(2) Working under condi ons hazardous to life, safety and normal which unduly interfere with

their normal development;

Republic Act No. 7610 June 17, 1992
(3) Living in or fending for themselves in the streets of urban or rural areas without the care of
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD
parents or a guardian or basic services needed for a good quality of life;
ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES
(4) Being a member of a indigenous cultural community and/or living under condi ons of
extreme poverty or in an area which is underdeveloped and/or lacks or has inadequate access to
ARTICLE I basic services needed for a good quality of life;
Title, Policy, Principles and Definitions of Terms (5) Being a vic m of a man-made or natural disaster or calamity; or
Section 1. Title. – This Act shall be known as the "Special Protection of Children Against Abuse, (6) Circumstances analogous to those abovestated which endanger the life, safety or normal
Exploitation and Discrimination Act." development of children.
Section 2. Declaration of State Policy and Principles. – It is hereby declared to be the policy of the (d) "Comprehensive program against child abuse, exploita on and discrimina on" refers to the
State to provide special protec on to children from all firms of abuse, neglect, cruelty exploita on coordinated program of services and facili es to protected children against:
and discrimina on and other condi ons, prejudicial their development; provide sanc ons for their (1) Child Pros tu on and other sexual abuse;
commission and carry out a program for preven on and deterrence of and crisis interven on in (2) Child trafficking;
situa ons of child abuse, exploita on and discrimina on. The State shall intervene on behalf of the (3) Obscene publica ons and indecent shows;
child when the parent, guardian, teacher or person having care or custody of the child fails or is (4) Other acts of abuses; and
unable to protect the child against abuse, exploita on and discrimina on or when such acts against (5) Circumstances which threaten or endanger the survival and normal development of
the child are commi ed by the said parent, guardian, teacher or person having care and custody of children.
the same. ARTICLE II
It shall be the policy of the State to protect and rehabilitate children gravely threatened or Program on Child Abuse, Exploitation and Discrimination
endangered by circumstances which affect or will affect their survival and normal development and Section 4. Formulation of the Program. – There shall be a comprehensive program to be
over which they have no control. formulated, by the Department of Jus ce and the Department of Social Welfare and Development in
The best interests of children shall be the paramount considera on in all ac ons concerning them, coordina on with other government agencies and private sector concerned, within one (1) year
whether undertaken by public or private social welfare ins tu ons, courts of law, administra ve from the effec vity of this Act, to protect children against child pros tu on and other sexual abuse;
authori es, and legisla ve bodies, consistent with the principle of First Call for Children as child trafficking, obscene publica ons and indecent shows; other acts of abuse; and circumstances
enunciated in the United Na ons Conven on of the Rights of the Child. Every effort shall be exerted which endanger child survival and normal development.
to promote the welfare of children and enhance their opportuni es for a useful and happy life. ARTICLE III
Section 3. Definition of Terms. – Child Prostitution and Other Sexual Abuse
(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for
fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploita on or money, profit, or any other considera on or due to the coercion or influence of any adult, syndicate
discrimina on because of a physical or mental disability or condi on; or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which pros tu on and other sexual abuse.
includes any of the following: The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emo onal the following:
maltreatment; (a) Those who engage in or promote, facilitate or induce child pros tu on which include, but
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and are not limited to, the following:
dignity of a child as a human being; (1) Ac ng as a procurer of a child pros tute;
(3) Unreasonable depriva on of his basic needs for survival, such as food and shelter; or (2) Inducing a person to be a client of a child pros tute by means of wri en or oral
(4) Failure to immediately give medical treatment to an injured child resul ng in serious adver sements or other similar means;
impairment of his growth and development or in his permanent incapacity or death. (3) Taking advantage of influence or rela onship to procure a child as pros tute;
(c) "Circumstances which gravely threaten or endanger the survival and normal development (4) Threatening or using violence towards a child to engage him as a pros tute; or
of children" include, but are not limited to, the following; (5) Giving monetary considera on goods or other pecuniary benefit to a child with intent to
(1) Being in a community where there is armed conflict or being affected by armed engage such child in pros tu on.
conflict-related ac vi es;
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited
in pros tu on or subject to other sexual abuse; Provided, That when the vic ms is under twelve (12)
years of age, the perpetrators shall be prosecuted under Ar cle 335, paragraph 3, for rape and
Ar cle 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as
the case may be: Provided, That the penalty for lascivious conduct when the vic m is under twelve
(12) years of age shall be reclusion temporal in its medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager or owner of the
establishment where the pros tu on takes place, or of the sauna, disco, bar, resort, place of
entertainment or establishment serving as a cover or which engages in pros tu on in addi on to the
ac vity for which the license has been issued to said establishment.
Section 6. Attempt To Commit Child Prostitution. – There is an a empt to commit child pros tu on
under Sec on 5, paragraph (a) hereof when any person who, not being a rela ve of a child, is found
alone with the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house,
apartelle or other similar establishments, vessel, vehicle or any other hidden or secluded area under
circumstances which would lead a reasonable person to believe that the child is about to be
exploited in pros tu on and other sexual abuse.
There is also an a empt to commit child pros tu on, under paragraph (b) of Sec on 5 hereof when
any person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and
other similar establishments. A penalty lower by two (2) degrees than that prescribed for the
consummated felony under Sec on 5 hereof shall be imposed upon the principals of the a empt to
commit the crime of child pros tu on under this Act, or, in the proper case, under the Revised Penal
Code.
ARTICLE IV
Child Trafficking
Section 7. Child Trafficking. – Any person who shall engage in trading and dealing with children
including, but not limited to, the act of buying and selling of a child for money, or for any other
considera on, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The
penalty shall be imposed in its maximum period when the vic m is under twelve (12) years of age.
Section 8. Attempt to Commit Child Trafficking. – There is an a empt to commit child trafficking
under Sec on 7 of this Act:
(a) When a child travels alone to a foreign country without valid reason therefor and without
clearance issued by the Department of Social Welfare and Development or wri en permit or
jus fica on from the child's parents or legal guardian;
(c) When a person, agency, establishment or child-caring ins tu on recruits women or couples
to bear children for the purpose of child trafficking; or
(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or
any other person simulates birth for the purpose of child trafficking; or
(e) When a person engages in the act of finding children among low-income families, hospitals,
clinics, nurseries, day-care centers, or other child-during ins tu ons who can be offered for the
purpose of child trafficking.
A penalty lower two (2) degrees than that prescribed for the consummated felony under Sec on 7
hereof shall be imposed upon the principals of the a empt to commit child trafficking under this Act.
ARTICLE V
Obscene Publications and Indecent Shows
Section 9. Obscene Publications and Indecent Shows. – Any person who shall hire, employ, use,
persuade, induce or coerce a child to perform in obscene exhibi ons and indecent shows, whether
live or in video, or model in obscene publica ons or pornographic materials or to sell or distribute
the said materials shall suffer the penalty of prision mayor in its medium period.
If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the
penalty shall be imposed in its maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause
and/or allow such child to be employed or to par cipate in an obscene play, scene, act, movie or
show or in any other acts covered by this sec on shall suffer the penalty of prision mayor in its
medium period.
ARTICLE VI
Other Acts of Abuse
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial
to the Child's Development. –
(a) Any person who shall commit any other acts of child abuse, cruelty or exploita on or to be
responsible for other condi ons prejudicial to the child's development including those covered by
Ar cle 59 of Presiden al Decree No. 603, as amended, but not covered by the Revised Penal Code,
as amended, shall suffer the penalty of prision mayor in its minimum period.
(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or
who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint,
discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or
similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less
than Fi y thousand pesos (P50,000): Provided, That this provision shall not apply to any person who
is related within the fourth degree of consanguinity or affinity or any bond recognized by law, local
custom and tradi on or acts in the performance of a social, moral or legal duty.
(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to
keep or have in his company a minor as provided in the preceding paragraph shall suffer the penalty
of prision mayor in its medium period and a fine of not less than Forty thousand pesos (P40,000);
Provided, however, That should the perpetrator be an ascendant, stepparent or guardian of the
minor, the penalty to be imposed shall be prision mayor in its maximum period, a fine of not less
than Fi y thousand pesos (P50,000), and the loss of parental authority over the minor.
(d) Any person, owner, manager or one entrusted with the opera on of any public or private
place of accommoda on, whether for occupancy, food, drink or otherwise, including residen al
places, who allows any person to take along with him to such place or places any minor herein
described shall be imposed a penalty of prision mayor in its medium period and a fine of not less
than Fi y thousand pesos (P50,000), and the loss of the license to operate such a place or
establishment.
(e) Any person who shall use, coerce, force or in midate a street child or any other child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal ac vi es, shall suffer the penalty of prision correccional in its medium
period to reclusion perpetua.
For purposes of this Act, the penalty for the commission of acts punishable under Ar cles 248, 249,
262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for
the crimes of murder, homicide, other inten onal mu la on, and serious physical injuries,
respec vely, shall be reclusion perpetua when the vic m is under twelve (12) years of age. The
penalty for the commission of acts punishable under Ar cle 337, 339, 340 and 341 of Act No. 3815,
as amended, the Revised Penal Code, for the crimes of qualified seduc on, acts of lasciviousness
with the consent of the offended party, corrup on of minors, and white slave trade, respec vely,
shall be one (1) degree higher than that imposed by law when the vic m is under twelve (12) years
age.
