PRESENTED BY: RICHIE A.
SARANZA REPUBLIC ACT 9208
“AN ACT TO INSTITUTE POLICIES TO ELIMINATE
TRAFFICKING IN PERSONS ESPECIALLY WOMEN
AND CHILDREN, ESTABLISHING THE NECESSARY
INSTITUTIONAL MECHANISMS FOR THE
PROTECTION AND SUPPORT OF TRAFFICKED
PERSONS, PROVIDING PENALTIES FOR ITS
VIOLATIONS AND FOR OTHER PURPOSES”
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 NEXT
REPUBLIC ACT 9208
TRAFFICKING IN
WHAT IS PERSONS -
RECRUITMENT, TRANSPORTATION, TRANSFER, HARBORING OR RECEIPT OF PERSONS
WITH OR WITHOUT CONSENT OR KNOWLEDGE WITHIN OR ACROSS NATIONAL
BORDERS by means of threat or use of force, or other forms of coercion, abduction, fraud,
deception, abuse of power or of position, taking advantage of the vulnerability of the
person, or, the giving or receiving of payments or benefits to achieve the consent of a
person having control over another person for the purpose of exploitation which includes
at a minimum, the exploitation or the 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 THE PURPOSE OF EXPLOITATION SHALL ALSO BE CONSIDERED AS "TRAFFICKING
IN PERSONS" EVEN IF IT DOES NOT INVOLVE ANY OF THE MEANS SET FORTH IN THE
PRECEDING PARAGRAPH.
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 NEXT
DEFINITION
CHILD PROSTITUTION FORCED LABOR AND
SLAVERY
REFERS TO A PERSON BELOW REFERS TO ANY ACT, REFER TO THE EXTRACTION OF
EIGHTEEN (18) YEARS OF AGE OR TRANSACTION, SCHEME OR WORK OR SERVICES FROM ANY
ONE WHO IS OVER EIGHTEEN (18) DESIGN INVOLVING THE USE PERSON BY MEANS OF ENTICEMENT,
BUT IS UNABLE TO FULLY TAKE CARE VIOLENCE, INTIMIDATION OR
OF A PERSON BY ANOTHER,
OF OR PROTECT HIMSELF/HERSELF THREAT, USE OF FORCE OR
FOR SEXUAL INTERCOURSE COERCION, INCLUDING
FROM ABUSE, NEGLECT, CRUELTY,
OR LASCIVIOUS CONDUCT IN DEPRIVATION OF FREEDOM, ABUSE
EXPLOITATION, OR
DISCRIMINATION BECAUSE OF A EXCHANGE FOR MONEY, OF AUTHORITY OR MORAL
PROFIT OR ANY OTHER ASCENDANCY, DEBT-BONDAGE OR
PHYSICAL OR MENTAL DISABILITY
DECEPTION.
OR CONDITION. CONSIDERATION.
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DEFINITION
SEX TOURISM SEXUAL EXPLOITATION DEBT BONDAGE
REFERS TO A PROGRAM ORGANIZED BY REFERS TO PARTICIPATION BY A REFERS TO THE PLEDGING BY THE
TRAVEL AND TOURISM-RELATED PERSON IN PROSTITUTION OR DEBTOR OF HIS/HER PERSONAL
ESTABLISHMENTS AND INDIVIDUALS THE PRODUCTION OF SERVICES OR LABOR OR THOSE OF A
WHICH CONSISTS OF TOURISM PACKAGES PORNOGRAPHIC MATERIALS AS A PERSON UNDER HIS/HER CONTROL AS
OR ACTIVITIES, UTILIZING AND OFFERING RESULT OF BEING SUBJECTED TO SECURITY OR PAYMENT FOR A DEBT,
ESCORT AND SEXUAL SERVICES AS A THREAT, DECEPTION, WHEN THE LENGTH AND NATURE OF
ENTICEMENT FOR TOURISTS. THIS COERCION, ABDUCTION, FORCE, SERVICES IS NOT CLEARLY DEFINED
INCLUDES SEXUAL SERVICES AND ABUSE OF AUTHORITY, DEBT OR WHEN THE VALUE OF THE SERVICES
PRACTICES OFFERED DURING REST AND
BONDAGE, FRAUD OR THROUGH AS REASONABLY ASSESSED IS NOT
RECREATION PERIODS FOR MEMBERS OF
ABUSE OF A VICTIM'S APPLIED TOWARD THE LIQUIDATION
THE MILITARY.
