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Title I: Anti-Trafficking in Persons
Title I: Anti-Trafficking in Persons
ORDINANCE NO. 26 - 14
THE CODE OF ORDINANCES OF SAN CARLOS CITY, PANGASINAN
CHAPTER 5
ANTI-TRAFFICKING IN PERSONS
TITLE I
AMENDED ANTI-TRAFFICKING IN PERSONS ACT
OF SAN CARLOS CITY, PANGASINAN1
ARTICLE 1
GENERAL PROVISIONS
Section 1. Title – This Ordinance shall be known and cited as the “AMENDED
ANTI-TRAFFICKING IN PERSONS ACT OF SAN CARLOS CITY, PANGASINAN”.
Section 2. Statement Of Policies And Principles – It is hereby declared that the local
government of San Carlos City (Pangasinan) values the dignity of every human person and
guarantees the full respect of individual rights. Towards this end, the city government shall give
highest priority to the enactment of measures and the development of programs that will promote
human dignity and protect from any threats of violence and exploitation. The City Government
of San Carlos (Pangasinan) likewise recognizes its vital role in addressing the problem of
trafficking in persons, especially women and children, at the local level by instituting policies
and programs to prevent, protect and rehabilitate victims of trafficking.
It is also the policy of the city government to take a firmer stance against trafficking in persons
by penalizing certain acts or omissions that can be considered as violation of this Ordinance. For
this reason, the city government is hereby invoking the principle of local autonomy embodied in
Article X of the 1987 Constitution and the plenary police power of local governments expressed
in Section 16 (General Welfare Clause) of the Local Government Code, in relation to Section
16(j) of R.A. 9208 (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), which explicitly mandates LGUs to monitor
and document traffcking cases and Section 19 of its Implementing Rules and Regulations, which
clearly directs LGUs to “enacts ordinances or issuances aimed at providing protection and
support to trafficked persons and adopt measures to prevent and suppress trafficking in persons”.
1
Ordinance No. 16-08
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ORDINANCE NO. 26 - 14
THE CODE OF ORDINANCES OF SAN CARLOS CITY, PANGASINAN
ARTICLE 2
DEFINITION OF TERMS
Section 1. Definition Of Terms - As used in Ordinance, the following terms shall mean:
The recruitment, transportation, transfer, harboring, or receipt of a child for the purpose
of exploitation shall also be considered as “trafficking in persons” even if it does not
involve any of the means set forth in the preceeding paragraph.
b) Child – refers to a person below eighteen (18) years of age or one who is over eighteen
(18) but is unable to fully take care of or protect himself/herself from abuse, neglect,
cruelty, exploitation, or discrimination because of physical or mental disability or
condition
c) Prostitution – refers to any act, transaction, scheme, or design involving the use of a
person by another, for sexual intercourse or lascivious conduct in exchange for money,
profit or any other consideration.
d) Forced Labor and Slavery – refer to the extraction of work or services from any person
by means of enticement, violence, intimidation or threat, use of force or coercion,
including deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage
or deception.
e) Sex Tourism – refers to a program organized by travel and tourism-related
establishments and individuals which consists of tourism packages or activities, utilizing
and offering escort and sexual services as enticements for tourists. This includes sexual
services and practices offered during rest and recreation periods for members of the
military.
f) Sexual Exploitation – refers to participation by a person in prostitution or the production
of pornographic materials as the result of being subjected to a threat, deception, coercion,
abduction, force, abuse of authority, debt-bondage, fraud, or through abuse of victim's
vulnerability.
g) Debt Bondage – refers to a pledging by the doctor of his/her personal services or labor
those of a person under his/her control as security or payment for a debt, when the length
and nature of services is not clearly defined or when the value of the services as
reasonably assessed is not applied toward the liquidation of the debt.
h) Pornography – refers to any representation, through publication, exhibition,
cinematography, indecent shows, information technology, or by whatever means, of a
person engaged in real or simulated explicit sexual activities or any representation of
sexual parts of a person for primarily sexual purposes.
i) Local Committee – refers to the Local Committee of Anti-Trafficking and Violence
Against Women and their Children (LCATVAWC) established under Section 7 of this
Ordinance.