The vic m of the acts commi ed under this sec on shall be entrusted to the care of the Department
of Social Welfare and Development.
ARTICLE VII
Sanctions for Establishments or Enterprises
Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct
Activities Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene
Publications and Indecent Shows, and Other Acts of Abuse. – All establishments and enterprises
which promote or facilitate child pros tu on and other sexual abuse, child trafficking, obscene
publica ons and indecent shows, and other acts of abuse shall be immediately closed and their
authority or license to operate cancelled, without prejudice to the owner or manager thereof being
prosecuted under this Act and/or the Revised Penal Code, as amended, or special laws. A sign with
the words "off limits" shall be conspicuously displayed outside the establishments or enterprises by
the Department of Social Welfare and Development for such period which shall not be less than one
(1) year, as the Department may determine. The unauthorized removal of such sign shall be
punishable by prision correccional.
An establishment shall be deemed to promote or facilitate child pros tu on and other sexual abuse,
child trafficking, obscene publica ons and indecent shows, and other acts of abuse if the acts
cons tu ng the same occur in the premises of said establishment under this Act or in viola on of
the Revised Penal Code, as amended. An enterprise such as a sauna, travel agency, or recruitment
agency which: promotes the aforemen oned acts as part of a tour for foreign tourists; exhibits
children in a lewd or indecent show; provides child masseurs for adults of the same or opposite sex
and said services include any lascivious conduct with the customers; or solicits children or ac vi es
cons tu ng the aforemen oned acts shall be deemed to have commi ed the acts penalized herein.
ARTICLE VIII
Working Children
Section 12. Employment of Children. – Children below fi een (15) years of age may be employed
except:
(1) When a child works directly under the sole responsibility of his parents or legal guardian
and where only members of the employer's family are employed: Provided, however, That his
employment neither endangers his life, safety and health and morals, nor impairs his normal
development: Provided, further, That the parent or legal guardian shall provide the said minor child
with the prescribed primary and/or secondary educa on; or
(2) When a child's employment or par cipa on in public & entertainment or informa on
through cinema, theater, radio or television is essen al: Provided, The employment contract
concluded by the child's parent or guardian, with the express agreement of the child concerned, if
possible, and the approval of the Department of Labor and Employment: Provided, That the
following requirements in all instances are strictly complied with:
(a) The employer shall ensure the protec on, health, safety and morals of the child;
(b) the employer shall ins tute measures to prevent the child's exploita on or discrimina on
taking into account the system and level of remunera on, and the dura on and arrangement of
working me; and;
(c) The employer shall formulate and implement, subject to the approval and supervision of
competent authori es, a con nuing program for training and skill acquisi on of the child.
In the above excep onal cases where any such child may be employed, the employer shall first
secure, before engaging such child, a work permit from the Department of Labor and Employment
which shall ensure observance of the above requirement.
The Department of Labor Employment shall promulgate rules and regula ons necessary for the
effec ve implementa on of this Sec on.
Section 13. Non-formal Education for Working Children. – The Department of Educa on, Culture
and Sports shall promulgate a course design under its non-formal educa on program aimed at
promo ng the intellectual, moral and voca onal efficiency of working children who have not
undergone or finished elementary or secondary educa on. Such course design shall integrate the
learning process deemed most effec ve under given circumstances.
Section 14. Prohibition on the Employment of Children in Certain Advertisements. – No person shall
employ child models in all commercials or adver sements promo ng alcoholic beverages,
intoxica ng drinks, tobacco and its byproducts and violence.
Section 15. Duty of Employer. – Every employer shall comply with the du es provided for in Ar cles
108 and 109 of Presiden al Decree No. 603.
Section 16. Penalties. – Any person who shall violate any provision of this Ar cle shall suffer the
penalty of a fine of not less than One thousand pesos (P1,000) but not more than Ten thousand
pesos (P10,000) or imprisonment of not less than three (3) months but not more than three (3)
years, or both at the discre on of the court; Provided, That, in case of repeated viola ons of the
provisions of this Ar cle, the offender's license to operate shall be revoked.
ARTICLE IX
Children of Indigenous Cultural Communities
Section 17. Survival, Protection and Development. – In addi on to the rights guaranteed to children
under this Act and other exis ng laws, children of indigenous cultural communi es shall be en tled
to protec on, survival and development consistent with the customs and tradi ons of their
respec ve communi es.
Section 18. System of and Access to Education. – The Department of Educa on, Culture and Sports
shall develop and ins tute an alterna ve system of educa on for children of indigenous cultural
communi es which culture-specific and relevant to the needs of and the exis ng situa on in their
communi es. The Department of Educa on, Culture and Sports shall also accredit and support
non-formal but func onal indigenous educa onal programs conducted by non-government
organiza ons in said communi es.
Section 19. Health and Nutrition. – The delivery of basic social services in health and nutri on to
children of indigenous cultural communi es shall be given priority by all government agencies
concerned. Hospitals and other health ins tu on shall ensure that children of indigenous cultural
communi es are given equal a en on. In the provision of health and nutri on services to children
of indigenous cultural communi es, indigenous health prac ces shall be respected and recognized.
Section 20. Discrimination. – Children of indigenous cultural communi es shall not be subjected to
any and all forms of discrimina on.
Any person who discriminate against children of indigenous cultural communi es shall suffer a
penalty of arresto mayor in its maximum period and a fine of not less than Five thousand pesos
(P5,000) more than Ten thousand pesos (P10,000).
Section 21. Participation. – Indigenous cultural communi es, through their duly-designated or
appointed representa ves shall be involved in planning, decision-making implementa on, and
evalua on of all government programs affec ng children of indigenous cultural communi es.
Indigenous ins tu on shall also be recognized and respected.
ARTICLE X
Children in Situations of Armed Conflict
Section 22. Children as Zones of Peace. – Children are hereby declared as Zones of Peace. It shall be
the responsibility of the State and all other sectors concerned to resolve armed conflicts in order to
promote the goal of children as zones of peace. To a ain this objec ve, the following policies shall
be observed.
(a) Children shall not be the object of a ack and shall be en tled to special respect. They shall
be protected from any form of threat, assault, torture or other cruel, inhumane or degrading
treatment;
(b) Children shall not be recruited to become members of the Armed Forces of the Philippines
of its civilian units or other armed groups, nor be allowed to take part in the figh ng, or used as
guides, couriers, or spies;
(c) Delivery of basic social services such as educa on, primary health and emergency relief
services shall be kept unhampered;
(d) The safety and protec on of those who provide services including those involved in
fact-finding missions from both government and non-government ins tu ons shall be ensured. They
shall not be subjected to undue harassment in the performance of their work;
(e) Public infrastructure such as schools, hospitals and rural health units shall not be u lized for
military purposes such as command posts, barracks, detachments, and supply depots; and
(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily
separated due to armed conflict.
Section 23. Evacuation of Children During Armed Conflict. – Children shall be given priority during
evacua on as a result of armed conflict. Exis ng community organiza ons shall be tapped to look
a er the safety and well-being of children during evacua on opera ons. Measures shall be taken to
ensure that children evacuated are accompanied by persons responsible for their safety and
well-being.
Section 24. Family Life and Temporary Shelter. – Whenever possible, members of the same family
shall be housed in the same premises and given separate accommoda on from other evacuees and
provided with facili es to lead a normal family life. In places of temporary shelter, expectant and
nursing mothers and children shall be given addi onal food in propor on to their physiological
needs. Whenever feasible, children shall be given opportuni es for physical exercise, sports and
outdoor games.
Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict. – Any child who has
been arrested for reasons related to armed conflict, either as combatant, courier, guide or spy is
en tled to the following rights;
(a) Separate deten on from adults except where families are accommodated as family units;
(b) Immediate free legal assistance;
(c) Immediate no ce of such arrest to the parents or guardians of the child; and
(d) Release of the child on recognizance within twenty-four (24) hours to the custody of the
Department of Social Welfare and Development or any responsible member of the community as
determined by the court.
If a er hearing the evidence in the proper proceedings the court should find that the aforesaid child
commi ed the acts charged against him, the court shall determine the imposable penalty, including
any civil liability chargeable against him. However, instead of pronouncing judgment of convic on,
the court shall suspend all further proceedings and shall commit such child to the custody or care of
the Department of Social Welfare and Development or to any training ins tu on operated by the
Government, or duly-licensed agencies or any other responsible person, un l he has had reached
eighteen (18) years of age or, for a shorter period as the court may deem proper, a er considering
the reports and recommenda ons of the Department of Social Welfare and Development or the
agency or responsible individual under whose care he has been commi ed.
The aforesaid child shall subject to visita on and supervision by a representa ve of the Department
of Social Welfare and Development or any duly-licensed agency or such other officer as the court
may designate subject to such condi ons as it may prescribe.
The aforesaid child whose sentence is suspended can appeal from the order of the court in the same
manner as appeals in criminal cases.
Section 26. Monitoring and Reporting of Children in Situations of Armed Conflict. – The chairman
of the barangay affected by the armed conflict shall submit the names of children residing in said
barangay to the municipal social welfare and development officer within twenty-four (24) hours from
the occurrence of the armed conflict.
ARTICLE XI
Remedial Procedures
Section 27. Who May File a Complaint. – Complaints on cases of unlawful acts commi ed against
the children as enumerated herein may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral rela ve within the third degree of consanguinity;
(d) Officer, social worker or representa ve of a licensed child-caring ins tu on;
(e) Officer or social worker of the Department of Social Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible ci zens where the viola on occurred.