VULNERABILITY. OF THE DEBT
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 NEXT
DEFINITION
PORNOGRAPHY – COUNCIL
REFERS TO ANY REPRESENTATION,
SHALL MEAN THE
THROUGH PUBLICATION, EXHIBITION,
CINEMATOGRAPHY, INDECENT SHOWS, INTER-AGENCY
INFORMATION TECHNOLOGY, OR BY
WHATEVER MEANS, OF A PERSON ENGAGED
COUNCIL AGAINST
IN REAL OR SIMULATED EXPLICIT SEXUAL TRAFFICKING CREATED
ACTIVITIES OR ANY REPRESENTATION OF
THE SEXUAL PARTS OF A PERSON FOR UNDER SECTION 20 OF
PRIMARILY SEXUAL PURPOSES. THIS ACT
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 NEXT
REPUBLIC ACT 9208
TRAFFICKING IN PERSONS
VS HUMAN/PEOPLE
SMUGGLING
TRAFFICKING IN PERSON
MODERN DAY SLAVERY HUMAN SMUGGLING
USUALLY INVOLVES FORCE, FRAUD &
COERCION
USUALLY DOES NOT INVOLVE COERCION
CHARACTERIZED BY SUBSEQUENT CHARACTERIZED BY FACILITATING, FOR A
EXPLOITATION AFTER THE ILLEGAL FEE, THE ILLEGAL ENTRY OF A PERSON
ENTRY OF PERSON INTO A FOREIGN INTO A FOREIGN COUNTRY
COUNTRY CONSIDERED A MIGRATION CONCERN
CONSIDERED A HUMAN RIGHT ISSUE
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 NEXT
REPUBLIC ACT 9208
ACTS OF TRAFFICKING IN PERSONS
(SEC.4)
ACTS THAT PROMOTE TRAFFICKING
IN PERSONS (SEC.5)
VIOLATION OF CONFIDENTIALITY
(SEC.7)
USE OF TRAFFICKED PERSON FOR
PROSTITUTION (SEC.11)
PUNISHABLE
ACTS
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 NEXT
REPUBLIC ACT 9208, SECTION 4
(a) To recruit, transport, transfer;
harbor, provide, or receive a person
by any means, including those done
under the pretext of domestic or
overseas employment or training or
apprenticeship, for the purpose of
prostitution, pornography, sexual
PUNISHABLE ACTS
exploitation, forced labor, slavery,
WHAT ARE CONSIDERED involuntary servitude or debt
ACTS OF TRAFFICKING IN bondage;
PERSON?
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 NEXT
REPUBLIC ACT 9208, SECTION 4
(b) To introduce or match for money,
profit, or material, economic or other
consideration, any person or, as provided
for under Republic Act No. 6955, any
Filipino woman to a foreign national, for
marriage for the purpose of acquiring,
buying, offering, selling or trading
PUNISHABLE ACTS him/her to engage in prostitution,
pornography, sexual exploitation, forced
WHAT ARE CONSIDERED labor, slavery, involuntary servitude or
ACTS OF TRAFFICKING IN debt bondage;
PERSON?
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 NEXT
REPUBLIC ACT 9208, SECTION 4
(c) To offer or contract marriage,
real or simulated, for the purpose
of acquiring, buying, offering,
selling, or trading them to engage
in prostitution, pornography,
PUNISHABLE ACTS sexual exploitation, forced labor or
slavery, involuntary servitude or
WHAT ARE CONSIDERED debt bondage;
ACTS OF TRAFFICKING IN
PERSON?
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 NEXT
REPUBLIC ACT 9208, SECTION 4
(d) To undertake or organize tours and travel
plans consisting of tourism packages or
activities for the purpose of utilizing and
offering persons for prostitution,
pornography or sexual exploitation;
(e) To maintain or hire a person to engage in
prostitution or pornography;
(f) To adopt or facilitate the adoption of
PUNISHABLE ACTS persons for the purpose of prostitution,
pornography, sexual exploitation, forced
WHAT ARE CONSIDERED labor, slavery, involuntary servitude or debt
ACTS OF TRAFFICKING IN bondage;
PERSON?
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 NEXT
REPUBLIC ACT 9208, SECTION 4
(g) To recruit, hire, adopt, transport
or abduct a person, by means of
threat or use of force, fraud, deceit,
violence, coercion, or intimidation
for the purpose of removal or sale
of organs of said person; and
PUNISHABLE ACTS (h) To recruit, transport or adopt a
child to engage in armed activities
WHAT ARE CONSIDERED
ACTS OF TRAFFICKING IN in the Philippines or abroad.
PERSON?
