the laws and regulations of the host country.
Section 49. Special mission team. The Council, in emergency and other
similar cases, may dispatch an inter-agency team abroad to assess the
situation of trafficked persons, gather information from key individuals and
entities, for the purpose of strengthening prosecution of cases in the
Philippines, or to coordinate the rescue of trafficked persons.
The special mission team may be dispatched only upon the issuance of a
mission order by the Secretary of Justice, in consultation and close coordination
with the Secretary of Foreign Affairs, defining therein the specific objectives of
the mission and outlining the parameters of the team’s actions in the host
country. The mission shall be conducted in accordance with existing applicable
treaties and/or subject to the laws, rules and regulations of the host country.
After each mission, the team shall submit a written report to the Secretary of
Justice, copy furnished the Secretary of Foreign Affairs.
Section 50. Rescue at the country of destination. (a) All rescue operations
shall be made through, or coordinated with the concerned police, anti-trafficking
in persons committee and other authorities of the host country.
(b) In no case shall any Philippine government official conduct or participate

in a rescue operation abroad without prior notice to the Ambassador or head of
mission. Government officials involved in any rescue operations abroad must
provide the Ambassador or the head of mission with timely and accurate
information, especially after such operations.
(c) In countries where the foreign government requires Filipino trafficked

persons to remain in their custody, the Ambassador or his duly authorized
[22]
representative shall make the necessary representation to the host country to

secure custody of the trafficked persons, or at the very least, to ensure that the
trafficked persons are given access to consular officers as provided under the
Vienna Convention on Consular Relations.
Section 51. Focal Person for TIP. The FSPs or the MWO shall assign a
Foreign Service Officer (FSO) to be its focal person for TIP. The said officer
shall seek and maintain access and communication with Filipino trafficked
persons subject of rescue operations, in accordance with the Vienna
Convention on Consular Relations, and other existing diplomatic and consular
norms and practices. The focal person shall also report to the Ambassador or
head of mission particularly on whether the rights and best interests of the
trafficked persons are protected and prioritized.
Section 52. Notice to Next of Kin. When the focal person for TIP deems it
necessary, especially if the trafficked persons consented and it would be
beneficial for their recovery, he/she will communicate with the latter’s next of
kin (NOK). If the NOK or family members of the trafficked persons in the
Philippines receive threats, reprisals or intimidation, the focal person will
coordinate with the appropriate LEA in the Philippines for further investigation
and protection.
Section 53. Post-rescue services and assistance. In countries or areas

where the services of the Migrant Workers Resource Center (MWRC) are not
accessible, the FSPs or the MWO shall extend off-site services to trafficked
persons regardless of their status in the host country, such as, but not limited
to the following:
(a) Counseling;
(b) Temporary Shelter;
(c) Medical Services;
(d) Hospital Visitation;
(e) Reintegration Services;
(f) Repatriation Services;
(g) Legal Services to include provision of lawyers/counsel, jail visitation,
provision of legal advice and attendance to court hearings, insurance
claims, and compensation claims.
Article 2
Filing of TIP cases at destination country
Section 54. Taking of sworn statement on-site. The FSPs or the

MWO shall take the statement, through the IACAT intake form, of the trafficked
person, recounting among others, the people/establishment involved in the
recruitment, transfer and deployment, the modus operandi employed to recruit,
transport and deploy the trafficked person, and other pertinent information
which could provide a lead in the investigation and eventual prosecution of the
perpetrators. The statement shall be sworn to before authorized officials of the
[23]
FSPs or the MWO, Provided, That, the statement and other such matters
relating to the investigation must be done consistent with full respect to the
rights and dignity of trafficked persons, and must not impede the immediate
assistance and delivery of mandatory services to them.
Section 55. Filing of cases in destination country. The FSPs or the MWO
shall extend all possible assistance, including free legal assistance, to a
trafficked person who wishes or opts to file the case in the host country or in
the country where he/she is found and where the laws of the country allow the
prosecution of a TIP offense or a related or similar offense.
Section 56. Access to the Legal Assistance Fund. Trafficked persons

overseas may avail of the Legal Assistance Fund created by R.A. No. 8042, as
amended, and Agarang Kalinga at Saklolo para sa mga OFWs na
Nangangailangan (AKSYON) Fund under R.A. No. 11641 (Department of
Migrant Workers Act), subject to the guidelines as provided by law as to its use
and disbursement.
Article 3
Repatriation
Section 57. Repatriation of trafficked persons. The DFA and DMW, in

coordination with the other appropriate agencies, shall have the primary
responsibility for the repatriation of trafficked persons.
If their repatriation shall expose them to greater risks, or shall hinder the
prosecution of traffickers abroad, the DFA, upon the consent of the trafficked
person, shall make representation with the host country, whenever necessary,
for the extension of appropriate residency permits and protection, as may be
legally permissible.
Section 58. Repatriation costs. In accordance with existing rules and

regulations on the use and disbursement of Assistance-to-Nationals (ATN)
Fund of DFA and the AKSYON fund of DMW for the repatriation of trafficked
persons, the FSPs shall immediately request the DFA or DMW for allocation of
funds for the repatriation of the trafficked persons.
Section 59. Issuance of travel document. In case the passport of the

trafficked person is lost or confiscated by the traffickers or employers abroad
and cannot be retrieved, the FSP shall issue a travel document to facilitate exit
from the host country and entry into the Philippines.
Section 60. Notice of repatriation. The FSPs or the MWO concerned shall
report to the DFA or DMW, the actual date of repatriation and other pertinent
information. The DFA or DMW shall refer the arrival of the trafficked persons
to the IACAT Task Force Against Trafficking at the point of entry for arrival
assistance and the provision of appropriate services, including referrals in
accordance with the National Referral System.
[24]
Section 61. Repatriation of trafficked persons with special conditions. In

appropriate cases, especially when the trafficked person is psychologically
challenged, has suffered physical or sexual abuse, or has received serious
threats to his/her life and safety, the trafficked person will be met upon arrival
in the Philippines by DSWD personnel, in coordination with the IACAT Task
Force Against Trafficking and other government agencies such as Overseas
Workers Welfare Administration (OWWA), BI and Department of Health (DOH).
Where necessary, the FSPs or the MWO shall designate a duly authorized
individual to escort said trafficked persons to the Philippines.
Section 62. Executing a sworn statement against trafficker. The trafficked

person will be encouraged to execute a sworn statement, if he/she has not done
so before, with the view of filing the appropriate charges against the trafficker.
The IACAT Task Force Against Trafficking shall interview the trafficked person
and make recommendation for investigation and filing of appropriate cases. In
cases where licensed recruitment agencies are involved or those whose
licenses have been cancelled or suspended, the case shall also be referred to
the DMW for the institution of administrative proceedings or criminal action, as
the case may be.
Section 63. Linkages with other non-state actors. The FSPs, MWOs and
other attached agencies posted abroad shall establish partnerships with civil
society groups, Filipino communities, and NGOs in the host country to mobilize
support for the rescue, protection, and delivery of services to trafficked persons.
Section 64. Documentation and referrals. All FSPs, including MWO, welfare
officers and other officials, extending assistance to trafficked persons, shall
document and track the delivery of service and referrals of the rescued
trafficked person.
The concerned agencies such as DFA, DSWD and DMW shall issue
corresponding directives to ensure uniform compliance with documentation and
referral standards of the Council.
RULE IV
EXTRA-TERRITORIALITYAND INTERNATIONAL LEGAL COOPERATION
Article 1
Extra-territoriality Principle
Section 65. Extra-territorial jurisdiction; Requirements. The Philippines

may exercise jurisdiction over any act defined and penalized under the Act,
even if committed outside its territory and whether or not such act or acts
constitute an offense at the place of commission, if the offense, being a
continuing offense, was commenced in the Philippines.
[25]
The Philippines may also exercise jurisdiction over any act defined and
penalized under the Act if committed in another country, Provided, That the
suspect or accused:
(a) is a Filipino citizen;
(b) is a permanent resident of the Philippines; or
(c) has committed the act against a citizen of the Philippines.
Section 66. Prohibition. No prosecution may be commenced against a person

under the Act if a foreign government, in accordance with jurisdiction
recognized by the Philippines, has prosecuted or is prosecuting such person
for the conduct constituting such offense, except upon the approval of the
Secretary of Justice.
Article 2
Extradition of an Accused or Convicted
Person for a TIP Offense
Section 67. Extradition. The extradition of an accused or a convicted person

for a TIP offense punishable under the Act shall be pursued in accordance with
the provisions of Presidential Decree (P.D.) No. 1069 (Philippine Extradition
Law) and the applicable extradition treaty. Such person may only be extradited
from a country which the Philippines has an extradition treaty, or a state party
to a multilateral treaty in which the Philippines is also a state party, or as may
hereafter be allowed by law.
Section 68. Who may request extradition and where the request should
be made. A LEA, prosecution office or any interested party seeking to extradite
a person accused or convicted for violation of the Act, including those covered
by the application of the extra-territoriality principle, may request the extradition
of such person through the Legal Staff (Office of the Chief State Counsel) of
the DOJ.
Section 69. Request; form and content. The request for extradition to the
DOJ shall be in writing, signed by the head of the requesting agency or by the
interested party, supported by relevant documentary evidence, and as much as
possible state therein the following information:
(a) The fullest particulars as to the identity, nationality and location, if

known, of the accused or convicted person;
(b) Statement of facts of the offense for which extradition is requested;
(c) Description of the acts or omissions constituting the alleged offense,

including an indication of the time and place of the commission of
these acts;
[26]
(d) Text of the relevant provisions of the law describing the essential
elements of the offense, prescribed penalty and any time limit on the
prosecution or execution of punishment of the offense; and
(e) Such other documents or information that the DOJ may require
pursuant to the extradition law and applicable treaties.
Article 3
Requests for Mutual Legal Assistance in Criminal Matters
Section 70. Legal assistance from a foreign state. In the investigation or

prosecution of the offenses defined under the Act, including those covered by
the application of the extra-territoriality principle, a request for legal assistance
may be made with a foreign State on the basis of law, treaty or reciprocity. Such
assistance may include:
(a) taking of evidence or obtaining statements from persons;
(b) making arrangements for persons to give evidence or facilitating the

personal appearance of witnesses;
(c) locating or identifying witnesses and suspects;
(d) effecting the temporary transfer of persons deprived of liberty to

appear as witnesses;
(e) effecting service of judicial documents;
(f) examining objects and sites;
(g) providing or receiving information, original or certified true copies of

relevant documents, evidentiary items and expert evaluations;
(h) executing searches and seizures;
(i) identifying or tracing proceeds of crime or property;
(j) freezing, recovery, forfeiture or confiscation of property or

instrumentality used in the commission of a crime in accordance with
related laws, rules and regulations;
(k) restraining of dealings in property or the freezing of property,

proceeds or instrumentalities derived from the commission of an
offense that may be recovered, forfeited or confiscated; or
(l) any other type of assistance consistent with the objectives of the Act
and not contrary to Philippine laws, rules and regulations.
[27]
Section 71. Request; where to be made. Any LEA or prosecution office

desiring to seek the assistance of a foreign state regarding the investigation or
prosecution of an offense under the Act may submit the request through the
Legal Staff (Office of the Chief State Counsel) of the DOJ which shall, in turn,
make the formal request pursuant to the law or applicable treaty, or on the
basis of reciprocity. The request shall specifically detail the assistance to be
requested.
Section 72. Execution of requests for assistance; Limitations. A request

for assistance shall be executed in accordance with Philippine laws. Where the
request for assistance is made pursuant to a treaty, the provisions of the treaty
shall be considered in the execution of the request.
The DOJ may refuse to carry out a request for assistance if its execution would
be inconsistent with Philippine laws or would likely prejudice the national
interest of the Philippines.
Article 4
Deportation, Forced Removal or Return
Section 73. Request for deportation, forced removal or return. The

Philippines may request for the deportation, forced removal or return to the
country of any Filipino citizen or a permanent resident of the Philippines who is
convicted, charged or facing prosecution for a TIP offense under the Act when
the subject is in hiding, residing or in a temporary sojourn in the territory of
another country.
RULE V
PROSECUTION
Article 1
Filing of Cases
Section 74. Who may file a complaint. Complaints for violations of the Act
may be filed by the following:
(a) Any person, including a LEO, social worker, or representative of a

licensed child-caring institution, who has personal knowledge of the
commission of the offense;
(b) The trafficked person;
(c) Parents or legal guardians;
(d) Spouse;
(e) Siblings;
(f) Children; or
(g) At least three (3) concerned citizens who have personal knowledge of
the violation and where the violation occurred.
[28]
The foregoing persons may also seek the assistance of the Council in the filing
of complaints.
A person who has personal knowledge of the commission of the offense may
initiate a criminal complaint for violation of the Act by executing his/her own
affidavit or sworn statement.
Section 75. Where to file complaint. A complaint for violation of the Act shall
be filed where the offense was committed, or where any of its elements
occurred, or where the trafficked person actually resides at the time of the
commission of the offense. For purposes of inquest or preliminary
investigation, the complaint may be filed with the DOJ – Office of the Secretary
of Justice Prosecution Staff (OSJPS), or Provincial/City Prosecution Office
where the offense or any of its elements has been committed, is being
committed, or is about to be committed.
Section 76. Commencement of the inquest proceedings. Where a person

is lawfully arrested without a warrant, the complainant or arresting officer shall
file a complaint with the DOJ or any local prosecution office.
The inquest proceedings shall be considered commenced upon receipt by the

inquest prosecutor of the following documents:
(a) The affidavit of arrest duly subscribed and sworn to before him/her by
the arresting officer;
(b) The investigation report;
(c) The sworn statements of the complainant/s and witness/es;
(d) Other supporting pieces of evidence gathered by the LEOs in the
course of their investigation of the criminal incident involving the
arrested or detained person; and
(e) Copy of the video from the body-worn camera or any video that would
show how the respondent was arrested pursuant to the SC Rule on
Body-Worn Cameras.
Section 77. Commencement of preliminary investigation. A preliminary

investigation proceeding is commenced:
(a) By the filing of a complaint directly with the DOJ or any local
prosecution office;
(b) By referral from or upon request of the LEA that investigated the
incident involving any offense under the Act;
(c) Upon request of a person arrested or detained pursuant to an arrest

without warrant who executes a waiver in accordance with the
provisions of Article 125 of the Revised Penal Code (RPC);
[29]
(d) By an order or upon the directive of the court or other competent

authority; or
(e) Upon the initiative of the Council.
Section 78. Preferential attention to cases of TIP. All cases of TIP shall be
given preferential attention and should, therefore, be investigated and resolved
within the periods indicated in the Revised Rules on Criminal Procedures.
Section 79. Prescriptive Period. TIP cases under the Act shall prescribe in
ten (10) years: Provided, however, That TIP cases committed by a syndicate or
in a large scale as defined in the Act or against a child, shall prescribe in twenty
(20) years.
The prescriptive period shall commence to run from the day on which the
trafficked person is delivered or released from the conditions of bondage, or in
the case of a trafficked child, from the day the child reaches the age of majority,
Provided, That in case of trafficked overseas domestic household workers, the
age of majority shall be twenty-four (24) years old.
The period shall be interrupted by the filing of the complaint or information and
shall commence to run again when the proceedings terminate without the
accused being convicted or acquitted or are unjustifiably stopped for any reason
not imputable to the accused.
Section 80. Institution of civil action. Pursuant to the Revised Rules on

