Republic of the Philippines
Congress of the Philippines
Metro ManilaTwelfth Congress
Second Regular SessionBegun held in Metro Manila on Monday, the twenty-second day of July, two thousand two
Republic Act No. 9208 May 26, 2003
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
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
Section 1. Title. This Act shall be known as the "Anti-Trafficking in Persons Act of 2003".
Section 2.Declaration of Policy. – It is hereby declared that the State values the dignity of every human person and guarantees the respect of individual rights. In pursuit of this policy, the State shall give highest priority to the enactment of measures and development of programs that will promote human dignity, protect the people from any threat of violence and exploitation, eliminate trafficking in persons, and mitigate pressures for...
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Republic Acts
ANTI-TRAFFICKING IN PERSONS ACT OF 2003
Republic Act No. 9208
Summary of Republic Act No. 9208 (Anti-Trafficking in Persons Act of 2003)
Title and Policy Declaration
- The Act is known as the "Anti-Trafficking in Persons Act of 2003".
- It declares the State's policy to eliminate trafficking in persons, protect trafficked persons, and mitigate pressures for involuntary migration and servitude. (Sections 1-2)
Definitions
- Trafficking in Persons: Recruitment, transportation, transfer, harboring, or receipt of persons through force, coercion, abduction, fraud, deception, abuse of power, or giving payments for the purpose of exploitation, including prostitution, sexual exploitation, forced labor, slavery, servitude, or removal of organs. Trafficking of a child is considered trafficking even without the means mentioned. (Section 3)
- Other definitions: Child, Prostitution, Forced Labor and Slavery, Sex Tourism, Sexual Exploitation, Debt Bondage, Pornography, Council. (Section 3)
Acts of Trafficking in Persons
- Unlawful acts include: recruiting, transporting, transferring, harboring, or receiving persons for prostitution, pornography, sexual exploitation, forced labor, slavery, servitude, debt bondage, or removal of organs; introducing or matching persons for marriage for the same purposes; offering or contracting marriage for the same purposes; organizing tours for prostitution or sexual exploitation; maintaining or hiring persons for prostitution or pornography; adopting persons for the same purposes; recruiting or transporting persons for removal of organs; recruiting or transporting children for armed activities. (Section 4)
Acts that Promote Trafficking
- Unlawful acts include: leasing or allowing premises for trafficking; producing or distributing fake documents for trafficking; advertising or distributing materials promoting trafficking; assisting in misrepresentation or fraud for trafficking; facilitating entry/exit of trafficked persons; confiscating documents of trafficked persons; benefiting from labor or services of trafficked persons. (Section 5)
Qualified Trafficking
- Trafficking is considered qualified and subject to higher penalties if: the trafficked person is a child; adoption is involved; committed by a syndicate or large scale; committed by ascendants, guardians, or persons in authority; the trafficked person is recruited for prostitution with military or law enforcement; the offender is a member of military or law enforcement; the trafficked person dies, becomes insane, suffers mutilation, or contracts HIV/AIDS. (Section 6)
Confidentiality and Prosecution
- The right to privacy of trafficked persons and accused must be recognized, and closed-door proceedings may be ordered. Publicity of trafficking cases is unlawful. (Section 7)
- Any person with knowledge, the trafficked person, or their relatives may file a complaint. (Section 8)
- Venue is where the offense was committed, any element occurred, or where the trafficked person resides. (Section 9)
Penalties and Sanctions
- Penalties range from 15 years to life imprisonment and fines from P500,000 to P5,000,000, depending on the offense and if qualified trafficking is involved. (Section 10)
- Persons who engage the services of trafficked persons for prostitution shall be penalized with community service or imprisonment and fines. (Section 11)
- Prescriptive period is 10 years, or 20 years for syndicated or large-scale trafficking. (Section 12)
- Trafficked persons are exempt from filing fees for civil actions. (Section 13)
- Proceeds and instruments derived from trafficking shall be confiscated and forfeited. (Section 14)
Trust Fund and Programs
- A Trust Fund shall be established from fines and forfeited properties to fund programs for prevention, protection, rehabilitation, and reintegration of trafficked persons. (Section 15)
- Various government agencies are mandated to implement preventive, protective, and rehabilitative programs. (Section 16)
Legal Protection and Services for Trafficked Persons
- Trafficked persons shall not be penalized for crimes related to trafficking and their consent is irrelevant. (Section 17)
- Trafficked persons are entitled to the Witness Protection Program. (Section 18)
- Foreign trafficked persons in the Philippines are entitled to protection, assistance, and services, and may be permitted continued presence for prosecution of offenders. (Section 19)
- Mandatory services for recovery, rehabilitation, and reintegration include emergency shelter, counseling, legal services, medical/psychological services, livelihood training, and educational assistance for children. (Section 23)
- Other services include legal assistance, overseas Filipino resource centers, and the country team approach for protection abroad. (Section 24)
- The DFA shall have primary responsibility for repatriation of trafficked persons. (Section 25)
Inter-Agency Council Against Trafficking
- An Inter-Agency Council Against Trafficking is established, chaired by the Secretaries of Justice and Social Welfare, with members from various government agencies and NGO representatives. (Section 20)
- The Council's functions include formulating programs, promulgating rules, monitoring implementation, coordinating agencies, conducting information campaigns, assisting in filing cases, securing assistance, developing mechanisms for response and cooperation, and exercising necessary powers. (Section 21)
- The DOJ shall establish the Secretariat for the Council. (Section 22)
Reporting, Funding, and Implementation
- The Council shall submit an annual report to the President and Congress. (Section 27)
- Funding shall be included in the annual General Appropriations Act. (Section 28)
- The Council shall promulgate implementing rules and regulations within 60 days. (Section 29)
- The Act shall not restrict freedom of speech, association, religion, and the right to travel for lawful purposes. (Section 30)
- Separability and repealing clauses are included. (Sections 31-32)
- The Act shall take effect 15 days after publication in at least two newspapers of general circulation. (Section 33)
Title and Policy Declaration
- The Act is known as the "Anti-Trafficking in Persons Act of 2003".
