Policy and guiding principles
- The State values the dignity of every human person and guarantees respect for individual rights.
- The State prioritizes measures and programs that promote human dignity, protect the people from violence and exploitation, eliminate trafficking in persons, and mitigate pressures for involuntary migration and servitude.
- The State ensures trafficking responses focus not only on trafficked persons but recovery, rehabilitation, and reintegration that are culturally-responsive, gender- and age-appropriate, and disability-inclusive.
- The State recognizes the equal and inalienable rights and inherent human dignity of all members of the human family under multiple international human rights instruments, including:
- the UN Universal Declaration of Human Rights,
- CEDAW,
- CRC and its optional protocols,
- UN Convention on the Protection of Migrant Workers and their Families,
- UN Convention Against Transnational Organized Crime, including the Trafficking Protocol (especially women and children),
- ILO Convention No. 182,
- the UN Global Compact for Safe, Orderly and Regular Migration, and
- the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others.
- In actions concerning children, their best interests are the paramount consideration.
Core definitions for trafficking
- “Trafficking in Persons” is the recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, harboring, or receipt of persons within or across national borders by means of:
- threat, use of force, or other forms of coercion,
- abduction, fraud, deception,
- abuse of power or position,
- taking advantage of vulnerability, or
- giving or receiving payments or benefits to achieve consent of a person controlling another person, for the purpose of exploitation, which includes (at a minimum) prostitution or exploitation or child sexual abuse/exploitation materials, and also includes forced labor or services, slavery, servitude, or removal or sale of organs.
- Recruitment, transportation, transfer, harboring, adoption, or receipt of a child for exploitation—or when induced adoption involves consideration for exploitative purposes—is trafficking even without the means listed for adults.
- “Sexual Exploitation” covers actual or attempted abuse of a position of vulnerability, differential power, or trust for sexual purposes or lewd designs, including profiting monetarily, socially, or politically from sexual exploitation, regardless of consent.
- “Pornography” covers any representation of a person engaged in real or simulated explicit sexual activities or sexual parts primarily for sexual purposes, by any medium; when a child is involved, the material is treated as child sexual abuse and exploitation material.
- “Child Laundering” is stealing and selling a child to adopting parents under false pretenses, using schemes such as falsifying details or manipulating origins to make the child appear an orphan or foundling.
- “Child Sexual Abuse and Exploitation Material (CSAEM/CSAM)” includes photos, images, videos, recordings, streams, or any media depicting acts of sexual abuse and exploitation of a child or depicting a child as a sexual object, whether digital or through ICT, and materials focusing on real or simulated genitalia or other private body parts.
- “Communications” covers spoken or written conversations, exchanges, discussions, data, information, or messages.
- “Computer System” covers any device or group of interconnected or related devices that perform automated data processing, including computers and mobile phones and associated hardware/software components, whether standalone or networked.
- “Computer and Other Computer-Related Devices” covers devices that perform automated processing of data, including computers and mobile phones.
- “Data” covers:
- content data (meaning/substance of communication), and
- traffic data or non-content data (origin, destination, route, time/date, size, duration, or type of underlying service).
- “Information and Communications Technology (ICT)” covers the totality of electronic means to access, create, collect, store, process, receive, transmit, present, and disseminate information.
- “Interception” covers listening to, recording, monitoring, or surveillance of the content of communications, including procuring content data, directly via a computer system or through electronic eavesdropping/tapping devices while communication occurs.
- “Internet Intermediaries” includes natural or juridical persons or entities providing internet infrastructure, platforms, access to host, transmit and index content, and includes:
- ISPs,
- data processing and web hosting providers including domain name registrars,
- internet search engines and portals,
- e-commerce intermediaries,
- internet payment system providers (whether supervised by BSP or not),
- participative network platform providers/social media intermediaries.
- “Subscriber’s or Registrant’s Information” is computer data or other information held by internet intermediaries (other than traffic/content data) that can establish:
- type of communication service, technical provisions, and period of service,
- subscriber/registrant identity, address, telephone/access numbers, assigned network address, billing and payment information based on service agreement, or
- other available information on where communication equipment is installed based on service agreement/arrangement.
- “Tourism Enterprises” includes tourism facilities/services and a broad range of establishments (travel and tour services; health/wellness/medical tourism; tourist transport services; tour guides; adventure sports; convention organizers; accommodations such as hotels/resorts/inns/motels/pension houses/home stays; tourism estate management; restaurants/shops/sports/recreation/spas/museums/galleries/theme parks/convention centers/zoos).