Criminal Procedure, when a criminal action is instituted, the civil action arising
from the offense charged shall be deemed instituted with the criminal action
unless the trafficked person waives the civil action, reserves the right to institute
it separately or institutes the civil action prior to the criminal action.
Section 81. Filing fees for separate civil action. When the trafficked person
institutes a separate civil action for the recovery of civil damages, he/she shall
be exempt from the payment of filing fees.
Section 82. Venue. The offenses punishable under the Act shall be considered
as a continuing offense and may be filed in Court in the place where the offense
was committed, or where any of its elements occurred, or where the trafficked
person actually resides at the time of the commission of the offense. The court
where the criminal action is first filed shall acquire jurisdiction to the exclusion
of other courts.
Cases involving TIP shall be heard in the chamber of the RTC duly designated
as Family Courts.
Section 83. Speedy disposition of TIP cases. Where practicable and unless
special circumstance require otherwise, the procedures under SC Circular No.
38-98 implementing the Speedy Trial Act and the Revised Guidelines for
[30]
Continuous Trial (A.M. No. 15-06-10-SC) may apply in cases involving the trial
of TIP cases for offenses under the Act.
Pursuant to Office of the Court Administrator (OCA) No. 151-2010 cases

involving violation of R.A. No. 9208 shall be heard continuously with hearing
dates spaced not more than two weeks apart.
Article 2
Prosecution of TIP Cases
Section 84. Designation of Prosecutors. The Secretary of Justice shall

designate prosecutors who shall investigate and prosecute TIP cases in all
prosecution offices in the country.
Section 85. Deputation of private prosecutors. Subject to the approval of the

court, a private prosecutor may be authorized in writing by the Prosecutor
General, or the head of the local prosecution office where the public prosecutor
is assigned or appearing in the family court to prosecute the case. Once so
authorized, the private prosecutor shall continue to prosecute the case up to
the end of the trial unless the authority is revoked or otherwise withdrawn.
The private prosecutor shall prosecute the case under the control and
supervision of the public prosecutor assigned or appearing in the Family Court
where the case has been raffled.
Section 86. Cooperation with DMW in the prosecution of TIP and illegal
recruitment cases. Pursuant to R.A. No. 8042, as amended by R.A. No. 10022
(Migrant Workers and Overseas Filipinos Act of 1995), the DOJ prosecutors
shall collaborate with the Migrant Workers Protection Bureau of the DMW in the
prosecution of cases involving both illegal recruitment and TIP committed in the
guise of, or under the pretext of overseas employment.
Article 3
Prohibitions during Investigation and Prosecution
Section 87. Non-dismissal of TIP cases on the basis of an affidavit of

desistance. Cases involving TIP should not be dismissed based on the affidavit
of desistance executed by the trafficked persons or their parents or legal
guardians. Public and private prosecutors are directed to oppose and manifest
objections to motions for dismissal.
Section 88. Prohibition against influencing complainant to execute

affidavit of desistance. It shall be prohibited for any person to perform an act
involving the means provided in the Act or any attempt thereof for the purpose
of securing an Affidavit of Desistance from the complainant.
Section 89. Prohibition against urging complainant to abandon legal

action. It shall be prohibited for the DFA, the Department of Labor and
[31]
Employment (DOLE), and the DMW officials, LEOs, prosecutors and judges to
urge complainants to abandon their criminal, civil and administrative complaints
for TIP.
Section 90. Violation of Sections 88 and 89. The acts under Sections 88 and
89 herein which refers to Section 8(j) of the Act, as amended, shall be
considered as acts that promote TIP under Sections 5(h) or 5(j) of the Act and
shall be punished in accordance with the penalty prescribed for such violation.
Article 4
Civil Forfeiture Proceedings
Section 91. Provisional remedies under the Rules on Civil Forfeiture.

Subject to the Rules on Civil Forfeiture, Rule 10 and Rule 12 of the 2018
Implementing Rules and Regulations of R.A. No. 9160, as amended, when
probable cause exists that a monetary instrument or property is related to an
activity involving any of the prohibited acts defined in the Act, the Council or the
handling public or private prosecutor, social worker, or representative of child-
care institution, may request the assistance of the AMLC in filing:
(a) An application/petition for issuance of freeze order;
(b) An action for civil forfeiture; and/or
(c) A petition for the issuance of provisional asset preservation order.
Section 92. Effect of provisional asset preservation order. In accordance

with the Rules on Civil Forfeiture, the provisional asset preservation order shall
forbid any transaction, withdrawal, deposit, transfer, removal, conversion,
concealment or other disposition of the subject monetary instrument, property,
or proceeds.
Article 5
Asset Forfeiture based on Conviction
in a Criminal Action
Section 93. Forfeiture of the Proceeds and Instruments Derived from TIP.
The prosecution may pursue criminal forfeiture by an allegation in the criminal
information that it will institute a case against the subject of the offense, the
proceeds or the fruits of the offense, or any property used as the means of
committing an offense.
(a) The Rule on Asset Preservation, Seizure, and Forfeiture in Criminal

Cases under R.A. No. 9160, as amended (A.M. No. 21-03-13-SC),
shall govern the procedure in the criminal forfeiture of monetary
instruments or properties related to violations of Sections 4 to 6 of
the Act.
[32]
(b) The trial prosecutor may avail of the provisional remedies in criminal
cases to ensure the confiscation, preservation and forfeiture of the
said properties.
(c) If the offender is a public officer or employee, the forfeiture of his/her

property found to be unlawfully acquired shall be governed by R.A.
No. 1379 (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).
Article 6
Confidentiality of all Proceedings
Section 94. Confidentiality. At any stage of the investigation, rescue,

prosecution and trial of an offense under this Act, LEOs, prosecutors, judges,
court personnel, social workers and medical practitioners, as well as parties to
the case, shall protect the right to privacy of the trafficked person.
The name and personal circumstances of the trafficked person or any other
information tending to establish the identity of the trafficked person or his/her
family, which may include the identity of the suspect, shall not be disclosed to
the public.
Section 95. Duties of Officers. LEOs, prosecutors and judges to whom the
complaint has been referred may, whenever necessary to ensure a fair and
impartial proceeding, and after considering all circumstances for the best
interest of the parties, order a closed-door investigation, prosecution or trial.
The abovementioned officers and professionals shall be trained on the

importance of maintaining confidentiality as a means to protect the right to
privacy of trafficked persons and to encourage trafficked persons to file
complaints and assess validity of any waiver of confidentiality.
RULE VI
VICTIM PROTECTION AND ASSISTANCE
Article 1
Overall Policy
Section 96. Overall policy on victim protection and assistance. Measures

shall be established to ensure that trafficked persons are protected from further
exploitation and harm, and shall have access to adequate physical and
psychosocial care. Responsible agencies shall ensure that protection and
assistance services to trafficked persons are provided in a child- and gender-
sensitive manner.
Section 97. Immediate Protection of Trafficked Persons. Trafficked persons

of all ages shall be entitled to immediate temporary protective shelter from the
[33]
DSWD: Provided, That if the trafficked person is located outside the Philippines,
the relevant FSPs or MWO shall provide the same; Provided further, That a
LEO, on a reasonable suspicion that a person is a trafficked person shall
immediately place that person in the temporary custody of the LSWDO or any
accredited licensed shelter institution devoted to protecting trafficked persons
after the rescue.
Trafficked children shall immediately be placed under the protective custody of
the DSWD, pursuant to R.A. No. 7610 (Special Protection of Children Against
Abuse, Exploitation and Discrimination Act).
Article 2
Legal Protection for Trafficked Persons
Section 98. Non-liability of Trafficked Persons. The consent of the trafficked

person to the intended exploitation is irrelevant. Trafficked persons shall not be
penalized for unlawful acts committed as a direct result of, or as an incident or
in relation to, being trafficked, or in obedience to the order made by the trafficker
in relation to said acts.
Section 99. Repeal of Article 202 of the RPC. Section 21 of the Act repealed
Article 202 of the RPC, as amended by R.A. No. 10158 (An Act Decriminalizing
Vagrancy, Amending for This Purpose, Article 202 of Act No. 3815);
accordingly, trafficked persons shall no longer be prosecuted, fined or
penalized for prostitution and vagrancy.
Section 100. No liability for Wiretapping and/or illegal interception.

Trafficked persons, of whatever age, shall not be liable under the provisions of
R.A. No. 4200 or R.A. No. 10175, (Cybercrime Prevention Act of 2012) if they
record, transmit, or perform any other acts directly or indirectly related to the
reporting of any violation of this Act committed against them.
Section 101. Right to Privacy. (a) The name and personal circumstances of
a trafficked person or any other information tending to establish their identity
and their families shall not be disclosed to the public.
(b) All records and proceedings under this Act, from the initial contact until
the final disposition of the case, shall be considered privileged and confidential.
Section 102. Prohibition against victim-blaming. Persons, officials, officers,

agencies or organizations involved in the reporting, investigation, or trial of
cases of gender- based violence shall refrain from any act or statement that
may be construed as blaming the victim or placing responsibility for the offense
committed against the trafficked person.
Section 103. Irrelevance of past sexual behavior. The past sexual behavior
or the sexual predisposition of a trafficked person shall be considered
inadmissible in evidence for the purpose of proving consent of the trafficked
[34]
person to engage in sexual behavior, or to prove the predisposition, sexual or

otherwise, of a trafficked person.
Article 3
Witness Protection
Section 104. Preferential Entitlement under the Witness Protection

Security and Benefits Program (WPSBP). Trafficked persons and their family
members shall be entitled to protection as well as preferential entitlement to the
rights and benefits of witnesses under R.A. No. 6981 (Witness Protection,
Security and Benefit Act), Provided, That the trafficked person or family
member possess all the qualifications and none of the disqualifications under
the said law.
Section 105. Application for coverage. The LEO, service provider handling
the case of a trafficked person, the trafficked person, a witness, or a family
member of the trafficked person or witness, may file an application for coverage
at the WPSBP Secretariat at the DOJ Office in Manila or the nearest local
prosecution office through the handling prosecutor.
The handling prosecutor shall endorse the application to the WPSBP

Secretariat, stating therein the urgency or necessity of such coverage.
Article 4
Compensation for Trafficked Persons
Section 106. Compensation for Trafficked Persons under R.A. No. 7309.
A trafficked person shall also be considered as a victim of a violent crime as
defined under Section 3 (d) of R.A. No. 7309 (An Act Creating a Board of Claims
Under the Department of Justice for Victims of Unjust Imprisonment or
Detention and Victim of Violent Crimes and for Other Purposes), so that the
trafficked person may claim compensation therein.
Article 5
Protection of Trafficked Persons who are Foreign Nationals
Section 107. Legal Protection of trafficked persons who are foreign

nationals. Trafficked person in the Philippines who are nationals of a foreign
country shall be entitled to appropriate protection, assistance and services
available to trafficked person and shall be allowed continued presence in the
Philippines for a period of fifty-nine (59) days to enable them to effect the
prosecution of the offenders. Such period may be renewed upon showing of
proof by the trial prosecutor that their further testimony is essential to the
prosecution of the case. The trial prosecutor shall course the request for
extension to the Council, which shall accordingly act upon the same. If such
request is granted, the registration and immigration fees of such foreign
[35]
nationals shall be waived. The Council, for this purpose, shall develop
additional guidelines to implement this provision.
Section 108. Trafficked persons who are asylum seekers and refugees.
Disclosure of personal data of foreign nationals who are trafficked persons in
the Philippines and have a pending asylum application with, or have been
recognized as refugees by, the DOJ-Refugees and Stateless Persons
Protection Unit (RSPPU) should only be done with the trafficked person’s freely
given, informed, and written or recorded consent. In cases when consent is not
required or when disclosure is necessary to prevent serious, foreseeable, and
imminent harm to trafficked person or to another person, disclosure shall be
made only in accordance with the exception under Section 13 of R.A. No. 10173
(Data Privacy Act of 2012).
Article 6
Free Legal Assistance and Counsel
Section 109. Free legal services. Trafficked persons shall be provided with
free legal services which shall include information about their 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.
Section 110. Establishment of free legal assistance mechanism. The DOJ

shall establish a mechanism for free legal assistance for trafficked persons, in
coordination with DSWD. It shall endeavor to enter into a Memorandum of
Agreement (MOA) with the Integrated Bar of the Philippines (IBP) as well as
with NGOS and volunteer legal groups for the provision of legal assistance to
trafficked persons. The DOJ or the Council shall conduct a training program for
the IBP and volunteer groups on assistance and protection of trafficked persons
and the Act.
Section 111. Free legal assistance for Filipino trafficked persons of

international TIP. The DFA shall provide free legal assistance and counsel to
Filipinos trafficked overseas in order to pursue legal action against the
traffickers, represent their interests in any criminal investigation or prosecution,
and assist in the application for social benefits and/or regular immigration status
as may be allowed by the host country.
Such free legal assistance shall be funded through the Legal Assistance Fund
(LAF) established under R.A. No. 8042, as amended.
The DMW and OWWA shall extend free legal assistance to persons trafficked
under the pretext of, or by means of recruitment for overseas employment. This
free legal assistance shall include legal advice; assistance in the preparation
and filing of administrative, labor and/or criminal actions; and assistance in the
prosecution of persons who engage in, promote and facilitate TIP by means of,
or in the guise of, recruitment for overseas employment.
[36]
Such assistance shall be coordinated with the DFA, especially when the
trafficked persons are found in destination or transit countries.
Article 7
Mandatory Services
Section 112. Information on available programs and services. All service

providers shall immediately provide information to trafficked persons about their
rights, the nature of protection and available assistance and support. Such
information shall be provided in a language that the trafficked persons
understand.
When the trafficked person is a child, interviews, examination and other forms
of investigation shall be conducted by specially trained professionals in a
suitable environment and in a language that the child uses and understands. In
all stages of the proceedings, all officials involved shall ensure that the best
interests of the child are upheld and protected.
As much as possible, to avoid repetitive interviews which may cause the re-
traumatization of trafficked persons, interviews of trafficked children shall be
recorded pursuant to the requirements under the Rule on Examination of Child
Witness (A.M. NO. 004-07-SC).
Section 113. Mandatory Services to Trafficked Persons. To ensure

recovery, rehabilitation and reintegration into the mainstream of society,
concerned government agencies shall make available the following services to
trafficked persons:
(a) Temporary shelter or appropriate housing. – The government shall

ensure that trafficked persons shall have access to temporary
shelter. The DSWD and LGUs shall provide temporary shelter to
trafficked persons through the TIP Center or in any DSWD shelters
or DSWD–accredited shelters. The MWO shall provide temporary
shelter to trafficked persons located abroad.
(b) Counseling. – The DSWD and LGUs shall ensure that trafficked
persons are provided with appropriate counseling services. The DOH
shall also provide the necessary assistance to trafficked persons to
promote their mental health by improving access to quality care and
hasten their recovery to participate fully in society.
(c) Free legal services. – Trafficked persons shall be informed of their

rights and the procedure for filing complaints, claiming compensation
and such other legal remedies available to them, in a language
understood by them.
[37]
(d) Medical or psychological services. – Trafficked persons needing

medical and psychological or psychiatric services, particularly those
who are assessed to be suffering from or may be vulnerable to
psychological injury, shall be referred to appropriate agencies or
institutions for such services. The DOH shall make available its
resources and facilities in providing health care to trafficked persons
which shall, at all times be held confidential.
(e) Livelihood and skills training. – The DOLE, DSWD, Technical