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ORDINANCE NO. 26 - 14
THE CODE OF ORDINANCES OF SAN CARLOS CITY, PANGASINAN
j) Local Task Force – refers to the Local Joint Task Force Against Trafficking in Persons
(LJTFATP) created under Section 13 of this Ordinance.
k) Council – refers to the Inter-Agency Council Against Trafficking in Persons (IACAT).
ARTICLE 3
PUNISHABLE ACTS
Section 1. Acts Punishable Under R.A. No. 9208 – (a) The following shall be unlawful and
penalized as acts of trafficking in persons:
1) To recruit, transfer, harbor, provide and receive a person by any means, including those
done under the pretext or domestic or overseas employment or training or apprenticeship,
for the purpose of prostitution, sex exploitation, force labor, slavery, involuntary
servitude or debt bondage.
2) To introduce or match for money, profit, or material, economic or other consideration,
any person or, as provided for under Republic Act No. 6955 (AN ACT TO DECLARE
UNLAWFUL THE PRACTICE OF MATCHING FILIPINO WOMEN FOR MARRIAGE TO
FOREIGN NATIONALS ON A MAIL-ORDER BASIS AND OTHER SIMILAR PRACTICES,
INCLUDING THE ADVERTISEMENT, PUBLICATION, PRINTING OR DISTRIBUTION OF
BROCHURES, FLIERS AND OTHER PROPAGANDA MATERIALS IN FURTHERANCE
THEREOF AND PROVIDING PENALTY THEREFOR), any Filipino woman to a foreign
national, for marriage for the purpose of acquiring, buying, offering, selling, or trading
him/her for prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude, or debt bondage.
3) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying,
offering, selling, or trading them to prostitution, pornography, sexual exploitation, forced
labor, slavery, involuntary servitude, or debt bondage.
4) To undertake or organize tours and travel plans consisting of tourism or activities for the
purpose of utilizing and offering persons for prostitution, pornography or sexual
exploitation.
5) To maintain or hire a person to engage in prostitution or pornography.
6) To adopt, or facilitate the adoption of persons for the purpose of prostitution,
exploitation, forced labor, slavery, involuntary servitude, or debt bondage.
7) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force,
fraud, deceit, violence, coercion or intimidation for the purpose of removal or sale of
organs of the said person.
8) To recruit, transport or adopt a child to engage in armed activities in the Philippines or
abroad.
b) The following shall also be unlawful and penalized as acts that promote trafficking in
persons:
ORDINANCE NO. 26 - 14
THE CODE OF ORDINANCES OF SAN CARLOS CITY, PANGASINAN
5) To facilitate, assist or help in the exit and entry of persons from/to the country at
international and local airports, territorial boundaries and seaports who are in
possession of un-issued, tampered or fraudulent travel documents for the purpose of
promoting trafficking in persons.
7) To knowingly benefit from, financial or otherwise, or make use of, the labor or
services or a person held to a condition or involuntary servitude, forced labor, or
slavery.
ORDINANCE NO. 26 - 14
THE CODE OF ORDINANCES OF SAN CARLOS CITY, PANGASINAN
case of the movie industry, or any person utilizing tri-media facilities or information
technology to cause publicity of any case of trafficking in persons.
e) Any person who buys or engages the service of trafficked persons for prostitution shall
be penalized for use of trafficked persons.
ARTICLE 4
PENALTIES
Section 1. Penalties under R.A. 9208 – The afore-mentioned acts shall be penalized in
accordance with the provisions of Section 10 and 11 of Republic Act No. 9208
ARTICLE 5
ROLE OF THE CITY GOVERNMENT OF SAN CARLOS, PANGASINAN
Section 1. Role Of The City Government Of San Carlos (Pangasinan) - In order to help in the
international and national efforts to address the problem of trafficking in persons, the City
Government of San Carlos (Pangasinan) shall implement programs, services and activities that
will contribute to the prevention, protection and rehabilitation of trafficked persons in the city,
pursuant to Section 16 (j) of R.A. No. 9208 and Section 19 of its implementing Rules and
Regulations.
ARTICLE 6
IMPLEMENTING AUTHORITIES / FUNCTIONS
b) The committee shall convene at least once a month, and it may call for such special
sessions as it may deem necessary. A majority of its members shall constitute a quorum
to conduct official business.