- “Online Sexual Abuse and Exploitation of Children (OSAEC)” covers the use of digital or analog communication and ICT to abuse/exploit children sexually, including online grooming, sexual extortion, sharing image-based sexual abuse, commercial sexual exploitation, online prostitution, live-streaming of sexual abuse, and production/dissemination/possession of CSAEM/CSAM.
Unlawful acts of trafficking and related crimes
- It is unlawful for any person, natural or juridical, to commit trafficking in persons by specified means for exploitative purposes, including exploitation involving prostitution, pornography, sexual abuse/exploitation, CSAEM/CSAM production/creation/distribution, forced labor, slavery, involuntary servitude, or debt bondage.
- The unlawful trafficking acts include:
- recruiting, obtaining, hiring, providing, offering, transporting, transferring, maintaining, harboring, or receiving a person including acts done under the pretext of domestic or overseas employment/training/apprenticeship for exploitative purposes;
- introducing or matching for money/profit/material/economic or other consideration a person (and, for Filipino-to-foreign spouse matching, as provided under Republic Act No. 10906 or the Anti-Mail Order Spouse Act) for purposes of trafficking-related exploitation;
- adopting or facilitating adoption of persons with or without consideration for exploitative purposes, including facilitating illegal child adoptions or child-laundering;
- recruiting, hiring, adopting, transporting, transferring, obtaining, harboring, maintaining, providing, offering, receiving, or abducting a person for removal or sale of organs;
- recruiting a child for armed activities or participation in armed conflict in the Philippines or abroad;
- recruiting/transporting/harboring/obtaining/maintaining/hiring/offering/providing/receiving a person by the means in trafficking definitions for forced labor, slavery, debt bondage, and involuntary servitude under schemes intended to cause (1) belief in serious harm/physical restraint if labor is not performed, or (2) abuse/threat to law or legal processes;
- recruiting, transporting, transferring, harboring, obtaining, maintaining, offering, hiring, providing, receiving, or adopting a child for exploitation or trading them, including buying/selling a child for consideration or barter for exploitation;
- organizing, providing financial support, or directing others to commit trafficking acts under the Act; and
- recruiting/transporting/obtaining/transfer/harboring/maintaining/ offering/hiring/providing/receiving/adopting a child for deployment abroad as a migrant worker.
- When the victim is a child, the means listed in the trafficking definition are not necessary to establish the unlawful act.
- For overseas domestic work, a “child” means a person below twenty-four (24) years old.
Acts promoting trafficking
- It is unlawful to knowingly lease or sublease or allow use of any house/building/tourism enterprise/similar establishment, any vehicle or carrier, or their computer systems/hardware/digital platform/application, for promoting trafficking in persons.
- It is unlawful to produce/print/issue or distribute unissued, tampered, or fake passports, birth certificates, affidavits of delayed registration of births, foundling certificates, travel clearances, counseling certificates, registration stickers, overseas employment certificates, or other government-issued certificates/decals/markers used to prove compliance with regulatory and pre-departure requirements, for the purpose of promoting trafficking in persons.
- It is unlawful to facilitate the exit and entry of persons from/to the country knowing they are without required travel documents or using tampered/fake/fraudulently acquired travel documents, for promoting trafficking in persons.
- It is unlawful for internet intermediaries to knowingly or by gross negligence allow infrastructure to be used for promoting trafficking in persons.
- It is unlawful for internet cafes, kiosks, and hotspots (including establishments offering public Wi‑Fi) to knowingly or by gross negligence allow facilities to be used for promoting trafficking in persons.
- It is unlawful for financial intermediaries (including banks, credit card companies, and money transfer/remittance centers) to knowingly or by gross negligence allow services/platforms/applications used for promoting trafficking in persons.
- It is unlawful to knowingly or by gross negligence facilitate/assist/help the entry into the country of persons convicted sex offenders for promoting trafficking in persons.
- It is unlawful to arrange/facilitate/expedite/cause the introduction or encounter of suspected/convicted sex offenders to a child for exploitation purposes; liability exists even if the introduction/encounter does not actually occur, if there is a deliberate attempt.
