R.A 10364 – Primer Primer
What is the Expanded Anti-Trafficki Anti-Trafficking ng in Persons Act of 2012? The Expanded Anti-Trafficking in Persons Act of 2012, or Republic Ac Actt 10364 is 10364 is an act that institutes policies to eliminate trafficking in persons especially women and children. Also, it establishes the necessary mechanisms to protect and support trafficked persons, and provides penalties thereof. R.A. 10364 is said to be an expanded and strengthened strengthened version of the AntiTrafficking in Persons Act of 2003 (R.A 9208) and the new law now covers attempted trafficking, trafficking, as well as accomplice and accessory liabilities. In the new law, the following acts are now considered human trafficking:
recruitment of domestic/overseas employment for sexual exploitation;
forced labor or involuntary debt bondage;
recruitment of Filipino woman to marry a foreigner;
recruitment for sex tourism;
recruitment for organ removal; and
recruitment of a child to engage in armed activities abroad;
THREE CATEGORIES OF TRAFFICKING IN PERSONS
Acts of Trafficking in Persons
Recruiting, obtaining, hiring, providing, offering, transporting, transferring, maintaining, harbouring, or receiving a person by any means, including those done
under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, or sexual exploitation;
Recruiting any Filipino woman to marry a foreign national for the purpose of acquiring, buying, offering, selling him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
Undertaking or organizing tours and travel plans for the purpose of sex tourism;
Maintaining or hiring a person for prostitution or pornography;
Exploiting children in terms of:
Recruiting children for use in armed conflict;
Child prostitution/pornography;
Using, procuring or offering of a child for the production and trafficking of drugs; and
Using, procuring or offering of a child for illegal works or activities.
Acts that Promote Trafficking
Leasing/sub-leasing, using or allowing any house, building, or establishment for the purpose of trafficking in persons;
producing, print and issuing unissued, tampered or fake counselling certificates, registration stickers and certificates of any government agency which issue such certificates, for the purpose of trafficking;
advertising, publishing, printing or broadcasting by any means, including the use of information technology, any propaganda that promotes trafficking in persons;
facilitating, assisting or helping in the exit and entry of persons from/to the country at international and local airports who have fraudulent travel documents for the purposes of promoting trafficking in persons;
confiscating, concealing or destroying the passport, travel do cuments of trafficked persons in furtherance of trafficking to prevent them from leaving the country;
benefiting from, financial or otherwise, the labor services of a person held to a condition of involuntary servitude, forced labor or slavery; and
Utilizing his or her office to impede the investigation, prosecution or execution of lawful orders in a case under this Act.
Qualified Trafficking The following are an act of qualified trafficking:
When the trafficked person is a child;
When the adoption is for the purpose of prostitution, pornography, sexual exploitation and the like;
When the crime is committed by a syndicate;
When the offender is a spouse, an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person;
When the offender is a member of the military or law enforcement agency; and
When by reason or occasion of the act, the offended party dies, becomes insane, or been afflicted by HIV-AIDS
When the offender commits one or more violations of Section 4 over a period of sixty or more days, continuous or not; and
When the offender directs or through another manages the trafficking victim in carrying out exploitative purpose of trafficking.
What is attempted trafficking? Under R.A. 10364, attempted traffickin g is any act to initiate the c o m m i s s i o n o f a t r a ff i c k i n g o f f e n s e b u t t h e o f f e n d e r f ai l ed t o o r d i d n o t e x ec u t e a l l t h e el e m e n t s o f t h e c r i m e d u e t o a c c i d e n t o r b y r e as o n o f s o m e c a u s e o t h e r t h an v o l u n t a r y d e s i s t a n c e .
If the victim is a child, an act be considered attempted trafficking if a person –
facilitates the travel of a child without clearance from DSWD or parental/legal consent;
executing affidavit of consent for adoption;
Recruiting a woman to bear a child; simulating a birth; or soliciting a child and requiring custody through any means from hospital, health centers and the like, all for the purpose of selling the child.
What in an accomplice liability? One of the new provisions inserted in this Act provides for the liabilities of an accomplice in trafficking. Under this Act, a n ac c o m p l i c e is a n y o n e w h o k n o w i n g l y a i d s , ab e t s , c o o p e r at e s i n t h e e x e c u t i o n o f t h e o f f e n s e ,
whether by previous or simultaneous acts, and shall be punished in accordance with this law.
