Expanded Anti-Trafficking in Persons Act 2022

The State prioritizes human dignity and guarantees respect of individual rights.
It aims to enact measures and develop programs to protect people from violence, exploitation, and trafficking.
Policies focus on recovery, rehabilitation, and reintegration of trafficked persons with cultural sensitivity and inclusivity.
The law aligns with multiple international human rights instruments and conventions.
The best interests of children are to be paramount in all related actions.

Trafficking in Persons includes recruitment, transfer, harboring, or receipt of persons by coercion or other unlawful means for exploitation, including sexual exploitation, forced labor, slavery, and organ trade.
Child laundering involves illegal adoption through falsification.
Sexual exploitation involves abuse of vulnerability for sexual purposes, with or without consent.
Pornography includes any depiction of sexual acts or body parts primarily for sexual purposes; child involvement is addressed separately as sexual abuse material.
Online Sexual Abuse and Exploitation of Children (OSAEC) covers digital sexual abuse and exploitation of minors including grooming, extortion, and live-streaming.
Definitions extend to technical terms related to information technology and internet intermediaries.

Prohibition of recruitment, transfer, or harboring for purposes like prostitution, forced labor, sexual exploitation, organ sale, and child exploitation.
Includes unlawful adoption for exploitation.
Child victims do not require the usual means of coercion for the act to be punishable.
Specifies trafficking involving children in armed conflict.
Covers exploitation through ICT and various coercive schemes.

Using property, vehicles, or digital platforms to promote trafficking is prohibited.
Producing or distributing false government documents to facilitate trafficking is outlawed.
Facilitating entry or exit of persons without proper documents for trafficking purposes is prohibited.
Internet intermediaries and public internet facilities must not allow use for trafficking or face penalties.
Assisting convicted sex offenders' entry or introduction to children is also prohibited.

Law enforcement agencies (LEAs) must act immediately upon receiving information or reports.
Authorized interception of communications with court order is permitted; exceptions for child victims in ICT-related offenses.
Strict rules govern custody and use of intercepted communications.
Cases must be filed where the offense or elements occurred; family courts handle trafficking cases.
Victims cannot dismiss cases through Affidavit of Desistance; prosecutorial opposition is mandated.
Immediate protective custody and services are provided to victims, with confidentiality strictly maintained.

Internet intermediaries must prohibit trafficking and child exploitation content and cooperate with authorities.
They must preserve relevant data and act promptly to remove trafficking-related content.
Internet cafés, money transfer centers, tourism enterprises, and transport services need to notify authorities if trafficking is suspected on their premises.
Tourism enterprises must post anti-trafficking notices, engage in advocacy, and train employees.
Financial intermediaries must report suspicious transactions linked to trafficking.
Lodging establishments must notify authorities upon knowledge of trafficking activities.
Compliance does not breach data privacy or cybercrime laws if done in good faith.

Large fines and revocation of licenses for violations of Section 9 on private sector duties.
Imprisonment and fines for unauthorized handling or destruction of intercepted communications.
Automatic revocation of recruitment licenses for underage migrant worker deployment.
Money laundering penalties apply for violations involving financial facilitators.
Malicious complaints incur fines and imprisonment.
Corporate officers may be held liable, with revocation of licenses and prohibition against operating similar businesses.
Foreign offenders may face deportation with permanent bar from the Philippines.
Government employees unlawfully issuing documents or facilitating trafficking face administrative and criminal penalties.

All fines and forfeited properties accrue to a Trust Fund.
The Fund finances programs to prevent trafficking and support victims' rehabilitation and reintegration.

Various government agencies have specified roles including protection, legal assistance, prosecution, prevention, and victim support.
Programs are designed to be culturally sensitive and incorporate gender, age, and disability considerations.
Collaboration among local government units, NGOs, and private sectors is mandated.
Agencies tasked with public awareness, border control, capacity building, and preventive education.

Foreign nationals trafficked in the Philippines receive protection and services similar to Filipino victims.
Provisions for interpreters and coordination with embassies.
Temporary stay allowed for prosecution purposes.

Composition includes key government secretaries, agency heads, and NGO representatives.
Mandated to formulate comprehensive anti-trafficking programs.
Coordinates member agencies, monitors advertising, manages data, and imposes administrative sanctions.
Provides training and policy recommendations.

The Department of Justice establishes and staffs the Secretariat supporting IACAT operations.

LGUs and DSWD develop a comprehensive healing, recovery, and reintegration program.
Services include counseling, livelihood training, education, mental health support, and shelter.
Monitoring and evaluation conducted by DSWD.

The State exercises jurisdiction over trafficking acts committed outside the Philippines if connected to Philippine actors or interests.

Funding for the Act’s implementation is included in the annual General Appropriations Act.

The Act takes effect fifteen days after publication in the Official Gazette or a newspaper of general circulation.