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 NEXT
REPUBLIC ACT 9208, SECTION 5
(a) To knowingly lease or sublease, use or
allow to be used any house, building or
establishment for the purpose of promoting
trafficking in persons;
(b) To produce, print and issue or distribute
unissued, tampered or fake counseling
certificates, registration stickers and
PUNISHABLE ACTS certificates of any government agency which
issues these certificates and stickers as proof
WHAT ARE CONSIDERED of compliance with government regulatory
PROMOTION OF and pre-departure requirements for the
TRAFFICKING IN PERSON? purpose of promoting trafficking in persons;
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 NEXT
REPUBLIC ACT 9208, SECTION 5
(c) To advertise, publish, print,
broadcast or distribute, or cause the
advertisement, publication, printing,
broadcasting or distribution by any
means, including the use of information
technology and the internet, of any
PUNISHABLE ACTS
brochure, flyer, or any propaganda
WHAT ARE CONSIDERED material that promotes trafficking in
PROMOTION OF persons;
TRAFFICKING IN PERSON?
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 NEXT
REPUBLIC ACT 9208, SECTION 5
(d) To assist in the conduct of
misrepresentation or fraud for
purposes of facilitating the acquisition
of clearances and necessary exit
documents from government agencies
that are mandated to provide pre-
PUNISHABLE ACTS
departure registration and services for
WHAT ARE CONSIDERED departing persons for the purpose of
PROMOTION OF promoting trafficking in persons;
TRAFFICKING IN PERSON?
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 NEXT
REPUBLIC ACT 9208, SECTION 5
(e) To facilitate, assist or help in the
exit and entry of persons from/to the
country at international and local
airports, territorial boundaries and
seaports who are in possession of
PUNISHABLE ACTS unissued, tampered or fraudulent travel
documents for the purpose of
WHAT ARE CONSIDERED
PROMOTION OF promoting trafficking in persons;
TRAFFICKING IN PERSON?
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 NEXT
REPUBLIC ACT 9208, SECTION 5
(f) To confiscate, conceal, or destroy the
passport, travel documents, or personal
documents or belongings of trafficked
persons in furtherance of trafficking or to
prevent them from leaving the country or
seeking redress from the government or
appropriate agencies; and
PUNISHABLE ACTS (g) To knowingly benefit from, financial or
otherwise, or make use of, the labor or
WHAT ARE CONSIDERED services of a person held to a condition of
PROMOTION OF involuntary servitude, forced labor, or
TRAFFICKING IN PERSON? slavery.
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 NEXT
REPUBLIC ACT 9208, SECTION 6
(a) When the trafficked person is a child;
(b) When the adoption is effected
through Republic Act No. 8043,
otherwise known as the "Inter-Country
Adoption Act of 1995" and said adoption
PUNISHABLE ACTS is for the purpose of prostitution,
pornography, sexual exploitation, forced
WHAT ARE CONSIDERED
QUALIFIED TRAFFICKING labor, slavery, involuntary servitude or
IN PERSON? debt bondage;
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 NEXT
REPUBLIC ACT 9208, SECTION 6
(c) When the crime is committed by a
syndicate, or in large scale. Trafficking is
deemed committed by a syndicate if
carried out by a group of three (3) or
more persons conspiring or
PUNISHABLE ACTS confederating with one another. It is
deemed committed in large scale if
WHAT ARE CONSIDERED committed against three (3) or more
QUALIFIED TRAFFICKING
IN PERSON? persons, individually or as a group;
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 NEXT
REPUBLIC ACT 9208, SECTION 6
(d) When the offender is an ascendant,
parent, sibling, guardian or a person
who exercises authority over the
trafficked person or when the offense
is committed by a public officer or
employee;
PUNISHABLE ACTS (e) When the trafficked person is
recruited to engage in prostitution
WHAT ARE CONSIDERED with any member of the military or law
QUALIFIED TRAFFICKING
IN PERSON? enforcement agencies;
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 NEXT
REPUBLIC ACT 9208, SECTION 6
(f) When the offender is a member of
the military or law enforcement
agencies; and
(g) When by reason or on occasion of
the act of trafficking in persons, the
offended party dies, becomes insane,
PUNISHABLE ACTS suffers mutilation or is afflicted with
Human Immunodeficiency Virus (HIV)
WHAT ARE CONSIDERED or the Acquired Immune Deficiency
QUALIFIED TRAFFICKING
IN PERSON? Syndrome (AIDS).
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 NEXT
REPUBLIC ACT 9208, SECTION 7
THE NAME AND PERSONAL
CIRCUMSTANCES OF TRAFFICKED
PERSON OR THE ACCUSED, OR ANY
OTHER INFORMATION TENDING TO
ESTABLISH THEIR IDENTITIES AND
PUNISHABLE ACTS SUCH CIRCUMSTANCES OR
INFORMATION SHALL NOT BE
VIOLATION OF DISCLOSED TO THE PUBLIC.