Education and Skills Development Authority (TESDA), National
Reintegration Center for OFWs (NRCO), LGUs, and other
government agencies shall facilitate and create access to livelihood,
skills training and sustainable employment for trafficked persons and
their families.
(f) Educational assistance to a trafficked child. – Department of

Education (DepEd) shall provide opportunities for trafficked persons
in the educational mainstream through the basic education and non-
formal education curricula.
Article 8
Recovery, Rehabilitation and Reintegration Programs
Section 114. Comprehensive Healing, Recovery, Rehabilitation and

Reintegration Program. (a) The DSWD, LGUs, NGOs and other concerned
agencies shall develop and implement a comprehensive, child-friendly and
gender-responsive program for the recovery, rehabilitation and reintegration of
trafficked persons, such as educational assistance to trafficked person and their
immediate family; support for trafficked persons as witnesses; transportation
assistance; financial assistance for employment; and financial assistance for
livelihood.
(b) The active involvement and participation of trafficked persons 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.
(c) The active cooperation and coordination with NGOs and other members
of the civil society, including the business community, tourism-related
industries, or media in the rehabilitation and reintegration of trafficked persons
shall be undertaken.
(d) The LGUs shall be responsible for the proper implementation of the
recovery and reintegration program for trafficked persons; Provided, That the
DSWD shall monitor and evaluate the implementation of the program and
conduct an audit of LSWDOs.
[38]
Section 115. Case management procedures. All service providers shall be

guided by a case management manual for trafficked persons developed by
DSWD.
The following minimum procedures shall be observed by all service providers

in implementing a comprehensive program for the recovery, rehabilitation and
reintegration of trafficked persons:
(a) The trafficked person may go or be brought to the nearest DSWD,

LSWDO or accredited NGO for assistance;
(b) The DSWD, LSWDO or accredited NGO social worker shall conduct
an assessment of the psychosocial condition of the trafficked person.
Thereafter, an intake interview and initial assessment shall be
conducted utilizing a child- or gender-sensitive and trauma-informed
interview method to determine the appropriate intervention. On the
basis of such assessment, a responsive action through planning and
intervention plan shall be prepared;
(c) The DSWD, LSWDO or accredited NGO social worker shall, when
necessary, admit the trafficked person to a residential facility for
temporary shelter. Upon admission, the head of the center or facility
shall immediately inform the local social worker from the trafficked
person’s origin or place of residence and invite said social worker to
the admission conference in order to facilitate the future reintegration
process;
(d) Provide comprehensive services or interventions based on the

rehabilitation plan, in coordination with appropriate agencies,
including temporary shelter, medical assistance, counseling,
psychological services, legal, educational assistance, transportation
assistance, livelihood and skills training, after-care services, and
other appropriate services. The DSWD, LSWDO or accredited NGO
social workers shall also monitor implementation and periodically
evaluate or update the rehabilitation plan until the trafficked person
has been reintegrated with their family and community.
Section 116. Case documentation and referrals. All DSWD, LSWDO or

accredited NGO case managers or social workers shall use the National
Recovery and Reintegration Database (NRRD) for documenting and tracking
delivery of services to trafficked persons and the National Referral System
(NRS) in facilitating and documenting referrals.
Section 117. Continuing capability building of service providers. (a) The

frontline agencies and the service providers, including LEAs, social workers,
ATN at FSPs, police and other relevant attachés, OWWA welfare officers,
Commission on Filipinos Overseas (CFO) case officers, medical practitioners,
must undergo training and other capability building activities to enhance their
[39]
knowledge and skills in child and gender-sensitive and trauma-informed

handling of TIP cases to prevent further traumatic stress and facilitate more
effective crisis interventions, recovery and reintegration services.
(b) The DSWD shall likewise implement training programs for the utilization
of the NRRD and NRS, trauma-informed care and gender-responsive case
management by case managers and social workers, in coordination with
RRPTP focal, LGUs and NGOs.
(c) DFA-foreign service institute shall integrate a module on management

of TIP cases in the pre-departure orientation seminar for all deployable
personnel including all relevant attachés.
Section 118. Documentation of good practices. The DSWD shall conduct

data banking, research and documentation of good practices in rehabilitation
and reintegration programs. It shall identify efficient and effective measures and
services for the trafficked persons and their families. For this purpose, the
DSWD shall convene a periodic program review and sharing sessions.
Section 119. Accreditation of residential facilities and recovery and

reintegration program standards. The DSWD shall develop and/or
continually evaluate accreditation and recovery and reintegration program
standards for residential facilities catering to trafficked persons. It shall provide
technical assistance to LGUs and NGOs with such facilities and programs to
ensure compliance with standards.
Section 120. Harmonization of reintegration programs. The DSWD, DOLE,

DILG, OWWA, DMW-NRCO, TESDA, LGUs and NGOs shall harmonize their
respective reintegration programs for trafficked persons.
RULE VII
PROTECTION FOR SERVICE PROVIDERS
Section. 121. Immunity from suit, prohibited acts and injunctive remedies.
No action or suit shall be brought, instituted or maintained in any court or
tribunal or before any other authority against any: (a) law enforcement officer;
(b) social worker; or (c) person acting in compliance with a lawful order from
any of the above, for lawful acts done or statements made during an authorized
rescue operation, recovery or rehabilitation/intervention, or an investigation or
prosecution of a TIP case; Provided, That such acts shall have been made in
good faith.
Whenever a complaint is brought against any of the officers mentioned above

the resolving investigator shall promptly resolve the complaint.
In the regular performance of this function, the DSWD shall be free from any
administrative, civil, or criminal liability. Custody proceedings shall be in
[40]
accordance with the provisions of P.D. No. 603 (Child and Youth Welfare
Code).
Section 122. Social protection. Agency heads shall take all possible
measures to ensure protection including but not limited to hazard pay,
insurance, psychosocial services, psychological services and/or counseling for
job-related stress and secondary trauma and safety of service providers in the
performance of their duties under the Act and these rules and regulations.
Section 123. Duty to disclose and act on threat against service providers.
Service providers shall report to their superior, LEAs and other appropriate units
any threat, harassment, or any form of danger that they may encounter in the
course of the performance of duties.
Agency heads shall immediately take appropriate action on reports, formal or

non-formal, written or verbal, of any threat, harassment, or any form of danger
brought to their attention.
RULE VIII
IMPLEMENTATION MECHANISMS
Article 1
The Inter-Agency Council Against Trafficking
Section 124. IACAT and its Composition. The Council shall be the primary
body responsible for coordinating, monitoring and overseeing the
implementation of the Act. It shall be chaired by the Secretary of Justice and
co-chaired by the Secretary of Social Welfare and Development. It 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 Education;
(e) Secretary, Department of Health;
(f) Secretary, Department of Information Communications Technology;
(g) Secretary, Department of Migrant Workers;
(h) Secretary, Department of Tourism;
(i) Secretary, Department of Transportation;
(j) Administrator, Philippine Overseas Employment Administration;
(k) Commissioner, Bureau of Immigration;
(l) Chief, Philippine National Police;
(m) Commandant, Philippine Coast Guard;
(n) Chairperson, Philippine Commission on Women;
(o) Chairperson, Commission on Filipinos Overseas;
(p) Chairperson, National Commission on Indigenous Peoples;
(q) Director, National Bureau of Investigation;
(r) Executive Director, Philippine Center for Transnational Crimes;
[41]
(s) Executive Director, Council for the Welfare of Children;

(t) Executive Director, National Authority for Child Care;
(u) Executive Director, Anti-Money Laundering Council;
(v) President of the League Provinces of the Philippines;
(w) President of the League Municipalities of the Philippines;
(x) President of the League Cities of the Philippines;
(y) One (1) representative from an NGO representing the women sector;
(z) One (1) representative from an NGO representing the overseas
Filipinos sector; and
(aa) One (1) representative from an NGO representing the children
sector.
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 125. Qualifications, Selection and Appointment of NGO and its

Representatives. (a) The minimum qualifications of the NGO members are the
following:
(1) Duly licensed and registered non-stock, non-profit, and non-

government organization in the Philippines and accredited by the
DSWD listed in its Registry of Social Welfare Development
Agencies in the Philippines;
(2) Has a proven track record of implementing anti-trafficking programs

or services nationwide for at least five (5) years;
(3) Majority of its clients/beneficiaries belong to the sector it seeks to

represent; and
(4) Has no pending criminal, civil, or administrative cases or

investigation before any office, court or tribunal.
If the NGO is a member of a national or international coalition or federation, a

significant segment of its network is composed of organizations and individuals
belonging to the sector it represents.
(b) The NGO shall be represented by its head or managing officer, who shall
have the following qualifications:
(1) Has been involved in anti-trafficking work for at least two (2) years;
and
(2) Has no pending criminal, civil, or administrative cases or

investigation before any office, court or tribunal.
[42]
(c) The NGO and its representative shall be nominated by any government
agency Council member. The Council shall, by a majority vote, select the NGO
and its representative for endorsement to the President of the Philippines.
(d) The President shall appoint the NGO and its representatives for a term
of three (3) years, and may be re-appointed for another three-year term. Until
the President of the Philippines appoints new NGO members, the existing NGO
members shall seat in a hold-over capacity in the Council.
(e) The Council, through a resolution adopted unanimously, may

recommend to the President the revocation of the appointment of the NGO and
its representative, when the NGO and its representative failed to comply with
the minimum requirements or qualifications of a sectoral representative, or for
justifiable grounds.
Section 126. Functions of the Council. The Council shall have the following
powers and functions:
(a) Formulate a comprehensive and integrated program to prevent and

suppress TIP, utilizing a multi-disciplinary and collaborative approach
in the service delivery to, and case management of, trafficked persons
and their families, including livelihood opportunities, and the
development of school-based and community-based TIP preventive
education programs, and psychosocial interventions by a multi-
disciplinary team for the trafficked person and their families;
(b) Promulgate rules and regulations as may be necessary for the effective
implementation of the Act;
(c) Monitor and oversee the strict implementation of the Act;
(d) Coordinate the programs and projects of the various member agencies
to effectively address the issues and problems attendant to TIP;
(e) Coordinate the conduct of massive information dissemination and

campaign on the law, the various issues and emerging trends of TIP;
(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 the Act;
(h) Strengthen existing programs for the reintegration of trafficked persons

in cooperation with DOLE, DSWD, DMW, TESDA, Commission on
Higher Education (CHED), LGUs and NGOs;
[43]
(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 the Act;
(j) Complement the shared government information system for migration

established under R. A. No. 8042, as amended, with data on TIP cases
and ensure that the proper agencies conduct a continuing research
and study on the patterns and scheme of TIP which shall form the basis
for policy formulation and program direction;
(k) Strengthen mechanisms to ensure the timely, coordinated, and

effective response to TIP cases;
(l) Develop measures to enhance cooperative efforts and mutual

assistance among foreign countries through bilateral and/or
multilateral arrangements to prevent and suppress international TIP;
(m) Coordinate with the Department of Information and Communications

Technology (DICT), Department of Trade and Industry (DTI), and other
NGOs in monitoring the promotion of advertisements that tend to
promote TIP;
(n) Adopt measures and policies to protect the rights and needs of
trafficked persons who are foreign nationals in the Philippines;
(o) Initiate training programs in identifying and providing the necessary

intervention or assistance to trafficked persons;
(p) Regularly assess current data collection on, and the reporting and
monitoring system for, TIP, and identify gaps in implementation;
(q) Develop an effective referral system which concerned government

agencies and NGOs can use to coordinate the provision of the
necessary intervention or assistance that can be provided to trafficked
persons;
(r) Conduct periodic studies with other stakeholders, such as LGUs, civil
society, and the academe to build more empirical evidence on TIP
cases;
(s) Develop an integrated case management system or TIP data sets to

facilitate the coordination and monitoring among the members of the
Council and ensure the proper recovery and reintegration of the
trafficked persons;
(t) Impose administrative sanctions on the violations of the Act and its
implementing rules and regulations as well as its order and resolutions;
and
[44]
(u) Exercise all the powers and perform such other functions necessary to
attain the purposes and objectives of the Act.
Section 127. Reportorial Function. The Council shall submit to the Office of
the President of the Philippines an annual comprehensive report on the actions
and programs taken by the Council relative to, and concerning, the
implementation of the Act every 15th of January of each year.
Each Member of the Council shall submit a quarterly report to the IACAT
Secretariat on the anti-trafficking programs and initiatives taken by their
respective agencies or organizations for consolidation to the report to submitted
to the President.
Section 128. Meetings of the Council. The Council shall meet regularly at
least once every quarter. Special meetings may be called by the Chair as the
need arises. Majority of the members of the Council shall constitute a quorum
to transact business.
Section 129. Honoraria or Emoluments. The Members of the Council or their

designated permanent representatives shall receive honoraria or emoluments
as may be determined by the Council in accordance with existing budget and
accounting rules and regulations.
Article 2
Secretariat
Section 130. Organization. The Secretariat for the Council is established in

accordance with Section 22 of the Act. To ensure the effective operation and
implementation of its functions and the efficient delivery of services, the
Secretariat shall be composed of the Operations Division and Policy and
Program Division, comprising various operational sections, such as, the
Training Section, Public Information and Communications Section, Case
Monitoring and Task Force Section, Planning Section and External Affairs
Section.
The Secretary of Justice shall review the organizational structure of the