Section 28. Protective Custody of the Child. – The offended party shall be immediately placed under
the protec ve custody of the Department of Social Welfare and Development pursuant to Execu ve
Order No. 56, series of 1986. In the regular performance of this func on, the officer of the
Department of Social Welfare and Development shall be free from any administra ve, civil or
criminal liability. Custody proceedings shall be in accordance with the provisions of Presiden al
Decree No. 603.
Section 29. Confidentiality. – At the instance of the offended party, his name may be withheld from
the public un l the court acquires jurisdic on over the case.
It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials,
announcer or producer in case of television and radio broadcas ng, producer and director of the film
in case of the movie industry, to cause undue and sensa onalized publicity of any case of viola on of
this Act which results in the moral degrada on and suffering of the offended party.
Section 30. Special Court Proceedings. – Cases involving viola ons of this Act shall be heard in the
chambers of the judge of the Regional Trial Court duly designated as Juvenile and Domes c Court.
Any provision of exis ng law to the contrary notwithstanding and with the excep on of habeas
corpus, elec on cases, and cases involving deten on prisoners and persons covered by Republic Act
No. 4908, all courts shall give preference to the hearing or disposi on of cases involving viola ons of
this Act.
ARTICLE XII
Common Penal Provisions
Section 31. Common Penal Provisions. –
(a) The penalty provided under this Act shall be imposed in its maximum period if the offender
has been previously convicted under this Act;
(b) When the offender is a corpora on, partnership or associa on, the officer or employee
thereof who is responsible for the viola on of this Act shall suffer the penalty imposed in its
maximum period;
(c) The penalty provided herein shall be imposed in its maximum period when the perpetrator
is an ascendant, parent guardian, stepparent or collateral rela ve within the second degree of
consanguinity or affinity, or a manager or owner of an establishment which has no license to operate
or its license has expired or has been revoked;
(d) When the offender is a foreigner, he shall be deported immediately a er service of
sentence and forever barred from entry to the country;
(e) The penalty provided for in this Act shall be imposed in its maximum period if the offender
is a public officer or employee: Provided, however, That if the penalty imposed is reclusion perpetua
or reclusion temporal, then the penalty of perpetual or temporary absolute disqualifica on shall also
be imposed: Provided, finally, That if the penalty imposed is prision correccional or arresto mayor,
the penalty of suspension shall also be imposed; and
(f) A fine to be determined by the court shall be imposed and administered as a cash fund by
the Department of Social Welfare and Development and disbursed for the rehabilita on of each
child vic m, or any immediate member of his family if the la er is the perpetrator of the offense.
ARTICLE XIII
Final Provisions
Section 32. Rules and Regulations. – Unless otherwise provided in this Act, the Department of
Jus ce, in coordina on with the Department of Social Welfare and Development, shall promulgate
rules and regula ons of the effec ve implementa on of this Act.
Such rules and regula ons shall take effect upon their publica on in two (2) na onal newspapers of
general circula on.
Section 33. Appropriations. – The amount necessary to carry out the provisions of this Act is hereby
authorized to be appropriated in the General Appropria ons Act of the year following its enactment
into law and therea er.
Section 34. Separability Clause. – If any provision of this Act is declared invalid or uncons tu onal,
the remaining provisions not affected thereby shall con nue in full force and effect.
Section 35. Repealing Clause. – All laws, decrees, or rules inconsistent with the provisions of this
Acts are hereby repealed or modified accordingly.
Section 36. Effectivity Clause. – This Act shall take effect upon comple on of its publica on in at
least two (2) na onal newspapers of general circula on.
Approved: June 17, 1992.
Republic Act No. 9231 December 19, 2003
AN ACT PROVIDING FOR THE ELIMINATION OF THE WORST FORMS OF CHILD LABOR AND
AFFORDING STRONGER PROTECTION FOR THE WORKING CHILD, AMENDING FOR THIS PURPOSE
REPUBLIC ACTNO. 7610, AS AMENDED, OTHERWISE KNOWN AS THE "SPECIAL PROTECTION OF
CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT"
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:
Section 1. Sec on 2 of Republic Act No. 7610, as amended, otherwise known as the "Special
Protec on of Children Against Child Abuse, Exploita on and Discrimina on Act", is hereby amended
to read as follows:
"Sec. 2. Declaration of State Policy and Principles. - It is hereby declared to be the policy of the State
to provide special protec on to children from all forms of abuse, neglect, cruelty, exploita on and
discrimina on, and other condi ons prejudicial to their development including child labor and its
worst forms; provide sanc ons for their commission and carry out a program for preven on and
deterrence of and crisis interven on in situa ons of child abuse, exploita on and discrimina on. The
State shall intervene on behalf of the child when the parent, guardian, teacher or person having care
or custody of the child fails or is unable to protect the child against abuse, exploita on and
discrimina on or when such acts against the child are commi ed by the said parent, guardian,
teacher or person having care and custody of the same.
"It shall be the policy of the State to protect and rehabilitate children gravely threatened or
endangered by circumstances which affect or will affect their survival and normal development and
over which they have no control.
"The best interests of children shall be the paramount considera on in all ac ons concerning them,
whether undertaken by public or private social welfare ins tu ons, courts of law, administra ve
authori es, and legisla ve bodies, consistent with the principle of First Call for Children as
enunciated in the United Na ons Conven on on the Rights of the Child. Every effort shall be exerted
to promote the welfare of children and enhance their opportuni es for a useful and happy life."
Section 2. Sec on 12 of the same Act, as amended, is hereby further amended to read as follows:
"Sec. 2. Employment of Children - Children below fi een (15) years of age shall not be employed
except:
"1) When a child works directly under the sole responsibility of his/her parents or legal guardian and
where only members of his/her family are employed: Provided, however, That his/her employment
neither endangers his/her life, safety, health, and morals, nor impairs his/her normal development:
Provided, further, That the parent or legal guardian shall provide the said child with the prescribed
primary and/or secondary educa on; or
"2) Where a child's employment or par cipa on in public entertainment or informa on through
cinema, theater, radio, television or other forms of media is essen al: Provided, That the
employment contract is concluded by the child's parents or legal guardian, with the express
agreement of the child concerned, if possible, and the approval of the Department of Labor and
Employment: Provided, further, That the following requirements in all instances are strictly complied
with:
"(a) The employer shall ensure the protec on, health, safety, morals and normal development of the
child;
"(b) The employer shall ins tute measures to prevent the child's exploita on or discrimina on taking
into account the system and level of remunera on, and the dura on and arrangement of working
me; and
"(c) The employer shall formulate and implement, subject to the approval and supervision of
competent authori es, a con nuing program for training and skills acquisi on of the child.
"In the above-excep onal cases where any such child may be employed, the employer shall first
secure, before engaging such child, a work permit from the Department of Labor and Employment
which shall ensure observance of the above requirements.
"For purposes of this Ar cle, the term "child" shall apply to all persons under eighteen (18) years of
age."
Section 3. The same Act, as amended, is hereby further amended by adding new sec ons to be
denominated as Sec ons 12-A, 12-B, 12-C, and 12-D to read as follows:
"Sec. 2-A. Hours of Work of a Working Child. - Under the excep ons provided in Sec on 12 of this
Act, as amended:
"(1) A child below fi een (15) years of age may be allowed to work for not more than twenty (20)
hours a week: Provided, That the work shall not be more than four (4) hours at any given day;
"(2) A child fi een (15) years of age but below eighteen (18) shall not be allowed to work for more
than eight (8) hours a day, and in no case beyond forty (40) hours a week;
"(3) No child below fi een (15) years of age shall be allowed to work between eight o'clock in the
evening and six o'clock in the morning of the following day and no child fi een (15) years of age but
below eighteen (18) shall be allowed to work between ten o'clock in the evening and six o'clock in
the morning of the following day."
"Sec. 12-B. Ownership, Usage and Administration of the Working Child's Income. - The wages,
salaries, earnings and other income of the working child shall belong to him/her in ownership and
shall be set aside primarily for his/her support, educa on or skills acquisi on and secondarily to the
collec ve needs of the family: Provided, That not more than twenty percent (20%) of the child's
income may be used for the collec ve needs of the family.
"The income of the working child and/or the property acquired through the work of the child shall
be administered by both parents. In the absence or incapacity of either of the parents, the other
parent shall administer the same. In case both parents are absent or incapacitated, the order of
preference on parental authority as provided for under the Family Code shall apply.
"Sec. 12-C. Trust Fund to Preserve Part of the Working Child's Income. - The parent or legal guardian
of a working child below eighteen (18) years of age shall set up a trust fund for at least thirty percent
(30%) of the earnings of the child whose wages and salaries from work and other income amount to
at least two hundred thousand pesos (P200,000.00) annually, for which he/she shall render a
semi-annual accoun ng of the fund to the Department of Labor and Employment, in compliance
with the provisions of this Act. The child shall have full control over the trust fund upon reaching the
age of majority.
