Question & AnswerQ&A (Republic Act No. 9208)
The short title is the "Anti-Trafficking in Persons Act of 2003."
Trafficking in Persons refers to the recruitment, transportation, transfer, harboring, or receipt of persons by means of threat, use of force, coercion, abduction, fraud, deception, abuse of power, taking advantage of vulnerability, or giving/receiving payments to control a person for exploitation including prostitution, sexual exploitation, forced labor, slavery, servitude, or removal/sale of organs.
Qualified trafficking includes trafficking involving a child, commission by syndicates or on a large scale, offenders who are public officers, or when the crime results in death, insanity, mutilation, or HIV/AIDS affliction of the victim.
The penalty is imprisonment of 20 years and a fine ranging from One million pesos to Two million pesos.
Trafficked persons are recognized as victims and shall not be penalized for crimes directly related to trafficking. They are entitled to confidentiality, legal assistance, counseling, shelter, medical services, livelihood training, and educational assistance.
The Council formulates programs to prevent and suppress trafficking, promulgates rules, monitors implementation, coordinates among agencies, assists in filing cases, and supports reintegration programs for trafficked persons.
Acts such as leasing properties for trafficking, issuing fake documents, advertising trafficking, facilitating the use of fraudulent travel documents, confiscation of victim's documents, and benefiting from forced labor are unlawful and considered acts promoting trafficking.
Trafficking cases prescribe in 10 years, except cases committed by syndicates or in large scale which prescribe in 20 years. The prescriptive period starts from the release of the trafficked person.
Yes, trafficked foreign nationals in the Philippines are entitled to protection, assistance, and services and may be permitted continued presence in the country as necessary for prosecution of offenders.
Mandatory services include emergency shelter or housing, counseling, free legal services, medical and psychological care, livelihood and skills training, and educational assistance to trafficked children.