Anti Human Trafficking Law

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INTER-AGENCY COUNCIL AGAINST TRAFFICKING 7

SECTION 4
Section 4-A

Acts of trafficking in persons


Attempted Trafficking

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

Violation of the Confidentiality


Rule

ACT/S
+
MEANS
=
+
EXPLOITATIVE
PURPOSE

(Section 3 [a])

ELEMENTS

(Section 3 [a])

ACTS

(still not an exclusive enumeration):


RECRUITMENT, OBTAINING, HIRING,
PROVIDING, OFFERING, TRANSPORTATION,
TRANSFER, MAINTAINING, HARBORING, or
RECEIVING OF PERSONS with or without the victims
consent or knowledge , within or across national
borders.

MEANS

THREAT, USE OF FORCE, COERCION, ABDUCTION,


FRAUD, DECEPTION, ABUSE OF POWER/POSITION,
TAKING ADVANTAGE OF VULNERABILITY OF
PERSON, GIVING AND RECEIVING OF PAYMENTS

EXPLOITATIVE PROSTITUTION, OTHER FORMS OF SEXUAL


PURPOSE
EXPLOITATION, FORCED LABOR or
SERVICES/SLAVERY, INVOLUNTARY
SERVITUDE/DEBT BONDAGE, REMOVAL OR SALE
OF ORGANS, ENGAGEMENT IN ARMED ACTIVITIES
(found only Sec. 4[h])

Who is a child?

(Section 3 [b])

a person below 18 years of


age or one who is over 18
but 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.

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

*penalty shall be imposed upon the


owner, president, partner, manager,
and/or any responsible officer who
participated in the commission of
the crime or who shall have
knowingly permitted or failed to
prevent its commission
The registration with the Securities
and Exchange Commission (SEC)
and license to operate 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
(Section
10)

Where there are acts to initiate the commission of


a trafficking offense but the 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
trafficking in persons. As such, an attempt to
commit any of the offenses enumerated in Section
4 of this Act shall constitute attempted trafficking
in persons.
(Section 4 [a])

Where victim is a child:


1.Facilitate travel abroad of child alone without
valid reason and permit (of
parents/guardian/DSWD)
2.Execute consent to adopt for consideration
3.Recruit woman to bear child to be sold
4.Simulate birth to sell child
5.Solicit and acquire custody of child to be sold
(Section 4 [a])

(Section 10 [b])

Established the liability of persons who knowingly aids or


conspire with the offender to commit trafficking in
persons. (Section 4 [b])

In every case, conviction shall cause and carry the


automatic revocation of the license or registration of the
recruitment agency involved in trafficking. The license
of a recruitment agency which trafficked a child shall be
automatically revoked. (Section 10 [c])

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)

Trafficked person is a child

b)

Adoption effected through the InterCountry Adoption Act

c)

Syndicate or large scale

d)

Offender is spouse, ascendant,


parent, sibling, guardian or person
with authority over trafficked person

e)

Trafficked person recruited for


prostitution with member of military
or law enforcement agency
(Section 6)

f) Offender is a member of the military or law enforcement


agency
g) Trafficked person dies, suffers mutilation, or is afflicted
with HIV or AIDS
h)

Offender commits one or more violations of Sec. 4


over 60 or more days

i)

Offender directs or through another manages the


victim in carrying out the exploitative purpose
(Section 6)

PEOPLE vs. LALLI

G.R. No. 195419October 12, 2011

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

When they arrived in Malaysia, Lolita


together with other women were forced
to work as entertainers at Pipen Club in
order for them to pay the amount which
the club paid to Lalli and Relampagos.
Lolita suffered sexual and physical abuse
from different Customers from June
July 2005.
Having been able to contact her sister, who was married to an
Indonesian national and was staying in Malaysia, Lolita managed to
escape through the help of her sisters husband who pretended to be
her customer.
Lolita returned to Zamboanga City and on August 2, 2005, she filed
her complaint.
Issue:
Whether or not there is Trafficking in Persons.

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

In the present case, there is QUALIFIED TRAFFICKING IN


PERSONS committed by a syndicate.
All the three accused (Aringoy, Lalli and Relampagos)
conspired and confederated with one another to illegally
recruit Lolita to become a prostitute in Malaysia.

Each of the accused is sentenced to suffer the penalty of life


imprisonment and to pay a fine of P2,000,000. They are also
ordered to pay Lolita, jointly and severally, P500,000 as moral
damages and P100,000 as exemplary damages for the
crime of Trafficking in Persons.

In addition, each accused are sentenced to suffer the penalty


of LIFE IMPRISONMENT and to pay a fine of 2,000,000
for illegal recruitment committed by a syndicate under R.A.
8042 (Migrant Workers and Overseas Filipinos Act of
1995).
*Prosecution under one (R.A. 9208) does not bar
prosecution under the other.(R.A. 8042).

a)

Lease or sublease, use or allow to be used any house, building or


establishment

b)

Produce, print and issue or distribute unissued, tampered or fake


counseling
certificates,
registration
stickers,
overseas
employment certificates or other certificates of any
government agency as proof of compliance with government
regulatory and pre-departure requirements

c)

Advertise, publish, print, broadcast or distribute or


cause the advertisement, publication, printing,
broadcasting or distribution by any means of any
brochure, flyer, or any propaganda material