Secretariat vis-a-vis its functions for the purpose of increasing the staff. Such
organizational structure and staffing pattern shall be submitted to the
Department of Budget and Management (DBM) for its approval.
Section 131. Functions. The IACAT Secretariat shall provide support for the
functions and projects of the Council and shall have the following functions:
(a) Coordinate and monitor the implementation of the policies and

guidelines promulgated by the Council;
[45]
(b) Oversee the various programs and projects initiated and funded by the
Council or in partnership with other government agencies and NGOs;
(c) Maintain and manage a central database on TIP;
(d) Prepare an annual report on TIP and such other reports as may be
required by the Council;
(e) Organize forum to share the report among policy makers and other key
stakeholders to generate recommendations for policy reform and
program development or enhancement;
(f) Update manuals, guidelines and other similar instruments as may be

necessary to enhance victim identification procedures, protection and
assistance to trafficked persons, and investigation and prosecution of
cases, and strengthen inter-agency collaboration.
(g) Assist in developing a child- age- and gender-sensitive integrated

human resource development program for all government officials and
personnel dealing with the issue of TIP;
(h) Provide secretariat, record- keeping and other services to the Council;
and
(i) Perform such other functions as may be directed by the Council.
Section 132. Head of the Secretariat. The Secretariat shall be headed by an

Executive Director and shall be appointed by the Secretary of Justice, upon the
recommendation of the Council. The Executive Director shall be under the
direct supervision of the Secretary of Justice.
He shall be assisted by two (2) Deputy Executive Directors for each division.
Section 133. Qualifications of the Executive Director. The Executive

Director must have adequate knowledge on TIP and sufficient education,
training and experience in the field of law, law enforcement, social work,
criminology or psychology.
Section 134. Functions of the Executive Director. The Executive Director

shall perform the following functions:
(a) Act as secretary of the Council and shall be the technical and
administrative head of its Secretariat;
(b) Advise and assist the Chairperson in formulating and implementing the
policies, plans and programs of the Council, including mobilization of
the member agencies of the Council as well as other relevant
government offices, task forces, and organizations;
[46]
(c) Serve as principal assistant to the Chairperson in the overall

supervision of Council’s administrative business;
(d) Oversee and supervise all operations and activities of the Secretariat;
(e) Propose effective allocation and mobilization of resources, including

the annual budget for anti-trafficking plans and programs;
(f) Prepare and submit annual and other periodic reports to the Council,
the President and Congress on the state of the anti-trafficking
campaign in the country; and
(g) Perform such other duties as the Council may assign.
Section 135. Special units established by the Council. The operations of

the special units of the Council shall be supervised by the Secretariat, including
the following:
(a) IACAT Operation Center (OpCen);

(b) Tahanan ng Iyong Pag-asa (TIP Center);
(c) Advocacy and Communications Committee (ADVOCOM);
(d) IACAT Cyber-Trafficking in Persons Unit (ICTU); and
(e) Victim-Witness Coordinator (VWC) Program.
Article 3
The Philippine Anti-Trafficking Database
Section 136. Review and full implementation of the Philippine Anti-

Trafficking in Persons Database (PATD). The Council shall review the PATD
for the purpose of enhancing its features. The process shall also include the
review of the existing data bases, such as but not limited to, NRRD, Integrated
Case Management System (ICMS) and the Prosecutor’s TIP Case
Management System (PTCMS). The PATD shall serve as the central anti-
trafficking database referred to in Section 16-A of the Act. For this purpose, the
IACAT Secretariat shall develop the operations manual of the PATD that will
include requirements for authorizing and monitoring access to the database.
The IACAT Secretariat shall be the administrator of the PATD.
Section 137. Harmonization and standardization of databases. To ensure

efficient data collection, the Council, through the Secretariat, shall undertake
measures to harmonize and standardize relevant databases, especially as
regards minimum data requirements, definitions, reporting formats, data
collection systems, and data verification systems. It shall make sure that such
databases shall have, at the minimum, the following information:
[47]
(a) The number of cases of TIP, sorted according to status of cases,

including the number of cases being investigated, submitted for
prosecution, dropped, and filed and/or pending before the courts and
the number of convictions and acquittals;
(b) The profile/information on each case;
(c) The number of trafficked persons referred to the agency disaggregated

by destination countries/areas and by area of origin; and
(d) Data on trafficked persons and the accused/defendants,

disaggregated by age, sex, ethnicity, and type of disability, if any.
Section 138. Agency-based monitoring and data collection system. All

government agencies tasked under the law to undertake programs and render
assistance to address TIP shall develop their respective monitoring and data
collection systems and databases, for purposes of ensuring efficient collection
and storage of data on TIP cases handled by their respective offices. Such data
shall be submitted to the Council for integration.
Article 4
Roles and Responsibilities of Relevant Agencies
Section 139. Common roles and responsibilities of Council member

agencies. All member government agencies of the Council shall have the
following common roles and responsibilities:
(a) Develop the necessary agency child- and gender-sensitive policies

and programs supportive and consistent with the objectives of the
Act;
(b) Enhance the capability of its officers and personnel involved in TIP
issues and concerns, particularly on emerging trends of TIP through
appropriate training and staff support programs;
(c) Undertake information, education and advocacy campaigns against

TIP, in consultation with the Council and the Secretariat to achieve
efficiency and greater impact;
(d) Maintain a database on TIP, disaggregated by age, sex, ethnicity,

and type of disability, if any, to be shared among relevant agencies
and complement the central database to be established by the
Council;
(e) Document good practices as bases for policy formulation and

program development;
[48]
(f) Undertake regular monitoring and evaluation of their anti-trafficking

programs, and submit annual reports for consolidation of the IACAT
Secretariat; and
(g) Ensure to provide or include in their annual budget/appropriation

funds for the implementation of anti-trafficking programs and
initiatives.
Section 140. Specific Roles and Responsibilities of Council Member

Agencies. The following national government agencies shall have, but not
limited to, the following roles and responsibilities in the prevention and
suppression of TIP and the protection and assistance of trafficked persons:
Agency Roles and Responsibilities

(a) Department of (1) Ensure the prosecution of persons accused of TIP.
Justice (DOJ)
(2) Designate and train special prosecutors who shall handle
and prosecute TIP cases.
(3) Provide legal and technical advice to the LEAs.
(4) Facilitate international and mutual legal assistance on the

preservation and production of computer data and collection
of electronic evidence.
(5) Establish a mechanism for free legal assistance for trafficked

persons, in coordination with the DSWD, IBP and other
NGOs and volunteer groups.
(6) Conduct trainings and continuous education programs on

investigation and prosecution for TIP and other related
offenses for prosecutors and LEOs.
(7) Make or process requests for mutual legal assistance or

extradition.
(8) Coordinate with international law enforcement and

prosecution authorities for the prosecution of human
traffickers with a cross-border element.
(9) Institutionalize, in coordination with BI, border control

mechanisms to enforce the provisions of this Act.
(10) Coordinate with and provide assistance to AMLC on cases

of TIP with possible money laundry underpinnings.
(11) Review and recommend policies and measures to enhance

protection against TIP.
(12) Negotiate mutual legal assistance and extradition treaties

with other countries in coordination with the DFA.
(b) Department of (1) Develop gender-responsive and trauma-informed

Social Welfare counseling, rehabilitative, and protective programs for
and trafficked persons including prevention, rehabilitation, and
[49]
Development reintegration programs for children, taking into consideration

(DSWD) the unique needs and requirements to enable them to cope
with the trauma that they have suffered on account of TIP.
(2) Ensure that the national recovery and reintegration database

is updated and maintained, and that the national referral
system which shall coincide with the local referral system,
shall be implemented.
(3) Establish free temporary shelters for the protection and

housing of trafficked persons for the provision of
psychological support and counseling, 24-hour call center for
crisis calls and technology-based counseling and referral
system.
(4) Conduct information campaigns in communities and schools,

teaching parents and families that receiving consideration in
exchange for adoption is punishable under the law.
(5) Conduct information campaigns to educate and enjoin

parents not to give their children up for adoption in exchange
for any consideration.
(6) Develop a system for accreditation among NGOs for

purposes of establishing centers and programs for
intervention in various levels of the community.
(7) Develop and implement a healing, recovery and reintegration

program for trafficked persons under Section 24 of the Act.
(c) Department of (1) Make available its resources and facilities for trafficked
Foreign Affairs persons regardless of their manner of entry to the receiving
(DFA country.
(2) Explore means to further enhance its assistance in

eliminating TIP activities through closer networking with
government agencies in the country and overseas.
(3) Provide Filipino trafficked persons overseas with free legal

assistance and counsel to pursue legal action against his/her
traffickers, who shall represent his/her interests in any
criminal investigation or prosecution.
(4) Assist the trafficked persons in the application for social

benefits and/or regular immigration status as may be allowed
or provided for by the host country.
(5) Repatriate trafficked persons with their consent of the

victims, and assist in the prosecution of their traffickers.
(6) Take necessary measures for the efficient implementation of

the e-passporting system.
(7) In coordination with DMW, shall provide free temporary

shelters and other services to Filipino trafficked persons
overseas through the MWO.
(8) In coordination with the BI and the DOJ, shall:
[50]
(i) Ensure, as far as practicable, that all convicted sex

offenders in all jurisdictions, or those listed in the registry
of sex offenders in their own countries shall not be
allowed entry in the Philippines;
(ii) Develop mechanisms to ensure the timely, coordinated,

and effective response to cross-border TIP cases;
(iii) Provide immediate protection, repatriation, or both, to

Filipino trafficked persons overseas;
(iv) Recommend measure and undertake joint activities to

enhance cooperative efforts and mutual assistance
among foreign countries through bilateral or multi-lateral
arrangements to promote the registration of TIP and sex
offenders and their notification to persons concerned;
(v) Adopt measures and policies to protect the rights and

needs of trafficked persons who are foreign nationals or
asylum seekers, refugees, stateless applicants and
stateless persons in the Philippines; and foreign NGOs
caring for and protecting trafficked persons; and
(vi) Initiate training programs to capacitate government

agents and NGOs in identifying and providing the
necessary measures for intervention or assistance to
trafficked persons.
(9) Ensure that all responsible officers in the Foreign Service

shall advise the DMW, through the fastest means of
communication available, the discovery and other relevant
information on said trafficked migrant workers.
(d) Department of (1) Ensure the strict implementation and compliance with the
Labor and rules and guidelines relative to standard labor conditions and
Employment the employment of persons locally and across all sectors.
(DOLE)
(2) Monitor, document and report TIP cases involving employers
and formal and informal labor recruiters across all sectors.
(3) Provide employment facilitation and livelihood opportunities

to trafficked persons.
(4) Assist in the prosecution of employers hiring trafficked

foreign nationals.
(5) In coordination with DFA and DMW, it shall provide free

temporary shelters and other services to Filipino trafficked
persons.
(6) Provide reintegration support to trafficked persons upon their

repatriation.
(e) Department of (1) Institute a systematic information and prevention campaign

the Interior and in coordination with pertinent agencies of government.
Local
[51]
Government (2) Provide capacity-building trainings and awareness-raising

(DILG) programs to LGUs, in coordination with their local anti-
trafficking in persons committees or councils to support the
effective implementation of a community-based TIP
education program and to ensure wide understanding and
application of the Act at the local level.
(3) Include in the LGU accreditation and local permit processing

of tourism enterprises a protocol that shall emphasize anti-
trafficking objectives, the various forms by which TIP is
committed, and the concomitant responsibility of tourism
enterprises to report actual and possible acts of TIP to the
authorities, in coordination with the leagues of provinces,
cities and municipalities.
(4) Mandate LGUs to pass an ordinance to combat TIP and

other forms of exploitation at the local level.
(5) Develop and implement a TIP preventive education program

aimed at educating and orienting the public about the crime,
how it is perpetrated in current society, and the services
available for trafficked persons.
(6) Investigate LGUs for non-compliance with its mandates

under the Act and relevant rules issued by the Council or the
DILG and recommend the appropriate filing of an
administrative case against erring public officials to the
Ombudsman.
(f) Department of (1) Provide measures, including the conduct of information

Education campaigns, to prevent TIP and other exploitative acts, such
(DepEd) as OSAEC in educational institution.
(2) Establish reporting mechanisms in the school system

consistent with its child protection and gender and
development programs.
(3) Develop a teacher training manual and modules or

curriculum for students aimed at raising their awareness on
the perils of TIP and the prevention of TIP and other
exploitative forms of behavior.
(4) Implement a school-based anti-trafficking preventive

education program, in coordination with the Council, the
CHED, the TESDA, and civil society.
(5) Provide opportunities for trafficked persons in the

educational mainstream through the basic education and
non-formal education curricula.
(6) Conduct information campaign to parents about TIP,

including OSAEC, and the dangers it poses to their
children/students.
(g) Department of (1) Make available resources and facilities in providing health
Health (DOH) care to trafficked persons, which shall at all times be held
confidential.
[52]
(2) Develop a comprehensive program to prevent the TIP for the

removal or sale of organs for implementation by the local
health offices.
(3) Assist, including technical assistance and providing

expertise, in the investigation and prosecution of the TIP for
the removal or sale of organs.
(4) Undertake and sustain activities to increase public

awareness on TIP for the removal or sale of organs, which
may include awareness among medical practitioner, family
and patient information and education, public education, and
advocacy campaigns
(5) Assist in the investigation and prosecution of traffickers of

infants born in health facilities.
(h) Department of (1) Formulate policies, rules, and regulations to ensure that
Information and internet intermediaries will comply with their duties to notify,
Communications preserve, and disclose data, as well as install available
Technology technology to block or filter any form of child trafficking, child
sexual abuse, or CSAEM or CSAM, in coordination with
(DICT)
Cybercrime Investigation and Coordinating Council (CICL),
National Privacy Commission (NPC) and National
Telecommunications Commission (NTC).
(2) Extend immediate assistance for the prevention of the

commission of cybercrime offenses related to TIP,
particularly online exploitation of children.
(3) Assist LEAs and prosecution agencies in the investigation of

TIP committed through the use of information and
communications technology.
(i) Department of (1) Provide free legal assistance and counsel to trafficked Migrant
Migrant Workers Workers (MWs) to pursue legal action against their offenders
(DMW) and represent their interests in any criminal investigation or
prosecution.
(2) Repatriate trafficked MWs, with their consent and assist in the
prosecution of their traffickers
(3) Establish a mechanism with all responsible officers in the

Foreign Service to ensure coordination, through the fastest
means of communication available, the discovery and other
relevant information on said trafficked MW.
(4) Subsume the functions of the POEA pursuant to R.A. No.

