The Anti-Trafficking in Persons Act of 1.

Prostitution – refers to any act, transaction,

scheme or design involving the use of a person by
2003 another, for sexual intercourse or lascivious
as amended by Republic Act 10364 (Expanded Anti- conduct in exchange for money, profit or any other
Trafficking in Persons Act of 2012) consideration.
Republic Act 9208
2. Forced Labor – refers to the extraction of work or
services from any person by means of enticement,
What is the Republic Act 9208 as amended by the violence, intimidation or threat, use of, force or
Republic Act 10364? coercion, including deprivation of freedom, abuse
of authority or moral ascendancy, debt-bondage
The Republic Act (R.A.) 9208, also known as the Anti- or deception including any work or service
Trafficking in Persons Act of 2003, institute policies to extracted from any person under the menace of
eliminate trafficking in persons especially women and penalty.
children.
3. Slavery – refers to the status or condition of a
It establishes the necessary institutional mechanisms to person over whom any or all of the powers
protect and support trafficked persons, and provides attaching to the right of ownership are exercised.
penalties for its violations.
4. Debt Bondage – refers to the pledging by the
debtor of his/her personal services or labor or
those of a person under his/her control as
SEC. 2. Declaration of Policy security or payment for a debt, when the length
It is hereby declared that the State values the dignity of and nature of services is not clearly defined or
every human person and guarantees the respect of when the value of the services as reasonably
individual rights. In pursuit of this policy, the State shall assessed is not applied toward the liquidation of
give highest priority to the enactment of measures and the debt.
development of programs that will promote human
dignity, protect the people from any threat of violence and 5. Involuntary Servitude - refers to a condition of
exploitation, eliminate trafficking in persons, and mitigate enforced and compulsory service induced by
pressures for involuntary migration and servitude of means of any scheme, plan or pattern, intended to
persons, not only to support trafficked persons but more cause a person to believe that if he or she did not
importantly, to ensure their recovery, rehabilitation and enter into or continue in such condition, he or she
reintegration into the mainstream of society. or another person would suffer serious harm or
other forms of abuse or physical restraint, or
threat of abuse or harm, or coercion including
What is Trafficking in Persons? depriving access to travel documents and
Trafficking in persons is an illegal act and is considered a withholding salaries, or the abuse or threatened
violation of human rights and inimical to human dignity abuse of the legal process.
and national development.
6. Sexual Exploitation refers to participation by a
ELEMENTS person in prostitution, pornography or the
production of pornography, in exchange for
1. ACT. It involves the recruitment, obtaining, hiring, money, profit or any other consideration or where
providing, offering, transportation, transfer, the participation is caused or facilitated by any
maintaining, harboring, or receipt of persons, with or means of intimidation or threat, use of force, or
without the victim’s consent or knowledge, within or other forms of coercion, abduction, fraud,
across national borders; deception, debt bondage, abuse of power or of
position or of legal process, taking advantage of
2. MEANS. It involves the recruitment, obtaining, hiring, the vulnerability of the person, or giving or
providing, offering, transportation, transfer, receiving of payments or benefits to achieve the
maintaining, harboring, or receipt of persons, with or consent of a person having control over another
without the victim’s consent or knowledge, within or person; or in sexual intercourse or lascivious
across national borders; conduct.

3. PURPOSE. It is done for the purpose of exploitation or

the prostitution of others or other forms of sexual
exploitation, forced labor or services, slavery,
involuntary servitude or the removal or sale of organs.

SEC. 3. Definition of Terms

How is Trafficking in Persons different from Illegal 7. To adopt or facilitate the adoption of persons for
Recruitment and Human Smuggling? the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary
servitude or debt bondage;

8. To recruit, hire, adopt, transport, transfer, obtain,

harbor, maintain, provide, offer, receive 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;

9. To recruit, transport, obtain, transfer, harbor,

maintain, offer, hire, provide, receive or adopt a
child to engage in armed activities in the
Philippines or abroad;

10. To recruit, transport, transfer, harbor, obtain,

maintain, offer, hire, provide or receive a person
by means mentioned in the preceding paragraph
for purposes of forced labor, slavery, debt
bondage and involuntary servitude, including a
scheme, plan, or pattern intended to cause the
person either:

11. To believe that if the person did not perform such

labor or services, he or she or another person
What are the three (3) categories of Trafficking in would suffer serious harm or physical restraint;
Persons? or

