Law Summary
Definitions of Key Terms
- Trafficking in Persons includes recruitment, transport, harboring, or receipt of persons by coercion, abduction, fraud, abuse of power, or payments for exploitation.
- Exploitation includes prostitution, sexual exploitation, forced labor, slavery, servitude, and organ removal.
- Child is defined as a person under 18 or physically/mentally incapable of self-protection.
- Other important terms include prostitution, forced labor, slavery, involuntary servitude, sex tourism, sexual exploitation, debt bondage, pornography, and the Inter-Agency Council Against Trafficking.
Acts Constituting Trafficking
- Unlawful recruitment, transfer, or harboring of persons for prostitution, pornography, sexual exploitation, forced labor, slavery, or debt bondage.
- Introducing or matching persons for marriage for exploitative purposes.
- Organ trafficking and recruiting children for armed activities or exploitative labor.
- Organizing or directing others to commit trafficking acts.
Attempted Trafficking
- Attempts to commit trafficking offenses where all elements are not completed are punishable.
- Specific acts involving children, such as facilitating child travel without clearance, executing fraudulent adoption consents, or selling a child, constitute attempted trafficking.
Liability of Accomplices and Accessories
- Those who knowingly aid or cooperate in trafficking are punishable as accomplices.
- Accessories profiting from the crime, concealing evidence, or harboring offenders face penalties.
Acts Promoting Trafficking
- Includes producing fake certificates, destroying evidence, tampering with travel documents, influencing witnesses, or obstructing investigations.
Qualified Trafficking
- Aggravated circumstances include involvement of relatives, public officials, military personnel, resulting in death or serious injury, repeated offenses, or management of trafficking victims.
Confidentiality of Trafficked Persons
- Law enforcers and court personnel must protect victims’ privacy at all stages.
- Public disclosure of victims' identity is prohibited except if voluntarily waived.
- Media personnel are restricted from publishing victim identity.
Case Initiation and Prosecution
- Immediate investigation upon information receipt is mandated.
- Victims and their families may file complaints.
- Cases should not be dismissed based on victims’ affidavit of desistance; intimidation to obtain such affidavits is punishable.
Penalties and Sanctions
- Imprisonment from 15 to 20 years with fines up to P2 million for trafficking offenses.
- Life imprisonment and higher fines for qualified trafficking.
- Automatic revocation of licenses of involved agencies.
- Deportation of foreign perpetrators.
- Permanent disqualification and dismissal for erring public officials.
Use of Trafficked Persons and Related Penalties
- Penalizes buying or engaging trafficked persons for prostitution with imprisonment and fines.
- Heavier penalties for offenses involving children or force.
- Foreign offenders subject to deportation and permanent entry ban.
- Public officials face dismissal and disqualification.
Prescriptive Period for Cases
- General ten-year period.
- Twenty years if committed by syndicates, large scale, or involving children.
- Counting begins from victim's release or majority age.
Government Programs to Address Trafficking
- Various government agencies tasked with prevention, protection, rehabilitation, and prosecution.
- Programs include legal assistance, shelters, counseling, monitoring, blacklisting recruiters, education, and advocacy.
- Local government units to monitor, document cases, and conduct information campaigns.
Anti-Trafficking Central Database
- Inter-Agency Council Against Trafficking to maintain a central database.
- Agencies to standardize data collection and submit case and victim data.
- Annual reporting to President and Congress.
Legal Protection of Victims
- Victims not penalized for unlawful acts committed due to trafficking circumstances.
- Consent to exploitation is irrelevant in prosecutions.
Temporary Custody of Victims
- Victims to be placed immediately in custody of social welfare or accredited shelters upon rescue.
Evidence and Consent
- Past sexual behavior or reputation inadmissible to prove consent.
- Consent is irrelevant where coercive or fraudulent means have been used.
Immunity and Prohibited Acts
- Protection from suits for lawful acts by officials during rescue and prosecution.
- Prohibition against urging abandonment of complaints.
- Judges may issue injunctions or attach traffickers' properties.
Inter-Agency Council Against Trafficking
- Composed of heads of relevant government agencies and NGO representatives.
- Coordinates policies and programs against trafficking.
Secretariat to the Council
- DOJ to establish Secretariat led by an executive director with relevant expertise.
- Secretariat supports Council functions and operations.
Extra-Territorial Jurisdiction
- Philippines asserts jurisdiction over trafficking offenses committed abroad by Filipinos, residents, or against Filipinos.
- Foreign prosecution may preclude Philippine prosecution.
- Extradition or surrender to international courts permitted.
Funding and Financial Provisions
- Appropriations charged against DOJ and concerned departments' budgets.
- Penalties and fines collected earmarked for Council use.
- Donations and grants may augment funds.
Repealing Clause and Effectivity
- Conflicts with other laws resolved in favor of this Act, except protections under RA 7610 remain intact.
- Act effective 15 days after publication in two newspapers of general circulation.