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ORDINANCE NO. 26 - 14
THE CODE OF ORDINANCES OF SAN CARLOS CITY, PANGASINAN
Section 2. Functions Of The Local Committee - The existing Local Committee on Anti-
Violence Against Women and their Children shall address and consider the following agenda. In
addition to its present functions and duties:
a) Formulate the comprehensive and integrated city program to prevent and suppress
trafficking persons.
b) Coordinate the implementation of the city government's program and activities on anti-
trafficking, as enumerated under Section 6, 10, 11, 12, 13, 14, 15, and 16 of this
ordinance.
c) Discuss with neighboring LGUs the viability of grouping together and pooling resources
for a more effective delivery and mandatory services under R.A. 9208
d) Recommended relevant policies or legislative measures to the Sangguniang Panlungsod
of this city.
e) Lead the preparation and activities for the celebration of December 12 of every year as
“National Day Against Trafficking”
f) Conduct and/or provide for the training of LGU personnel involved in anti-trafficking
programs and/or activities
g) Establish a sex-and age-disaggregated data base on cases of trafficking in persons
h) Submit an annual report to the Council
i) Perform such other related functions or tasks as may be imposed by law or ordinance.
ARTICLE 7
MONITORING AND DOCUMENTATION
a) The city government shall monitor and document cases of trafficking in persons within
its territorial jurisdiction.
b) Any person who has any knowledge or learns of facts or circumstances that give rise to a
reasonable belief that a person will be, or may be, or has been trafficked shall
immediately report the same, either orally or in writing or through other means to the
Local Committee, the nearest police or law enforcement agency, or the City Social
Welfare Office (CSWO).
c) The City Health Office shall likewise assist in the monitoring function by reporting to the
police or law enforcement officers or the CSWO any suspected cases of trafficking in
persons for the purposes of sexual exploitation, incident to conduct of the STI/HIV/AIDS
monitoring test, daily hygiene check-up and other similar medical examinations.
d) The concerned local government officers shall also contribute to the monitoring function
by reporting to the police or law enforcement officers or the CSWO any suspected cases
of trafficking in persons for the purposes of forced labor, slavery or involuntary
servitude, incident to the conduct of inspection of sweetshops, poultry, piggery and other
agricultural structures, or other labor-intensive establishments
e) All other local agencies or offices, including barangays, receiving reports of suspected
cases of trafficking within the city, shall furnish the CSWO with an incident report for
monitoring and documentation purposes;
f) The CSWO shall document a reported case of trafficking in persons in all its stages up to
its termination.
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ORDINANCE NO. 26 - 14
THE CODE OF ORDINANCES OF SAN CARLOS CITY, PANGASINAN
ARTICLE 8
REPORTORIAL DUTY
Section 1. Reportorial Duty - The LCATVAWC, through CSWO, shall submit an annual report
to the IACAT on the situation of trafficking in persons within the city, as well on the policies and
programs instituted to respond to the problem.
ARTICLE 9
VISITATION POWER
a) As an incident to its mandated duty under Section 9 of this Ordinance, the city
government shall conduct inspection, in coordination with the proper authorities, of
houses, buildings or establishments reported as being used for trafficking activities.
b) The unjustifiable refusal of the owner or person in-charge of any house, building, or
establishment to submit the same for inspection by city authorities shall give rise to the
prima facie presumption of wilfully impending and/or obstructing the mandated duty of
the city government to monitor and document trafficking cases, and may expose said
owner or person in charge to possible prosecution for violation of this Ordinance.
c) The Local Committee shall formulate the proper guidelines and protocols that will be
observed in the exercise of this power, in order to ensure compliance.