A. SEC. 4. Acts of Trafficking in Persons. 12. To abuse or threaten the use of law or the legal
1. To recruit, obtain, hire, provide, offer, transport, processes;
transfer, maintain, harbor, or receive a person by
any means, including those done under the 13. To recruit, transport, harbor, obtain, transfer,
pretext of domestic or overseas employment or maintain, hire, offer, provide, adopt or receive a
training or apprenticeship, for the purpose of child for purposes of exploitation or trading
prostitution, pornography, or sexual exploitation; them, including but not limited to, the act of
buying and/or selling a child for any
2. To introduce or match for money, profit, or consideration or for barter for purposes of
material, economic or other consideration, any exploitation.
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, 14. Trafficking for purposes of exploitation of
offering, selling or trading him/her to engage in children shall include:
prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or 15. All forms of slavery or practices similar to
debt bondage;. slavery, involuntary servitude, debt bondage and
forced labor, including recruitment of children
for use in armed conflict;
3. To offer or contract marriage, real or simulated,
for the purpose of acquiring, buying, offering, 16. The use, procuring or offering of a child for
selling, or trading them to engage in prostitution, prostitution, for the production of pornography,
pornography, sexual exploitation, forced labor or or for pornographic performances;
slavery, involuntary servitude or debt bondage;

4. To undertake or organize tours and travel plans 17. The use, procuring or offering of a child for the
consisting of tourism packages or activities for production and trafficking of drugs; and
the purpose of utilizing and offering persons for
prostitution, pornography or sexual exploitation; 18. The use, procuring or offering of a child for illegal
activities or work which, by its nature or the
5. To maintain or hire a person to engage in circumstances in which it is carried out, is likely
prostitution or pornography; to harm their health, safety or morals; and

6. To adopt persons by any form of consideration

for exploitative purposes or to facilitate the same 19. To organize or direct other persons to commit
for purposes of prostitution, pornography, sexual the offenses defined as acts of trafficking.
exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
B. The R.A. 10364 includes the following as Acts of
Trafficking in Persons: 1. To knowingly lease or sublease, use or allow to be
used any house, building or establishment for the
SEC. 4-A. Attempted Trafficking in Persons. purpose of promoting trafficking in persons;
Where there are acts to initiate the commission of a
trafficking offense but the offender failed to or did not 2. To produce, print and issue or distribute
execute all the elements of the crime, by accident or by 3. unissued, tampered or fake counseling
reason of some cause other than voluntary desistance, certificates, registration stickers, overseas
such overt acts shall be deemed as an attempt to commit employment certificates or other certificates of
an act of trafficking in persons. As such, an attempt to any government agency which issues these
commit any of the offenses enumerated in Section 4 of this certificates, decals and such other markers as
Act shall constitute attempted trafficking in persons. proof of compliance with government regulatory
and pre-departure requirements for the purpose
of promoting trafficking in persons;

C. The R.A. 10364 includes the following as Acts of 4. To advertise, publish, print, broadcast or
Trafficking in Persons: distribute, or cause the advertisement,
publication, printing, broadcasting or distribution
If the victim is a child, any of the following acts shall be by any means, including the use of information
deemed as attempted trafficking in persons: technology and the internet, of any brochure, flyer,
a. Facilitating the travel of a child who travels alone or any propaganda material that promotes
to a foreign country or territory without valid trafficking in persons;
reason and without the required clearance or
permit from the DSWD or a written permission 5. To assist in the conduct of misrepresentation or
from the child’s parent or legal guardian; fraud for purposes of facilitating the acquisition of
clearances and necessary exit documents from
b. Executing, for a consideration, an affidavit of government agencies that are mandated to
consent or a written consent for adoption provide pre-departure registration and services
for departing persons for the purpose of
c. Recruiting a woman to bear a child for the promoting trafficking in persons;
purpose of selling the child
6. To facilitate, assist or help in the exit and entry of
d. Simulating a birth for the purpose of selling a persons from/to the country at international and
child; and local airports, territorial boundaries and seaports
who are in possession of unissued, tampered or
e. Soliciting a child and acquiring the custody fraudulent travel documents for the purpose of
through any means from among hospitals, clinics, promoting trafficking in persons;
nurseries, daycare centers, refugee or evacuation
centers, and low-income families, for the purpose 7. To confiscate, conceal, or destroy the passport,
of selling the child. travel documents, or personal documents or
belongings of trafficked persons in furtherance of
trafficking or to prevent them from leaving the
SEC. 4-B. Accomplice Liability country or seeking redress from the government
Whoever knowingly aids, abets, cooperates in the or appropriate agencies
execution of the offense by previous or simultaneous acts
of trafficking. 8. To knowingly benefit from, financial or otherwise,
or make use of, the labor or services of a person
held to a condition of involuntary servitude,
SEC. 4-C. Accessories. forced labor, or slavery;
Whoever has the knowledge of the commission of the 9. To tamper with, destroy, or cause the destruction
crime, and without having participated therein, either as of evidence, or to influence or attempt to influence
principal or as accomplices, take part in its commission in witnesses, in an investigation or prosecution of a
any of the following manners: case;
1. Profiting themselves or assisting the offender to
profit by the effects of the crime; 10. To destroy, conceal, remove, confiscate or possess,
or attempt to destroy, conceal, remove, confiscate
2. Concealing or destroying the body of the crime or or possess, any actual or purported passport or
effects or instruments in order to prevent its other travel, immigration or working permit or
discovery; and document, or any other actual or purported
government identification, of any person in order
to prevent or restrict, or attempt to prevent or
restrict, without lawful authority, the person’s
3. Harboring, concealing or assisting in the escape of liberty to move or travel in order to maintain the
the principal of the crime, provided the accessory labor or services of that person; and
acts with abuse of his or her public functions or is
known to be habitually guilty of some other crime. 11. To utilize his or her office to impede the
investigation, prosecution or execution of lawful
orders in a case.