CONFIDENTIALITY
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 NEXT
REPUBLIC ACT 9208, SECTION 7
IN CASES WHEN PROSECUTION OR TRIAL IS
CONDUCTED BEHIND CLOSED DOORS, IT
SHALL BE UNLAWFUL FOR ANY EDITOR,
PUBLISHER, AND REPORTER OR COLUMNIST
IN CASE OF PRINTED MATERIALS,
ANNOUNCER OR PRODUCER IN CASE OF
TELEVISION AND RADIO, PRODUCER OR
DIRECTOR OF A FILM IN CASE OF MOVIE
PUNISHABLE ACTS INDUSTRY, OR ANY PERSON UTILIZING TRI-
MEDIA FACILITIES OR INFORMATION
VIOLATION OF TECHNOLOGY TO CAUSE PUBLICITY OF ANY
CONFIDENTIALITY CASE OF TRAFFICKING IN PERSONS
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 NEXT
REPUBLIC ACT 9208, SECTION 11
Any person who buys or
engages the services of
trafficked persons for
PUNISHABLE ACTS prostitution shall be
USE OF TRAFFICKED
penalized
PERSONS
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 NEXT
SECTION 12. SECTION 13. EXEMPTION
PRESCRIPTIVE PERIOD FROM FILING FEES. SECTION 14
Trafficking cases under this Act Confiscation and Forfeiture of the Proceeds
When the trafficked person and Instruments Derived from Trafficking in
shall prescribe in ten (10) years: Persons. - IXXX the court shall order the
Provided, however, That
institutes a separate civil
confiscation and forfeiture, in favor of the
trafficking cases committed by action for the recovery of government, of all the proceeds and properties
a syndicate or in a large scale as civil damages, he/she shall derived from the commission of the crime, XXX
When the proceeds, properties and
defined under Section 6 shall be exempt from the instruments of the offense have been
prescribe in twenty (20) years. payment of filing fees. destroyed, XXX the offender shall be ordered
xxx to pay the amount equal to the value of the
proceeds, property or instruments of the
offense.
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 NEXT
SERVICES AND REPUBLIC ACT 9208
PROGRAMS FOR
VICTIMS OF
TRAFFICKING
PROGRAMS
TRUST FUND & SERVICES INTER-AGENCY COUNCIL
EMERGENCY SHELTER OR APPROPRIATE
HOUSING DEPARTMENT OF FOREIGN AFFAIRS (DFA)
All fines xxx shall accrue to a Trust DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT
COUNSELING (DSWD)
Fund to be administered and LEGAL ASSISTANCE UNDER R.A. 8042 DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE)
DEPARTMENT OF JUSTICE (DOJ)
managed by the Council to be used MEDICAL AND PSYCHOLOGICAL SERVICES
NATIONAL COMMISSION ON THE ROLE OF FILIPINO
LIVELIHOOD AND SKILLS TRAINING
exclusively for programs that will WOMEN (NCRFW)
EDUCATIONAL ASSISTANCE TO BUREAU OF IMMIGRATION (BI)
prevent acts of trafficking and TRAFFICKED CHILDREN PHILIPPINE NATIONAL POLICE (PNP)
PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION
protect, rehabilitate, reintegrate REPATRIATION OF TRAFFICKED PERSONS (POEA)
ALL FORMS OF ASSISTANCE NECESSARY DEPARTMENT OF THE INTERIOR AND LOCAL
trafficked persons into the REGARDLESS OF IMMIGRATION STATUS GOVERNMENT (DILG)
mainstream of society. xxx IN THE HOST COUNTRY
J) LOCAL GOVERNMENT UNITS (LGUS)
(g) Three (3) representatives from NGOs xxx
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 NEXT
REPUBLIC ACT 9208
PEOPLE OF THE
CASE PHILIPPINES VS. EFREN
T. TABIEROS AND JOHN
DAVID INFANTE,
LAW ACCUSED; AND JOHN
DAVID INFANTE,
ACCUSED-APPELLANT.
In G.R. No. 234191, the Supreme Court upheld a
conviction for qualified trafficking involving minors.
The ruling emphasized that corroborating
testimonies from law enforcement and victims
were sufficient for conviction under Section
4(e) of the Act, which prohibits maintaining or
hiring a person for prostitution or pornography
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 NEXT
REPUBLIC ACT 9208
CASE LENIDA T. MAESTRADO,
PETITIONER, VS. PEOPLE
OF THE PHILIPPINES,
LAW RESPONDENT.
The Court relied on Section 4-A of RA 9208, as amended by
RA 10364, which clearly defines acts constituting attempted
trafficking in persons, including:
Simulation of a child's birth for the purpose of selling
the child.
Soliciting and acquiring the custody of a child through
various means in order to facilitate trafficking.
The statutory framework mandates that for a conviction, it
must be established that the victim is a child and that the
acts were committed with the intent to traffic.
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 NEXT
RA 9208 ANTI-TRAFFICKING IN PERSONS ACT OF 2003
THANK YOU!
