*TIP Flashcards by Lauren Ise

“THE ANTI-TRAFFICKING IN PERSONS ACT OF 2003”

RA 9208

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“Expanded Anti-Trafficking in Persons Act”

RA 10364

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“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 PURPOSES”

REPUBLIC ACT 10364

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REPUBLIC ACT 10364
EFFECTIVITY OF THE EXPANDED LAW

RA 10364 TAKE EFFECT FIFTEEN (15) DAYS FOLLOWING ITS COMPLETE PUBLICATION IN AT LEAST TWO (2) NEWSPAPERS OF GENERAL CIRCULATION
IT WAS PUBLISHED ON _______ IN THE MANILA BULLETIN AND THE PHILIPPINE STAR

13 FEBRUARY 2013

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– REFERS TO 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, BY MEANS OF THREAT OR USE OF FORCE, OR OTHER FORMS OF 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 FOR THE PURPOSE OF EXPLOITATION WHICH INCLUDES AT A MINIMUM, THE EXPLOITATION OR THE PROSTITUTION OF OTHERS OR OTHER FORMS OF SEXUAL EXPLOITATION, FORCED LABOR OR SERVICES, SLAVERY, SERVITUDE OR THE REMOVAL OR SALE OF ORGANS.”

TRAFFICKING IN PERSONS

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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 ______ SHALL ALSO BE CONSIDERED AS ‘TRAFFICKING IN PERSONS’ EVEN IF IT DOES NOT INVOLVE ANY OF THE MEANS SET FORTH IN THE PRECEDING PARAGRAPH.”

“TRAFFICKING IN PERSONS…

EXPLOITATIVE PURPOSES

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THERE ARE THREE INTERRELATED AND INTER-DEPENDENT ELEMENTS THAT MUST BE PRESENT TO ESTABLISH A TIP CASE:

ACT/S
MEANS
EXPLOITATIVE PURPOSE

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Recruitment
Obtaining
Hiring
Providing
Offering
Transportation
Transfer
Maintaining
Harboring
Receipt of persons

Acts

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Threat
Use of force
Coercion
Abduction
Fraud
Deception
Abuse of power
Abuse of position
Taking advantage of the vulnerability of the person
Giving or receiving payment or benefits

Means

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Prostitution of others
•Other forms of sexual exploitation
•Forced labor or services
•Slavery or practices similar to slavery
•Involuntary Servitude
•Removal of organs
•Children in armed conflict

Exploitative Purpose

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If the victims are ____, each of these elements must be present and linked to each other: the act/s must be achieved by one of the means and both must be linked to achieving the exploitative purpose.

adults

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If any one of the three components is absent, it can still be a criminal violation that may be prosecuted under the _____

Revised Penal Code and other special penal laws.

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The element of _____ however need not be consummated. What is important is that the person was trafficked to be exploited.

exploitative purpose

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Victim’s consent or knowledge is ______.

irrelevant

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If the victim is a child, the _____ are irrelevant.

means

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ELEMENTS
ACTS: recruits, obtains, hires, transports, harbors, provides, transfers, offers, maintains, or receives a person

MEANS: any including offer of domestic or overseas employment, training or apprenticeship
PURPOSES: prostitution, pornography, or sexual exploitation

RELEVANT EVIDENTIARY ITEM
-Certification about Authority/License to recruit from the POEA for overseas employment or from the DOLE for domestic employment

Advertisements, flyers, websites, social media accounts re employment opportunities, exchange of text messages or other means of communication
Employment contract, work permits
Passports, tickets, travel itinerary and other travel documents
Computer, accessories, disks and files
Computer forensic examination report and expert testimony of examiner

Sec 4 (a) – TIP in the pretext of domestic/overseas employment

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ELEMENTS
ACTS: introduces or matches any person to foreign national under the pretext of marriage

MEANS: introduction or matching is for money, profit or material, economic or other consideration
PURPOSES: to acquire, buy, offer, sell or trade the woman to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage

RELEVANT EVIDENTIARY ITEMS
Advertisements, flyers, brochures, social media accounts, websites re the match making service or business

Letters, e-mails and other forms of correspondence, including pictures
Passports, tickets, travel itinerary and other travel documents
Applications for Marriage License from Civil Registrar, Marriage contract from NSO, Authority to Marry from the Embassy or Consulate of the foreign national

Sec 4 (b) – TIP in the pretext of mail-order bride scheme

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ELEMENTS

ACTS/MEANS: proposes marriage or got married to the person, whether real or simulated
PURPOSES: to acquire, buy, offer, sell or trade the fiancée or spouse to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage

