Question & AnswerQ&A (Republic Act No. 10364)
Republic Act No. 10364 is known as the Expanded Anti-Trafficking in Persons Act of 2012.
Trafficking in Persons refers to the recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, harboring, or receipt of persons with or without their consent or knowledge, by means such as threat, force, coercion, abduction, fraud, deception, abuse of power, or taking advantage of vulnerability for exploitation including prostitution, sexual exploitation, forced labor, slavery, servitude, or organ removal.
A child is defined as a person below eighteen (18) years of age or one who is over 18 but unable to fully take care of or protect themselves due to disability or condition.
Acts include recruiting, transporting, harboring persons for prostitution, sexual exploitation, forced labor, slavery, involuntary servitude, debt bondage, adoption for exploitative purposes, removal or sale of organs, and recruitment of children for armed activities or exploitation.
Imprisonment of 20 years and fines ranging from One million to Two million pesos for Section 4 violations; life imprisonment and fines up to Five million pesos for qualified trafficking; and other specific penalties for accomplices, accessories, and promoting trafficking.
No, the consent of a trafficked person to the exploitation is irrelevant under this Act, especially if means such as coercion, threat, fraud, or abuse of power were involved.
Confidentiality is protected at all stages of investigation, prosecution, and trial. The identity and personal circumstances of trafficked persons shall not be disclosed except with their notarized waiver.
The council is chaired by the Secretary of Justice with the Secretary of Social Welfare and Development as Co-Chair, including secretaries of DFA, DOLE, DILG, heads of POEA, BI, PNP, PCW, CFO, Philippine Center for Transnational Crimes, and three NGO representatives.
Trafficking cases generally prescribe in ten (10) years, but those committed by syndicates, large scale, or against children prescribe in twenty (20) years.
The Philippines exercises jurisdiction over trafficking offenses committed outside the country if the offender is a Filipino citizen, a permanent resident, or the act was committed against a Filipino citizen.