"Sec. 12-D. Prohibition Against Worst Forms of Child Labor. - No child shall be engaged in the worst
forms of child labor. The phrase "worst forms of child labor" shall refer to any of the following:
"(1) All forms of slavery, as defined under the "An -trafficking in Persons Act of 2003", or prac ces
similar to slavery such as sale and trafficking of children, debt bondage and serfdom and forced or
compulsory labor, including recruitment of children for use in armed conflict; or
"(2) The use, procuring, offering or exposing of a child for pros tu on, for the produc on of
pornography or for pornographic performances; or
"(3) The use, procuring or offering of a child for illegal or illicit ac vi es, including the produc on and
trafficking of dangerous drugs and vola le substances prohibited under exis ng laws; or
"(4) Work which, by its nature or the circumstances in which it is carried out, is hazardous or likely to
be harmful to the health, safety or morals of children, such that it:
"a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; or
"b) Exposes the child to physical, emo onal or sexual abuse, or is found to be highly stressful
psychologically or may prejudice morals; or
"c) Is performed underground, underwater or at dangerous heights; or
"d) Involves the use of dangerous machinery, equipment and tools such as power-driven or explosive
power-actuated tools; or
"e) Exposes the child to physical danger such as, but not limited to the dangerous feats of balancing,
physical strength or contor on, or which requires the manual transport of heavy loads; or
"f) Is performed in an unhealthy environment exposing the child to hazardous working condi ons,
elements, substances, co-agents or processes involving ionizing, radia on, fire, flammable
substances, noxious components and the like, or to extreme temperatures, noise levels, or
vibra ons; or
"g) Is performed under par cularly difficult condi ons; or
"h) Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans, nematodes and
other parasites; or
"i) Involves the manufacture or handling of explosives and other pyrotechnic products."
Section 4. Sec on 13 of the same Act is hereby amended to read as follows:
"Sec. 13. Access to Education and Training for Working Children - "a) No child shall be deprived of
formal or non-formal educa on. In all cases of employment allowed in this Act, the employer shall
provide a working child with access to at least primary and secondary educa on.
"b) To ensure and guarantee the access of the working child to educa on and training, the
Department of Educa on (DEPED) shall: (1) formulate, promulgate, and implement relevant and
effec ve course designs and educa onal programs; (2) conduct the necessary training for the
implementa on of the appropriate curriculum for the purpose; (3) ensure the availability of the
needed educa onal facili es and materials; and (4) conduct con nuing research and development
program for the necessary and relevant alterna ve educa on of the working child.
"c) The DEPED shall promulgate a course design under its non-formal educa on program aimed at
promo ng the intellectual, moral and voca onal efficiency of working children who have not
undergone or finished elementary or secondary educa on. Such course design shall integrate the
learning process deemed most effec ve under given circumstances."
Section 5. Sec on 14 of the same Act is hereby amended to read as follows:
"Sec. 14. Prohibition on the Employment of Children in Certain Advertisements. - No child shall be
employed as a model in any adver sement directly or indirectly promo ng alcoholic beverages,
intoxica ng drinks, tobacco and its byproducts, gambling or any form of violence or pornography."
Section 6. Sec on 16 of the same Act, is hereby amended to read as follows:
"Sec. 16. Penal Provisions -
"a) Any employer who violates Sec ons 12, 12-A, and Sec on 14 of this act, as amended, shall be
penalized by imprisonment of six (6) months and one (1) day to six (6) years or a fine of not less than
Fi y thousand pesos (P50,000.00) but not more than Three hundred thousand pesos (P300,000.00)
or both at the discre on of the court.
"b) Any person who violates the provision of Sec on 12-D of this act or the employer of the
subcontractor who employs, or the one who facilitates the employment of a child in hazardous work,
shall suffer the penalty of a fine of not less than One hundred thousand pesos (P100,000.00) but not
more than One million pesos (P1,000,000.00), or imprisonment of not less than twelve (12) years
and one (1) day to twenty (20) years, or both such fine and imprisonment at the discre on of the
court.
"c) Any person who violates Sec ons 12-D(1) and 12-D(2) shall be prosecuted and penalized in
accordance with the penalty provided for by R. A. 9208 otherwise known as the "An -trafficking in
Persons Act of 2003": Provided, That Such penalty shall be imposed in its maximum period.
"d) Any person who violates Sec on 12-D (3) shall be prosecuted and penalized in accordance with
R.A. 9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002"; Provided, That
such penalty shall be imposed in its maximum period.
"e) If a corpora on commits any of the viola ons aforecited, the board of directors/trustees and
officers, which include the president, treasurer and secretary of the said corpora on who
par cipated in or knowingly allowed the viola on, shall be penalized accordingly as provided for
under this Sec on.
"f) Parents, biological or by legal fic on, and legal guardians found to be viola ng Sec ons 12, 12-A,
12-B and 12-C of this Act shall pay a fine of not less than Ten thousand pesos (P10,000.00) but not
more than One hundred thousand pesos (P100,000.00), or be required to render community service
for not less than thirty (30) days but not more than one (1) year, or both such fine and community
service at the discre on of the court: Provided, That the maximum length of community service shall
be imposed on parents or legal guardians who have violated the provisions of this Act three (3)
mes; Provided, further, That in addi on to the community service, the penalty of imprisonment of
thirty (30) days but not more than one (1) year or both at the discre on of the court, shall be
imposed on the parents or legal guardians who have violated the provisions of this Act more than
three (3) mes.
"g) The Secretary, of Labor and Employment or his/her duly authorized representa ve may, a er due
no ce and hearing, order the closure of any business firm or establishment found to have violated
any of the provisions of this Act more than three (3) mes. He/she shall likewise order the
immediate closure of such firm or establishment if:
"(1) The viola on of any provision of this Act has resulted in the death, insanity or serious physical
injury of a child employed in such establishment; or
"(2) Such firm or establishment is engaged or employed in pros tu on or in obscene or lewd shows.
"h) In case of such closure, the employer shall be required to pay the employee(s) the separa on pay
and other monetary benefits provided for by law."
Section 7. The same Act is hereby further amended by adding a new sec on to be denominated as
Sec on 16-A, to read as follows:
"Sec. 16-A. Trust Fund from Fines and Penalties - The fine imposed by the court shall be treated as a
Trust Fund, administered by the Department of Labor and Employment and disbursed exclusively for
the needs, including the costs of rehabilita on and reintegra on into the mainstream of society of
the working children who are vic ms of the viola ons of this Act, and for the programs and projects
that will prevent acts of child labor."
Section 8. Sec on 27 of the same Act is hereby amended to read as follows:
"Sec. 27. Who May File a Complaint - Complaints on cases of unlawful acts commi ed against
children as enumerated herein may be filed by the following:
"(a) Offended party;
"(b) Parents or guardians;
"(c) Ascendant or collateral rela ve within the third degree of consanguinity;
"(d) Officer, social worker or representa ve of a licensed child-caring ins tu on;
"(e) Officer or social worker of the Department of Social Welfare and Development;
"(f) Barangay chairman of the place where the viola on occurred, where the child is residing or
employed; or
"(g) At least three (3) concerned, responsible ci zens where the viola on occurred."
Section 9. The same Act is hereby further amended by adding new sec ons to Sec on 16 to be
denominated as Sec ons 16-A, 16-B and 16-C to read as follows:
"Sec. 16-A. Jurisdiction - The family courts shall have original jurisdic on over all cases involving
offenses punishable under this Act: Provided, That in ci es or provinces where there are no family
courts yet, the regional trial courts and the municipal trial courts shall have concurrent jurisdic on
depending on the penal es prescribed for the offense charged.
"The preliminary inves ga on of cases filed under this Act shall be terminated within a period of
thirty (30) days from the date of filing.
"If the preliminary inves ga on establishes a prima facie case, then the corresponding informa on
shall be filed in court within forty eight (48) hours from the termina on of the inves ga on.
"Trial of cases under this Act shall be terminated by the court not later than ninety (90) days from
the date of filing of informa on. Decision on said cases shall be rendered within a period of fi een
(15) days from the date of submission of the case.
"Sec. 15. Exemptions from Filing Fees. - When the vic m of child labor ins tutes a separate civil
ac on for the recovery of civil damages, he/she shall be exempt from payment of filing fees.
"Sec. 16-C. Access to Immediate Legal, Medical and Psycho-Social Services - The working child shall
have the right to free legal, medical and psycho-social services to be provided by the State."
Section 10. Implementing Rules and Regulations - The Secretary of Labor and Employment, in
coordina on with the Commi ees on Labor and Employment of both Houses of Congress, shall issue
the necessary Implemen ng Rules and Regula ons (IRR) to effec vely implement the provisions of
this Act, in consulta on with concerned public and private sectors, within sixty (60) days from the
effec vity of this Act.
Such rules and regula ons shall take effect upon their publica on in two (2) na onal newspapers of
general circula on.
Section 11. Separability Clause. - If any provision of this Act is declared invalid or uncons tu onal,
the validity of the remaining provisions hereof shall remain in full force and effect.
Section 12. Repealing Clause. - All laws, decrees, or rules inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.
Section 13. Effectivity. - This Act shall take effect fi een (15) days from the date of its complete
publica on in the Official Gazette or in at least two (2) na onal newspapers of general circula on.
Republic Act 7658
AN ACT PROHIBITING THE EMPLOYMENT OF CHILDREN BELOW 15 YEARS OF AGE IN PUBLIC
AND PRIVATE UNDERTAKINGS, AMENDING FOR ITS PURPOSE SECTION 12, ARTICLE VIII OF
R.A. 7610.
