Anti-Trafficking in Persons Act 2003

Policy, purpose, and human-rights basis

The State values the dignity of every human person and guarantees respect for individual rights.
The State prioritizes measures and programs to promote human dignity, protect the people from threats of violence and exploitation, eliminate trafficking in persons, and mitigate pressures for involuntary migration and servitude.
The State commits to support trafficked persons for recovery, rehabilitation, and reintegration into society.
Republic Act No. 9208 recognizes the equal rights and inherent human dignity of women and men under universally accepted human-rights instruments, including the United Nations Universal Declaration on Human Rights, the United Nations Convention on the Rights of the Child, the United Nations Convention on the Protection of Migrant Workers and their Families, and the United Nations Convention Against Transnational Organized Crime, including its Protocol to Prevent, Suppress and Punish Trafficking in Persons.

Core definitions for offenses

“Trafficking in Persons” means recruitment, transportation, transfer, harboring, or receipt of persons within or across national borders by means of threat or use of force, or other coercion, abduction, fraud, deception, abuse of power or position, taking advantage of vulnerability, or giving/receiving payments or benefits to obtain consent of a person having control over another person, for the purpose of exploitation.
“Trafficking in Persons” includes, at a minimum, exploitation or prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude, or the removal or sale of organs.
The recruitment, transportation, transfer, harboring, or receipt of a child for exploitation is trafficking even without any means.
“Child” means a person below eighteen (18) years of age, or one over eighteen (18) unable to fully care or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination due to a physical or mental disability or condition.
“Prostitution” means any act or scheme using a person for sexual intercourse or lascivious conduct in exchange for money, profit, or other consideration.
“Forced Labor and Slavery” refers to extracting work or services by enticement, violence, intimidation, or threat, use of force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage, or deception.
“Sex Tourism” means tourism packages/activities organized by travel and tourism-related establishments and individuals, offering escort and sexual services as enticement for tourists, including sexual services offered during rest and recreation periods for members of the military.
“Sexual Exploitation” means participation in prostitution or production of pornographic materials resulting from threat, deception, coercion, abduction, force, abuse of authority, debt bondage, fraud, or abuse of a victim’s vulnerability.
“Debt Bondage” means pledging personal services or labor (or a controlled person’s labor) as security for a debt when the length/nature of services is not clearly defined or when the value of services is not applied toward liquidation of the debt.
“Pornography” includes any representation of explicit sexual activities (real or simulated) or the sexual parts of a person for primarily sexual purposes through publication, exhibition, cinematography, indecent shows, information technology, or any other means.
“Council” refers to the Inter-Agency Council Against Trafficking created under Section 20.

Unlawful acts of trafficking and promoters

Section 4 makes it unlawful for any person, natural or judicial, to commit trafficking acts, including to recruit, transport, transfer, harbor, provide, or receive a person for exploitation (including through pretext of domestic or overseas employment, training, or apprenticeship).
Section 4 makes it unlawful to introduce or match for money, profit, or consideration any person, and any Filipino women as provided under Republic Act No. 6955, to a foreign national for marriage, for the purpose of exploitation including prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude, or debt bondage.
Section 4 makes it unlawful to offer or contract marriage, real or simulated, for acquiring/ buying/ offering/ selling/ trading persons for exploitation including prostitution, pornography, sexual exploitation, forced labor, slavery, or involuntary servitude.
Section 4 makes it unlawful to organize tours and travel plans using tourism packages/activities to utilize and offer persons for prostitution, pornography, or sexual exploitation.
Section 4 makes it unlawful to maintain or hire a person to engage in prostitution or pornography.
Section 4 makes it unlawful to adopt or facilitate adoption of persons for prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude, or debt bondage.
Section 4 makes it unlawful to recruit, hire, adopt, transport, or abduct a person by threat/use of force, fraud, deceit, violence, coercion, or intimidation for removal or sale of organs.
Section 4 makes it unlawful to recruit, transport, or adopt a child to engage in armed activities in the Philippines or abroad.

