June 23, 2022
REPUBLIC ACT NO. 11862
AN ACT STRENGTHENING THE POLICIES ON ANTI-TRAFFICKING IN PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND APPROPRIATING FUNDS THEREFOR, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9208, AS AMENDED, OTHERWISE KNOWN AS THE "ANTI-TRAFFICKING IN PERSONS ACT OF 2003," AND OTHER SPECIAL LAWS
SECTION 1.Section 1 of Republic Act No. 9208, as amended, is hereby amended to read as follows:
"SECTION 1.Short Title. — This Act shall be known as the 'Expanded Anti-Trafficking in Persons Act of 2022.'"
SECTION 2.Section 2 of Republic Act No. 9208, as amended, is hereby further amended to read as follows:
"SEC. 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...
Summary of Republic Act No. 11862 (Expanded Anti-Trafficking in Persons Act of 2022):
Title and Policy Declaration:
- The Act shall be known as the "Expanded Anti-Trafficking in Persons Act of 2022". (Section 1)
- It declares the State's policy to prioritize measures that promote human dignity, protect people from violence and exploitation, eliminate trafficking, and mitigate pressures for involuntary migration and servitude. It recognizes human rights instruments and international conventions against trafficking. (Section 2)
Definition of Terms:
- Defines key terms such as "trafficking in persons", "sexual exploitation", "pornography", "child laundering", "child sexual abuse and exploitation material" (CSAEM/CSAM), "communications", "computer system", "data", "interception", "internet intermediaries", "subscriber's or registrant's information", "tourism enterprises", and "online sexual abuse and exploitation of children" (OSAEC). (Section 3)
Acts of Trafficking in Persons:
- Outlines unlawful acts constituting trafficking, including recruitment, transportation, harboring, or receipt of persons for exploitation purposes such as prostitution, pornography, sexual abuse, forced labor, slavery, servitude, debt bondage, removal or sale of organs, and involvement of children in armed activities or illegal adoptions. (Section 4)
- Specifies acts that promote trafficking, such as leasing premises for trafficking, producing fraudulent documents, facilitating illegal entry/exit, and internet intermediaries allowing their infrastructure for trafficking. (Section 5)
Qualified Trafficking in Persons:
- Defines aggravating circumstances that constitute qualified trafficking, such as involving children, committing the offense over an extended period, during crises or emergencies, involving indigenous or disabled persons, resulting in pregnancy or mental disorder, or using ICT/computer systems. (Section 6)
Investigation and Prosecution:
- Mandates law enforcement agencies to initiate investigations, intercept communications with court order (except for undercover operations involving children), preserve evidence, and coordinate with relevant agencies. (Section 8)
- Outlines procedures for interception, custody of intercepted communications, joint affidavits, disposition of deposited materials, and evidentiary value.
- Provides guidelines for prosecution, venue, affidavit of desistance, immediate protection of victims, and confidentiality.
Duties and Responsibilities of Private Sector:
- Imposes duties on internet intermediaries, owners/operators of establishments, tourism enterprises, financial intermediaries, and hotels/residences to report, block, preserve data, and cooperate with authorities in trafficking cases. (Section 9)
Penalties and Sanctions:
- Establishes penalties for trafficking offenses, including fines, imprisonment, revocation of licenses, deportation for foreign offenders, and dismissal/disqualification for government officials involved. (Section 10)
Programs and Responsibilities of Government Agencies:
- Outlines the roles and responsibilities of various government agencies in preventing trafficking, protecting and rehabilitating victims, conducting information campaigns, providing legal assistance, and coordinating efforts. (Sections 15-17)
Trust Fund and Appropriations:
- Establishes a Trust Fund administered by the Inter-Agency Council Against Trafficking (IACAT) to fund programs for prevention, protection, and rehabilitation of trafficked persons, using fines, proceeds, and confiscated properties. (Section 15)
- Provides for appropriations in the annual General Appropriations Act for implementing the law. (Section 28)
Inter-Agency Council Against Trafficking (IACAT):
- Establishes the IACAT, chaired by the Secretary of Justice and co-chaired by the Secretary of Social Welfare and Development, with members from various government agencies and NGO representatives. (Section 20)
- Outlines the functions of the IACAT, including formulating programs, monitoring and data collection, developing referral systems, conducting studies, and imposing administrative sanctions. (Section 21)
- Mandates the Department of Justice to establish a Secretariat for the IACAT. (Section 22)
Other Provisions:
- Provides for services for trafficked persons, including temporary residency for foreign nationals and a healing, recovery, and reintegration program. (Sections 19, 24)