(Section 5)

d) Assist in the conduct of misrepresentation or fraud to facilitate


the acquisition of clearances and exit documents from government
agencies
e) Facilitate, assist or help in the exit and entry of persons from/to
the country at international and local airports, territorial boundaries
and seaports who possess unissued, tampered or fraudulent travel
documents
f) Confiscate, conceal, or destroy the passport, travel documents,
or personal documents or belongings of trafficked persons in
furtherance of trafficking or to prevent them from leaving the
country or seeking redress

(Section 5)

g) 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
(h) 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 this Act;
(i) 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 persons liberty to
move or travel in order to maintain the labor or services
of that person; or
(Section 5)

(j) To utilize his or her office to impede the investigation,


prosecution or execution of lawful orders in a case under
this Act.
(Section 5)

(Section 10 [d]))

Any person who buys or engages the services of a trafficked


person for prostitution* (Section 11)

*refers to any act, transaction, scheme


or design involving the use of person
by another, for sexual intercourse
or lascivious conduct in exchange
for money, profit or any other
consideration.
(Section 3[c])

Penalty is now considerably

higher.
Probation law cannot apply.

If found guilty

6 to 12 years
imprisonment
and fine of
P50,000.00 to
100,000.00

If it involves sexual intercourse or


lascivious conduct with a child
(guilty)

17 to 40 years
imprisonment and a
fine of P500,000.00
to 1 million

If it involves carnal knowledge of, 40 years


or sexual intercourse with, a male imprisonment with
or female trafficking victim and
no possibility of
also involves the use of force or
parole, and a fine of
intimidation to a victim deprived
P1 to P5 million
(Section 11)
of reason or to an unconscious
victim, or a victim under twelve

If user is a
Foreigner

After serving his/her sentence-deportation and permanent


disbarment from entering the
country

If user is a
Public
Official

dismissed from service and shall


suffer perpetual absolute
disqualification to hold public,
office, in addition to any
imprisonment or fine received
(Section 10)
pursuant to any other provision of
this Act

Note: Specifically for use of trafficked


person only

What is the CONFIDENTIALITY RULE?

(Section 7)

What does the rule cover?


At any stage (now includes rescue),
law enforcement officers, prosecutors,
judges, court personnel, social
workers and medical practitioners,
and parties must not disclose to the
public the following:
1. Name
2. Personal circumstances
3. Other
information
tending to establish
identities of the victim
(Section 7)
and his/her family

(Section 10[f])

Can the rule be waived?

Prosecution of Cases
SECTION 8 WHO MAY FILE COMPLAINT
SECTION 9 VENUE
SECTION
12

PRESCRIPTIVE PERIOD

SECTION
14

CONFISCATION AND FORFEITURE

SECTION
17

LEGAL PROTECTION TO TRAFFICKED


PERSONS

Immunity from Suit


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 an anti-trafficking case:
provided, that such acts shall have been made in good faith.
The prosecution of retaliatory suits against victims of trafficking
shall be held in abeyance pending final resolution and decision of
criminal complaint for trafficking.
(Section 17 [c])

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

and other elements


were committed in
another country.

Has committed the act


against a citizen of
the Philippines.
(Section 26 [a])

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])

When can you


file? from the
10 years
time survivor is
personal
released from
knowledge;
bondage; from the
2. Survivor; or
time child reaches
3. his/her parents,
age of majority
spouse, siblings,
20 years for large
children, legal
scale or
guardian
+
committed by
a 12)
(Section
Where can you
syndicate; when
file?
(1) The offense was
the victim is a
committed;
child
(2) Any of its elements
(Section 8 [b])
Who can
file?
1.
Anybody who has

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])

What are the legal protections available to trafficking victims?

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)

What are the legal protections available to trafficking victims?

Victims of trafficking for prostitution under Sec. 4 can not


be prosecuted or penalized under *Art. 202 of the Revised
Penal Code.
(Section 17)
Temporary Custody of
trafficked victims

The rescue of victims should be done


as much as possible with the
assistance of the DSWD or an
accredited NGO that services
trafficked victims on a reasonable
suspicion that a person is a victim of
any offense defined under this Act
including attempted trafficking.
(Section 18)

*RPC, Art. 202. Vagrants and prostitutes;


penalty.
Xxx
5. Prostitutes.
For the purposes of this article, women
who, for money or profit, habitually indulge
in sexual intercourse or lascivious conduct,
are deemed to be prostitutes.
Any person found guilty of any of the
offenses covered by this articles shall
be punished by arresto menor or a fine
not exceeding 200 pesos, and in case of
recidivism, by arresto mayor in its
medium period to prision correccional
in its minimum period or a fine ranging
from 200 to 2,000 pesos, or both, in the
discretion of the court.

(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;

(i) Executive Director, Philippine


Center for Transnational Crimes,
and
(j) Three (3) representatives from
NGOs, who shall include One (1)
representative each from
among the sectors representing
women, overseas Filipinos, and
children. These representatives
shall be nominated by government
agency representatives of the
Council, for appointment by the
President for a term of Three (3)
years.

CASES
GR 195419 People v Lalli et al(2011)
GR 194255 People v Hashim et al
(2012)
People vs Casio (2014)

INTER-AGENCY COUNCIL AGAINST TRAFFICKING 7

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