EXPANDED ANTI-TRAFFICKING IN PERSONS ACT OF 2012

Case Overview and Summary

Summary of the Expanded Anti-Trafficking in Persons Act of 2012

Definitions (Section 3)
- Defines key terms like trafficking in persons, child, prostitution, forced labor, slavery, involuntary servitude, sex tourism, sexual exploitation, debt bondage, and pornography.

Acts of Trafficking in Persons (Section 4)
- Lists unlawful acts constituting trafficking, including:
• Recruiting, obtaining, hiring, transporting persons for prostitution, pornography, or sexual exploitation. (Section 4a)
• Introducing or matching persons for marriage for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, or debt bondage. (Section 4b)
• Organizing tours for the purpose of utilizing persons for prostitution, pornography, or sexual exploitation. (Section 4d)
• Adopting or facilitating adoption of persons for exploitation. (Section 4f, 4g)
• Recruiting, transporting, harboring persons for removal or sale of organs. (Section 4h)
• Recruiting, transporting, harboring children for armed activities. (Section 4i)
• Recruiting, transporting, harboring persons for forced labor, slavery, debt bondage, or involuntary servitude. (Section 4j)
• Recruiting, transporting, harboring, receiving children for exploitation or trading. (Section 4k)
• Organizing or directing others to commit trafficking offenses. (Section 4l)

Attempted Trafficking and Accomplice Liability (Sections 4-A, 4-B, 4-C)
- Defines attempted trafficking and imposes penalties for attempted acts and for accomplices and accessories.

Acts that Promote Trafficking (Section 5)
- Lists unlawful acts that promote or facilitate trafficking, such as:
• Destroying or tampering with evidence or influencing witnesses. (Section 5h)
• Impeding investigation, prosecution, or execution of lawful orders. (Section 5j)

Qualified Trafficking (Section 6)
- Defines aggravating circumstances that constitute qualified trafficking, such as:
• When the offender is a spouse, relative, guardian, or person in authority over the victim. (Section 6d)
• When the offender is a public officer or employee. (Section 6f)
• When the offense results in death, insanity, mutilation, or HIV/AIDS of the victim. (Section 6g)
• When the offense is committed over a period of 60 or more days. (Section 6h)
• When the offender manages the victim for exploitation. (Section 6i)

Confidentiality (Section 7)
- Requires protection of the trafficked person's identity and privacy during investigations, prosecutions, and trials.
- Prohibits publicity of the victim's identity without consent.

Initiation and Prosecution of Cases (Section 8)
- Mandates law enforcement agencies to initiate investigations upon receiving statements from victims or their families. (Section 8a)
- Allows victims, parents, spouses, siblings, children, or legal guardians to file complaints. (Section 8b)
- Prohibits dismissal of cases based on affidavits of desistance from victims or their families. (Section 8c)

Penalties and Sanctions (Section 10)
- Imposes penalties of imprisonment and fines for various trafficking offenses, such as:
• 20 years imprisonment and P1,000,000 to P2,000,000 fine for acts under Section 4. (Section 10a)
• 15 years imprisonment and P500,000 to P1,000,000 fine for attempted trafficking and accomplice liability. (Sections 10b, 10c)
• Life imprisonment and P2,000,000 to P5,000,000 fine for qualified trafficking. (Section 10e)
- Revokes licenses of recruitment agencies involved in trafficking. (Section 10c)
- Imposes additional penalties for corporations, foreigners, and government officials involved in trafficking. (Sections 10g, 10i, 10j)

Use of Trafficked Persons (Section 11)
- Penalizes those who buy or engage the services of a trafficked person for prostitution, with penalties ranging from 6 to 40 years imprisonment and fines of P50,000 to P5,000,000, depending on the circumstances.

Prescriptive Period (Section 12)
- Sets the prescriptive period for trafficking cases at 10 years, or 20 years for cases involving syndicates, large-scale trafficking, or child victims.

Legal Protection to Trafficked Persons (Section 17)
- Recognizes trafficked persons as victims and exempts them from penalties for unlawful acts committed as a direct result of being trafficked.
- Exempts victims of trafficking for prostitution from prosecution under the Revised Penal Code.

Temporary Custody, Consent Irrelevance, and Immunity (Sections 17-A, 17-B, 17-C)
- Allows law enforcement officers to place suspected victims in temporary custody of social welfare offices or shelters. (Section 17-A)
- Deems the victim's past sexual behavior, consent, and reputation inadmissible as evidence. (Section 17-B)
- Provides immunity from suit for lawful acts done during rescue operations, investigations, or prosecutions. (Section 17-C)

Programs that Address Trafficking (Section 16)
- Mandates various government agencies to implement preventive, protective, and rehabilitative programs for trafficked persons, such as:
• DFA: Assistance to trafficked Filipinos overseas, repatriation, legal assistance, and temporary shelters. (Section 16a)
• DSWD: Temporary shelters, counseling, hotlines, and coordination with law enforcement. (Section 16b)
• DOLE: Strict implementation of employment rules and monitoring of trafficking cases. (Section 16c)
• DOJ: Prosecution of traffickers and free legal assistance to victims. (Section 16d)
• PCW: Advocacy and policy formulation on trafficking issues. (Section 16e)
• BI: Strict enforcement of immigration laws and apprehension of suspected traffickers. (Section 16f)
• PNP and NBI: Primary law enforcement agencies for surveillance, investigation, and arrest of traffickers. (Section 16g)
• POEA and OWWA: Pre-employment and pre-departure orientation seminars, blacklisting of recruitment agencies involved in trafficking. (Section 16h)
• DILG: Information and prevention campaigns, training for local government units. (Section 16i)
• CFO: Pre-departure counseling for Filipinos in intermarriages, accreditation of NGOs for counseling. (Section 16j)
• LGUs: Monitoring and documenting cases, canceling licenses of establishments involved in trafficking, information campaigns, and supporting community initiatives. (Section 16k)

Anti-Trafficking in Persons Database (Section 16-A)
- Establishes a central database on trafficking cases and victims, managed by the Inter-Agency Council Against Trafficking.
- Requires government agencies to develop monitoring and data collection systems and submit data to the Council.

Inter-Agency Council Against Trafficking (Section 20)
- Establishes an Inter-Agency Council Against Trafficking, chaired by the Secretaries of the DOJ and DSWD, with representatives from various government agencies and NGOs.
- Mandates the DOJ to establish a Secretariat to support the Council's functions and projects.

Extra-Territorial Jurisdiction (Section 26-A)
- Allows the Philippines to exercise jurisdiction over trafficking offenses committed outside the country if the suspect or accused is a Filipino citizen, permanent resident, or if the offense was committed against a Filipino citizen.

Funding (Sections 28, 28-A)
- Charges the implementation costs to the current appropriations of the concerned agencies. (Section 28)
- Earmarks penalties, fines, and assets derived from trafficking violations as additional funds for the Council. (Section 28-A)

Repealing Clause (Section 32)
- Repeals or amends laws inconsistent with the Act, except for the Special Protection of Children Against Abuse, Exploitation and Discrimination Act.

Effectivity (Section 33)
- The Act takes effect 15 days after its publication in at least two newspapers of general circulation.