Section 1. Sec on 12, Ar cle VIII of R. A. No. 7610 otherwise known as the "Special Protec on of
Children Against Child Abuse, Exploita on and Discrimina on Act" is hereby amended to read as
follows:
"Sec. 12. Employment of Children. — Children below fi een (15) years of age shall not be employed
except:
(1) When a child works directly under the sole responsibility of his parents or legal guardian and
where only members of the employer's family are employed: Provided, however, That his
employment neither endangers his life, safety, health and morals, nor impairs his normal
development; Provided, further, That the parent or legal guardian shall provide the said minor child
with the prescribed primary and/or secondary educa on; or
(2) Where a child's employment or par cipa on in public entertainment or informa on through
cinema, theater, radio or television is essen al: Provided, The employment contract is concluded by
the child's parents or legal guardian, with the express agreement of the child concerned, if possible,
and the approval of the Department of Labor and Employment: and Provided, That the following
requirements in all instances are strictly complied with:
(a) The employer shall ensure the protec on, health, safety, morals and normal development of the
child;
(b) The employer shall ins tute measures to prevent the child's exploita on or discrimina on taking
into account the system and level of remunera on, and the dura on and arrangement of working
me; and
(c) The employer shall formulate and implement, subject to the approval and supervision of
competent authori es, a con nuing program for training and skills acquisi on of the child.
In the above excep onal cases where any such child may be employed, the employer shall first
secure, before engaging such child, a work permit from the Department of Labor and Employment
which shall ensure observance of the above requirements.
The Department of Labor and Employment shall promulgate rules and regula ons necessary for the
effec ve implementa on of this Sec on."
Sec. 2. All laws, decrees, execu ve orders, rules and regula ons or parts thereof contrary to, or
inconsistent with this Act are hereby modified or repealed accordingly.
Sec. 3. This Act shall take effect fi een (15) days a er its complete publica on in the Official Gaze e
or in at least two (2) na onal newspapers or general circula on whichever comes earlier.
Republic Act No. 9262 March 08, 2004
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR
PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title.- This Act shall be known as the "An -Violence Against Women and Their
Children Act of 2004".
SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women
and children and guarantees full respect for human rights. The State also recognizes the need to
protect the family and its members par cularly women and children, from violence and threats to
their personal safety and security.
Towards this end, the State shall exert efforts to address violence commi ed against women and
children in keeping with the fundamental freedoms guaranteed under the Cons tu on and the
Provisions of the Universal Declara on of Human Rights, the conven on on the Elimina on of all
forms of discrimina on Against Women, Conven on on the Rights of the Child and other
interna onal human rights instruments of which the Philippines is a party.
SECTION 3. Definition of Terms.- As used in this Act,
(a) "Violence against women and their children" refers to any act or a series of acts commi ed by
any person against a woman who is his wife, former wife, or against a woman with whom the person
has or had a sexual or da ng rela onship, or with whom he has a common child, or against her child
whether legi mate or illegi mate, within or without the family abode, which result in or is likely to
result in physical, sexual, psychological harm or suffering, or economic abuse including threats of
such acts, ba ery, assault, coercion, harassment or arbitrary depriva on of liberty. It includes, but is
not limited to, the following acts:
A. "Physical Violence" refers to acts that include bodily or physical harm;
B. "Sexual violence" refers to an act which is sexual in nature, commi ed against a woman or her
child. It includes, but is not limited to:
a) rape, sexual harassment, acts of lasciviousness, trea ng a woman or her child as a sex object,
making demeaning and sexually sugges ve remarks, physically a acking the sexual parts of the
vic m's body, forcing her/him to watch obscene publica ons and indecent shows or forcing the
woman or her child to do indecent acts and/or make films thereof, forcing the wife and
mistress/lover to live in the conjugal home or sleep together in the same room with the abuser;
b) acts causing or a emp ng to cause the vic m to engage in any sexual ac vity by force, threat of
force, physical or other harm or threat of physical or other harm or coercion;
c) Pros tu ng the woman or child.
C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emo onal
suffering of the vic m such as but not limited to in mida on, harassment, stalking, damage to
property, public ridicule or humilia on, repeated verbal abuse and mental infidelity. It includes
causing or allowing the vic m to witness the physical, sexual or psychological abuse of a member of
the family to which the vic m belongs, or to witness pornography in any form or to witness abusive
injury to pets or to unlawful or unwanted depriva on of the right to custody and/or visita on of
common children.
D. "Economic abuse" refers to acts that make or a empt to make a woman financially dependent
which includes, but is not limited to the following:
1. withdrawal of financial support or preven ng the vic m from engaging in any legi mate
profession, occupa on, business or ac vity, except in cases wherein the other spouse/partner
objects on valid, serious and moral grounds as defined in Ar cle 73 of the Family Code;
2. depriva on or threat of depriva on of financial resources and the right to the use and enjoyment
of the conjugal, community or property owned in common;
3. destroying household property;
4. controlling the vic ms' own money or proper es or solely controlling the conjugal money or
proper es.
(b) "Battery" refers to an act of inflic ng physical harm upon the woman or her child resul ng to the
physical and psychological or emo onal distress.
(c) "Battered Woman Syndrome" refers to a scien fically defined pa ern of psychological and
behavioral symptoms found in women living in ba ering rela onships as a result of cumula ve
abuse.
(d) "Stalking" refers to an inten onal act commi ed by a person who, knowingly and without lawful
jus fica on follows the woman or her child or places the woman or her child under surveillance
directly or indirectly or a combina on thereof.
(e) "Dating relationship" refers to a situa on wherein the par es live as husband and wife without
the benefit of marriage or are roman cally involved over me and on a con nuing basis during the
course of the rela onship. A casual acquaintance or ordinary socializa on between two individuals
in a business or social context is not a da ng rela onship.
(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a
common child.
(g) "Safe place or shelter" refers to any home or ins tu on maintained or managed by the
Department of Social Welfare and Development (DSWD) or by any other agency or voluntary
organiza on accredited by the DSWD for the purposes of this Act or any other suitable place the
resident of which is willing temporarily to receive the vic m.
(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking
care of themselves as defined under Republic Act No. 7610. As used in this Act, it includes the
biological children of the vic m and other children under her care.
SECTION 4. Construction.- This Act shall be liberally construed to promote the protec on and safety
of vic ms of violence against women and their children.
SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against
women and their children is commi ed through any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) A emp ng to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(e) A emp ng to compel or compelling the woman or her child to engage in conduct which the
woman or her child has the right to desist from or desist from conduct which the woman or her child
has the right to engage in, or a emp ng to restrict or restric ng the woman's or her child's freedom
of movement or conduct by force or threat of force, physical or other harm or threat of physical or
other harm, or in mida on directed against the woman or child. This shall include, but not limited
to, the following acts commi ed with the purpose or effect of controlling or restric ng the woman's
or her child's movement or conduct:
(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family;
(2) Depriving or threatening to deprive the woman or her children of financial support legally due
her or her family, or deliberately providing the woman's children insufficient financial support;
(3) Depriving or threatening to deprive the woman or her child of a legal right;
(4) Preven ng the woman in engaging in any legi mate profession, occupa on, business or ac vity
or controlling the vic m's own mon4ey or proper es, or solely controlling the conjugal or common
money, or proper es;
(f) Inflic ng or threatening to inflict physical harm on oneself for the purpose of controlling her
ac ons or decisions;
(g) Causing or a emp ng to cause the woman or her child to engage in any sexual ac vity which
does not cons tute rape, by force or threat of force, physical harm, or through in mida on directed
against the woman or her child or her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms
or causes substan al emo onal or psychological distress to the woman or her child. This shall
include, but not be limited to, the following acts:
(1) Stalking or following the woman or her child in public or private places;
(2) Peering in the window or lingering outside the residence of the woman or her child;
(3) Entering or remaining in the dwelling or on the property of the woman or her child against
her/his will;
(4) Destroying the property and personal belongings or inflic ng harm to animals or pets of the
woman or her child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emo onal anguish, public ridicule or humilia on to the woman or her child,
including, but not limited to, repeated verbal and emo onal abuse, and denial of financial support or
custody of minor children of access to the woman's child/children.
SECTION 6. Penalties.- The crime of violence against women and their children, under Sec on 5
hereof shall be punished according to the following rules:
(a) Acts falling under Sec on 5(a) cons tu ng a empted, frustrated or consummated parricide or
murder or homicide shall be punished in accordance with the provisions of the Revised Penal Code.
If these acts resulted in mu la on, it shall be punishable in accordance with the Revised Penal Code;
those cons tu ng serious physical injuries shall have the penalty of prison mayor; those cons tu ng
less serious physical injuries shall be punished by prision correccional; and those cons tu ng slight
physical injuries shall be punished by arresto mayor.
Acts falling under Sec on 5(b) shall be punished by imprisonment of two degrees lower than the
prescribed penalty for the consummated crime as specified in the preceding paragraph but shall in
no case be lower than arresto mayor.
(b) Acts falling under Sec on 5(c) and 5(d) shall be punished by arresto mayor;
(c) Acts falling under Sec on 5(e) shall be punished by prision correccional;
(d) Acts falling under Sec on 5(f) shall be punished by arresto mayor;
(e) Acts falling under Sec on 5(g) shall be punished by prision mayor;
(f) Acts falling under Sec on 5(h) and Sec on 5(i) shall be punished by prision mayor.
If the acts are commi ed while the woman or child is pregnant or commi ed in the presence of her
child, the penalty to be applied shall be the maximum period of penalty prescribed in the sec on.