Acts promoting trafficking; qualified trafficking categories

Section 5 prohibits acts that promote or facilitate trafficking in persons, including knowingly leasing/subleasing or using any house/building/establishment to promote trafficking.
Section 5 prohibits producing, printing, issuing, or distributing unissued, tampered or fake counseling certificates, registration stickers, and government certificates/stickers issued as proof of regulatory and pre-departure compliance, for promoting trafficking.
Section 5 prohibits advertising, publishing, printing, broadcasting, distributing, or causing distribution (including via information technology/internet) of brochures, flyers, or propaganda materials that promote trafficking.
Section 5 prohibits assisting in misrepresentation or fraud to facilitate obtaining clearances and exit documents for pre-departure registration/services to promote trafficking.
Section 5 prohibits facilitating/assisting/helping exit and entry of persons through airports, territorial boundaries, and seaports who have unissued, tampered, or fraudulent travel documents, for promoting trafficking.
Section 5 prohibits confiscating, concealing, or destroying passports, travel or personal documents, or belongings of trafficked persons to prevent leaving the country or seeking redress, in furtherance of trafficking.
Section 5 prohibits knowingly benefitting (financially or otherwise) from labor/services of a person held in involuntary servitude, forced labor, or slavery.

Qualified trafficking

Section 6 treats trafficking as qualified when:
- The trafficked person is a child.
- Adoption is effected under Republic Act No. 8043 (Inter-Country Adoption Act of 1995) for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude, or debt bondage.
- The crime is committed by a syndicate, defined as trafficking carried out by a group of three (3) or more persons conspiring or confederating, or when committed in large scale, defined as against three (3) or more persons individually or as a group.
- The offender is an ascendant, parent, sibling, guardian, or person exercising authority over the trafficked person, or when the offense is committed by a public officer or employee.
- The trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies.
- The offender is a member of the military or law enforcement agencies.
- The offended party dies, becomes insane, suffers mutilation, or is afflicted with Human Immunodeficiency Virus (HIV) or Acquired Immune Deficiency Syndrome (AIDS).

Confidentiality, filing rights, venue

Section 7 requires recognition of the right to privacy of the trafficked person and the accused at any stage of investigation, prosecution, and trial.
Law enforcement officers, prosecutors, and judges may order closed-door investigation, prosecution, or trial when necessary for a fair and impartial proceeding and after considering circumstances for the best interest of the parties.
Section 7 prohibits disclosure to the public of the name and personal circumstances of the trafficked person or accused, or any other information tending to establish their identities.
Section 7 makes it unlawful for editors, publishers, reporters/columnists (in print), announcers/producers (TV/radio), film producers/directors (movie industry), or any person using tri-media facilities or information technology to publicly cause disclosure of any case of trafficking when proceedings are conducted behind closed doors.
Section 8 allows any person with personal knowledge of the commission of any offense, including the trafficked person, parents, spouse, siblings, children, or legal guardian to file a complaint for trafficking.
Section 9 sets venue for criminal actions arising from violation of this Act in the place where the offense was committed, where any element occurred, or where the trafficked person actually resides at the time of commission.
Section 9 provides that the court where the criminal action is first filed acquires jurisdiction to the exclusion of other courts.

Penalties, sanctions, and consequences

Section 10 provides imprisonment and fines for offenses under Section 4: imprisonment of twenty (20) years and a fine of not less than PHP 1,000,000.00 but not more than PHP 2,000,000.00.
Section 10 provides imprisonment and fines for offenses under Section 5: imprisonment of fifteen (15) years and a fine of not less than PHP 500,000.00 but not more than PHP 1,000,000.00.
Section 10 provides for qualified trafficking under Section 6: life imprisonment and a fine of not less than PHP 2,000,000.00 but not more than PHP 5,000,000.00.
Section 10 provides for violations of Section 7: imprisonment of six (6) years and a fine of not less than PHP 500,000.00 but not more than PHP 1,000,000.00.
Section 10 imposes corporate/organizational liability by directing that the penalty be imposed on the owner, president, partner, manager, and/or responsible officer who participated in the crime or knowingly permitted or failed to prevent its commission.
Section 10 mandates permanent cancellation and revocation of SEC registration and operating licenses of erring agencies/corporations/associations/religious groups/tour or travel agents/clubs/establishments/places of entertainment, and bars the owner/president/partner/manager from operating similar establishments under different names.
Section 10 provides that if the offender is a foreigner, the offender shall be immediately deported after serving the sentence and barred permanently from entering the country.
Section 10 establishes administrative liability for government employees/officials who issue or approve travel exit clearances, passports, registration certificates, counseling certificates, marriage licenses, and similar documents to persons or recruitment agencies/establishments/individuals/groups that fail to observe required procedures and requirements: on conviction, the official is to be dismissed and barred permanently from holding public office, and retirement and other benefits are forfeited, without prejudice to criminal liability.
Section 10 provides that final conviction of the adopter for any offense under the Act results in immediate rescission of the decree of adoption.