What is an accessory liability? An a c c e s s o r y i s a n y p e r s o n t h a t h a s t h e k n o w l e d g e o f t h e c o m m i s s i o n of the crimea nd without having participated therein, takes part in the
commission in any of the following manners:
profiting themselves or assisting the offender to profit by the effects of the crime;
by concealing or destroying the boy of the crime; and
by harbouring, concealing or assisting in the escape of the principal of the crime.
An accessory shall be liable to the penalties provided for in this Act.
Who may file a case?
The following persons may file cases of trafficking in persons:
trafficked person;
the parents, spouse, siblings, children or legal guardian of the trafficked person; and
Anyone who has personal knowledge of the crime.
Who may be punished for trafficking in persons? Any person, natural or juridical, found guilty of trafficking under R.A 10364 may be punished.
If the offender is a corporation, partnership, association, club, establishment or any juridical persons, the penalty shall be imposed upon the owner, president, partner, manager, and/or any responsible officer who participated in the commissions of the crime, or who knowingly permitted or failed to prevent is commission.
If the offender is a foreigner, he or she shall be immediately deported after serving his/her sentence and barred from entering the country.
Prescriptive Period Trafficking cases can be filed within 10 years after they are committed. If trafficking is committed by a syndicate or on a large scale, cases can be filed within 20 years after the commission of the act. The so-called “prescriptive period” is counted from the day the trafficked person is delivered or released
from the conditions of bondage. In the case of a child victim, the prescriptive period starts from the day the child reaches the age of majority.
PENALTIES
ACT
PENALTY
20 yrs of imprisonment and a fine of 1 Acts of Trafficking
Acts that Promote Trafficking/Accessory Liability
million to 2 million pesos
15 yrs of imprisonment and a fine of 500,000 to 1 million pesos
Life imprisonment and a fine of 2 million Qualified Trafficking
to 5 million pesos
15 yrs imprisonment and a fine of 500,000 Attempted Trafficking
to 1 million pesos
15 yrs imprisonment and a fine of 500,000 Accomplice Liability
to 1 million pesos
6 yrs imprisonment and a fine of 500,000 Breach of Confidentiality Clause
to 1 million pesos
(1)
six years to 12 years imprisonment
and a fine of 50,000 to 100,000 pesos
Use of Trafficked Persons (2)
Deportation – if the offense is
committed by a foreigner
What protection is given to trafficked persons under R.A. 10364? Trafficked persons shall be considered victims and shall not be penalized for unlawful acts committed.
The consent of the victim to the intended exploitation is irrelevant; also
The past sexual behaviour or predisposition of a trafficked person shall be considered inadmissible in evidence of proving consent of the v ictim to the crime.
T em p o r a r y C u s t o d y o f T r a ff i c k e d V i c t i m s is also now provided under RA
10364 – rescue of trafficked persons should be under the assistance of DSWD or any accredited NGO that services trafficked victims. Extra-Territorial Jurisdiction Under this Act, the state can exercise jurisdiction over any act defined and penalized under the law, even if the crime is committed outside the Philippines, if the suspect or accused is:
A Filipino citizen; or
A permanent resident of the Philippines; or
Has committed the act against a citizen of the Philippines.
What is an Anti-Trafficking in Persons Database? Another added provision in this act is the database of anti-trafficking in persons wherein the Inter-Agency Council Against Trafficking (IACAT) shall submit a report to the President of the Philippines and to Congress, on or
before January 15 f every year, the preceding year’s programs and date on trafficking-related cases. Inter-Agency Council Against Trafficking (IACAT) IACAT is the primary body that coordinates, monitor and oversee the implementation of R.A. 10364. IACAT is composed of the following agencies:
Secretary, DOJ (Chairperson)
Secretary, DSWD (Co-Chairperson)
Members:
Secretary, DFA;
Secretary, DOLE;
Secretary, DILG;
Administrator, POEA;
Commissioner, BOI;
Chief, PNP;
Chairperson, PCW;
Chairperson, CFO;
Executive Director, PCTC; and
Three representatives from NGOs shall include one representative each from the sectors of women, overseas Filipinos, and children.
Funding The funds necessary to implement this Act will be charged against the current year’s appropriations of the IACAT under the budget of the D OJ and other
concerned departments.
Additional Funds for the Council is also now provided by the law, the amount collected from every penalty, fine or asset derived from any violation of this Act shall be considered additional funds for the Council.