In addi on to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One
hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos
(300,000.00); (b) undergo mandatory psychological counseling or psychiatric treatment and shall
report compliance to the court.
SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have original and
exclusive jurisdic on over cases of violence against women and their children under this law. In the
absence of such court in the place where the offense was commi ed, the case shall be filed in the
Regional Trial Court where the crime or any of its elements was commi ed at the op on of the
compliant.
SECTION 8. Protection Orders.- A protec on order is an order issued under this act for the purpose
of preven ng further acts of violence against a woman or her child specified in Sec on 5 of this Act
and gran ng other necessary relief. The relief granted under a protec on order serve the purpose of
safeguarding the vic m from further harm, minimizing any disrup on in the vic m's daily life, and
facilita ng the opportunity and ability of the vic m to independently regain control over her life. The
provisions of the protec on order shall be enforced by law enforcement agencies. The protec on
orders that may be issued under this Act are the barangay protec on order (BPO), temporary
protec on order (TPO) and permanent protec on order (PPO). The protec on orders that may be
issued under this Act shall include any, some or all of the following reliefs:
(a) Prohibi on of the respondent from threatening to commit or commi ng, personally or through
another, any of the acts men oned in Sec on 5 of this Act;
(b) Prohibi on of the respondent from harassing, annoying, telephoning, contac ng or otherwise
communica ng with the pe oner, directly or indirectly;
(c) Removal and exclusion of the respondent from the residence of the pe oner, regardless of
ownership of the residence, either temporarily for the purpose of protec ng the pe oner, or
permanently where no property rights are violated, and if respondent must remove personal effects
from the residence, the court shall direct a law enforcement agent to accompany the respondent has
gathered his things and escort respondent from the residence;
(d) Direc ng the respondent to stay away from pe oner and designated family or household
member at a distance specified by the court, and to stay away from the residence, school, place of
employment, or any specified place frequented by the pe oner and any designated family or
household member;
(e) Direc ng lawful possession and use by pe oner of an automobile and other essen al personal
effects, regardless of ownership, and direc ng the appropriate law enforcement officer to
accompany the pe oner to the residence of the par es to ensure that the pe oner is safely
restored to the possession of the automobile and other essen al personal effects, or to supervise
the pe oner's or respondent's removal of personal belongings;
(f) Gran ng a temporary or permanent custody of a child/children to the pe oner;
(g) Direc ng the respondent to provide support to the woman and/or her child if en tled to legal
support. Notwithstanding other laws to the contrary, the court shall order an appropriate percentage
of the income or salary of the respondent to be withheld regularly by the respondent's employer for
the same to be automa cally remi ed directly to the woman. Failure to remit and/or withhold or
any delay in the remi ance of support to the woman and/or her child without jus fiable cause shall
render the respondent or his employer liable for indirect contempt of court;
(h) Prohibi on of the respondent from any use or possession of any firearm or deadly weapon and
order him to surrender the same to the court for appropriate disposi on by the court, including
revoca on of license and disqualifica on to apply for any license to use or possess a firearm. If the
offender is a law enforcement agent, the court shall order the offender to surrender his firearm and
shall direct the appropriate authority to inves gate on the offender and take appropriate ac on on
ma er;
(i) Res tu on for actual damages caused by the violence inflicted, including, but not limited to,
property damage, medical expenses, childcare expenses and loss of income;
(j) Direc ng the DSWD or any appropriate agency to provide pe oner may need; and
(k) Provision of such other forms of relief as the court deems necessary to protect and provide for
the safety of the pe oner and any designated family or household member, provided pe oner
and any designated family or household member consents to such relief.
Any of the reliefs provided under this sec on shall be granted even in the absence of a decree of
legal separa on or annulment or declara on of absolute nullity of marriage.
The issuance of a BPO or the pendency of an applica on for BPO shall not preclude a pe oner from
applying for, or the court from gran ng a TPO or PPO.
SECTION 9. Who may file Petition for Protection Orders. – A pe on for protec on order may be
filed by any of the following:
(a) the offended party;
(b) parents or guardians of the offended party;
(c) ascendants, descendants or collateral rela ves within the fourth civil degree of consanguinity or
affinity;
(d) officers or social workers of the DSWD or social workers of local government units (LGUs);
(e) police officers, preferably those in charge of women and children's desks;
(f) Punong Barangay or Barangay Kagawad;
(g) lawyer, counselor, therapist or healthcare provider of the pe oner;
(h) At least two (2) concerned responsible ci zens of the city or municipality where the violence
against women and their children occurred and who has personal knowledge of the offense
commi ed.
SECTION 10. Where to Apply for a Protection Order. – Applica ons for BPOs shall follow the rules on
venue under Sec on 409 of the Local Government Code of 1991 and its implemen ng rules and
regula ons. An applica on for a TPO or PPO may be filed in the regional trial court, metropolitan
trial court, municipal trial court, municipal circuit trial court with territorial jurisdic on over the
place of residence of the pe oner: Provided, however, That if a family court exists in the place of
residence of the pe oner, the applica on shall be filed with that court.
SECTION 11. How to Apply for a Protection Order. – The applica on for a protec on order must be in
wri ng, signed and verified under oath by the applicant. It may be filed as an independent ac on or
as incidental relief in any civil or criminal case the subject ma er or issues thereof partakes of a
violence as described in this Act. A standard protec on order applica on form, wri en in English
with transla on to the major local languages, shall be made available to facilitate applica ons for
protec ons order, and shall contain, among other, the following informa on:
(a) names and addresses of pe oner and respondent;
(b) descrip on of rela onships between pe oner and respondent;
(c) a statement of the circumstances of the abuse;
(d) descrip on of the reliefs requested by pe oner as specified in Sec on 8 herein;
(e) request for counsel and reasons for such;
(f) request for waiver of applica on fees un l hearing; and
(g) an a esta on that there is no pending applica on for a protec on order in another court.
If the applicants is not the vic m, the applica on must be accompanied by an affidavit of the
applicant a es ng to (a) the circumstances of the abuse suffered by the vic m and (b) the
circumstances of consent given by the vic m for the filling of the applica on. When disclosure of the
address of the vic m will pose danger to her life, it shall be so stated in the applica on. In such a
case, the applicant shall a est that the vic m is residing in the municipality or city over which court
has territorial jurisdic on, and shall provide a mailing address for purpose of service processing.
An applica on for protec on order filed with a court shall be considered an applica on for both a
TPO and PPO.
Barangay officials and court personnel shall assist applicants in the prepara on of the applica on.
Law enforcement agents shall also extend assistance in the applica on for protec on orders in cases
brought to their a en on.
SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this Act shall be
enforceable anywhere in the Philippines and a viola on thereof shall be punishable with a fine
ranging from Five Thousand Pesos (P5,000.00) to Fi y Thousand Pesos (P50,000.00) and/or
imprisonment of six (6) months.
SECTION 13. Legal Representation of Petitioners for Protection Order. – If the woman or her child
requests in the applica ons for a protec on order for the appointment of counsel because of lack of
economic means to hire a counsel de parte, the court shall immediately direct the Public A orney's
Office (PAO) to represent the pe oner in the hearing on the applica on. If the PAO determines that
the applicant can afford to hire the services of a counsel de parte, it shall facilitate the legal
representa on of the pe oner by a counsel de parte. The lack of access to family or conjugal
resources by the applicant, such as when the same are controlled by the perpetrator, shall qualify
the pe oner to legal representa on by the PAO.
However, a private counsel offering free legal service is not barred from represen ng the pe oner.
SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protec on
Orders (BPOs) refer to the protec on order issued by the Punong Barangay ordering the perpetrator
to desist from commi ng acts under Sec on 5 (a) and (b) of this Act. A Punong Barangay who
receives applica ons for a BPO shall issue the protec on order to the applicant on the date of filing
a er ex parte determina on of the basis of the applica on. If the Punong Barangay is unavailable to
act on the applica on for a BPO, the applica on shall be acted upon by any available Barangay
Kagawad. If the BPO is issued by a Barangay Kagawad the order must be accompanied by an
a esta on by the Barangay Kagawad that the Punong Barangay was unavailable at the me for the
issuance of the BPO. BPOs shall be effec ve for fi een (15) days. Immediately a er the issuance of
an ex parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy of the
same on the respondent, or direct any barangay official to effect is personal service.
The par es may be accompanied by a non-lawyer advocate in any proceeding before the Punong
Barangay.
SECTION 15. Temporary Protection Orders. – Temporary Protec on Orders (TPOs) refers to the
protec on order issued by the court on the date of filing of the applica on a er ex parte
determina on that such order should be issued. A court may grant in a TPO any, some or all of the
reliefs men oned in this Act and shall be effec ve for thirty (30) days. The court shall schedule a
hearing on the issuance of a PPO prior to or on the date of the expira on of the TPO. The court shall
order the immediate personal service of the TPO on the respondent by the court sheriff who may
obtain the assistance of law enforcement agents for the service. The TPO shall include no ce of the
date of the hearing on the merits of the issuance of a PPO.
SECTION 16. Permanent Protection Orders. – Permanent Protec on Order (PPO) refers to protec on
order issued by the court a er no ce and hearing.
Respondents non-appearance despite proper no ce, or his lack of a lawyer, or the non-availability of
his lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the
issuance of a PPO. If the respondents appears without counsel on the date of the hearing on the
PPO, the court shall appoint a lawyer for the respondent and immediately proceed with the hearing.
