Law Summary
Definitions of Key Terms
- Trafficking in Persons: Recruitment, transport, or harboring of persons by coercion or deceit for exploitation, including sexual exploitation, forced labor, slavery, and organ sale.
- Child: Under 18 years old or incapable of self-protection due to disability.
- Prostitution: Exchange of sexual acts for money or other considerations.
- Forced Labor and Slavery: Work exacted through coercion or deception including debt bondage.
- Sex Tourism: Tourism using sexual services to attract tourists.
- Sexual Exploitation: Participation in prostitution or pornographic material production through coercion or abuse.
- Debt Bondage: Pledging labor as debt security without clear terms.
- Pornography: Any explicit sexual representation through various media.
- Council: The Inter-Agency Council Against Trafficking.
Prohibited Acts of Trafficking
- Recruiting, transporting, or harboring persons for exploitation including prostitution, pornography, forced labor, slavery, or organ sale.
- Facilitating marriages for exploitation.
- Organizing sex tourism.
- Hiring persons for prostitution or pornography.
- Organ adoption for exploitative purposes.
- Recruiting children for armed activities.
Acts Promoting Trafficking
- Leasing or using premises to promote trafficking.
- Producing or distributing fraudulent government documents.
- Advertising or disseminating materials that promote trafficking.
- Assisting fraudulent acquisition of government clearances or travel documents.
- Confiscating trafficked persons' documents to prevent escape.
- Benefiting from labor or services gained by trafficking.
Qualified Trafficking
- When victims are children.
- Syndicate or large-scale involvement.
- Offense committed by relatives or public officials.
- Engagement involving military or law enforcement personnel.
- Resulting in death, insanity, mutilation, or HIV/AIDS infection.
Confidentiality Rights
- Privacy rights of victims and accused must be respected throughout investigation and trial.
- Courts may order closed-door proceedings.
- Disclosure of identities or case details to the public is prohibited.
- Media is barred from publicizing such cases during closed-door trials.
Prosecution and Filing of Complaints
- Complaints may be filed by victims or their close relatives.
- Venue for prosecution includes place of offense or residence of victim.
Penalties and Sanctions
- Imprisonment from 15 to 20 years and fines ranging from ₱500,000 to ₱5,000,000 depending on the offense and qualification.
- Life imprisonment and higher fines for qualified trafficking.
- Administrative sanctions such as dismissal and permanent disbarment for government officials violating duties.
- Immediate deportation for foreign offenders post-conviction.
- Cancellation of licenses and revocation of registrations for corporations involved.
Penalties for Use of Trafficked Persons
- Community service and fines for first offense of engaging trafficked persons for prostitution.
- Imprisonment and higher fines for subsequent offenses.
Prescription Period
- Standard prescription period of 10 years.
- Extended to 20 years for syndicate or large-scale cases.
- Prescription starts upon victim's release from trafficking conditions.
Filing Fee Exemption
- Trafficked persons filing civil damages claims are exempt from filing fees.
Confiscation and Forfeiture
- Court orders confiscation of proceeds, properties, and instruments of trafficking offenses.
- Offender pays equivalent value if assets are destroyed or concealed.
Trust Fund
- All fines and confiscated proceeds go to a Trust Fund managed by the Council.
- Funds used for prevention, protection, rehabilitation, research, advocacy, and education related to trafficking.
Government Programs Addressing Trafficking
- Various departments mandated specific roles including prevention, legal aid, prosecuting offenders, rehabilitation, employment regulation, immigration control, and law enforcement.
- LGUs tasked with monitoring, campaigning, and community-based initiatives.
- NGOs and other organizations engaged in implementation.
Legal Protections for Trafficked Persons
- Victims are not penalized for crimes related to trafficking acts.
- Victims’ consent to exploitation is irrelevant.
Witness Protection
- Trafficked persons entitled to witness protection programs.
Rights of Foreign Trafficked Persons
- Foreign victims receive protection and services.
- Allowed to stay in the Philippines as needed for prosecution.
Establishment of Inter-Agency Council Against Trafficking
- Composed of key government secretaries and NGO representatives.
- Responsible for coordination, policy formulation, monitoring, and implementation oversight.
Functions of the Council
- Develop integrated programs against trafficking.
- Issue implementing rules.
- Coordinate information campaigns and agency responses.
- Facilitate reintegration programs.
- Research trends and ensure data coordination.
- Train personnel in victim intervention.
Council Secretariat
- Department of Justice to establish and maintain.
Mandatory Services for Trafficked Persons
- Provision of shelter, counseling, legal services, medical and psychological care, livelihood training, and educational assistance.
- Ongoing supervision for rehabilitation and reintegration.
Additional Services
- Legal aid under existing laws.
- Overseas Filipino Resource Centers provide assistance regardless of immigration status.
- Country Team Approach for embassy protection abroad.
Repatriation
- Department of Foreign Affairs leads victim repatriation.
- Extended stay in host country possible if repatriation poses risk.
Extradition
- Efforts to include trafficking offenses in extradition agreements.
Reporting
- Annual reports on policy and program implementation submitted to President and Congress.
Funding
- Departments to allocate funds through General Appropriations Act for implementation.
Implementing Rules
- Council to issue within 60 days of Act’s effectivity.
Protection of Constitutional Rights
- Act does not restrict freedom of speech, association, religion, or travel lawful under the Constitution.
Separability Clause
- Invalid provisions do not affect the remainder of the Act.
Repealing Clause
- Repeals inconsistent laws except those protecting children under RA 7610.
Effectivity
- Act takes effect 15 days after publication in two newspapers of general circulation.