Qualified trafficking circumstances
- Violations of Section 4 are qualified trafficking when, among others:
- the trafficked person is a child (with online sexual abuse/exploitation of children handled without prejudice to appropriate investigation/prosecution under other related laws);
- the offender commits one or more trafficking acts over a period of at least sixty (60) days (continuous or not);
- the offender, or through another, directs or manages the victim’s actions in carrying out the exploitative purpose;
- the crime is committed during a crisis, disaster, public health concern, pandemic, humanitarian conflict, or emergency situation, or when the trafficked person is a survivor of a disaster or human-induced conflict;
- the trafficked person belongs to an indigenous community or religious minority and is a member of the same;
- the trafficked person is a person with disability (PWD);
- the crime has resulted in pregnancy;
- the trafficked person suffered mental or emotional disorder as a result of victimization;
- the act is committed by or through the use of ICT or any computer system.
Investigation, interception rules, and procedure
- Law enforcement agencies (LEAs) must immediately initiate investigation and countertrafficking-intelligence gathering motu proprio or within ten (10) days from receipt of statements/reports/affidavits from victims, migrant workers, families, internet intermediaries, and other persons with personal knowledge of possible violations.
- LEAs must coordinate closely and may initiate bilateral or multi-lateral agreements to allow foreign internet intermediaries to share investigation data needed for prosecutions, while respecting and protecting victims’ and families’ right to privacy.
- A law enforcement officer (LEO) may track, intercept, view, monitor, surveil, listen to, and record communications involving at least one person charged, suspected, or reasonably believed to have committed violations using electronic/intercepting devices, but only under a written order from the Regional Trial Court.
- A court order is not required for a LEO acting undercover to intercept communications when the victim is a child, the offense involves computer systems and digital platforms, and the LEO reasonably believes the suspect has committed/is committing/is about to commit the Act offenses.
- Interception orders issue only on ex parte written application of an LEO, examined under oath/affirmation to show:
- reasonable grounds that Act crimes are committed/being committed/about to be committed,
- reasonable grounds that evidence obtained is essential to conviction/solution/prevention, and
- no other means readily available to obtain such evidence.
- Interception authorization is effective only for the period set by the court, not exceeding thirty (30) days, and may be extended only for additional periods not exceeding thirty (30) days after expiration based on justifiable reasons/need for investigation or public interest.
- After court-granted termination, if the original applicant is unavailable, an authorized team member may file the extension/renewal application.
- The LEO must file the appropriate case with the Public Prosecutors Office of the Department of Justice (DOJ) within thirty (30) days after termination; if no case is filed, the LEO must notify the authorizing court within thirty (30) days after expiration.
- Failure to notify the authorizing court within the required period triggers penalty under Section 10(g).
- Undercover undercover recording for internet/digital platforms is not treated as wiretapping or illegal interception and is not a basis for liability under Republic Act No. 4200, if it is direct recording of communications involving trafficking offenses.
- Victims of trafficking of any age are not liable under Republic Act No. 4200 or Republic Act No. 10175 (Cybercrime Prevention Act of 2012) for recording/transmitting/performing acts directly related to reporting violations committed against them.
- The court authorization order must specify:
- the identity of the charged/suspected person (name/address if known),
- for ICT communications, description of subscriber/registrant number/account and locations if known,
- if the person is not fully known, continuous surveillance when reasonable grounds exist,
- identities of intercepting LEOs or assisting individuals/juridical persons,
- the offense(s) committed/being committed/sought to be prevented, and
- the time length for authorization use.
- Within forty-eight (48) hours after expiration of the period fixed by the written order (or after expiration of extension/renewal), all tapes/discs/recordings and related notes/excerpts/summaries must be submitted to the authorizing court or custodian in a sealed envelope/package with a joint affidavit of the LEO and team members.
- Copying of computer data may be done with proper court authorization for case build-up or preliminary investigation.
- It becomes unlawful for any person, LEO, or custodian to make unauthorized copies, or to remove/delete/expunge/incinerate/shred/destroy the intercepted materials or any part of them without court authorization, under any pretext.
- The joint affidavit must state:
- number of tapes/discs/recordings and related excerpts/summaries/notes/memoranda,
- dates and times covered,
- which items were included in the deposit, and
- the DOJ authorization date for the ex parte application and dates of any extensions/renewals.
- Intercepted recordings and related deposits are treated as classified information, must not be opened, and cannot be divulged or used as evidence unless opened by written order of the authorizing court on DOJ written application with proper notice to the person whose communications were intercepted.
- Intercepted communications and any part thereof obtained in violation of the Act are absolutely inadmissible as evidence in any judicial, quasi-judicial, legislative, or administrative proceeding.
- Offenses punishable under the Act are public crimes; the trafficked person, certain relatives/guardians, licensed child-caring institution officers/social workers, certain law enforcement and barangay officials, and at least three (3) concerned citizens where the violation occurred may file a complaint.
