Anti Human Trafficking Law
Anti Human Trafficking Law
Anti Human Trafficking Law
SECTION 4
Section 4-A
Section 4-B
Section 4-C
Section 5
Accomplice Liability
Accessories
Acts that promote trafficking in
persons
Section 6
Section 11
Qualified Trafficking
Use of trafficked persons for
prostitution
Section 7
ACT/S
+
MEANS
=
+
EXPLOITATIVE
PURPOSE
(Section 3 [a])
ELEMENTS
(Section 3 [a])
ACTS
MEANS
Who is a child?
(Section 3 [b])
ACTs:
Recruit, Obtain, Hire,
Provide, Offer, Transport,
Transfer, Maintain, Harbor,
Receive, Adopt
PURPOSE:
Sexual Exploitation,
Exploitation of Labor or
services, Removal or sale of
Organs,Engage in armed
conflict
If the offender
is a
Corporation,
Partnership,
Association,
Club,
Establishment
or any Juridical
Person
(Section 10 [b])
Whoever has the knowledge of the commission of the crime, and without
having participated therein, either as principal or as accomplices, take
part in its commission in any of the following manners:
(a) By profiting themselves or 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;
(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.
(Section 4 [c])
(Section 10 [d])
a)
b)
c)
d)
e)
i)
Facts:
Ronnie Aringoy informed Lolita
Sagadsad (23 y.o. and single) of a job
opportunity in Malaysia as a restaurant
entertainer.
Lolita was enticed and took her sisters
passport which she brought with her
when she was introduced by Ronnie to
Hadja Jama Lalli and Nestor
Relampagos. She was worried about the
passport but Lalli assured her that she
can get away with the passport because
he has connections with the DFA.
*Landmark case for TIP
Ruling:
Yes, there is trafficking in persons.
All three elements of trafficking in persons are present:
Act
Means
Exploitative Purpose
- (illegal) Recruitment
- Fraud, Deception
-Prostitution
a)
b)
c)
(Section 5)
(Section 5)
(Section 10 [d]))
higher.
Probation law cannot apply.
If found guilty
6 to 12 years
imprisonment
and fine of
P50,000.00 to
100,000.00
17 to 40 years
imprisonment and a
fine of P500,000.00
to 1 million
If user is a
Foreigner
If user is a
Public
Official
(Section 7)
(Section 10[f])
Prosecution of Cases
SECTION 8 WHO MAY FILE COMPLAINT
SECTION 9 VENUE
SECTION
12
PRESCRIPTIVE PERIOD
SECTION
14
SECTION
17
Extra-territorial Jurisdiction
This applies if the
offender is:
The crime is a
continuing offense
a Filipino citizen; or
which commenced
in the Philippines
a permanent resident of
the Philippines; or
Initiation of Investigation
Law
enforcement
agencies
are
mandated to immediately initiate
investigation and counter-traffickingintelligence gathering upon receipt of
statements or affidavit from victims of
trafficking, migrant workers, or their
families who are in possession of
knowledge or information about
trafficking in persons cases.
(Section 8 [a])
occurred; or
(Section 9)
(3) The trafficked
person
Affidavit of Desistance
Cases involving trafficking in persons should not
be dismissed based on the affidavit of
desistance executed by the victims or their
parents or legal guardians.
Public and private prosecutors are directed
to oppose and manifest objections to
motions for dismissal.
Any act involving the means provided
in this Act or any attempt thereof for
the purpose of securing an Affidavit of
Desistance from the complainant shall
be punishable under this Act.
(Section 8 [c])
recognized as victims
will not be penalized for unlawful acts
committed as a direct result of, or as an
incident or in relation to, being trafficked
based on the acts of trafficking enumerated in
this Act or in obedience to the traffickers
order in relation to the trafficking
The victims consent to the exploitation
is irrelevant
(Section 17)
(Section 20)
Composition
CHAIRPERSON:
Secretary of the Department of Justice
as Chairperson and the Secretary of
the
CO-CHAIRPERSON:
Department of Social Welfare and
Development as Co-Chairperson
MEMBERS:
(a) Secretary, Department of Foreign Affairs
(b) Secretary, Department of Labor and
Employment;
(c) Secretary, Department of the Interior and Local
Government;
(d) Administrator, Philippine Overseas Employment
Administration;
(e) Commissioner, Bureau of Immigration;
(f) Chief, Philippine National Police;
(g) Chairperson, Philippine Commission on Women;
(h) Chairperson, Commission on Filipinos Overseas;
CASES
GR 195419 People v Lalli et al(2011)
GR 194255 People v Hashim et al
(2012)
People vs Casio (2014)