3. SEC. 6. Qualified Trafficking in Persons

SEC. 5. Acts that Promote Trafficking in Persons
 1. When the trafficked person is a child or below 18 A complaint for violation of the Act for the purpose of
years old; inquest or preliminary investigation may be filed with the
following:
2. When the adoption is effected through Republic
Act No. 8043, otherwise known as the Inter- 1. Department of Justice - National Prosecution
Country Adoption Act of 1995 and said adoption Service, or
is for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, 2. Provincial/City Prosecution Office;
involuntary servitude or debt bondage;
a) where the offense was committed;
3. When the crime is committed by a syndicate, or in
large scale; b) where any of the elements of the
offense occurred; or
4. When the offender is a spouse, an ascendant,
parent, sibling, guardian or a person who c) where the trafficked person resides
exercises authority over the trafficked person or at the time of the commission of
when the offense is committed by a public officer the crime.
or employee;
Cases involving trafficking in persons should not
5. When the trafficked person is recruited to engage be dismissed based on the affidavit of desistance
in prostitution with any member of the military or executed by the victims or their parents or legal
law enforcement agencies; guardians. Prosecutors are directed to oppose and
manifest objections to motions for dismissal.
6. When the offender is a member of the military or
law enforcement agencies;
What is the prescriptive period for filing of cases?
7. When by reason or on occasion of the act of
trafficking in persons, the offended party dies, Trafficking cases can be filed within 10 years after they are
becomes insane, suffers mutilation or is afflicted committed. If trafficking is committed by a syndicate or on
with Human Immunodeficiency Virus (HIV) or the a large scale or against a child, cases can be filed within 20
Acquired Immune Deficiency Syndrome (AIDS); years after the commission of the act.

8. When the offender commits one or more The prescriptive period is counted from the day the
violations over a period of sixty (60) or more days, trafficked person is delivered or released from the
whether those days are continuous or not; and conditions of bondage.

9. When the offender directs or through another

manages the trafficking victim in carrying out the
exploitative purpose of trafficking

When is trafficking considered a large scale or

committed by a syndicate?

Trafficking is deemed committed by a syndicate if carried

out by a group of three (3) or more persons conspiring or
confederating with one another. It is deemed committed in
large scale if committed against three (3) or more persons,
individually or as a group.

Who can file cases for Trafficking in Persons?

The following persons may file cases of trafficking in
persons:

Any person, including a law enforcement officer, who has

personal knowledge of the commission of the offense;
1. The trafficked person or the offended party;
2. Parents or legal guardians;
3. Spouse;
4. Siblings; or
5. Children

Where to file cases of Trafficking in Persons?

What are the penalties for violations of R.A. 9208 as
amended by R.A. 10364? The following services are available for trafficked persons
to ensure their recovery, rehabilitation and reintegration
into the mainstream of society:
a) Temporary housing and food facilities;
b) Psychological support and counseling;
c) Free legal services;
d) Medical or psychological services;
e) Livelihood and skills training
f) Educational assistance to a trafficked child; and
g) hour call center for crisis calls and technology
based counseling and referral system.
h)

What protection is given to trafficked persons?