- Establishes extra-territorial jurisdiction over trafficking offenses committed outside the Philippines under certain conditions. (Section 26-A)
- Requires the IACAT to promulgate implementing rules and regulations in consultation with relevant agencies and stakeholders within 90 days. (Section 29)
- Contains separability, repealing, and effectivity clauses. (Sections 20, 21, 22)
Title and Policy Declaration:
- The Act shall be known as the "Expanded Anti-Trafficking in Persons Act of 2022". (Section 1)
- It declares the State's policy to prioritize measures that promote human dignity, protect people from violence and exploitation, eliminate trafficking, and mitigate pressures for involuntary migration and servitude. It recognizes human rights instruments and international conventions against trafficking. (Section 2)
Definition of Terms:
- Defines key terms such as "trafficking in persons", "sexual exploitation", "pornography", "child laundering", "child sexual abuse and exploitation material" (CSAEM/CSAM), "communications", "computer system", "data", "interception", "internet intermediaries", "subscriber's or registrant's information", "tourism enterprises", and "online sexual abuse and exploitation of children" (OSAEC). (Section 3)
Acts of Trafficking in Persons:
- Outlines unlawful acts constituting trafficking, including recruitment, transportation, harboring, or receipt of persons for exploitation purposes such as prostitution, pornography, sexual abuse, forced labor, slavery, servitude, debt bondage, removal or sale of organs, and involvement of children in armed activities or illegal adoptions. (Section 4)
- Specifies acts that promote trafficking, such as leasing premises for trafficking, producing fraudulent documents, facilitating illegal entry/exit, and internet intermediaries allowing their infrastructure for trafficking. (Section 5)
Qualified Trafficking in Persons:
- Defines aggravating circumstances that constitute qualified trafficking, such as involving children, committing the offense over an extended period, during crises or emergencies, involving indigenous or disabled persons, resulting in pregnancy or mental disorder, or using ICT/computer systems. (Section 6)
Investigation and Prosecution:
- Mandates law enforcement agencies to initiate investigations, intercept communications with court order (except for undercover operations involving children), preserve evidence, and coordinate with relevant agencies. (Section 8)
- Outlines procedures for interception, custody of intercepted communications, joint affidavits, disposition of deposited materials, and evidentiary value.
- Provides guidelines for prosecution, venue, affidavit of desistance, immediate protection of victims, and confidentiality.
Duties and Responsibilities of Private Sector:
- Imposes duties on internet intermediaries, owners/operators of establishments, tourism enterprises, financial intermediaries, and hotels/residences to report, block, preserve data, and cooperate with authorities in trafficking cases. (Section 9)
Penalties and Sanctions:
- Establishes penalties for trafficking offenses, including fines, imprisonment, revocation of licenses, deportation for foreign offenders, and dismissal/disqualification for government officials involved. (Section 10)
Programs and Responsibilities of Government Agencies:
- Outlines the roles and responsibilities of various government agencies in preventing trafficking, protecting and rehabilitating victims, conducting information campaigns, providing legal assistance, and coordinating efforts. (Sections 15-17)
Trust Fund and Appropriations:
- Establishes a Trust Fund administered by the Inter-Agency Council Against Trafficking (IACAT) to fund programs for prevention, protection, and rehabilitation of trafficked persons, using fines, proceeds, and confiscated properties. (Section 15)
- Provides for appropriations in the annual General Appropriations Act for implementing the law. (Section 28)
Inter-Agency Council Against Trafficking (IACAT):
- Establishes the IACAT, chaired by the Secretary of Justice and co-chaired by the Secretary of Social Welfare and Development, with members from various government agencies and NGO representatives. (Section 20)
- Outlines the functions of the IACAT, including formulating programs, monitoring and data collection, developing referral systems, conducting studies, and imposing administrative sanctions. (Section 21)
- Mandates the Department of Justice to establish a Secretariat for the IACAT. (Section 22)
Other Provisions:
- Provides for services for trafficked persons, including temporary residency for foreign nationals and a healing, recovery, and reintegration program. (Sections 19, 24)
- Establishes extra-territorial jurisdiction over trafficking offenses committed outside the Philippines under certain conditions. (Section 26-A)
- Requires the IACAT to promulgate implementing rules and regulations in consultation with relevant agencies and stakeholders within 90 days. (Section 29)
- Contains separability, repealing, and effectivity clauses. (Sections 20, 21, 22)