Republic Act 9208 or The Anti

Republic Act 9208 or the Anti-Trafficking in Persons Act of 2003, as amended by
RA 10364 also known as the Expanded Anti-Trafficking in Persons Act of 2012
What is Trafficking in Persons (TIP)?

Trafficking in persons is an illegal act and is considered a
violation of human rights. It has three (3) inter-related
and interdependent elements for a situation to be
considered trafficking in persons:
 ACTS – It involves the recruitment, obtaining,
hiring, providing, offering, transportation,
transfer, maintaining, harboring, or receipt of
persons with or without the victim’s consent or
knowledge, within or across national borders;
 MEANS – It is committed by use of threat, or use
of force, or other forms or 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; and
 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.
The recruitment, transportation, transfer, harboring, adoption or receipt of a child for the purpose
of exploitation or when the adoption is induced by any form of consideration for exploitative purposes
shall also be considered as “trafficking in persons” even if it does not involve any of the means
mentioned above.
What are the Acts Punishable under the Anti-TIP Law?
The following acts are punishable under RA 9208 as amended by RA 10364:
1. Acts of TIP – includes all acts committed by any natural or juridical person where all the three
elements of TIP (acts, means, purpose) are present. Some examples are:
 recruitment, hiring, offering, transferring, harboring or receiving any person for the purpose of
prostitution, pornography, sexual exploitation, under the pretext of domestic or overseas
employment or apprenticeship;
 undertaking or organizing tours and travel plans consisting of tourism packages or activities for
the purpose of utilizing and offering persons for prostitution, pornography or sexual
exploitation;
 maintaining or hiring a person to engage in prostitution or pornography;
 adopting persons by any form of consideration for exploitative purposes; and • recruitment,
hiring, adopting, transporting, obtaining, harboring, offering, receiving or abducting 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.
Any person found guilty of acts of TIP shall be penalized with imprisonment of 20 years and a fine of not
less than 1 million but not more than 2 million pesos.
2. Acts that promote TIP – includes all acts that encourages or facilitates TIP such as:
 knowingly using or allowing the use of any house or establishment for promoting TIP
 facilitating the use of tampered or fake documents to evade government regulatory and pre-
departure requirements;
 production, publication, broadcast and distribution, including use of ICT for propaganda
materials that promote TIP;
 assisting in the conduct of misrepresentation or fraud in securing
 clearances and necessary exit documents from government, and facilitating exit/entry of
persons possessing tampered or fraudulent travel documents for promoting TIP;
Any person found guilty of acts that promote TIP shall be penalized with imprisonment of 15 years
and a fine of not less than 500 thousand but not more than 1 million pesos.
3. Use of Trafficked Persons – any person who buys or engages the services of trafficked persons for
prostitution shall be penalized with imprisonment ranging from six (6) years to forty (40) years and fine
ranging from 50 thousand to 5 million pesos.
In addition to imprisonment and fine, an offender who is a foreigner shall be immediately deported and
permanently barred from entering the country after serving jail terms, while an offender who is a public
official shall be dismissed from service and suffer perpetual absolute disqualification to hold public
office.
4. Qualified TIP – the act will be considered as qualified TIP when:
 the trafficked person is a child;
 there is adoption under RA 8043 (Inter-Country Adoption Act) and said adoption is for the
purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
 the crime is committed by a syndicate or is large scale;
 the offender is a spouse, ascendant, parent, sibling, guardian or a person who exercises
authority over the trafficked person;
 the offense is committed by a public official or employee;
 the trafficked person is recruited to engage in prostitution with any member of the military or
law enforcement agencies;
Qualified trafficking shall be penalized by life imprisonment and a fine of not less than 2 million but not
more than 5 million pesos.
5. Attempted TIP – where there are acts to initiate the commission of a trafficking offense but the
offender failed to or did not execute all the elements of the crime, by accident or by reason of some
cause other than voluntary desistance, such overt acts shall be deemed as an attempt to commit an act
of TIP. In cases where the victim is a child, any of the following acts shall also be deemed as attempted
TIP:
 facilitating the travel of a child who travels alone to a foreign country or territory without valid
reason and without the required clearance or permit from the DSWD, or a written permit or
justification from the child’s parent or legal guardian;
 executing, for a consideration, an affidavit of consent or a 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; and
 soliciting a child and acquiring the custody thereof through any means, for the purpose of selling
the child.
Any person found guilty of committing attempted TIP shall be penalized with imprisonment of 15 years
and a fine of not less than 500 thousand but not more than 1 million pesos.
What protection is given to trafficked persons?
 Legal Protection
 Free Legal Assistance
 Right to Privacy and Confidentiality
 Witness Protection Program
 Victim Compensation Program
Who may file a complaint?

 The trafficked person or the offended party
 Spouse
 Parents or legal guardians
 Siblings
 Children
 Any person who has personal knowledge of the offense

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Republic Act 9208 or The Anti

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Republic Act 9208 or the Anti-Trafficking in Persons Act of 2003, as amended by

RA 10364 also known as the Expanded Anti-Trafficking in Persons Act of 2012

What is Trafficking in Persons (TIP)?

Who may file a complaint?

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