- Venue for criminal actions lies where the offense was committed, where any element occurred, or where the trafficked person actually resides at the time; the first court filed acquires jurisdiction to the exclusion of other courts.
- Trafficking in persons cases must be heard in the chamber of the Regional Trial Court duly designated as family courts.
- Trafficking cases should not be dismissed based on an Affidavit of Desistance executed by victims or their parents/legal guardians; prosecutors must oppose dismissal motions, and attempts to unduly pressure complainants to execute an Affidavit of Desistance are punishable.
- Where warranted, trafficking victims must be placed under protective custody of the DSWD pursuant to Republic Act No. 7610 and custody proceedings follow Presidential Decree No. 603.
- Victims of trafficking of all ages are entitled to immediate temporary protective shelter from the DSWD; if overseas, the relevant embassy or consulate provides it.
- Victims of trafficking and family members are entitled to protection and preferential entitlement to witness rights and benefits under Republic Act No. 6981, when qualified and without disqualifications.
- A trafficking victim is also treated as a victim of a violent crime under Section 3(d) of Republic Act No. 7309, enabling claims under that board of claims statute.
- Records and proceedings are privileged and confidential from initial contact until final disposition; the public must be excluded and records not disclosed where child testimony is taken under the applicable child witness rules.
- It is unlawful for media and film/movie industry participants (editor/publisher/reporter/columnist/announcer/producer/film producer/director) to cause publicity that may result in further suffering of the victim.
- All persons involved in reporting/investigating/trying gender-based violence cases must refrain from acts/statements that blame the victim or shift responsibility for the offense to the victim.
Private-sector duties and enforcement obligations
- Internet intermediaries must:
- adopt in terms of service/service agreements prohibitions on child trafficking, CSAEM/CSAM, and any exhibition of sexual exploitation of children;
- cooperate with LEAs for prosecution and evidence preservation, including provision of subscriber/traffic data upon formal request of duly authorized law enforcement bodies without need of warrant and consistent with due process;
- compile and maintain a comprehensive list of relevant child-trafficking/CSAEM/CSAM/sexual exploitation-related URLs, with regular updates through partnerships/memberships in organizations maintaining comprehensive lists and hashes;
- preserve and protect subscriber information and traffic data in their control for one (1) year from date of transaction for investigation and prosecution, extendable for another year upon notice by DOJ/PNP/NBI/DICT-CICC with express identification and specification of what must be preserved;
- immediately block access/remove/take down internet addresses/URLs/websites/content containing trafficking/CSAEM/CSAM/sexual exploitation of children within twenty-four (24) hours from notice or upon knowledge of attempted or actual trafficking within their control, with preservation duties extended as deemed necessary;
- report to DOJ/PNP/NBI/DICT-CICC the blocked/removed/taken-down addresses/any unusual content or traffic data within three (3) days of blocking/removal/takedown, with compliance mechanisms for foreign intermediaries where their home countries prohibit sharing data, and with good-faith notice protected from civil liability for damages; and
- upon request and notwithstanding Republic Act No. 10175 and consistent with Republic Act No. 10173 (Data Privacy Act of 2012), provide DOJ/PNP/NBI/DICT-CICC subscriber information of persons who gained or attempted to gain access to sites/apps containing child trafficking/CSAEM/CSAM/sexual exploitation of children, provided the request particularly describes the information sought and its relevancy to the case.
- Nothing requires internet intermediaries to engage in monitoring of users/subscribers/customers or the content of communications.
- These duties apply without prejudice to other duties under other laws, including where violations involve online sexual abuse/exploitation of children.
- Owners and operators of internet cafes, hotspots and kiosks, money transfer/remittance centers, transport services, tourism enterprises, malls, and other public-serving business establishments must notify the PNP or NBI within forty-eight (48) hours of obtaining facts/circumstances that violations are occurring within their premises or that their facilities/services are being used to commit violations.
- Public display of any form of CSAEM/CSAM in such premises creates a conclusive presumption of knowledge by owners/operators/lessors for prosecution under the Act.
- Establishments must promote awareness against trafficking through clear and visible signages in English and the local dialect, with local and national hotlines posted prominently.
- Money transfer and remittance centers must require individuals to present valid government identification cards.
- Tourism enterprises must notify the DSWD, DOJ, DOLE, PNP, or NBI within forty-eight (48) hours of obtaining facts/circumstances that trafficking in persons (including child trafficking/sexual exploitation of children) is being committed in their premises.