11641.
(j) Department of (1) Formulate and implement preventive measures against sex
Tourism (DOT) tourism packages and the use of tourism enterprises as situs
or location of TIP, in coordination with the Council and other
relevant government agencies.
[53]
(2) Develop a comprehensive program, including policies and

guidelines, to address and prevent TIP in the travel and
tourism industry and in places of amusement.
(3) Develop a set of criteria as basis for accreditation of tourism

enterprises by its local tourism offices, such as enactment of
a local tourism child protection policy in partnership with an
NGO that is involved in preventing sexual exploitation of
children in the travel and tourism industry.
(4) Ensure that all anti-trafficking safeguards, and relevant

national and local labor standards and practices are being
followed, adopted and implemented in all tourism enterprises,
the travel and tourism industry and in places of amusement.
(5) Provide training to tourist security officers on surveillance,

investigation and rescue operation strategies.
(6) Develop a system of coordination with LEAs/LGUs in

reporting actual and possible acts of TIP to the authorities of
TIP cases.
(7) Educate and train communities, including tourist workers,

about TIP and on how to report TIP cases.
(k) Department of (1) Develop a comprehensive program and awareness campaign

Transportation to assist all transportation sectors, including Transport
(DOTr) Network Vehicle Services (TNVS), and transportation
personnel, such as airline flight attendants, airport agents, taxi
and bus drivers, and passenger boat crew in victim
identification and reporting incidents of TIP.
(2) Provide guidelines for the land, sea and air transport providers
to train their personnel in TIP.
(3) Standardize guidelines for monitoring TIP in every port.
(l) Philippine (1) Implement pre-employment orientation seminars (PEOS) and

Overseas accredit NGOs and other service providers conducting PEOS.
Employment
Administration (2) Formulate a system of providing free legal assistance to
trafficked persons especially those involving TIP in the guise
(POEA)
of overseas employment.
(3) Create a blacklist of recruitment agencies, illegal recruiters

and persons facing administrative, civil and criminal
complaints for TIP filed in the receiving country and/or in the
Philippines and those agencies, illegal recruiters and persons
involved in TIP cases.
(4) To transfer the operation and/or implementation of the

programs and responsibilities herein to the DMW who shall
assume and perform all their powers and functions pursuant
to R.A. No. 11641.
[54]
(m) Bureau of (1) Administer and enforce immigration and alien administration
Immigration laws.
(BI)
(2) Disallow entry of foreign nationals who have been blacklisted
or placed in watchlist status for having committed sex
offenses against women and children, or similar activities as
TIP and OSAEC in any jurisdiction.
(3) Adopt measures for the apprehension of suspected traffickers

both at the place of arrival and departure.
(4) Ensure stronger border protection against TIP including the

regulation of visa upon arrivals.
(5) Ensure compliance by the Filipino fiancés/fiancées and

spouses of foreign nationals with the guidance and counseling
requirement as provided for in this Act.
(6) Train immigration officers in detecting or preventing TIP at the

borders.
(n) Philippine Coast (1) Conduct regular inspections, surveillance, investigation, and
Guard (PCG) arrest of individuals or persons suspected to be engaged in
TIP at sea.
(2) Coordinate with other LEAs to secure concerted efforts for

effective investigation and apprehension of suspected
traffickers.
(3) Establish a system to receive complaints and calls to assist

trafficked persons and conduct rescue operations.
(4) Provide capacity-building programs to its regional, city, and

municipal units, in coordination with other concerned
agencies, in ensuring wide understanding and application of
the Act at the local level.
(5) Encourage and support anti-trafficking initiatives from the

national to the local levels.
(o) Philippine (1) Investigate reports involving TIP, including alleged TIP
National Police activities in different airports and seaports through its aviation
(PNP) security group and maritime group.
(2) Conduct surveillance, investigation and arrest of individuals or

persons suspected to be engaged in TIP.
(3) Coordinate closely with other LEAs to secure concerted

efforts for effective investigation and apprehension of
suspected traffickers.
(4) Coordinate with other government agencies which may have

initially processed complaints for TIP.

[55]
(6) Ensure that deployed personnel to the office of the police

attaché are capable of investigating TIP cases in a child and
gender sensitive manner.
(7) Strengthen the anti-trafficking section under the Women and

Children Protection Desks (WCPD) nationwide.
(8) Integrate in the program of instruction a comprehensive child

and gender sensitive management of TIP cases in the PNP
training school and other schools operated and managed by
the PNP.
(9) Provide capacity building to the senior cadets of the Philippine

National Police Academy in coordination with Council.
(10) Enter into international arrangements with counterpart

foreign law enforcement units.
(11) Conduct joint investigations with counterpart foreign law

enforcement units.
(p) Philippine (1) Participate and coordinate in the formulation and monitoring
Commission on of policies addressing the issue of TIP in coordination with
Women (PCW) relevant government agencies.
(2) Advocate for the inclusion of the issue of TIP in both its local
and international advocacy for women’s issues.
(3) Actively advocate and participate in international and regional

discussion and initiatives in TIP in women and include the
same in all of its international commitments and policy
pronouncements. Where possible and appropriate, provide
inputs to bilateral and multilateral collaborative projects on
TIP.
(4) Assist the Council in the formulating and monitoring policies

addressing the issue of TIP in coordination with relevant
government agencies.
(5) Assist the Council in the conduct of information dissemination

and training on gender-responsive case management,
treatment and reporting of trafficked persons to frontline
government agencies, NGOs and the general public.
(6) Assist the Council in the development of gender responsive

documentation system in coordination with other agencies
through its monitoring of the situation of women particularly on
violence against women.
(q) Commission on (1) Provide pre-departure registration services for Filipino

Filipinos emigrants, including Filipino spouses and other partners of
Overseas (CFO) foreign nationals.
(2) Conduct pre-departure counseling services for Filipinos in

intermarriages and bi-national couples including orientation
on TIP and other forms of exploitation and reporting
mechanisms and services available to the trafficked persons.
[56]
(3) Maintain a watch list database of foreign nationals with a

history of domestic violence, involvement in TIP, mail-order-
bride schemes, child abuse, and sexual abuse.
(4) Develop a system of accreditation of NGOs that may be

mobilized for purposes of conducting pre-departure
counseling services for Filipinos in intermarriages and bi-
national couples.
(5) Ensure that the counselors shall have the minimum

qualifications and training of guidance counselors as provided
for by law.
(6) Supervise the operation of a 24/7 hotline facility, 1343

Actionline, against TIP that responds to emergency or crisis
calls from trafficked persons, their families, and the general
public, in coordination with the Council.
(7) Assist in the conduct of information campaigns against TIP in

coordination with LGUs, the Philippine Information Agency
(PIA), and NGOs.
(r) National (1) Develop a program for the prevention of TIP of indigenous
Commission on persons and in indigenous cultural communities, in
Indigenous coordination with the Council.
Peoples (NCIP)
(2) Educate and train indigenous persons and in indigenous
cultural communities about TIP, which cannot be the subject
of settlement in accordance with tribal customs.
(s) National Bureau (1) Investigate reports involving TIP.

of Investigation
(NBI) (2) Undertake surveillance, investigation and arrest of individuals
or persons suspected to be engaged in TIP.
(3) Closely coordinate with other LEAs to secure concerted

efforts for effective investigation and apprehension of
suspected traffickers.

(5) Establish an anti-trafficking section.
(6) Enter into international arrangements with foreign law

enforcement counterparts.
(7) Conduct joint investigations with counterpart foreign law

enforcement units.
(t) Philippine (1) Undertake strategic research on the structure and dynamics
Center on of TIP with transnational crime dimension, predict trends and
Transnational analyze given factors for the formulation of individual and
Crime (PCTC) collective strategies for the prevention and detection of TIP
and the apprehension of criminal elements involved.
[57]
(2) Strengthen information exchange on TIP between and among

government agencies, foreign counterparts and international
organizations.
(3) Serve as the focal point in international enforcement

coordination on TIP particularly with the International Criminal
Police Organization (INTERPOL) and cooperation with
regional and international foreign counterparts.
(4) Promote the development of training courses in relation to

combating TIP.
(5) Enter into international arrangements on transnational

organized crimes, including TIP.
(u) Council for the (1) Integrate in its development and strategic frameworks issues
Welfare of and concerns affecting TIP in children and ensure the
Children (CWC) adoption of such frameworks by the LGUs and other
stakeholders.
(2) Advocate against the trafficking of children.
(3) Improve data on TIP in children through integration of critical

and relevant indicators into the monitoring system for children.
(4) Adopt policies and measures that will protect and promote the
rights and welfare of trafficked children and coordinate and
monitor their implementation.
(5) Implement policies and program interventions to address

issues on trafficking of children.
(v) National (1) Advocate for the rights of children under alternative child care
Authority for programs and/or adoption against TIP.
Child Care
(NACC) (2) Train NACC Social Workers and develop capable, responsive
and trauma-informed counseling, rehabilitative, and protective
programs for trafficked children under the jurisdiction of the
NACC.
(3) Extend training and programs to the representatives and/or

social workers of child caring agencies or other facilities
extending care to children, including local, city, and municipal
social workers.
(4) Conduct information dissemination programs to educate the

public on the legal process of adoption/alternative child care
programs.
(5) Develop and implement a comprehensive updated database

of all children under the jurisdiction of the NACC, the
prospective adoptive parents, adoptive parents, and/or foster
parents.
(6) Include current issues concerning children under the

jurisdiction of the NACC in developing guidelines and
frameworks for effective and efficient processes and further
implement policies to protect the rights of children under the
[58]
jurisdiction of the NACC and the adoptive or foster parents, as

applicable.
(w) Anti-Money (1) Assist in the financial investigation of TIP cases as a predicate
Laundering offense of money laundering.
Council (AMLC)
(2) Act on request for issuance of freeze orders and institution on
civil forfeiture proceedings against the assets of the
traffickers.
(3) Assist the Council and LEAs in building their capacities to

conduct parallel financial investigation on the proceeds and
instruments of TIP.
(4) Promulgate the necessary rules and regulations to monitor the

reporting of financial intermediaries in relation to TIP-related
activity or transaction which shall include among others the
guidelines to determine suspicious activity and indicators that
TIP- related activities are being conducted.
Section 141. Roles and Responsibilities of NGO Council members. The

NGO members of the Council shall have the following roles and responsibilities:
(a) Assist government agencies in formulating and implementing
policies, programs and information, education and communication
(IEC) campaign against TIP;
(b) Assist in capability building activities of government personnel and

share their experiences and expertise in handling TIP cases;
(c) Coordinate with concerned government agencies, LGUs and other

NGOs in reporting alleged perpetrators, rescuing trafficked persons,
and cooperate in conducting investigation/ surveillance, if indicated;
(d) Undertake programs and activities for the prevention of TIP, rescue,
recovery and reintegration of trafficked persons and other support
services for their families;
(e) Document and/or assist in the documentation of TIP cases, including

submission of data to the NRRD;
(f) Disseminate guidelines to all its network members, local and

international, on policies and programs addressing issues on TIP;
(g) Formulate educational module to address the demand side of TIP;
(h) Consult and coordinate anti-trafficking efforts of other NGOs and civil
society organizations (CSOs) in accordance with the sector they
represent (i.e. children, women, and OFWs) and report the same to
the Council through the Secretariat; and
[59]
(i) Perform such other tasks as may be agreed upon by the Council.
Section 142. Roles and responsibilities of other relevant national

government agencies. Consistent with their mandates under existing laws,
the following agencies shall integrate TIP issues in their strategy and program
formulation and implement programs and services for the prevention and
suppression of TIP and for the protection of trafficked persons.
Agency Roles and Responsibilities
(a) Overseas (1) Conduct pre-departure orientation seminars (PDOS) and
Workers Welfare accredit NGOs and other service providers conducting PDOS.
Administration
(OWWA) (2) Formulate a system of providing free legal assistance to
trafficked persons, in coordination with DFA.
(3) Repatriation of trafficked OWWA members.
(4) Provision of psychosocial and other reintegration and other

services to its members.
(5) Provide airport assistance to all trafficked OWWA members.
(b) Commission on (1) Conduct advocacy and training programs relating to anti-
Human Rights trafficking.
(CHR)
(2) Investigate and recommend for prosecution violations of the
Act.
(3) Provide legal and financial assistance to trafficked persons.
(4) Integrate anti-trafficking efforts in the Barangay Human Rights

Action Center (BHRAC).
(5) Monitor government compliance to international human rights

treaty obligations related to the suppression/elimination of
TIP.
(c) Department of (1) Institute a systematic information and prevention campaign in

Agriculture (DA) coordination with the agencies of government as provided for
and Bureau of in this Act.
Fisheries and
(2) Provide capacity-building programs to its regional, city, and
Aquatic
municipal units, in coordination with the Council and other
Resources concerned agencies, to ensure wide understanding and
(BFAR) application of this Act, including the local agriculture and
fisheries sector.
(3) Encourage and support anti-trafficking initiatives in the

national and local levels.
(4) Establish a system for receiving complaints and calls of

assisting trafficked persons, and facilitating the referral of
these complaints to the appropriate agency, particularly TIP
committed in the agriculture and fisheries sectors.
[60]
(d) National Council (1) Develop programs for the prevention of TIP with disability
on Disability (PWDs); and
Affairs (NCDA)
(2) Provide assistance to PWDs who are trafficked persons.
(e) Philippine (1) Develop guidelines to monitor Philippine Off-Shore Gaming

Amusement and Operator establishments to ensure compliance with the
Gaming provisions if this Act, in coordination with the Council and the
Corporation DOLE.
(PAGCOR)
(2) Monitor gaming and amusement venues to prevent TIP and
prosecute violators.
(f) Philippine Ports (1) Enhance its security measures and undertake regular
Authority (PPA) inspections of the country’s ports and harbors.
(2) Coordinate with other LEAs for effective investigation and

apprehension of suspected traffickers.
(3) Develop programs to address and prevent TIP committed

within the ports under their jurisdiction.
(g) Philippine (1) Enhance public awareness on TIP, pertinent laws and
Information possible actions to prevent victimization and re-victimization
Agency (PIA) by developing public advocacy program as well as printing
and distributing appropriate information materials.
(h) Office of Civil (1) Develop guidelines for the prevention of TIP in emergency,
Defense- disaster, pandemic and crisis situations.
National
Disaster Risk (2) Direct Local Disaster Risk Reduction Management Office
(LDRRMO) and Council (LDRRMC) to develop programs to
Reduction and
prevent and protect survivors of disaster or conflict from
Management perpetrators of TIP.
Council (OCD-
NDRRMC)
Section 143. Assistance of other agencies and institutions. In

implementing the Act and these rules and regulations, the agencies concerned
may seek and enlist the assistance of NGOs, people’s organizations (POs),
civic organizations and other volunteer groups, which will all likewise be
encouraged to assume the same roles and responsibilities enumerated in
Section 142.
Section 144. Roles and Responsibilities of Local Government Units