Using trafficked persons; prescription rules

Section 11 penalizes any person who buys or engages the services of trafficked persons for prostitution:
- First offense: six (6) months of community service as determined by the court and a fine of PHP 50,000.00.
- Second and subsequent offenses: imprisonment of one (1) year and a fine of PHP 100,000.00.
Section 12 provides prescription for trafficking cases under this Act of ten (10) years.
Section 12 provides that trafficking cases committed by a syndicate or in large scale prescribe in twenty (20) years.
Section 12 provides the prescriptive period begins to run from the day the trafficked person is delivered or released from conditions of bondage.
Section 12 provides interruption of prescription by filing of the complaint or information, and recommencement when proceedings terminate without conviction or acquittal or are unjustifiably stopped for any reason not imputable to the accused.

Civil fee exemption; confiscation and trust fund

Section 13 provides exemption from filing fees when the trafficked person institutes a separate civil action for recovery of civil damages.
Section 14 requires that, in addition to penalties, the court order confiscation and forfeiture in favor of the government of all proceeds and properties derived from the commission of the crime, unless the property belongs to a third person not liable for the unlawful act.
Section 14 directs that awards for damages come from the offender’s personal and separate properties.
Section 14 directs that if the offender’s personal and separate properties are insufficient, the balance comes from confiscated and forfeited properties.
Section 14 provides that when proceeds/properties/instruments are destroyed, diminished in value, rendered worthless, or concealed/removed/converted/transferred to prevent finding or avoid forfeiture/confiscation, the offender shall pay an amount equal to the value of the proceeds/property/instruments.
Section 15 provides that all fines imposed and all forfeited/confiscated proceeds and properties accrue to a Trust Fund administered and managed by the Council.
Section 15 mandates the Trust Fund be used exclusively for programs that prevent trafficking and protect, rehabilitate, and reintegrate trafficked persons.
Section 15 includes Trust Fund programs such as: mandatory services under Section 23, national research and data collection/monitoring for trafficking, technical and material support services to government agencies and NGOs, conferences/seminars for consensus building, and information and education campaigns on trafficking.

