QuestionsQuestions (DepEd ORDER NO. 55, S. 2013)
RA No. 11862 is titled the “Expanded Anti-Trafficking in Persons Act of 2022.” It amended Republic Act No. 9208 (Anti-Trafficking in Persons Act of 2003).
It is the recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, harboring, or receipt of persons, within or across borders, by means such as threat/force/coercion, abduction, fraud, deception, abuse of power, taking advantage of vulnerability, or giving/receiving payments/benefits to control a person, for purposes of exploitation. Significantly, trafficking may exist “with or without the victim’s consent or knowledge,” and for children the means are not necessary for the trafficking acts.
For victims who are children, the “means” (threat, force, coercion, etc.) are not necessary to establish the offense for the enumerated trafficking acts.
It refers to photos, images, videos, recordings, streams, or other media depicting acts of sexual abuse and exploitation of a child, or representation of a child as a sexual object, whether digitally generated or not, including materials focusing on real or simulated genitalia or other private body parts of a child.
OSAEC covers the use of digital/analog communication and ICT to sexually abuse and exploit children, including online grooming, sexual extortion, sharing image-based abuse, commercial sexual exploitation, online prostitution, and live-streaming of sexual abuse, with or without consent.
Examples include recruiting/transporting/harboring for prostitution or pornography; facilitating marriage for trading/prostitution/exploitation; adoption or facilitation for exploitative purposes; recruiting/transporting for removal or sale of organs; recruiting for armed activities; and recruiting children for exploitation or trading, including slavery-like practices and pornographic performances.
Section 4 targets the core trafficking conduct (recruiting, transporting, harboring, etc. for exploitation). Section 5 covers additional acts that promote/facilitate trafficking (e.g., using facilities, producing fake documents, arranging entry/exit, and certain internet intermediary duties).
Qualified trafficking is when Section 4 violations are accompanied by aggravating circumstances. Examples from the text: (1) victim is a child; (2) offender commits acts over at least 60 days; (3) offender directs/manages victim’s actions; (4) crime occurs during crisis/disaster/pandemic/emergency; (5) trafficked person is PWD; (6) act committed by or through use of ICT/computer system.
Intercepted materials are treated as classified and must be deposited in a sealed envelope/package within specified time limits, not opened or disclosed without court authorization. Evidence obtained in violation is not admissible against any person. There are also strict custody, affidavit, and notice requirements.
When the victim is a child and the offense involves computer systems/digital platforms, a court order is not required if the LEO is acting in an undercover capacity to intercept communications with a person reasonably believed to have committed/is committing/about to commit the violation.
It is effective only up to the period determined by the court, not exceeding 30 days. It may be extended for another period not exceeding 30 days after expiration of the original period, for justifiable reasons or if necessary in furtherance of investigation or public interest.
It must specify: identity of charged/suspected person(s) if known; for ICT, the number/account description and locations if known; if suspect not fully known, continuous surveillance upon reasonable grounds; identities of intercepting LEOs and assistants; the offense(s); and the length of time.
Intercepted communications (and facts/content/substance/meaning) secured in violation are absolutely not admissible and not usable as evidence in any judicial, quasi-judicial, legislative, or administrative proceeding.
Cases involving trafficking should not be dismissed based on an Affidavit of Desistance executed by victims or their parents/guardians. Prosecutors must oppose; pressure to execute it is punishable.
All records and proceedings from initial contact to final disposition are privileged and confidential; public exclusion is required where the child’s testimony is taken under the child witness rules. It is unlawful for media producers/editors to cause publicity that may result in further suffering of the victim.
They must (among others) prohibit child trafficking/CSAEM/CSAM/sexual exploitation in terms of service; cooperate with LEAs by providing subscriber/traffic data upon formal request without need of warrant as provided, compile lists of relevant URLs/hashes, preserve subscriber/traffic data for one year (extendable), block/remove content within 24 hours of notice, report blocked/removed unusual content within three days, and provide subscriber information upon request subject to due process/data privacy.
They must notify PNP or NBI within 48 hours from obtaining facts/circumstances that violations are occurring within their premises. Public display of CSAEM/CSAM within premises creates a conclusive presumption of knowledge. They must post clear signs and hotlines, and money transfer/remittance centers must require valid government IDs for transacting individuals.
Violation of Section 9 carries a fine of at least P2,000,000 but not more than P5,000,000 for the first offense; for subsequent offense, fine of P2,000,000 to P10,000,000 plus revocation of franchise/license to operate, and juridical persons may be subsidiarily liable. Willful and intentional violations are subject to penalties under Section 10(f).