(LGUs). LGUs shall develop and implement programs to prevent TIP, monitor
and document TIP cases, and provide support to trafficked persons including
their subsequent rehabilitation and reintegration. To this end, they shall:
(a) Ensure that the Violence Against Women and Children desks in all
barangays are activated and staffed by trained personnel who are
[61]
able to provide immediate and appropriate support to trafficked

persons;
(b) Organize and ensure the smooth functioning of a sub-committee on

TIP as an integral part of the local anti-trafficking in persons council
that shall recommend policies and programs aimed at ensuring the
protection of children against TIP and grant honoraria to local anti-
trafficking in persons committees or council members to ensure total
active participation;
(c) Document and monitor cases of TIP in their respective areas of

jurisdiction, effect the cancellation of licenses of establishments
which violate the provisions of the Act, ensure effective prosecution
of TIP cases, and prescribe compliance with the Act as requisite for
the issuance and renewal of licenses and permits to establishments
within their respective jurisdictions, including internet service
providers, internet content hosts, internet cafes and establishments
offering Wi-Fi services, tourism enterprises and malls, transportation
services, and financial intermediaries;
(d) Ensure the provision of necessary services to trafficked persons,

such as temporary shelter, board and lodging, transportation,
counseling and documentation, among others;
(e) Coordinate with, refer, and endorse to the DSWD all TIP cases;
(f) Undertake an information campaign against TIP through the

establishment of the Migrants Advisory and Information Network
(MAIN) desks in municipalities or provinces in coordination with the
DILG, PIA, CFO, NGOs and other concerned agencies. They shall
develop a system for accreditation among NGOs for purposes of
establishing centers and programs for intervention in various levels
of the community;
(g) Encourage and support community-based initiatives which address

the TIP;
(h) Enact ordinances to localize and strengthen the implementation of

the Act by providing local services and programs to trafficked persons
and other exploitative behavior;
(i) Develop a system for accreditation of NGOs and CSOs for purposes
of establishing centers and programs for interventions in the
community;
(j) Submit regular reports to the Council on TIP cases and programs
undertaken to prevent and address TIP; and
[62]
(k) Provide livelihood grants to support the economic empowerment of

poor households, in order to increase their financial capacities and
address household crises which force them to engage in TIP.
The Leagues of Provinces, Municipalities and Cities shall recommend

measures and ensure the implementation of the LGUs’ roles and
responsibilities. LGUs may seek and enlist the assistance of NGOs, POs, civic
organizations and other volunteer groups and ensure to provide or include in
their annual budget/appropriation funds for the implementation of anti-TIP
programs and initiatives.
The DILG shall ensure compliance by LGUs of this provision, investigate

violations thereof, and recommend the appropriate filing of an administrative
case against erring public officials to the Ombudsman.
Any act or omission in violation of this provision, and which is defined and
penalized under the RPC or any special law, shall be prosecuted and punished
under the applicable law.
Article 5
Duties and Responsibilities of the Private Sector
Section 145. Duties of Internet Intermediaries. Internet intermediaries,

including ISPs, internet content hosts, participative network platform providers,
financial intermediaries, and electronic money issuers, shall:
(a) Adopt in their terms of services or service agreements with third-party

users or creators of contents, products, and services the prohibition
of any form of child trafficking, CSAEM or CSAM, or exhibition of any
form of sexual exploitation of children in their facilities, infrastructure,
server and platforms; Provided, That for foreign internet
intermediaries, the terms of service or service agreements of which,
whether for one or more contents, products, or services, already
incorporate a substantially similar prohibition shall be deemed
compliant with this provision; Provided, further, That this requirement
applies to terms of service or service agreements with third-party
users or creators of contents, products, and services for, or
applicable to, products and services accessible from the Philippines.
(b) Cooperate, as far as practicable, with LEAs for the prosecution of

offenders and the preservation of evidence, including the provision of
subscriber information, traffic data, or both, of any person or
subscriber who has committed, is committing or is attempting to
commit any violation of the Act upon formal request of duly
authorized LEAs, with no need of warrant, and in accordance with
due process, pursuant to Section 9 of the Act.
[63]
(c) Compile and maintain a comprehensive list of child trafficking,

CSAEM or CSAM, or any form of sexual exploitation of children-
related Uniform Resource Locators (URLs); Provided, That the list is
updated regularly by partnering or coordinating with, or obtaining
memberships in, widely-recognized organizations and coalitions that
maintain a comprehensive list of child abuse image content, URL list
and image hashes, among others.
(d) Preserve and protect the integrity of all subscribers or registration

information and traffic data in its control and possession relating to
communication services provided by an internet intermediary, within
one (1) year from the date of the transaction for the purpose of the
investigation and prosecution of all forms of TIP.
Provided, That, upon notice by the DOJ, PNP, NBI, or the DICT-
CICC, the preservation of such relevant evidence shall be extended
for another year as may be deemed necessary. Provided however,
That the relevant evidence that needs preservation shall be expressly
identified and specified.
For the purpose of extending the preservation of subscriber’s or

registrant’s information and traffic data, the DOJ, PNP, NBI or the
DICT-CICC shall coordinate with the internet intermediary.
(e) Immediately block access to, remove, or take down the internet
address, URL website, or any content thereof, containing all forms of
TIP, CSAEM or CSAM, or any form of sexual exploitation of children,
within twenty four (24) hours from notice of the DOJ, PNP, NBI, or
the DICT-CICC, or upon knowledge of the existence of an attempt to
commit or an actual act of TIP being committed within their control;
Provided, That the provision in the preceding paragraph on
preservation of subscriber data shall apply and shall be extended as
may be deemed necessary by the DOJ, PNP, NBI, or the DICT-
CICC.
“Notice” herein shall mean written notice from the DOJ, PNP, NBI, or
DICT-CICC, which states among others:
(1) that it is issued pursuant to Section 9(a)(5) of the Act and

Section 145(e) of this IRR;
(2) the name of the issuing agency (i.e. DOJ, PNP, NBI, or the
DICT-CICC);
(3) the name and signature of the authorized official in
accordance with the rules of the agency;
(4) the date on which it was signed;
(5) the reference to the specific provision of the Act alleged to be
violated;
[64]
(6) the specific internet address, URL, website, or any content to

be blocked/removed/taken down; and
(7) such other facts as may be necessary to show the relevance
of the request to the prosecution/investigation.
“Knowledge” shall mean actual knowledge of the existence of an

attempt to commit or an actual act of TIP being committed within their
control, which may include the receipt of reports containing the
specific internet address, URL, website, or any content to be
blocked/removed/taken down, legal basis for alleged violation with
reference to the specific provision of the Act alleged to be violated,
and all other facts that the internet intermediaries may deem
necessary for them to facilitate a full review of the report. The reports
should clearly and distinctly state the facts from which it is apparent
that the internet address, URL, website, or any content thereof,
contains any form of TIP, CSAEM or CSAM, or any form of sexual
exploitation of children.
(f) Report to the DOJ, PNP, NBI, or the DICT-CICC the internet
addresses or websites blocked, removed, or taken down, or any form
of unusual content or traffic data involving all forms of TIP, child
pornography, or any form of sexual exploitation of children that is
within three (3) days of the blocking, removal, or taking down of the
same; Provided, That in case a foreign internet intermediary is
prohibited by its country to share data, the reports filed by such
foreign internet intermediary to the corresponding entity tasked by its
government to receive cybercrime reports shall be deemed in
compliance with this provision; Provided, however, That the said
foreign internet intermediary shall inform the DOJ, PNP, NBI, or the
DICT-CICC of such reporting; Provided further, That whatever
relevant data said foreign internet intermediary is not prohibited to
share shall nevertheless be reported to the DOJ, PNP, NBI, or the
DICT-CICC; Provided finally, That no internet intermediary shall be
held civilly liable for damages on account of any notice given in good
faith in compliance with this section.
(g) Upon request and notwithstanding the provisions of R.A. No. 10175,
and in accordance with R.A. No. 10173, provide the DOJ, PNP, NBI
or the DICT-CICC the subscriber information of any person who
gained or attempted to gain access to an internet site or internet
application which contains any form of child trafficking, CSAEM or
CSAM, or any form of sexual exploitation of children; Provided, That
the request must particularly describe the information asked for and
indicate the relevancy of such information to such case.
The request, which shall be in writing, must:
(1) Be addressed to the custodian of the data;
[65]
(2) State that it is issued pursuant to Section 9 (a)(6) of the Act

and Section 145(f) of this IRR;
(3) State the name of the issuing agency (i.e. DOJ, PNP, NBI, or
the DICT-CICC);
(4) State the name and signature of the authorized official in
accordance with the rules of the agency;
(5) State the date of the request;
(6) State that it is issued pursuant to the prosecution/investigation
of a person who is alleged to have committed, is committing,
or is attempting to commit a violation of the Act and provide
the provision that is alleged to have been violated;
(7) State the specific subscriber or account subject of the
prosecution/investigation, by indicating the relevant URL or
user ID used to identify the particular subscriber or account;
(8) State that the request is for subscriber information;
(9) State the facts necessary to show the relevance of the request
to the prosecution/investigation;
(10) Provide the relevant report identification number, if the
investigation/prosecution is connected to a report made to an
organization tasked by its government to receive cybercrime
reports; and
(11) Be submitted pursuant to the process established by the
internet intermediary for submitting such requests.
(12) The internet intermediary shall respond to the request in
writing including through electronic means.
Nothing in this section may be construed to require internet intermediaries to

engage in the monitoring of any user, subscriber, or customer, or the content of
any communication of any such person.
These duties and obligations shall be without prejudice to other duties and
obligations that may be imposed in other laws, particularly when the violations
involve OSAEC.
Any person who violates this Section, which is penalized under Section 9 of the
Act, shall suffer the penalty of a fine of not less than Two million pesos
(2,000,000.00) but not more than Five million pesos (5,000,000.00) for the first
offense. In case of subsequent offense, the penalty of a fine of not less than
Two million pesos (2,000,000.00) but not more than Ten million pesos
(10,000,000.00) and revocation of franchise and license to operate. Without
prejudice to the criminal liability of the person or persons willfully refusing to
perform the responsibilities under Section 9 of the Act, juridical persons owning
or managing the aforementioned enterprises shall be subsidiarily liable and
their license or permit to operate may be revoked.
Willful and intentional violations of the duties and responsibilities prescribed

herein and under Section 9 of the Act are punishable by six (6) years
imprisonment and a fine of not less than five hundred thousand pesos
(P500,000.00) as provided under Section 10(f) of the Act.
[66]
Section 146. Duties of Owners and Operators of Internet Café, Hotspots

and Kiosks, Money Transfer and Remittance Centers, Transport Services,
Tourism Enterprises, Malls, and Other Business Establishments Open
and Catering to the Public. (a) Owners and operators of internet cafes,
hotspots, kiosk, money transfer and remittance centers, transport services,
tourism enterprises, malls, and other business establishments open and
catering to the public are required to notify the PNP or NBI within forty-eight
(48) hours from obtaining facts and circumstances that violations of the Act are
taking place within their premises, or that their facilities and services are being
used to commit violations of the Act; Provided, That public display of any form
of CSAEM or CSAM within their premises is a conclusive presumption of the
knowledge of the owners, operators, or lessors of business establishments of
the violation of the Act.
(b) Establishments shall promote awareness against TIP through clear and
visible signages in both English and the local dialect, with local and national
hotlines posted within a conspicuous place in their facilities.
(c) Money transfer and remittance centers shall require individuals

transacting with them to present valid government identification cards.

Section 147. Responsibilities of Tourism Enterprises. (a) All tourism

enterprises shall notify the DSWD, DOJ, DOLE, PNP, or the NBI within forty-
eight (48) hours from obtaining facts and circumstances that TIP, including child
trafficking or sexual exploitation of children, is being committed in their
premises; Provided, That public display of any form of CSAEM or CSAM within
their premises is a conclusive presumption of the knowledge of the owners,
operators, or lessors of business establishments of the violation of the Act.
(b) All tourism enterprises shall post a notice containing the contact details
of TIP hotlines, both national and local, in a conspicuous place near the public
[67]
entrance, inside rest rooms, elevators, parking areas of the establishment, and
in other conspicuous locations where similar notices are customarily posted in
clear view of the public and employees. They shall likewise engage in anti-
trafficking advocacy as part of their corporate responsibility. For this purpose,
the Council shall develop a model notice that complies with the requirements of
this section and make it available for downloading in its internet website, and
for posting of LGUs and tourism enterprises.
(c) All tourism enterprises shall develop their own anti-trafficking tourism
policy in accordance with guidelines from Council and the DOT. They shall also,
in cooperation with the Council, DSWD, or a reputable NGO focused on anti-
trafficking in persons, train their employees who are likely to interact or come
into contact with trafficked persons in recognizing the signs of TIP and how to
report suspected TIP activity to the appropriate LEA. The Council shall, together
with the DSWD, develop a training curriculum or program and make the same
available for downloading in its internet website.
The preceding responsibilities of tourism enterprises shall be made part of the

requirements for accreditation by the local government and for the issuance of
the business permit to operate.

Section 148. Responsibilities of Financial Intermediaries. Any financial

intermediary or person working for, related to, or who has direct knowledge of
any TIP-related financial activity or transaction conducted through a financial
intermediary, shall have the duty to report any suspected TIP-related activity or
transaction to the concerned LEAs. Likewise, financial intermediaries shall have
the duty to report these activities to the AMLC in accordance with the suspicious
transaction reporting mechanism under R.A. No. 9160, as amended.
The AMLC shall promulgate the necessary rules and regulations for the
implementation of this provision which shall include, among others, the
guidelines to determine suspicious activity and indicators that TIP-related
[68]
activities are being conducted. The AMLC shall provide the necessary
guidelines with regard to this provision within three (3) months from the
effectivity of the Act.
Notwithstanding the provisions of R.A. No. 1405, as amended (An Act

Prohibiting Disclosure of or Inquiry Into, Deposits With Any Banking Institution,
And Providing Penalty Therefor), R.A. No. 6426 as amended, (Foreign
Currency Deposit Act of the Philippines), R.A. No. 8791 (The General Banking
Law of 2000), and other pertinent laws, the LEAs investigating TIP cases may
inquire into or examine any particular deposit or investment, including related
accounts, with any banking institution or non-bank financial institution; or
require financial intermediaries, internet payment system providers, and other
financial facilitators to provide financial documents and information, upon order
of any competent court based on ex parte application in cases of violations of
the Act, when it has been established that there is reasonable ground to believe
that the deposit or investments, including related accounts involved, are related
to TIP and violations of the Act.