- Public display of any form of CSAEM/CSAM in tourism premises creates a conclusive presumption of knowledge for prosecution under the Act.
- Tourism enterprises must post notices with trafficking hotline contact details (national and local) in conspicuous places near public entrances, inside rest rooms, elevators, parking areas, and other customary notice locations.
- Tourism enterprises must engage in anti-trafficking advocacy as corporate responsibility, with IACAT developing a model notice for downloading and posting by LGUs and tourism enterprises.
- Tourism enterprises must develop their own anti-trafficking tourism policy based on IACAT guidelines and the Department of Tourism.
- Tourism enterprises must train employees likely to interact with/come into contact with victims to recognize trafficking signs and report suspected trafficking to the proper LEA; IACAT and DSWD must develop a training curriculum/program for downloading.
- Tourism enterprise responsibilities are made part of accreditation requirements for local government and local business permit issuance.
- Financial intermediaries and persons working for/related to them or with direct knowledge of trafficking-related financial activity/transactions must report suspected trafficking-related activity to concerned LEAs and must report to AMLC under the suspicious transaction reporting mechanism under Republic Act No. 9160.
- AMLC must promulgate rules including guidelines to determine suspicious activity and indicators for trafficking-related transactions and must issue guidelines within three (3) months from the Act’s effectivity.
- LEAs may inquire/examine deposits/investments including related accounts with banking/non-bank financial institutions, or require relevant financial documents/information, upon court order based on an ex parte application, when there is reasonable ground that the deposit/investment/related accounts are related to trafficking and Act violations.
- Owners/lessors/operators of hotels, transient and residential houses, condominiums, dormitories, apartments, and analogous living spaces must notify PNP or NBI immediately but not later than forty-eight (48) hours from obtaining facts/circumstances that trafficking or OSAEC activities are being committed in premises.
- Actual knowledge by owners/operators/lessors is required for prosecution, but receipt of information that trafficking took place in premises triggers the duty to notify.
- In making notifications in good faith and through proper processes when requested by law enforcers/prosecutors/investigative bodies, the duties/obligations of those entities are not construed as violations of Republic Act No. 10173 or Republic Act No. 10175.
Penalties, sanctions, and administrative consequences
- Section 10 establishes penalties and sanctions for offenses enumerated in the Act.
- Violating Section 9 triggers a fine of not less than PHP 2,000,000.00 but not more than PHP 5,000,000.00 for a first offense.
- For subsequent offenses under Section 9, the fine is not less than PHP 2,000,000.00 but not more than PHP 10,000,000.00, and revocation of franchise and license to operate applies.
- Juridical persons owning or managing the covered enterprises are subsidiarily liable; their license/permit may be revoked.
- Willful and intentional violations of Section 9 are subject to penalties in Section 10(f).
- Violating Section 8(b), Section 8(d), and Section 8(g) subjects a person to 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.
- A penalty of not less than six (6) years and one (1) day to twelve (12) years imprisonment applies for intentionally copying without court authorization, removing/deleting/expunging/incinerating/shredding/destroying tapes/discs/recordings or their excerpts/summaries/notes/memoranda, or intentionally omitting/excluding items from the joint affidavit.
- A recruitment or manning agency that recruited/deployed an underage migrant worker must have its license automatically revoked and must pay a fine of not less than PHP 1,000,000.00 but not more than PHP 3,000,000.00 per recruited underage migrant worker.
- The responsible recruitment or manning agency must refund all fees for processing papers/documents to the underage migrant worker or to parents/guardian without need of notice, within thirty (30) days from mandatory repatriation; the refund is independent of and in addition to indemnification for damages.
- A person violating Section 5(m) is deemed to have committed unlawful activities and is penalized for money laundering under Republic Act No. 9160.
- A person who maliciously and solely to harass/persecute/subject another to unwarranted surveillance or wiretapping files a complaint for violations under the Act suffers imprisonment of not more than one (1) year and a fine of not less than PHP 500,000.00 but not more than PHP 1,000,000.00.
- When the offender is a corporation/partnership/association/club/establishment/juridical person, the penalty is imposed on the owner/president/partner/manager/responsible officer(s) who participated or permitted or knowingly failed to prevent commission.
- Registration with SEC or DTI and license to operate of erring agencies, corporations, associations, religious groups, tour/travel agents, clubs, establishments, or enumerated entities under Section 9 is cancelled and revoked permanently, and the responsible owner/manager cannot operate similar establishments under another name.
- If the offender is a foreigner, the