- It declares the State's policy to eliminate trafficking in persons, protect trafficked persons, and mitigate pressures for involuntary migration and servitude. (Sections 1-2)
Definitions
- Trafficking in Persons: Recruitment, transportation, transfer, harboring, or receipt of persons through force, coercion, abduction, fraud, deception, abuse of power, or giving payments for the purpose of exploitation, including prostitution, sexual exploitation, forced labor, slavery, servitude, or removal of organs. Trafficking of a child is considered trafficking even without the means mentioned. (Section 3)
- Other definitions: Child, Prostitution, Forced Labor and Slavery, Sex Tourism, Sexual Exploitation, Debt Bondage, Pornography, Council. (Section 3)
Acts of Trafficking in Persons
- Unlawful acts include: recruiting, transporting, transferring, harboring, or receiving persons for prostitution, pornography, sexual exploitation, forced labor, slavery, servitude, debt bondage, or removal of organs; introducing or matching persons for marriage for the same purposes; offering or contracting marriage for the same purposes; organizing tours for prostitution or sexual exploitation; maintaining or hiring persons for prostitution or pornography; adopting persons for the same purposes; recruiting or transporting persons for removal of organs; recruiting or transporting children for armed activities. (Section 4)
Acts that Promote Trafficking
- Unlawful acts include: leasing or allowing premises for trafficking; producing or distributing fake documents for trafficking; advertising or distributing materials promoting trafficking; assisting in misrepresentation or fraud for trafficking; facilitating entry/exit of trafficked persons; confiscating documents of trafficked persons; benefiting from labor or services of trafficked persons. (Section 5)
Qualified Trafficking
- Trafficking is considered qualified and subject to higher penalties if: the trafficked person is a child; adoption is involved; committed by a syndicate or large scale; committed by ascendants, guardians, or persons in authority; the trafficked person is recruited for prostitution with military or law enforcement; the offender is a member of military or law enforcement; the trafficked person dies, becomes insane, suffers mutilation, or contracts HIV/AIDS. (Section 6)
Confidentiality and Prosecution
- The right to privacy of trafficked persons and accused must be recognized, and closed-door proceedings may be ordered. Publicity of trafficking cases is unlawful. (Section 7)
- Any person with knowledge, the trafficked person, or their relatives may file a complaint. (Section 8)
- Venue is where the offense was committed, any element occurred, or where the trafficked person resides. (Section 9)
Penalties and Sanctions
- Penalties range from 15 years to life imprisonment and fines from P500,000 to P5,000,000, depending on the offense and if qualified trafficking is involved. (Section 10)
- Persons who engage the services of trafficked persons for prostitution shall be penalized with community service or imprisonment and fines. (Section 11)
- Prescriptive period is 10 years, or 20 years for syndicated or large-scale trafficking. (Section 12)
- Trafficked persons are exempt from filing fees for civil actions. (Section 13)
- Proceeds and instruments derived from trafficking shall be confiscated and forfeited. (Section 14)
Trust Fund and Programs
- A Trust Fund shall be established from fines and forfeited properties to fund programs for prevention, protection, rehabilitation, and reintegration of trafficked persons. (Section 15)
- Various government agencies are mandated to implement preventive, protective, and rehabilitative programs. (Section 16)
Legal Protection and Services for Trafficked Persons
- Trafficked persons shall not be penalized for crimes related to trafficking and their consent is irrelevant. (Section 17)
- Trafficked persons are entitled to the Witness Protection Program. (Section 18)
- Foreign trafficked persons in the Philippines are entitled to protection, assistance, and services, and may be permitted continued presence for prosecution of offenders. (Section 19)
- Mandatory services for recovery, rehabilitation, and reintegration include emergency shelter, counseling, legal services, medical/psychological services, livelihood training, and educational assistance for children. (Section 23)
- Other services include legal assistance, overseas Filipino resource centers, and the country team approach for protection abroad. (Section 24)
- The DFA shall have primary responsibility for repatriation of trafficked persons. (Section 25)
Inter-Agency Council Against Trafficking
- An Inter-Agency Council Against Trafficking is established, chaired by the Secretaries of Justice and Social Welfare, with members from various government agencies and NGO representatives. (Section 20)
- The Council's functions include formulating programs, promulgating rules, monitoring implementation, coordinating agencies, conducting information campaigns, assisting in filing cases, securing assistance, developing mechanisms for response and cooperation, and exercising necessary powers. (Section 21)
- The DOJ shall establish the Secretariat for the Council. (Section 22)
Reporting, Funding, and Implementation
- The Council shall submit an annual report to the President and Congress. (Section 27)
- Funding shall be included in the annual General Appropriations Act. (Section 28)
- The Council shall promulgate implementing rules and regulations within 60 days. (Section 29)
- The Act shall not restrict freedom of speech, association, religion, and the right to travel for lawful purposes. (Section 30)
- Separability and repealing clauses are included. (Sections 31-32)
- The Act shall take effect 15 days after publication in at least two newspapers of general circulation. (Section 33)