Section 149. Hotels, Transient and Residential Houses, Condominium,

Dormitories and Apartments or any Analogous Living Spaces. – All
owners, lessors, sub-lessors, operators of hotels, residential homes and
dwellings offered for transient use, condominiums, dormitories, apartments, or
any analogous living spaces shall notify the PNP or the NBI immediately but
not later than forty- eight (48) hours from obtaining facts and circumstances that
TIP activities or OSAEC activities are being committed within their premises;
Provided, That actual knowledge by the owners, lessors, sub lessors,
operators, or owners, lessors, or sub lessors of other business establishments
is required for prosecution under the Act. Provided, further, That the receipt of
information that TIP activity has taken place in the premises also gives rise to
the duty to notify the PNP or the NBI.
[69]

Section 150. Non-violation of R.A. No. 10175 and R.A. No. 10173. The duties
and obligations of the above entities as stated herein, when requested by law
enforcers, prosecutors, and other investigative bodies through proper
processes and done in good faith, shall not be construed as a violation of R.A.
No. 10175 and R.A. No. 10173.
Article 6
Sub-national structures against TIP
Section 151. Existing sub-national structures. The existing Regional Inter-

Agency Committee Against Trafficking in Persons and Violence Against
Women and Children (RIACAT-VAWC), as well as the Local Committee against
Trafficking in Persons and Violence against Women and Children (LCAT-
VAWC) established at the provincial and city/municipality levels pursuant to the
Joint Resolution of the Inter-Agency Council Against Trafficking (IACAT) and
the Inter-Agency Council on Violence Against Women and Their Children (IAC-
VAWC) adopted by Council on June 14, 2006 and by IAC-VAWC on June 20,
2006 shall continue to exist and function.
As originally contemplated, it shall serve as the policy and program coordinating
and monitoring body of anti-trafficking efforts at the local level.
Section 152. Additional function of LCAT-VAWC. The LCAT-VAWC, through
the local social workers and in coordination with the barangay officials, shall
identify communities and families that are vulnerable to TIP for purposes of
providing appropriate interventions. They shall also recommend ordinance to
implement local programs and interventions on anti-trafficking in persons.
Section 153. Preparation and submission of reports. The existing sub-

national structures shall prepare and submit annual reports on local initiatives
according to the following schedule:
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(a) Every 15th of November – from municipal/component city to

provincial local anti-trafficking committee, if present; or from
municipal/component city social welfare and development office to
provincial social welfare and development office;
(b) Every 30th of November – from provincial/highly urbanized cities
(HUC) provincial social welfare and development committee to
DSWD Field Office;
(c) Every 15th of December - from DSWD Field Office to IACAT
Secretariat.
The Council in coordination with the IACVAWC shall develop standard annual
report templates and additional guidelines to ensure timely compliance.
Section 154. Technical assistance and functionality of local structures.

The DSWD and DILG shall provide technical assistance to LGUs in organizing
or strengthening the LCAT-VAWC. They shall likewise develop templates for
local policies and standards on the functionality of these structures in
addressing TIP. They shall also promote the utilization of the NRS and the
PATD. They shall regularly report to the Council the number of organized local
structures and the activities undertaken by the local structures for inclusion in
the annual and other reports of the Council.
Section 155. Assistance of other Council member agencies and NGOs.

The other member agencies of the Council including other NGOs shall likewise
extend assistance to local LGUs in organizing local IAC-VAWCs, especially in
building local capacity on developing TIP prevention programs and protection,
recovery and reintegration programs for trafficked. They shall report to the
Council such assistance and support to LGUs for inclusion in the annual and
other reports of the Council and ensure to provide or include in their annual
budget/appropriation funds for the implementation of anti-trafficking programs
and initiatives.
Article 7
Anti-Trafficking Task Forces
and Special Law Enforcement Units
Section 156. Specialized anti-trafficking task forces and/or units. (a)

Members of the Council may establish specialized anti-trafficking task-forces or
units to implement its mandate under the Act. These specialized units shall:
(1) Exclusively handle cases or reports involving TIP;
(2) Develop expertise of its respective members through the conduct

of capacity-building and continuous review and updating of
training programs for its members;
(3) Coordinate with the other task forces;
[71]
(4) Ensure the implementation of the specific roles and

responsibilities of the member agency concerned under the Act
and these rules and regulations;
(5) Assist in the establishment of similar units in local areas, as may

be necessary, and coordinate with these local task forces.
(b) The existing specialized task forces and units shall continue in its
operations in accordance with its respective mandates under the Act and
relevant Council Guidelines. These specialized task forces and units include:
(1) Under the DOJ, the National Inter-Agency Law Enforcement Task
Force Against Trafficking in Persons (NIATFAT) and the Regional
Anti-Trafficking Task Forces (RATTF) established at various
airports and seaports including land-based task forces.
(2) Under the PNP, the Women and Children Protection

Centers/Desks (WCPDs) nationwide, and a separate and
dedicated anti-trafficking in person unit (ATIP Unit) at the national
and regional levels.
(3) Under the NBI, Anti-Human Trafficking Division (AHTRAD).
(c) The member agencies shall continually assess and review the
operations of these task-forces. The amount necessary for the operations of
these specialized units shall be funded by the concerned member agencies and
may be supplemented by the Council.
Section 157. Sharing of information and conduct of typology workshops.

These specialized task forces and units shall periodically conduct sharing of
information sessions, typology workshops and similar activities to allow the
exchange of experiences and practices in the conduct of surveillance,
interdiction, arrest, investigation and prosecution of TIP cases among the
members of various task forces, specialist units and prosecutors toward
enhancing strategies and mechanisms to combat TIP.
Article 8
Capacity Building
Section 158. Capacity building framework and human resource

development program. The Council, in consultation with member agencies
and other stakeholders, shall develop and implement an integrated human
resource development program for all government officials and personnel
dealing with the issue of TIP. Such plan shall be pursued within the human
rights based approach and in a child- and gender-sensitive framework. For this
purpose, the Council and its member agencies shall allocate resources to
implement the program.
[72]
Section 159. Continuous development and updating of manuals,

guidelines and other similar instruments. The Council shall continuously
develop manuals, guidelines and other similar instruments as may be
necessary to enhance victim identification procedures, protection and
assistance to trafficked persons, and investigation and prosecution of cases,
and strengthen inter-agency collaboration.
RULE IX
PROHIBITED ACTS AND PENALTIES
Article 1
Prohibited Acts and Penalties
Section 160. Prohibited Acts and its penalties under R.A. 9208, as
amended. The following acts are prohibited under R.A. 9208, as amended:
(a) Acts of trafficking in persons. Section 4 of the Act prohibits any person
to commit, by means of a threat, or use of force, or other forms of coercion, or
through abduction, fraud, deception, abuse of power or of position, or through
taking advantage of the vulnerability of the person, or by giving or receiving of
payment or benefit to obtain the consent of a person having control over another
person, the following acts:
(1) To recruit, obtain, hire, provide, offer, transport, transfer, maintain,

harbor, 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
abuse or sexual exploitation, production, creation, or distribution of
CSAEM or CSAM, forced labor, slavery, involuntary servitude, or
debt bondage;
(2) To introduce or match for money, profit, or material, economic or

other consideration, any person or, as provided for under R.A. No.
10906 (Anti-Mail Order Spouse Act), any Filipino 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;
(3) 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;
(4) 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;
[73]
(5) To maintain or hire a person to engage in prostitution or pornography;
(6) To adopt persons by any form of consideration for exploitative

purposes or to facilitate the same for purposes of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
(7) To adopt or facilitate the adoption of persons, with or without

consideration, for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt
bondage or to facilitate illegal child adoptions or child-laundering, or
for other exploitative purposes;
(8) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain,

provide, offer, receive or abduct a person, for the purpose of removal
or sale of organs of said person;
(9) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire,

provide, receive or adopt a child to engage in armed activities or
participate in activities in the context of an armed conflict in the
Philippines or abroad;
(10) To recruit, transport, transfer, harbor, obtain, maintain, offer, hire,

provide or receive a person by means defined in Section 3 of the Act
for purposes of forced labor, slavery, debt bondage and involuntary
servitude, including a scheme, plan, or pattern intended to cause the
person either:
(i) To believe that if the person did not perform such labor or
services, he/she or another person would suffer serious harm or
physical restraint; or
(ii) To abuse or threaten the use of law or the legal processes;
(11) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer,

provide, adopt or receive a child for purposes of exploitation or
trading them, including the act of buying or selling a child, or both, for
any consideration or barter for purposes of exploitation. TIP for
purposes of exploitation of children shall include:
(i) All forms of slavery or practices similar to slavery, involuntary

servitude, debt bondage and forced labor, including recruitment
of children for use in armed conflict;
(ii) The use, procuring or offering of a child for prostitution, for the
production CSAEM, or CSAM, for pornographic performances;
[74]
(iii) The use, procuring or offering of a child for the production and
trafficking of drugs; and
(iv) The use, procuring or offering of a child for illegal activities or
work which, by its nature or the circumstances in which it is
carried out, is likely to harm their health, safety or morals; and
(12) To organize, provide financial support, or direct other persons to

commit the offenses defined as acts of TIP under the Act.
(13) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire,

provide, receive, or adopt a child for deployment abroad as migrant
worker.
Provided, That when the victim is a child, the means to commit these unlawful
acts as enumerated in the first paragraph of this section shall not be necessary;
Provided further, That in the case of overseas domestic work, a “child” means
a person below twenty-four (24) years old.
Under Section 10(a) of the Act, any person found guilty of committing any of
these acts 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) Acts that promote trafficking in persons. Section 5 of the Act prohibits
any person to commit the following acts which promote or facilitate TIP:
(1) To knowingly lease or sublease, use or allow to be used any house,

building, tourism enterprise, or any similar establishment; or any
vehicle or carrier by land, sea, and air; or any of their computer
system or computer hardware, other computer-related devices, or
any digital platform and application, for the purpose of promoting TIP;
(2) To produce, print and issue or distribute unissued, tampered or fake

passports, birth certificates, affidavits of delayed registration of births,
foundling certificates, travel clearances, counseling certificates,
registration stickers, overseas employment certificates or other
certificates of any government agency which issues these
certificates, decals and such other markers as proof of compliance
with government regulatory and pre-departure requirements for the
purpose of promoting TIP;
(3) 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 TIP;
(4) To assist in the conduct of misrepresentation or fraud for purposes of

facilitating the acquisition of clearances and necessary exit
[75]
documents from government agencies that are mandated to provide

pre-departure registration and services for departing persons for the
purpose of promoting TIP;
(5) 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, knowing they are not in possession of required travel
documents, or in possession of tampered, fake, or fraudulently
acquired travel documents, for the purpose of promoting TIP;
(6) To confiscate, conceal, or destroy the passport, travel documents, or

personal documents or belongings of trafficked persons in
furtherance of TIP or to prevent them from leaving the country or
seeking redress from the government or appropriate agencies;
(7) 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;
(8) To tamper with, destroy, or cause the destruction of evidence, or to

influence or attempt to influence witnesses, in an investigation or
prosecution of a case under the Act;
(9) To destroy, conceal, remove, confiscate or possess, or attempt to

destroy, conceal, remove, confiscate or possess, any actual or
purported passport or other travel, immigration or working permit or
document, or any other actual or purported government identification,
of any person in order to prevent or restrict, or attempt to prevent or
restrict, without lawful authority, the person’s liberty to move or travel
in order to maintain the labor or services of that person;
(10) To utilize his or her office to impede the investigation, prosecution or

execution of lawful orders in a case under the Act;
(11) For internet intermediaries to knowingly or by gross negligence allow

their internet infrastructure to be used for the purpose of promoting
TIP;
(12) For internet cafes, kiosks, and hotspots, including establishments

offering Wi-Fi access services to the public, to knowingly or by gross
negligence allow their facilities to be used for the purpose of
promoting TIP;
(13) For financial intermediaries, including banks and credit card

companies and money transfer or remittance centers, to knowingly
or by gross negligence allow their services, online platform and
applications, among others, to be used for the purpose of promoting
TIP;
[76]
(14) To knowingly or by gross negligence facilitate, assist, or help in the

entry into the country of persons who are convicted sex offenders
whether at international and local airports, territorial boundaries, and
seaports for the purpose of promoting TIP; or
(15) To arrange, facilitate, expedite, or cause the introduction or

encounter of persons who are suspected or convicted sex offenders
in any jurisdiction, to a child. The actual introduction or encounter
need not occur to be liable under this provision. It is enough that
there is a deliberate attempt to cause the introduction or encounter.
Under Section 10(d) of the Act, any person found guilty of committing any of
these acts shall suffer the penalty of imprisonment of fifteen (15) years and a
fine of not less than Five hundred thousand pesos (P500,000.00) but not more
than One million pesos (P1,000,000.00).
Any person who violates Section 161(13), which is prohibited under Section
5(m) of the Act, shall be deemed to have committed unlawful activities and shall
be penalized for money laundering as defined in R.A. No. 9160, as amended.
(c) Violation of Confidentiality. Section 7 of the Act prohibits:
(1) Any editor, publisher, and reporter or columnist in case of printed

materials, announcer or producer in case of television and radio,
producer and director of a film in case of the movie industry, or any
person utilizing tri-media facilities or electronic information
technology to cause publicity of the name, personal circumstances,
or any information tending to establish the identity of the trafficked
person except when the trafficked person in a written statement duly
notarized knowingly, voluntarily and willingly waives said
confidentiality.
(2) Any law enforcement officers, prosecutors, judges, court personnel,

social workers and medical practitioners to whom the complaint has
been referred to disclose to the public the name and personal
circumstances of the trafficked person or any other information
tending to establish the identity of the trafficked person and his/her
family shall not be disclosed to the public.
Under Section 10(f) of the Act, any person found guilty of committing any of
these acts 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).
(d) Use of trafficked persons. Section 11 of the Act prohibits any person
to buy or engage the services of a trafficked person for prostitution.
[77]
Provided, That P.D. No. 968 (Probation Law) shall not apply, any person found
guilty of this act shall suffer the penalty of:
(1) Prision Correccional in its maximum period to prision mayor or six

(6) years to twelve (12) years imprisonment and a fine of not less
than Fifty thousand pesos (P50,000.00) but not more than One
hundred thousand pesos (P100,000.00); Provided, however, That
the following acts shall be exempted thereto:
(2) If the offense under involves sexual intercourse or lascivious

conduct with a child, the penalty shall be reclusion temporal in its
medium period to reclusion perpetua or seventeen (17) years to
forty (40) years imprisonment 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);
(3) If it involves carnal knowledge of, or sexual intercourse with, a male

or female trafficking victim and also involves the use of force or
intimidation, to a victim deprived of reason or to an unconscious
victim, or a victim under twelve (12) years of age, instead of the
penalty prescribed in the subparagraph above the penalty shall be
a fine of not less than One million pesos (P1,000,000.00) but not
more than Five million pesos (P5,000,000.00) and imprisonment of
reclusion perpetua or forty (40) years imprisonment with no
possibility of parole; except that if the offender knows the person
that provided prostitution services is in fact a trafficked person, the
offender shall be penalized under Section 10 as a person violating
Section 4 of the Act; and if in committing such an offense, the
offender also knows a qualifying circumstance for trafficking, the
offender shall be penalized under Section 10 for qualified
trafficking. If in violating this section the offender also violates
Section 4, the offender shall be penalized under Section 10 and, if
applicable, for qualified trafficking instead of under this section;
(e) Deportation. If a foreigner commits any offense described by paragraph