1. SEC. 17. Legal Protection to Trafficked Persons.

Trafficked persons shall be recognized as victims of the

act or acts of trafficking and as such, shall not be penalized
for unlawful acts committed as a direct result of, or as an
incident or in relation to, being trafficked based on the acts
of trafficking enumerated in this Act or in obedience to the
order made by the trafficker in relation thereto. In this
regard, the consent of a trafficked person to the intended
exploitation set forth in this Act shall be irrelevant.
Victims of trafficking for purposes of prostitution as
defined under Section 4 of this Act are not covered by
Article 202 of the Revised Penal Code and as such, shall
not be prosecuted, fined, or otherwise penalized under the
said law.

2. SEC. 17-A. Temporary Custody of Trafficked

Victims.

The rescue of victims should be done as much as

possible with the assistance of the DSWD or an accredited
NGO that services trafficked victims. A law enforcement
officer, on a reasonable suspicion that a person is a victim
of any offense defined under this Act including attempted
trafficking, shall immediately place that person in the
temporary custody of the local social welfare and
development office, or any accredited or licensed shelter
institution devoted to protecting trafficked persons after
the rescue.

3. Right to Privacy and Confidentiality

Law enforcement officers, prosecutors, judges, court

personnel, social workers and medical practitioners, as
well as parties to the case, shall protect the right to privacy
of the trafficked person at any stage of the investigation,
rescue, prosecution and trial. The name and personal
circumstances of the trafficked person or any other
information tending to establish the identity of the
trafficked person and his or her family shall not be
disclosed to the public

What protection is given to trafficked persons?

What are the mandatory services available for
trafficked persons under R.A. 9208 as amended by R.A. 4. SEC. 17-B. Irrelevance of Past Sexual Behavior,
10364? Opinion Thereof or Reputation of Victims and
 of Consent of Victims in Cases of Deception, must not induce poor women to give their children up for
Coercion and Other Prohibited Means. adoption in exchange for consideration.

The past sexual behavior or the sexual predisposition of a

trafficked person shall be considered inadmissible in
(c) Department of Labor and Employment (DOLE) –
evidence for the purpose of proving consent of the victim
to engage in sexual behavior, or to prove the shall ensure the strict implementation and compliance
predisposition, sexual or otherwise, of a trafficked person. with the rules and guidelines relative to the employment
Furthermore, the consent of a victim of trafficking to the
of persons locally and overseas. It shall likewise monitor,
intended exploitation shall be irrelevant where any of the
document and report cases of trafficking in persons
means set forth in Section 3(a) of this Act has been used.
involving employers and labor recruiters.

Programs that Address Trafficking in Persons (d) Department of Justice (DOJ) –

SEC. 16. Programs that Address Trafficking in Persons.
shall ensure the prosecution of persons accused of
The government shall establish and implement preventive, trafficking and designate and train special prosecutors
protective and rehabilitative programs for trafficked who shall handle and prosecute cases of trafficking. It shall
persons. For this purpose, the following agencies are also establish a mechanism for free legal assistance for
hereby mandated to implement the following programs: trafficked persons, in coordination with the DSWD,
Integrated Bar of the Philippines (IBP) and other NGOs
and volunteer groups.
(a) Department of Foreign Affairs (DFA) –

