Qualified Trafficking refers to specific circumstances that elevate the crime of trafficking in
persons to a more serious offense, carrying harsher penalties.
To understand Qualified Trafficking, it's helpful to first understand the general concept of
Trafficking in Persons under Republic Act No. 9208, as amended:
Trafficking in Persons: Definition and General Elements Trafficking in persons generally
involves the recruitment, transportation, transfer, harboring, or receipt of individuals, with or
without their consent or knowledge, within or across national borders. This is carried out 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.
The essential elements of trafficking in persons include:
1. An Act: Recruitment, transportation, transfer, harboring, or receipt of persons.
2. Means Employed: Threat, use of force, coercion, abduction, fraud, deception, abuse
of power or position, exploiting vulnerability, or giving/receiving payments/benefits to
gain control over another.
3. Purpose: Exploitation, which at a minimum includes prostitution of others, other
forms of sexual exploitation, forced labor or services, slavery, servitude, or the
removal or sale of organs.
It is important to note that the victim's consent is immaterial; the crime can exist even with it.
For child victims, the "means" (such as threat or use of force) are not necessary to constitute
trafficking.
Jurisdiction: The State may exercise jurisdiction over trafficking in persons even if
committed outside the Philippines, especially if the crime commenced in the Philippines, the
suspect or accused is a Filipino citizen or permanent resident, or the act was committed
against a Filipino citizen.
Conspiracy: Conspiracy to commit trafficking in persons is generally not punishable.
Qualified Trafficking in Persons The crime of trafficking in persons becomes "qualified"
when certain circumstances are present, leading to a higher penalty. These qualifying
circumstances include:
1. Victim is a Child: When the trafficked person is a child. A "child" refers to a person
below 18 years old, or above 18 but unable to fully care for or protect themselves due
to a physical or mental disability or condition. For child victims, the means (threat,
force, etc.) are not necessary for the act to be considered trafficking.
○ Specific acts are considered trafficking for the exploitation of children,
including all forms of slavery, involuntary servitude, debt bondage, forced
labor (including recruitment for armed conflict), and the use, procuring, or
offering of a child for prostitution, pornography, drug production/trafficking, or
illegal activities.
2. Adoption for Exploitation: When the adoption is effected through 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.
3. Syndicated or Large Scale Commission:
○ Syndicate: The crime is committed by a syndicate, which is defined as a
group of three (3) or more persons conspiring or confederating with one
another.
○ Large Scale: The crime is committed in large scale if it is perpetrated against
three (3) or more persons, individually or as a group.
4. Offender's Relation or Official Position:
○ When the offender is an ascendant, parent, sibling, guardian, or a person who
exercises authority over the trafficked person.
○ When the offense is committed by a public officer or employee.
○ When the trafficked person is recruited to engage in prostitution with any
member of the military or law enforcement agencies.
○ When the offender is a member of the military or law enforcement agencies.
5. Consequences to the Victim: When, by reason or on occasion of the act of
trafficking in persons, the offended party:
○ Dies.
○ Becomes insane.
○ Suffers mutilation.
○ Is afflicted with Human Immunodeficiency Virus (HIV) or Acquired Immune
Deficiency Syndrome (AIDS).
○ The crime has resulted in pregnancy.
○ The trafficked person suffered a mental or emotional disorder as a result of
being a victim of trafficking.
○ The trafficked person belongs to an indigenous community or religious
minority.
○ The trafficked person is a person with disability (PWD).
6. Repeated Violations or Management:
○ When the offender commits one or more violations of Section 4 of RA 9208
over a period of sixty (60) or more days, whether continuous or not.
○ When the offender directs or through another manages the trafficking victim in
carrying out the exploitative purpose of trafficking.
7. Use of ICT or Computer System: When the act is committed by or through the use
of ICT (Information and Communications Technology) or any computer system.
Penalty for Qualified Trafficking Any person found guilty of qualified trafficking shall suffer
the penalty of life imprisonment and a fine of not less than P2,000,000.00 but not more than
P5,000,000.00.
Attempted Trafficking (for child victims) Specific acts are considered attempted trafficking
if the victim is a child:
● Facilitating the travel of a child alone to a foreign country without valid reason or
required clearance/permit from the DSWD or parents/legal guardian.
● Executing, for consideration, an affidavit or written consent for adoption.
● Recruiting a woman to bear a child for the purpose of selling the child.
● Simulating a birth for the purpose of selling the child.
● Soliciting a child and acquiring custody through any means from specific institutions
(hospitals, clinics, nurseries, day-care centers, refugee or evacuation centers,
low-income families) for the purpose of selling the child. The penalty for attempted
trafficking involving a child victim is imprisonment of fifteen (15) years and a fine of
not less than P500,000.00 but not more than P1,000,000.00.
Acts that Promote Trafficking in Persons These acts facilitate or promote trafficking and
are also unlawful:
● Knowingly leasing or subleasing, using, or allowing use of any premises or vehicle for
promoting trafficking.
● Producing, printing, or distributing fake documents like counseling certificates,
registration stickers, or employment certificates for trafficking purposes.
● Advertising, publishing, printing, broadcasting, or distributing propaganda material
that promotes trafficking.
● Assisting in misrepresentation or fraud to facilitate acquisition of clearances or exit
documents for departing persons for trafficking.
● Facilitating entry/exit of persons with unissued, tampered, or fraudulent travel
documents for trafficking.
● Confiscating, concealing, or destroying passports or personal documents of trafficked
persons to prevent their escape or seeking redress.
● Knowingly benefiting from, financially or otherwise, or making use of, the labor or
services of a person held in a condition of involuntary servitude, forced labor, or
slavery.
● Tampering with, destroying, or causing destruction of evidence, or
influencing/attempting to influence witnesses in an investigation or prosecution under
this Act.
● Destroying, concealing, removing, confiscating, or possessing any actual or
purported passport or other travel, immigration, or working permit document to
prevent or restrict the person's liberty to move or travel to maintain their labor or
services.
● Utilizing one's office to impede the investigation, prosecution, or execution of lawful
orders in a case under this Act. The penalty for promoting trafficking in persons is
imprisonment of fifteen (15) years and a fine of not less than P500,000.00 but not
more than P1,000,000.00.
Other Related Information:
● "Prostitution" is defined as any act, transaction, scheme, or design involving the use
of a person by another for sexual intercourse or lascivious conduct in exchange for
money, profit, or any other consideration. Actual sexual intercourse is not required;
the transaction or offering is sufficient.
● "Child Trafficking" specifically refers to engaging in trading and dealing with children,
including buying and selling a child for money or any other consideration or barter. An
aggravating circumstance for this is when the victim is under twelve (12) years of
age.
● Law enforcement officers, prosecutors, judges, court personnel, social workers, and
medical practitioners must protect the right to privacy of the trafficked person at all
stages of investigation, rescue, prosecution, and trial.
● An enterprise can be deemed to have committed penalized acts if it promotes such
acts as part of a tour, exhibits children in lewd shows, or provides child masseurs
whose services include lascivious conduct.