(1) or (2) of this Section or violates any pertinent provision of the Act as an
accomplice or accessory to, or by attempting any such offense, he/she shall be
immediately deported after serving his or her sentence and be barred
permanently from entering the country; and
(f) Public official. – If the offender is a public official, he or she shall be

dismissed from service and shall suffer perpetual absolute disqualification to
hold public office, in addition to any imprisonment or fine received pursuant to
any other provision of the Act.
Section 161. Attempted Trafficking in Persons. Section 4(b) of the Act

prohibits the attempt to commit any of the offenses enumerated in Section 4
thereof. Where there are acts to initiate the commission of a TIP offense but the
[78]
offender failed to or did not execute all the elements of the crime, by accident
or by reason of some cause other than voluntary desistance, such overt acts
shall be deemed as an attempt to commit an act of TIP.
In cases where the victim is a child, any of the following acts shall also be
deemed as attempted trafficking in persons:
(a) Facilitating the travel of a child who travels alone to a foreign country
or territory without valid reason therefor and without the required
clearance or permit from the DSWD, or a written permit or justification
from the child’s parent or legal guardian;
(b) Executing, for a consideration, an affidavit of consent or a written

consent for adoption;
(c) Recruiting a woman to bear a child for the purpose of selling the child;
(d) Simulating a birth for the purpose of selling the child; and
(e) Soliciting a child and acquiring the custody thereof through any
means from among hospitals, clinics, nurseries, daycare centers,
refugee or evacuation centers, and low-income families, for the
purpose of selling the child.
Under Section 10 (b) of the Act, any person found guilty of committing
attempted trafficking in persons 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).
Section 162. Accomplice Liability. – Section 4(b) of the Act prohibits any
person who knowingly aids, abets, cooperates in the execution of any of the
offenses defined in the Act by previous or simultaneous acts shall be punished
as an accomplice under Section 10(c) of the 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).
Section 163. Accessory. – Whoever has the knowledge of the commission of

the crime, and without having participated therein, either as principal or as
accomplice, take part in its commission in any of the following manners:
(a) By profiting himself/herself for assisting the offender to profit by the

effects of the crime;
(b) By concealing or destroying the body of the crime or effects or

instruments thereof, in order to prevent its discovery; or
[79]
(c) By harboring, concealing or assisting in the escape of the principal of

the crime, provided the accessory acts with abuse of his or her public
functions or is known to be habitually guilty of some other crime.
Under Section 10(d) of the Act, any person found guilty of committing any of
these 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).
Section 164. Qualified Trafficking in Persons. – The acts of trafficking in

persons under Section 6 of the Act shall be considered as qualified trafficking:
(a) When the trafficked person is a child; Provided, That acts of OSAEC
shall be without prejudice to appropriate investigation and
prosecution under other related laws;
(b) When the adoption is effected through R.A. No. 8043 (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;
(c) 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;
(d) When the offender is a spouse, an ascendant, parent, sibling,

guardian or a person who exercises authority over the trafficked
person or when the offense is committed by a public officer or
employee;
(e) When the trafficked person is recruited to engage in prostitution with

any member of the military or law enforcement agencies;
(f) When the offender is a member of the military or law enforcement

agencies;
(g) When by reason or on occasion of the act of TIP, the offended party
dies, becomes insane, suffers mutilation or is afflicted with Human
Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency
Syndrome (AIDS);
(h) When the offender, commits one or more acts of trafficking under
Section 4 of the Act over a period of at least sixty (60) days, whether
those days are continuous or not;
[80]
(i) When the offender or through another, directs or manages the

actions of a victim in carrying out the exploitative purpose of TIP;
(j) When the crime is committed during a crisis, disaster, public health
concern, pandemic, a humanitarian conflict, or emergency situation,
or when the trafficked person is a survivor of a disaster or a human-
induced conflict;
(k) When the trafficked person belongs to an indigenous community or

religious minority and is considered a member of the same;
(l) When the trafficked person is a person with disability (PWD);
(m) When the crime has resulted in pregnancy;
(n) When the trafficked person suffered mental or emotional disorder as

a result of being victim of TIP; or
(o) When the act is committed by or through the use of ICT or any
computer system.
Under Section 10(e) of the Act, any person found guilty of qualified trafficking
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).
Article 2
Application of Penalties and Other Sanctions
Section 165. Application of Penalties and Other Sanctions. (a) In every

case, conviction shall cause and carry the automatic revocation of the license
or registration of the recruitment agency involved in TIP. When the trafficked
person is a child, the license of a recruitment or manning agency shall be
automatically revoked and shall be penalized with a fine of not less than One
million pesos (P1,000,000.00) but not more than Three million pesos
(P3,000,000.00) per recruited underage migrant worker. All fees pertinent to
the processing of papers or documents in the recruitment or deployment of the
underage migrant worker shall be refunded by the responsible recruitment or
manning agency, without need of notice, to the underage migrant worker or to
the latter’s parent or guardian. The refund shall be independent of and in
addition to the indemnification or damages sustained by the underage migrant
worker. The refund shall be paid within thirty (30) days from the date of the
mandatory repatriation.
(b) Any person who files a complaint against another for violations of the Act
and such complaint has been found to be with malice and solely for the purpose
of harassing, persecuting or subjecting the latter to unwarranted surveillance or
wire-tapping, or both, shall suffer the penalty of imprisonment of not more than
[81]
one (1) year 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).
(c) 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, or any responsible officer, or any two (2)
or more of them, who participated in the commission of the crime or who shall
have permitted or knowingly failed to prevent its commission;
(d) The registration with the Securities and Exchange Commission (SEC) or
the DTI and license to operate of the erring agency, corporation, association,
religious group, tour or travel agent, club or establishment, any place of
entertainment, or any of the enumerated entities under Section 9 of the Act,
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;
(e) If the offender is a foreigner, he/she shall be immediately deported after

serving his/her sentence and be barred permanently from entering the country.
(f) Any employee or official of government agencies who shall issue or

approve the issuance of travel exit clearances, passports, registration
certificates, counselling 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 officials or employees shall, upon
conviction, be dismissed from the service and be barred permanently to hold
public office and their retirement and other benefits shall likewise be forfeited;
(g) Public or government officials and employees who are found guilty of
any violation of this Act shall be punished with dismissal or removal from office
after due notice and hearing by the appropriate agency. In addition, such official
or employee shall suffer perpetual absolute disqualification to hold public office
and forfeiture of all retirement and other benefits; and
(h) Conviction by final judgment of the adopter for any offense under the Act
shall result in the immediate rescission of the decree of adoption.
Section 166. Confiscation and Forfeiture of the Proceeds and

Instruments Derived from TIP. In addition to the penalty imposed for the
violation of the Act, the court shall order the confiscation and forfeiture, in favor
of the government, of all the proceeds and properties derived from the
commission of the crime, unless they are the property of a third person not liable
for the unlawful act; Provided, however, that all awards for damages shall be
taken from the personal and separate properties of the offender; Provided,
[82]
further, That if such properties are insufficient, the balance shall be taken from
the confiscated and forfeited properties.
When the proceeds, properties and instruments of the offense have been
destroyed, diminished in value or otherwise rendered worthless by any act or
omission, directly or indirectly, of the offender, or it has been concealed,
removed, converted or transferred to prevent the same from being found or to
avoid forfeiture or confiscation, the offender shall be ordered to pay the amount
equal to the value of the proceeds, property or instruments of the offense.
RULE X
FINAL PROVISIONS
Article 1
Appropriations and Other Funding Sources
Section 167. Funding. The amount necessary to implement the provisions of

the Act shall be charged against the current year’s appropriations of the Council
under the budget of the DOJ and the appropriations of the other concerned
departments. Thereafter, such sums necessary for the continued
implementation of the Act shall be included in the annual General
Appropriations Act.
Section 168. Additional funds for the Council. The amount collected from
every penalty, fine or asset derived from any violation of the Act shall be
earmarked as additional funds for the use of the Council. The fund may be
augmented by grants, donations and endowment from various sources,
domestic or foreign, for purposes related to their functions, subject to the
existing accepted rules and regulations of the Commission on Audit.
Section 169. Establishment of a Trust Fund; Sources. The Council shall

establish and manage a Trust Fund which shall be sourced from all fines
imposed under the Act and the proceeds and properties forfeited and
confiscated pursuant to Section 14 of the Act, as well as those collected by the
AMLC shall accrue to a Trust Fund to be administered and managed by the
Council to be used exclusively for programs that will prevent acts of TIP and
protect, rehabilitate, reintegrate trafficked persons into the mainstream of
society.
Section 170. Utilization. The Trust Fund shall be used exclusively for
programs that will prevent acts of TIP and assist, protect, rehabilitate,
reintegrate trafficked persons into the mainstream of society. Such programs
shall include, but not limited to the following:
(a) Provision for mandatory services set forth in Section 23 of the Act;
[83]
(b) Sponsorship of a national research program on TIP and

establishment of a data collection system for monitoring and
evaluation purposes;
(c) Provision of necessary technical and material support services to

appropriate government agencies and NGOs;
(d) Sponsorship of conferences and seminars to provide venue for

consensus building among the public, the academe, government,
NGOs and international organizations; and
(e) Promotion of information and education campaign on TIP.
The Trust Fund may also be used to support the operations of the Secretariat.
Section 171. Augmentation of agency funds. Subject to existing government

accounting and auditing rules and regulations, the Council may augment
agency and member-NGO funds for implementation of special programs and
services for trafficked persons.
Section 172. Use and Disbursement of Trust Fund. The use and
disbursement of the Trust Fund shall be subject to the approval of at least two-
thirds (2/3) of the members of the Council and shall be governed by existing
government accounting and auditing rules and regulations.
Section 173. Inclusion in Agency Appropriations. The heads of department,

agencies concerned and LGUs shall include in their annual appropriations the
funding necessary to implement programs and services required by the Act and
these rules and regulations.
National government agencies and LGUs may include the programs, projects
and activities required to carry out their mandate under the Act and these rules
and regulations in their annual Gender and Development (GAD) Plan and
Budget, in accordance with the GAD Planning and Budgeting Guidelines issued
by the PCW.
Article 2
Miscellaneous
Section 174. Saving Clause. The provisions of R.A. No. 7610 remain
applicable and shall not in any way be amended or repealed by the provisions
of the Act.
Section 175. Amendment. This Implementing Rules and Regulations (IRR)
maybe amended, modified or supplemented by the Council when necessary for
effective implementation and enforcement of R.A. No. 9208, as amended.
[84]
Section 176. Separability Clause. The declaration of invalidity of any part of

the rules and regulations or part thereof shall not affect the validity of the
remaining provisions.
Section 177. Repealing Clause. Pertinent provisions of rules, regulations, and

resolutions contrary to or inconsistent with the provisions of the Act and this
IRR are hereby repealed or modified accordingly.
Section 178. Effectivity. These rules and regulations shall take effect fifteen
(15) days after its complete publication in the Official Gazette.
**********************
--END--
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2022 IMPLEMENTING RULES AND REGULATIONS OF

REPUBLIC ACT (R.A.) NO. 9208 (THE “ANTI-TRAFFICKING IN PERSONS

Section 2. Purpose. These rules and regulations are hereby promulgated to

(1) Universal Declaration of Human Rights;

(7) Convention for the Suppression of the Traffic in Persons and of

Section 4. Construction. These rules and regulations shall be liberally

Nothing in these rules and regulations shall be interpreted as a restriction of the

Section 5. Definition of terms. As used in these rules and regulations, unless

(c) Child Laundering – refers to an act of stealing and selling a child to

technology. It shall also include materials that focus on real or simulated

(f) Communications – refers to any spoken or written conversations,

(g) Computer and Other Computer-Related Devices – refers to any device or

(h) Computer System – refers to any device or group of interconnected or

(i) Council – refers to the Inter-Agency Council Against Trafficking (IACAT)

(j) Data – refers to both:

(1) Content Data – the substance, meaning or purport of the

(l) Electronic or Digital Evidence – refers to evidence, the use of which is

(m) Extradition – refers to the surrender of an accused or convicted person

(o) Foreign Service Post (FSPs) – refers to Philippines embassies, missions,

(p) Information and Communications Technology (ICT) – refers to the totality

(q) Interception – refers to the act of listening to, recording, monitoring, or

(r) Internet Intermediaries – refers to a natural or juridical person, or entity

(1) Internet Service Providers (ISPs);

(s) Involuntary Servitude – refers to a condition of enforced and compulsory

(u) Pornography – refers to any representation through publication, exhibition,

(w) Prostitution – refers to any act, transaction, scheme or design involving

(x) Sex Tourism – refers to a program organized by travel and tourism-related

(y) Sexual Exploitation – refers to any means of actual or attempted abuse of

(aa) Subscriber’s or Registrant’s Information – refers to any information

(1) The type of communication service used, the technical provisions

(2) The subscriber’s or registrant’s identity, postal or geographic

(3) Any other available information on the site of the installation of

(bb) Tourism Enterprises – refers to facilities, services, and attractions involved

(dd) Trafficking in Persons (TIP) – refers to the recruitment, obtaining, hiring,

sexual exploitation, forced labor or services, slavery, servitude or the

The recruitment, transportation, transfer, harboring, adoption or receipt of

Section 7. Report of an international TIP case. Report of cases of alleged or

Section 9. Action on the reported TIP incident by barangay authorities and

(a) Name, address, age, gender, nationality, ethnicity (i.e.,

Section 10. Action of law enforcement agencies on a reported case of TIP.

Section 11. Taking of statements of persons in possession of information

If it involves a minor, the presence of the parents, legal guardian or a registered

Section 12. Conduct of further investigation or intelligence gathering.

Section 13. Objectives of a law enforcement operation. A law enforcement

Section 14. General guidance in the conduct of law enforcement

In case of unavailability of social workers from the DSWD, LSWDO or

Section 16. Treatment of trafficked persons during a rescue operation.

In the absence of a DSWD/local facility, the trafficked persons shall be turned

Section 17. Treatment of rescued trafficked persons immediately after the

The LEAs, in coordination with the DSWD/LSWDO/accredited NGO, shall

Section 18. Temporary custody of trafficked persons. Rescued trafficked

interview shall execute an affidavit stating as to the manner he/she conducted

Section 20. Documentation and processing after the rescue operation.

Section 22. Procedure in the physical interception, arrest and

(d) If the person intercepted is a convicted pedophile or registered sex

In the instance of an arriving or departing alien that has a standing

Section 23. Procedure in the physical interception at seas. When a physical

Section 24. Strict departure policy. Strict departure policy shall be