ARTICLE 10
CANCELLATION OF LICENSES
a) The office of the City Mayor shall effect the cancellation or revocation of the business
permits and/or licenses of any individual or establishment found to have violated the
provisions of R.A. No. 9208.
b) All individuals or establishments applying for a new business permits and/or licenses or
applying for renewal thereof shall sign a written undertaking that they shall not employ
minors and women who are a victim of trafficking. Bars, nightclubs, videoke/KTV bars
and other similar establishments providing adult amusement or entertainment, as well as
sweatshops, poultry, piggery, and other agricultural structures or other labor-intensive
establishments, shall be required to keep copies of National Statistics Office (NSO)
authenticated birth certificates of all employees as proof of age.
c) All boarding houses, pension houses, dormitories and similar establishments that provide
temporary or permanent lodging facilities for the purpose of generating any rental/ lease
income, shall be required to apply for business permits and/or licenses. The owner,
proprietor or manager of any such establishment applying for renewal thereof, shall sign
a written undertaking that they shall not engage in any acts which promote trafficking
such as, but not limited to, allowing the use of their premises to traffickers and their
victims. The owner, manager or proprietor of such establishment shall have mandatory
duty to report suspected cases of trafficking to the LCATVAWC.
d) The refusal and/or failure to sign the above-mentioned undertaking, or the subsequent
violation of the same, or the failure to keep employees' birth certificates as required under
paragraph (b), or the possession of falsified birth certificates in the record of
employment, shall constitute a ground for the immediate denial or cancellation of the
business permit and/or license of the individual or the establishment concerned.
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ORDINANCE NO. 26 - 14
THE CODE OF ORDINANCES OF SAN CARLOS CITY, PANGASINAN
ARTICLE 11
PROSECUTION OF TRAFFICIKING CASES
a) The city government shall ensure the effective prosecution of trafficking cases in persons
committed within its territorial jurisdiction.
b) For this purpose, there shall be created a Local Joint Task Force Against Trafficking in
Persons (LJTFATP) to be composed of
1) Chairman - the City Legal Officer or in his/her absence, the Chairman of the
Sangguniang Panlungsod Committee on Peace and Order;
2) One (1) personnel/representative each from the Philippine National Police, San
Carlos City, Pangasinan; Regional Office of the Bureau of Immigration; Regional
Office of the National Bureau of Investigation; Regional Office of the Department of
Social Welfare and Development; City Social Office; Office of the State or City
Prosecutor;
3) and at least non-government organizations with a track record in working and/or
advocating on the issue of trafficking in persons.
c) The local task force shall coordinate all efforts in the conduct of surveillance,
investigation and rescue operations of trafficking cases. It shall likewise closely
collaborate with the LCATVAWC in the formulation of plans and programs for the
prevention and/or reduction of trafficking in persons. For this purpose, the Local Task
Force shall convene at least once a month.
d) Within one (1) month from the adoption of this Ordinance, LCATVAWC shall convene a
meeting with all the members of the Local Task Force for the specific purpose of
developing the guidelines and protocols for the effective coordination in the conduct of
surveillance, investigation and rescue operations and trafficking in persons.
e) To facilitate the successful prosecution of trafficking cases, the LCATVAWC shall
establish a witness protection and support services programs for the victims of trafficking
that shall include, but not limited to, the establishment of safehouse for rescued support
or alternative livelihood opportunities.
ARTICLE 12
DEPUTIZING BARANGAYS
a) The city government may deputize the barangays in maintaining registries of local
residents recruited for employment elsewhere, their respective destinations, the identities
of the recruiters, and other relevant data.
b) The barangays may likewise be authorized to require all prospective recruiters to first
apply for the barangay clearance before engaging in any recruitment activities in their
respective areas of responsibility.
ARTICLE 13
INFORMATION CAMPAIGN
ORDINANCE NO. 26 - 14
THE CODE OF ORDINANCES OF SAN CARLOS CITY, PANGASINAN
b) The city government shall conduct information dissemination activities at the barangay
level and coordinate such activities with the BCPCs and the DILG. Information
dissemination activities shall likewise be conducted in schools, churches, and
communities.
c) In partnership with the PIA, the city government shall produce and publish information,
education and communication materials about trafficking in persons such as, but not
limited to, primers, flyers, brochures, posters, stickers, television/radio/print
advertisements, and websites, which shall be made available in piers, ports, airports, bus
and jeepney terminals, and other similar places where acts of trafficking may be
committed and/or facilitated.
a) The city government shall encourage and support community-based initiatives which
address the issue of trafficking in persons.
b) It shall provide financial support and technical assistance to BCPCs and qualified and
accredited NGOs and POs that are engaged in activities for the protection, recovery and
reintegration of victims of trafficking.