Victim protection, services, and institutional machinery

Section 16 mandates government preventive, protective, and rehabilitative programs for trafficked persons, with specific agency implementation duties:
- DFA makes resources/facilities overseas available for trafficked persons regardless of manner of entry, enhances assistance via closer networking, protects passport integrity (including measures to implement Machine Readable Passports) to reduce trafficking through fraudulent documents, and establishes and implements a pre-marriage, on-site, and pre-departure counseling program on intermarriages.
- DSWD implements rehabilitative and protective programs; provides counseling and temporary shelter; and develops NGO accreditation for intervention centers and community levels.
- DOLE ensures strict implementation of local and overseas employment rules, monitors and documents trafficking cases involving employers and labor recruiters.
- DOJ ensures prosecution and designates/trains special prosecutors; establishes a mechanism for free legal assistance coordinated with DSWD, IBP, and other NGOs/volunteer groups.
- NCRFW participates and coordinates in formulation and monitoring of trafficking policies and in local and international advocacy for women’s issues.
- Bureau of Immigration strictly administers immigration and alien administration laws; adopts measures for apprehending suspected traffickers at arrival and departure; and ensures guidance/counseling compliance for Filipino fiancés/fiancées and spouses of foreign nationals under the Act.
- PNP is the primary law enforcement agency for surveillance, investigation, and arrest; coordinates with law enforcement agencies for effective investigations and apprehension; establishes a system to receive complaints/calls to assist trafficked persons; and conducts rescue operations.
- POEA implements pre-employment orientation seminars and pre-departure counseling for overseas applicants; formulates a system providing free legal assistance to trafficked persons.
- DILG institutes systematic information/prevention campaigns and maintains a databank for effective monitoring/documentation and prosecution; LGUs monitor and document cases, cancel licenses of violating establishments, ensure effective prosecution, undertake anti-trafficking information campaigns through MAIN desks in municipalities/provinces with coordination among DILG, PIA, CFO, NGOs, and concerned agencies, and encourage/support community-based initiatives; agencies may seek and enlist NGO, PO, civic organization, and volunteer assistance.
Section 17 recognizes trafficked persons as victims and prohibits penalization for crimes directly related to trafficking acts or in obedience to traffickers’ orders; consent of the trafficked person to intended exploitation is irrelevant.
Section 18 provides that Republic Act No. 6981 does not bar entitlement: any trafficked person is entitled to the witness protection program under Republic Act No. 6981.
Section 19 provides that trafficked persons in the Philippines who are foreign nationals receive appropriate protection/assistance/services under the Act, subject to Council guidelines; continued presence is permitted for a period prescribed by the Council as necessary to effect prosecution.
Section 20 creates the Inter-Agency Council Against Trafficking chaired by the Secretary of DOJ and co-chaired by the Secretary of DSWD, with members including DFA, DOLE, POEA, BI, PNP, NCRFW, and three (3) NGO representatives (one each from women, OFWs, and children sectors), nominated by Council agency representatives and appointed by the President for a term of three (3) years.
Section 21 empowers the Council to: formulate comprehensive integrated programs; promulgate implementing rules and regulations; monitor and oversee strict implementation; coordinate member agencies; direct information dissemination; direct agencies to respond and report; assist in filing cases; formulate reintegration programs in cooperation with DOLE, DSWD, TESDA, CHED, LGUs, and NGOs; secure needed assistance; complement migration information systems under Republic Act No. 8042 with trafficking data; ensure continuing research and study; develop mechanisms for timely coordinated response; recommend measures for international cooperation; coordinate internet-advertisement monitoring; adopt measures to protect foreign trafficked persons’ rights and needs; initiate identification/intervention training; and perform other functions necessary to achieve the Act’s objectives.
Section 22 requires DOJ to establish the Council Secretariat.
Section 23 mandates concerned agencies to make available mandatory services for trafficked persons to ensure recovery, rehabilitation, and reintegration: emergency shelter or appropriate housing; counseling; free legal services including information on victims’ rights and procedures for filling complaints, claiming compensation, and other legal remedies; medical or psychological services; livelihood and skills training; educational assistance to a trafficked child; and sustained supervision and follow-through to track recovery/rehabilitation/reintegration progress.
Section 24 treats trafficked persons as category “Overseas Filipino in Distress” so they may avail of legal assistance under Republic Act No. 8042, subject to legal guidelines; extends overseas Filipino resource-center services to trafficked persons regardless of immigration status; and provides that the country team approach under Executive Order No. 74 of 1993 is the operational scheme for Philippine embassies to provide protection insofar as promoting welfare, dignity, and fundamental rights are concerned.
Section 25 makes DFA, in coordination with DOLE and other appropriate agencies, primarily responsible for repatriation of trafficked persons regardless of whether documented or undocumented; if repatriation exposes victims to greater risks, DFA represents to the host government for extension of appropriate residency permits and protection legally permissible in the host country.
Section 26 requires DOJ, in consultation with DFA, to endeavor to include trafficking-in-persons offenses among extraditable offenses.
Section 27 requires the Council to submit an annual report to the President and Congress on policies, programs, and activities relative to implementation.
Section 28 requires heads of departments and agencies concerned to immediately include in their programs the funding for implementation to be included in the annual General Appropriations Act.
Section 29 requires the Council to promulgate necessary implementing rules and regulations within sixty (60) days from effectivity.
Section 30 provides that nothing in the Act restricts freedom of speech and association, religion, and the right to travel for purposes not contrary to law under the Constitution.
Section 31 establishes separability: if any section/provision is held unconstitutional or invalid, other sections/provisions remain unaffected.
Section 32 repeals or modifies laws, decrees, executive orders, and rules/inconsistent parts accordingly, but provides Republic Act No. 7610 (Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act) is not amended or repealed.
Section 33 sets the effectivity rule: fifteen (15) days after complete publication in at least two (2) newspapers of general circulation.