RELEVANT EVIDENTIARY ITEMS
Letters, e-mails and other forms of correspondence, including pictures

-Applications for Marriage License from Civil Registrar, Marriage contract from NSO, Authority to Marry from the Embassy or Consulate of the foreign national

Sec 4 (c) – TIP in the pretext of marriage

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ELEMENTS
ACTS/MEANS: undertakes or organizes tours and travel plans consisting of tourism packages or activities

2.PURPOSES: for utilizing or offering a person for prostitution, pornography, or sexual exploitation

RELEVANT EVIDENTIARY ITEMS
Certification from DOT or PTA regarding the background and status of the Travel and Tours agency

-Advertisements, flyers, website re tourism packages

Sec 4 (d) – TIP involving sex tourism

ELEMENTS
ACTS/MEANS: maintains or hires a person

2.PURPOSES: for prostitution, pornography

RELEVANT EVIDENTIARY ITEMS
Birth certificates and other documents to establish identity age of the victim

Records from the City/Municipal Health Office re work permits, hygiene records, etc.
Certification regarding status of business permit/license to operate from the City/Municipal Mayor’s Office
Book of Accounts, business records, list of debts/loans incurred by the victims, etc. of the maintainer or employer
Computer, accessories, disks and files
Computer forensic examination report and expert testimony of examiner
Print-outs of pornographic websites and/or images

Sec 4 (e) – TIP for prostitution or pornography

ELEMENTS

ACTS: adopts or facilitates the adoption of a person
MEANS: by any form of consideration
PURPOSES: for prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage

RELEVANT EVIDENTIARY ITEMS
Certification of Accreditation of the child-caring agency

Court records re adoption proceedings including the Petition for Adoption up to the final Decree of Adoption
Case Study and Home Visit Reports of Social Workers

Sec 4 (f) – TIP through adoption by any form of consideration

Elements
ACTS: recruits, hires, adopts, transports, transfers, obtains, harbors, maintains, provides, offers, or receives or abducts a person

MEANS: threats or force, fraud, deceit, violence, coercion, or intimidation
PURPOSES: removal and/or selling of organs or body parts of a person

RELEVANT EVIDENTIARY ITEMS
Expert testimony a physician or medico-legal officer

Sec 4 (h) – TIP for removal or sale of organs

ELEMENTS

ACTS: recruits, transports, transfers, obtains, harbors, maintains, offers, hires, receives or adopts a child
MEANS:
PURPOSES: child is intended to be engaged in armed activities in Philippines or abroad

RELEVANT EVIDENTIARY ITEMS
Birth certificates, baptismal certificates, school and/or employment records, driver’s license or any identification to establish identity and age of the victim

Sec 4 (i) – TIP for purpose of engaging a child in armed activities

ELEMENTS
ACTS: recruits, transports, transfers, obtains, harbors, maintains, offers, hires, receives a person

MEANS: any of the means in section 1-2 which also includes a scheme, plan or pattern intended to cause a person:
a. To believe that he/she did not perform such labor, he/she or another person shall suffer serious harm or physical restraint
b. Abuse or threaten the use of law or legal processes
PURPOSES: for forced labor, slavery, debt bondage and involuntary servitude

RELEVANT EVIDENTIARY ITEMS:
-Employment contract, work permits

Passports, tickets, itinerary or other travel documents
Payroll, daily time cards/records, other employment records

Sec 4 (j) – TIP for purpose of labor exploitation

ELEMENTS 1.ACTS: recruits, transports, transfers, obtains, harbors, maintains, offers, hires, adopts or receives a child 2.PURPOSE: for exploitation or trading of child, including but not limited to, act of baring and/or selling a child for any consideration or for barter for purposes of exploitation, including: a. All forms of slavery or practices similar to slavery, involuntary servitude, debt bondage and forced labor, including recruitment of children for use in armed conflict Birth certificates, baptismal certificates, school and/or employment records, driver’s license or any identification to establish identity and age of the victim b. The use, procuring or offering of a child for prostitution, for the production of pornography, or for pornographic performances c. The use, procuring or offering of a child for the production and trafficking of drugs 3. PURPOSE: To harm their health, safety or moral RELEVANT EVIDENTIARY ITEMS -Computer, accessories, disks and files - Computer forensic examination report and expert testimony of examiner - Print-outs of pornographic websites and/or images

Sec. 4 (k) – TIP for purpose of exploitation of children

ELEMENTS ACTS: organizes, or directs other person 2.PURPOSE: for the commission of acts of trafficking RELEVANT EVIDENTIARY ITEMS - Testimony or statement of person induced and other witnesses

Sec 4 (l) – Offender is principal by inducement

ELEMENTS Offender is the owner, lessor or sub-lessor of any house, building or establishment 2.Offender knows that the property is being used for the purpose of TIP RELEVANT EVIDENTIARY ITEMS Pictures, videos, sketches of establishment - Proof of ownership such as OCT, TCT, Deed of Sale, Tax Declarations, Contract of Lease, License to Operate, Business Permits, etc. - Receipt of payment - Deposit slips - checks

Sec 5 (a) – Knowingly lasing or subleasing an establishment

ELEMENTS 1. Offender produces, prints and issues or distributes unissued, tampered or fake counseling certificates, registration stickers, overseas employment certificates, decals, markers, other certificates of government agencies 2. Falsified or tampered documents are necessary as proof of compliance with government regulatory ad pre-departure requirements. 3. Production, printing and issuance or distribution is for the purpose of promoting TIP RELEVANT EVIDENTIARY ITEMS Certification that documents are not genuine -Tampered or fake documents of any government agencies such as those issued by the POEA, DFA, DSWD, etc.

Sec 5 (b) – Falsifying or tampering of government issued predeparture documents

ELEMENTS 1.Offender advertises, publishes, prints, broadcasts, or distributes or causes the advertisement, etc by any means, including the use of information technology and the internet of any brochures, flyer, or any propaganda materials which promotes TIP RELEVANT EVIDENTIARY ITEMS - Computer forensic examination report and expert testimony of examiner - Brochures, flyers, propaganda materials - Websites, blogs, social media accounts

Sec 5 (c) – Advertising to promote TIP

ELEMENTS Offender, any public officials or private individual, assists in the conduct of misrepresentation or fraud 2. This facilitates the acquisition of clearances and necessary exit documents from government agencies mandated to provide pre-departure registration and services for departing persons 3. For purposes of promoting TIP RELEVANT EVIDENTIARY ITEMS Certifications from concerned agencies, i.e. Bangko Snetral ng Pilipinas (BSP), DFA, PNP/NBI/Crime Laboratory -Copy of clearances and other necessary exit documents from the government agencies for pre-departure registration and services for departing persons

Sec 5 (d) – Assisting in the conduct of fraud to acquire clearances, etc

ELEMENTS 1. Offender is a public official or private person who facilitates, assists or helps in the exit and entry of persons from/to the country at international an local airports, territorial boundaries and seaports 2. Person/s assisted is/are in possession of unissued, tampered or fraudulent travel documents RELEVANT EVIDENTIARY ITEMS Certifications from concerned agencies, i.e. Bangko Snetral ng Pilipinas (BSP), DFA, PNP/NBI/Crime Laboratory - Copy of clearances and other necessary exit documents from the government agencies for pre-departure registration and services for departing persons - Passports, tickets, travel itinerary and other travel documents - Plane tickets 3. For purpose of promoting TIP

Sec 5 (e) – Facilitating exit or entry of trafficked persons

ELEMENTS Offender confiscates, conceals, or destroys the passport, travel documents or personal documents or belongings of trafficked persons 2.In furtherance of trafficking, or to prevent the from leaving the country or seeking redress from the government and appropriate agencies RELEVANT EVIDENTIARY ITEMS Passports, tickets, travel itinerary and other travel documents -Personal belongings of the trafficked persons

ec 5 (f) – Confiscating, concealing or destroying travel documents and personal belongings of trafficked person

ELEMENTS 1. Offender benefits financially or otherwise, from the use, labor or services of a person 2. Person is held under the condition of forced labor, servitude, slavery 3. Offender knows that the person are held under such conditions of forced labor, servitude, slavery RELEVANT EVIDENTIARY ITEMS Advertisements, flyers, brochures - Employment contracts and record - POEA Certifications

Sec 5 (g) – Knowingly benefiting from TIP

ELEMENTS RELEVANT EVIDENTIARY ITEMS: 1.Offender destroys, conceals, removes, confiscates or possesses, or attempts to destroy, conceal, remove, confiscate or possess, any actual or purported passport or other travel, immigration or working permit or document, or any actual or purported government identification, or any person in order to prevent or restrict, or attempt to prevent or restrict, without lawful authority, the person’s liberty to move or travel, in order to maintain the labor or services of that person. RELEVANT EVIDENTIARY ITEMS -Passports, identification cards, tickets, other travel documents

Sec 5 (i) – Destroying, concealing, removing, confiscating or possessing any actual or purported travel or working document in order to unlawfully restrict a person’s liberty

ELEMENTS Offender utilizes his/her office to impede the investigation, prosecution, or execution of lawful orders. 2.Lawful orders pertain to a case under RA 9208 as amended. RELEVANT EVIDENTIARY ITEMS -Order or Resolution from the Court or Prosecutor’s Office

Sec 5 (j) – Utilizing one’s office to impede the investigation, prosecution, or execution of lawful orders in a TIP case

ELEMENTS Offender (i.e. buyer, customer, etc.) buys or engages the service of a person for prostitution. 2.Person used in prostitution is a trafficked person. RELEVANT EVIDENTIARY ITEMS Testimony of the trafficked person -Any evidence that shows the trafficked person was bar fined

Sec. 11 – Use of Trafficked Persons

A CRIMINAL ACTION SHALL BE FILED AT THE PLACE WHERE:

1. The offense was committed; 2. Any of the elements of the offense occurred; 3. The trafficked person actually resides.

The state may exercise jurisdiction over any TIP offense, even if committed outside the Philippines, and whether or not such act/s constitute an offense at the place of commission, the crime being a continuing offense, provided the following requirements are present: 1. The offense must have commenced in the Philippines and the other elements having been committed in another country; and 2. Suspect/accused is a Filipino citizen, or permanent resident of the Philippines, or has committed the act against a citizen of the Philippines.

EXTRATERRITORIALITY PRINCIPLE

No action or suit shall be brought, instituted or maintained in any court or tribunal or before any other authority, against any: 1. Law enforcer; 2. Social worker; or 3. Person acting in compliance with a lawful order from any of the above. For lawful acts done or statements made during an authorized rescue operation, recovery or rehabilitation, or an investigation or prosecution of an ATIP case, provided the same is made in GOOD FAITH. Note that the operation shall be done in accordance with existing laws and policies for police officers to be immune from suit. The prosecution of retaliatory suits against victims of trafficking shall be held in abeyance pending final resolution of the criminal complaint for trafficking. DFA, DOLE and POEA officials, law enforcement officers, prosecutors and judges shall not urge complainants to abandon their criminal, civil and administrative complaints for trafficking.

IMMUNITY FROM SUIT, PROHIBITED ACTS | AND INJUNCTIVE REMEDIES

COORDINATION WITH OTHER CONCERNED AGENCIES Investigators must coordinate with the ____ or _____, and other concerned agencies prior to the conduct of anti-TIP operations. In the absence of DSWD or local facility, TIP victims may be turned over to secure and suitable facilities of accredited ____ or _____ Investigators must also coordinate with the _____ if the TIP case is intertwined with illegal recruitment for local or overseas employment, or if minors are employed under unlawful conditions. There must be further cooperation and coordination with _____if the victims are illegally recruited for overseas employment, in order to facilitate the blacklisting of the recruitment agencies, among others. Coordinate with the _____ if there are assets or properties of suspects that are believed to be proceeds of illegal activities.

Department of Social Welfare and Development (DSWD) Local Social Welfare and Development Office (LSWDO) NGOs church and faith-based groups. Department of Labor and Employment (DOLE) Philippine Overseas Employment Administration (POEA) Anti-Money Laundering Council (AMLC)

PUNISHABLE UNDER RA9208 AS AMENDED BY RA10364

TIP

PUNISHABLE UNDER THE LABOR CODE OF THE PHILIPPINES (P.D. 442) AND UNDER THE MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995 (R.A. 8042, AS AMENDED)

Illegal Recritment

* IN ADULT VICTIM: ACTS + MEANS + EXPLOITATIVE PURPOSE | * IN CHILD VICTIM: _____ + _____

ACTS | EXPLOITATIVE PURPOSE

2 ELEMENTS TO PROVE ILLEGAL RECRUITMENT

* RECRUITMENT ACTIVITY + NON-LICENSEE / NON-HOLDER OF AUTHORITY * ACTIVITIES ENUMERATED IN ARTICLE 34 OF THE LABOR CODE AS AMENDED

In TIP, ____ IS IMMATERIAL •REGARDLESS IF RECRUITMENT IS LEGAL OR ILLEGAL •WHETHER VICTIM’S DESTINATION IS LOCAL OR ABROAD • ______ IS IMMATERIAL

CONSENT PROFIT

* CONSENT IS IMMATERIAL * FORM PART OF THE ACTS ENUMERATED UNDER TIP * WHETHER VICTIM’S DESTINATION IS LOCAL OR ABROAD * PROFIT IS IMMATERIAL

Trafficking in person,