ARTICLE 14
MANDATORY SERVICES TO TRAFFICKED PERSONS
a) Pursuant to Section 23 of R.A. 9208, the city government shall, in coordination with the
concerned government agencies, make available the following mandatory services to
trafficked persons.
1) Emergency shelter or appropriate housing
2) Counselling
3) Free legal services, which shall include information about the victim's rights and the
procedure for filing complaints, claiming compensation and such other legal remedies
available to them, in a language understood by the trafficked person.
4) Medical or psychological services
5) Livelihood and skills training
6) Education assistance to a trafficked child.
b) The City Social Welfare Office shall be the lead agency in the coordination and provision
of (1), (2), (4), (5) and (6). On the other hand, the City Legal Office shall lead in
providing (3).
c) All efforts shall be made to ensure that the above services will be rendered in child-
friendly and gender-sensitive manner.
ARTICLE 15
ENACTMENT OF SUPPLEMENTAL ORDINANCES AND ISSUANCES
STRENGTHENING OF EXISTING BODIES
Section 2. Strengthening Of Existing Bodies - The city government shall exert efforts to
strengthen, activate and mobilize existing committees, councils, similar organizations and special
bodies at the local level to prevent and suppress trafficking in persons.
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ORDINANCE NO. 26 - 14
THE CODE OF ORDINANCES OF SAN CARLOS CITY, PANGASINAN
ARTICLE 16
PENALTIES/SANCTIONS
Section 1. Penalties And Sanctions For Violations Of This Ordinance - The following acts or
omissions shall be deemed violations of this Ordinance and shall be subject to the imposition of
the corresponding penal sanctions. The City Legal Office shall cause the filing of appropriate
case/s in a competent court against any person/establishment found violating any of the
provisions of this Ordinance.
a) Any public official/officer who has any knowledge or learns of facts or circumstances
that give rise to a reasonable belief that a person will be, or may be, or has been
trafficked, and fails to immediately report such to the LCATVAWC or other concerned
agencies shall, upon conviction by a competent court, be penalized with a fine of Two
Thousand Five Hundred Pesos (P2,500.00) or imprisonment not exceeding six (6)
months or both, at the discretion of the court.
b) If the offender above is a private person, upon conviction by a competent court, he/she
shall be penalized with a fine of Two Thousand Five Hundred Pesos (P2,500.00) or
imprisonment NOT exceeding six (6) months, or both, at the discretion of the court.
c) The owner, manager, or person in charge of any house, building, or establishment who
refuses, without justifiable reason, to submit said premises for inspection by city
authorities as provided under Section 11 of this Ordinance shall be penalized, at the first
instance, with immediate cancellation of the corresponding business permit and/or
license issued by the city government . At the second instance, the offender shall,
upon conviction by a competent court, be punished for wilfully impending and/or
obstructing the mandated duty of the city government to monitor and document
trafficking cases, with a fine of Two Thousand Five Hundred Pesos (P2,500.00) or
imprisonment of One (1) month or both, at the discretion of the court.
d) The unjustifiable refusal and/or failure to sign the written undertaking required under
Section 12 (b) and (c) of this ordinance, or the subsequent violation of the same, or the
failure to keep employees' birth certificates as required under Section 12 (b), or the
possession of falsified birth certificates in the records of employment, shall be penalized,
at the first instance, with immediate cancellation of the corresponding business
permit and/or licensed issued by the city government. At the second instance, the
offender shall, upon conviction by a competent court, be punished with a fine of Two
Thousand Five Hundred Pesos (P2,500.00).
ARTICLE 17
REWARDS AND INCENTIVES
a) The local committee shall institute an incentive scheme whereby monetary rewards may
be given to persons who provide vital information that will lead to the prevention or
suppression of trafficking activities and to the apprehension of offenders involved
therein.
b) Likewise, awards and recognition shall be given to persons, organizations, or
establishments that champion or support activities which contribute to the prevention or
suppression of trafficking in persons.
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ORDINANCE NO. 26 - 14
THE CODE OF ORDINANCES OF SAN CARLOS CITY, PANGASINAN
ARTICLE 18
APPROPRIATION
The funds allocated for this purpose shall accrue exclusively to the program, in accordance with
the guidelines on the matter issued by the National Commission on the Role of Filipino Women
(NCRFW).