shall make available its resources and facilities overseas

for trafficked persons regardless of their manner of entry (e) Philippine Commission on Women (PCW) –
to the receiving country, and explore means to further
shall actively participate and coordinate in the
enhance its assistance in eliminating trafficking activities
formulation and monitoring of policies addressing the
through closer networking with government agencies in
issue of trafficking in persons in coordination with
the country and overseas, particularly in the formulation
relevant government agencies. It shall likewise advocate
of policies and implementation of relevant programs.
for the inclusion of the issue of trafficking in persons in
The DFA shall take necessary measures for the efficient both its local and international advocacy for women’s
implementation of the Electronic Passporting System to issues.
protect the integrity of Philippine passports, visas and
other travel documents to reduce the incidence of
trafficking through the use of fraudulent identification (f) Bureau of Immigration (BI) –
documents.
shall strictly administer and enforce immigration and
alien administration laws. It shall adopt measures for the
apprehension of suspected traffickers both at the place of
(b) Department of Social Welfare and Development
arrival and departure and shall ensure compliance by the
(DSWD) –
Filipino fianceé s/fianceé es and spouses of foreign nationals
with the guidance and counseling requirement as provided
for in this Act.
shall implement rehabilitative and protective programs
for trafficked persons. It shall provide counseling and
temporary shelter to trafficked persons and develop a
(g) Philippine National Police (PNP) and National
system for accreditation among NGOs for purposes of
Bureau of Investigation (NBI) –
establishing centers and programs for intervention in
various levels of the community. It shall establish free shall be the primary law enforcement agencies to
temporary shelters, for the protection and housing of undertake surveillance, investigation and arrest of
trafficked persons to provide the following basic services individuals or persons suspected to be engaged in
to trafficked persons: trafficking. They shall closely coordinate with each other
and with other law enforcement agencies to secure
(1) Temporary housing and food facilities;
concerted efforts for effective investigation and
(2) Psychological support and counseling; apprehension of suspected traffickers. They shall also
establish a system to receive complaints and calls to assist
(3) 24-hour call center for crisis calls and technology- trafficked persons and conduct rescue operations.
based counseling and referral system;

(4) Coordination with local law enforcement entities; and

(5) Coordination with the Department of Justice, among

others.

The DSWD must conduct information campaigns in (h) Philippine Overseas Employment Administration
communities and schools teaching parents and families (POEA) and Overseas Workers and Welfare
that receiving consideration in exchange for adoption is Administration (OWWA) –
punishable under the law. Furthermore, information
POEA shall implement Pre-Employment Orientation
campaigns must be conducted with the police that they
Seminars (PEOS) while Pre-Departure Orientation
Seminars (PDOS) shall be conducted by the OWWA. It shall • Secretary, DOJ (Chairperson)
likewise formulate a system of providing free legal
assistance to trafficked persons, in coordination with the • Secretary, DSWD (Co-Chairperson)
DFA. • Members:

a) Secretary, DFA;
(i) Department of the Interior and Local Government b) Secretary, DOLE;
(DILG) –
c) Secretary, DILG;
shall institute a systematic information and prevention
campaign in coordination with pertinent agencies of d) Administrator, POEA;
government as provided for in this Act. It shall provide
e) Commissioner, BOI;
training programs to local government units, in
coordination with the Council, in ensuring wide f) Chief, PNP;
understanding and application of this Act at the local level.
g) Chairperson, PCW;

h) Chairperson, CFO;
(j) Commission on Filipinos Overseas –
i) Executive Director, PCTC; and
shall conduct pre-departure counseling services for
Filipinos in intermarriages. It shall develop a system for Three representatives from NGOs shall include one
accreditation of NGOs that may be mobilized for purposes representative each from the sectors of women, overseas
of conducting pre-departure counseling services for Filipinos, and children.
Filipinos in intermarriages. As such, it shall ensure that the
counselors contemplated under this Act shall have the
SEC. 26-A. Extra-Territorial Jurisdiction.
minimum qualifications and training of guidance
counselors as provided for by law. No prosecution may be commenced against a person
under this section if a foreign government, in accordance
It shall likewise assist in the conduct of information
with jurisdiction recognized by the Philippines, has
campaigns against trafficking in coordination with local
prosecuted or is prosecuting such person for the conduct
government units, the Philippine Information Agency, and constituting such offense, except upon the approval of the
NGOs. Secretary of Justice.

The government may surrender or extradite persons

(k) Local government units (LGUs) – accused of trafficking in the Philippines to the appropriate
international court if any, or to another State pursuant to
shall monitor and document cases of trafficking in persons the applicable extradition laws and treaties.
in their areas of jurisdiction, effect the cancellation of
licenses of establishments which violate the provisions of
this Act and ensure effective prosecution of such cases. END
They shall also undertake an information campaign
against trafficking in persons through the establishment of
the Migrants Advisory and Information Network (MAIN)
desks in municipalities or provinces in coordination with
the DILG, Philippine Information Agency (PIA),

Commission on Filipinos Overseas (CFO), NGOs and other

concerned agencies. They shall encourage and support
community-based initiatives which address the trafficking
in persons.

In implementing this Act, the agencies concerned may seek

and enlist the assistance of NGOs, people’s organizations
(POs), civic organizations and other volunteer groups.

Inter-Agency Council Against Trafficking (IACAT)

IACAT is the primary body that coordinates, monitor and

oversee the implementation of R.A. 10364. IACAT is
composed of the following agencies: