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1

“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:

1.ACT/S
2.MEANS
3.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

2.MEANS: any including offer of domestic or overseas employment, training or apprenticeship

3.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

2.MEANS: introduction or matching is for money, profit or material, economic or other consideration

3.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

1.ACTS/MEANS: proposes marriage or got married to the person, whether real or simulated

2.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

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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

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ELEMENTS

1.ACTS: adopts or facilitates the adoption of a person

2.MEANS: by any form of consideration

3.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

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

2.MEANS: threats or force, fraud, deceit, violence, coercion, or intimidation

3.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

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ELEMENTS

1.ACTS: recruits, transports, transfers, obtains, harbors, maintains, offers, hires, receives or adopts a child

2.MEANS:

3.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

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

2.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

3. 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

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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

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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

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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

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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

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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

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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