In case the respondent fails to appear despite proper no ce, the court shall allow ex parte
presenta on of the evidence by the applicant and render judgment on the basis of the evidence
presented. The court shall allow the introduc on of any history of abusive conduct of a respondent
even if the same was not directed against the applicant or the person for whom the applicant is
made.
The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in
one (1) day. Where the court is unable to conduct the hearing within one (1) day and the TPO issued
is due to expire, the court shall con nuously extend or renew the TPO for a period of thirty (30) days
at each par cular me un l final judgment is issued. The extended or renewed TPO may be modified
by the court as may be necessary or applicable to address the needs of the applicant.
The court may grant any, some or all of the reliefs specified in Sec on 8 hereof in a PPO. A PPO shall
be effec ve un l revoked by a court upon applica on of the person in whose favor the order was
issued. The court shall ensure immediate personal service of the PPO on respondent.
The court shall not deny the issuance of protec on order on the basis of the lapse of me between
the act of violence and the filing of the applica on.
Regardless of the convic on or acqui al of the respondent, the Court must determine whether or
not the PPO shall become final. Even in a dismissal, a PPO shall be granted as long as there is no clear
showing that the act from which the order might arise did not exist.
SECTION 17. Notice of Sanction in Protection Orders. – The following statement must be printed in
bold-faced type or in capital le ers on the protec on order issued by the Punong Barangay or court:
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."
SECTION 18. Mandatory Period For Acting on Applications For Protection Orders – Failure to act on
an applica on for a protec on order within the reglementary period specified in the previous
sec on without jus fiable cause shall render the official or judge administra vely liable.
SECTION 19. Legal Separation Cases. – In cases of legal separa on, where violence as specified in
this Act is alleged, Ar cle 58 of the Family Code shall not apply. The court shall proceed on the main
case and other incidents of the case as soon as possible. The hearing on any applica on for a
protec on order filed by the pe oner must be conducted within the mandatory period specified in
this Act.
SECTION 20. Priority of Application for a Protection Order. – Ex parte and adversarial hearings to
determine the basis of applica ons for a protec on order under this Act shall have priority over all
other proceedings. Barangay officials and the courts shall schedule and conduct hearings on
applica ons for a protec on order under this Act above all other business and, if necessary, suspend
other proceedings in order to hear applica ons for a protec on order.
SECTION 21. Violation of Protection Orders. – A complaint for a viola on of a BPO issued under this
Act must be filed directly with any municipal trial court, metropolitan trial court, or municipal circuit
trial court that has territorial jurisdic on over the barangay that issued the BPO. Viola on of a BPO
shall be punishable by imprisonment of thirty (30) days without prejudice to any other criminal or
civil ac on that the offended party may file for any of the acts commi ed.
A judgement of viola on of a BPO ma be appealed according to the Rules of Court. During trial and
upon judgment, the trial court may motu proprio issue a protec on order as it deems necessary
without need of an applica on.
Viola on of any provision of a TPO or PPO issued under this Act shall cons tute contempt of court
punishable under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil
ac on that the offended party may file for any of the acts commi ed.
SECTION 22. Applicability of Protection Orders to Criminal Cases. – The foregoing provisions on
protec on orders shall be applicable in impliedly ins tuted with the criminal ac ons involving
violence against women and their children.
SECTION 23. Bond to Keep the Peace. – The Court may order any person against whom a protec on
order is issued to give a bond to keep the peace, to present two sufficient sure es who shall
undertake that such person will not commit the violence sought to be prevented.
Should the respondent fail to give the bond as required, he shall be detained for a period which shall
in no case exceed six (6) months, if he shall have been prosecuted for acts punishable under Sec on
5(a) to 5(f) and not exceeding thirty (30) days, if for acts punishable under Sec on 5(g) to 5(I).
The protec on orders referred to in this sec on are the TPOs and the PPOs issued only by the courts.
SECTION 24. Prescriptive Period. – Acts falling under Sec ons 5(a) to 5(f) shall prescribe in twenty
(20) years. Acts falling under Sec ons 5(g) to 5(I) shall prescribe in ten (10) years.
SECTION 25. Public Crime. – Violence against women and their children shall be considered a public
offense which may be prosecuted upon the filing of a complaint by any ci zen having personal
knowledge of the circumstances involving the commission of the crime.
SECTION 26. Battered Woman Syndrome as a Defense. – Vic m-survivors who are found by the
courts to be suffering from ba ered woman syndrome do not incur any criminal and civil liability
notwithstanding the absence of any of the elements for jus fying circumstances of self-defense
under the Revised Penal Code.
In the determina on of the state of mind of the woman who was suffering from ba ered woman
syndrome at the me of the commission of the crime, the courts shall be assisted by expert
psychiatrists/ psychologists.
SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or any other
mind-altering substance shall not be a defense under this Act.
SECTION 28. Custody of children. – The woman vic m of violence shall be en tled to the custody and
support of her child/children. Children below seven (7) years old older but with mental or physical
disabili es shall automa cally be given to the mother, with right to support, unless the court finds
compelling reasons to order otherwise.
A vic m who is suffering from ba ered woman syndrome shall not be disqualified from having
custody of her children. In no case shall custody of minor children be given to the perpetrator of a
woman who is suffering from Ba ered woman syndrome.
SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court personnel should
observe the following du es when dealing with vic ms under this Act:
a) communicate with the vic m in a language understood by the woman or her child; and
b) inform the vic m of her/his rights including legal remedies available and procedure, and privileges
for indigent li gants.
SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law enforcers
shall have the following du es:
(a) respond immediately to a call for help or request for assistance or protec on of the vic m by
entering the necessary whether or not a protec on order has been issued and ensure the safety of
the vic m/s;
(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view;
(c) transport or escort the vic m/s to a safe place of their choice or to a clinic or hospital;
(d) assist the vic m in removing personal belongs from the house;
(e) assist the barangay officials and other government officers and employees who respond to a call
for help;
(f) ensure the enforcement of the Protec on Orders issued by the Punong Barangy or the courts;
(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence defined by
this Act is occurring, or when he/she has personal knowledge that any act of abuse has just been
commi ed, and there is imminent danger to the life or limb of the vic m as defined in this Act; and
(h) immediately report the call for assessment or assistance of the DSWD, social Welfare Department
of LGUs or accredited non-government organiza ons (NGOs).
Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not
exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administra ve
liability.
SECTION 31. Healthcare Provider Response to Abuse – Any healthcare provider, including, but not
limited to, an a ending physician, nurse, clinician, barangay health worker, therapist or counselor
who suspects abuse or has been informed by the vic m of violence shall:
(a) properly document any of the vic m's physical, emo onal or psychological injuries;
(b) properly record any of vic m's suspicions, observa ons and circumstances of the examina on or
visit;
(c) automa cally provide the vic m free of charge a medical cer ficate concerning the examina on
or visit;
(d) safeguard the records and make them available to the vic m upon request at actual cost; and
(e) provide the vic m immediate and adequate no ce of rights and remedies provided under this
Act, and services available to them.
SECTION 32. Duties of Other Government Agencies and LGUs – Other government agencies and LGUs
shall establish programs such as, but not limited to, educa on and informa on campaign and
seminars or symposia on the nature, causes, incidence and consequences of such violence
par cularly towards educa ng the public on its social impacts.
It shall be the duty of the concerned government agencies and LGU's to ensure the sustained
educa on and training of their officers and personnel on the preven on of violence against women
and their children under the Act.
SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court hearing an
applica on for a protec on order shall not order, direct, force or in any way unduly influence he
applicant for a protec on order to compromise or abandon any of the reliefs sought in the
applica on for protec on under this Act. Sec on 7 of the Family Courts Act of 1997 and Sec ons
410, 411, 412 and 413 of the Local Government Code of 1991 shall not apply in proceedings where
relief is sought under this Act.
Failure to comply with this Sec on shall render the official or judge administra vely liable.
SECTION 34. Persons Intervening Exempt from Liability. – In every case of violence against women
and their children as herein defined, any person, private individual or police authority or barangay
official who, ac ng in accordance with law, responds or intervenes without using violence or
restraint greater than necessary to ensure the safety of the vic m, shall not be liable for any
criminal, civil or administra ve liability resul ng therefrom.
SECTION 35. Rights of Victims. – In addi on to their rights under exis ng laws, vic ms of violence
against women and their children shall have the following rights:
(a) to be treated with respect and dignity;
(b) to avail of legal assistance form the PAO of the Department of Jus ce (DOJ) or any public legal
assistance office;
(c) To be en tled to support services form the DSWD and LGUs'
(d) To be en tled to all legal remedies and support as provided for under the Family Code; and
(e) To be informed of their rights and the services available to them including their right to apply for
a protec on order.
SECTION 36. Damages. – Any vic m of violence under this Act shall be en tled to actual,
compensatory, moral and exemplary damages.
SECTION 37. Hold Departure Order. – The court shall expedite the process of issuance of a hold
departure order in cases prosecuted under this Act.
SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. – If the vic m is an
indigent or there is an immediate necessity due to imminent danger or threat of danger to act on an
applica on for a protec on order, the court shall accept the applica on without payment of the
filing fee and other fees and of transcript of stenographic notes.
SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). In
pursuance of the abovemen oned policy, there is hereby established an Inter-Agency Council on
Violence Against Women and their children, hereina er known as the Council, which shall be
composed of the following agencies:
(a) Department of Social Welfare and Development (DSWD);
(b) Na onal Commission on the Role of Filipino Women (NCRFW);
(c) Civil Service Commission (CSC);
(d) Commission on Human rights (CHR)
(e) Council for the Welfare of Children (CWC);
(f) Department of Jus ce (DOJ);
(g) Department of the Interior and Local Government (DILG);
(h) Philippine Na onal Police (PNP);
(i) Department of Health (DOH);
(j) Department of Educa on (DepEd);
(k) Department of Labor and Employment (DOLE); and
(l) Na onal Bureau of Inves ga on (NBI).
These agencies are tasked to formulate programs and projects to eliminate VAW based on their
mandates as well as develop capability programs for their employees to become more sensi ve to
the needs of their clients. The Council will also serve as the monitoring body as regards to VAW
ini a ves.
The Council members may designate their duly authorized representa ve who shall have a rank not
lower than an assistant secretary or its equivalent. These representa ves shall a end Council
mee ngs in their behalf, and shall receive emoluments as may be determined by the Council in
accordance with exis ng budget and accoun ng rules and regula ons.
SECTION 40. Mandatory Programs and Services for Victims. – The DSWD, and LGU's shall provide the
vic ms temporary shelters, provide counseling, psycho-social services and /or, recovery,
rehabilita on programs and livelihood assistance.
The DOH shall provide medical assistance to vic ms.
SECTION 41. Counseling and Treatment of Offenders. – The DSWD shall provide rehabilita ve
counseling and treatment to perpetrators towards learning construc ve ways of coping with anger
and emo onal outbursts and reforming their ways. When necessary, the offender shall be ordered
by the Court to submit to psychiatric treatment or confinement.
SECTION 42. Training of Persons Involved in Responding to Violence Against Women and their
Children Cases. – All agencies involved in responding to violence against women and their children
cases shall be required to undergo educa on and training to acquaint them with:
a. the nature, extend and causes of violence against women and their children;
b. the legal rights of, and remedies available to, vic ms of violence against women and their
children;
c. the services and facili es available to vic ms or survivors;
d. the legal du es imposed on police officers to make arrest and to offer protec on and assistance;
and
e. techniques for handling incidents of violence against women and their children that minimize the
likelihood of injury to the officer and promote the safety of the vic m or survivor.
The PNP, in coordina on with LGU's shall establish an educa on and training program for police
officers and barangay officials to enable them to properly handle cases of violence against women
and their children.
SECTION 43. Entitled to Leave. – Vic ms under this Act shall be en tled to take a paid leave of
absence up to ten (10) days in addi on to other paid leaves under the Labor Code and Civil Service
Rules and Regula ons, extendible when the necessity arises as specified in the protec on order.
Any employer who shall prejudice the right of the person under this sec on shall be penalized in
accordance with the provisions of the Labor Code and Civil Service Rules and Regula ons. Likewise,
an employer who shall prejudice any person for assis ng a co-employee who is a vic m under this
Act shall likewise be liable for discrimina on.
SECTION 44. Confidentiality. – All records pertaining to cases of violence against women and their
children including those in the barangay shall be confiden al and all public officers and employees
and public or private clinics to hospitals shall respect the right to privacy of the vic m. Whoever
publishes or causes to be published, in any format, the name, address, telephone number, school,
business address, employer, or other iden fying informa on of a vic m or an immediate family
member, without the la er's consent, shall be liable to the contempt power of the court.
Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a
fine of not more than Five Hundred Thousand pesos (P500,000.00).
SECTION 45. Funding – The amount necessary to implement the provisions of this Act shall be
included in the annual General Appropria ons Act (GAA).
The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be used to
implement services for vic m of violence against women and their children.
SECTION 46. Implementing Rules and Regulations. – Within six (6) months from the approval of this
Act, the DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (3) representa ves
from NGOs to be iden fied by the NCRFW, shall promulgate the Implemen ng Rules and Regula ons
(IRR) of this Act.
SECTION 47. Suppletory Application – For purposes of this Act, the Revised Penal Code and other
applicable laws, shall have suppletory applica on.
SECTION 48. Separability Clause. – If any sec on or provision of this Act is held uncons tu onal or
invalid, the other sec ons or provisions shall not be affected.
SECTION 49. Repealing Clause – All laws, Presiden al decrees, execu ve orders and rules and
regula ons, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.
SECTION 50. Effectivity – This Act shall take effect fi een (15) days from the date of its complete
publica on in at least two (2) newspapers of general circula on.
REPUBLIC ACT No. 7877
AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR
TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES.
Be it enacted by the Senate and House of Representa ves of the Philippines in Congress assembled:
Section 1. Title. - This Act shall be known as the "An -Sexual Harassment Act of 1995."
Section 2. Declaration of Policy. - The State shall value the dignity of every individual, enhance the
development of its human resources, guarantee full respect for human rights, and uphold the dignity
of workers, employees, applicants for employment, students or those undergoing training,
instruc on or educa on. Towards this end, all forms of sexual harassment in the employment,
educa on or training environment are hereby declared unlawful.
Section 3. Work, Education or Training -Related, Sexual Harassment Defined. - Work, educa on or
training-related sexual harassment is commi ed by an employer, employee, manager, supervisor,
agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having
authority, influence or moral ascendancy over another in a work or training or educa on
environment, demands, requests or otherwise requires any sexual favor from the other, regardless of
whether the demand, request or requirement for submission is accepted by the object of said Act.
(a) In a work-related or employment environment, sexual harassment is commi ed when:
(1) The sexual favor is made as a condi on in the hiring or in the employment, re-employment or
con nued employment of said individual, or in gran ng said individual favorable compensa on,
terms of condi ons, promo ons, or privileges; or the refusal to grant the sexual favor results in
limi ng, segrega ng or classifying the employee which in any way would discriminate, deprive
ordiminish employment opportuni es or otherwise adversely affect said employee;
(2) The above acts would impair the employee's rights or privileges under exis ng labor laws; or
(3) The above acts would result in an in mida ng, hos le, or offensive environment for the
employee.
(b) In an educa on or training environment, sexual harassment is commi ed:
(1) Against one who is under the care, custody or supervision of the offender;
(2) Against one whose educa on, training, appren ceship or tutorship is entrusted to the offender;
(3) When the sexual favor is made a condi on to the giving of a passing grade, or the gran ng of
honors and scholarships, or the payment of a s pend, allowance or other benefits, privileges, or
considera on; or
(4) When the sexual advances result in an in mida ng, hos le or offensive environment for the
student, trainee or appren ce.
Any person who directs or induces another to commit any act of sexual harassment as herein
defined, or who cooperates in the commission thereof by another without which it would not have
been commi ed, shall also be held liable under this Act.
Section 4. Duty of the Employer or Head of Office in a Work-related, Educa on or Training
Environment. - It shall be the duty of the employer or the head of the work-related, educa onal or
training environment or ins tu on, to prevent or deter the commission of acts of sexual harassment
and to provide the procedures for the resolu on, se lement or prosecu on of acts of sexual
harassment. Towards this end, the employer or head of office shall:
(a) Promulgate appropriate rules and regula ons in consulta on with and joint1y approved by the
employees or students or trainees, through their duly designated representa ves, prescribing the
procedure for the inves ga on of sexual harassment cases and the administra ve sanc ons therefor.
Administra ve sanc ons shall not be a bar to prosecu on in the proper courts for unlawful acts of
sexual harassment.
The said rules and regula ons issued pursuant to this subsec on (a) shall include, among others,
guidelines on proper decorum in the workplace and educa onal or training ins tu ons.
(b) Create a commi ee on decorum and inves ga on of cases on sexual harassment. The commi ee
shall conduct mee ngs, as the case may be, with officers and employees, teachers, instructors,
professors, coaches, trainors, and students or trainees to increase understanding and prevent
incidents of sexual harassment. It shall also conduct the inves ga on of alleged cases cons tu ng
sexual harassment.
In the case of a work-related environment, the commi ee shall be composed of at least one (1)
representa ve each from the management, the union, if any, the employees from the supervisory
rank, and from the rank and file employees.
In the case of the educa onal or training ins tu on, the commi ee shall be composed of at least
one (1) representa ve from the administra on, the trainors, instructors, professors or coaches and
students or trainees, as the case may be.
The employer or head of office, educa onal or training ins tu on shall disseminate or post a copy of
this Act for the informa on of all concerned.
Section 5. Liability of the Employer, Head of Office, Educational or Training Institution. - The
employer or head of office, educa onal or training ins tu on shall be solidarily liable for damages
arising from the acts of sexual harassment commi ed in the employment, educa on
or training environment if the employer or head of office, educa onal or training ins tu on is
informed of such acts by the offended party and no immediate ac on is taken.
Section 6. Independent Action for Damages. - Nothing in this Act shall preclude the vic m of work,
educa on or training-related sexual harassment from ins tu ng a separate and independent ac on
for damages and other affirma ve relief.
Section 7. Penalties. - Any person who violates the provisions of this Act shall, upon convic on, be
penalized by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of
not less than Ten thousand pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or
both such fine and imprisonment at the discre on of the court.
Any ac on arising from the viola on of the provisions of this Act shall prescribe in three (3) years.
Section 8. Separability Clause. - If any por on or provision of this Act is declared void or
uncons tu onal, the remaining por ons or provisions hereof shall not be affected by such
declara on.
Section 9. Repealing Clause. - All laws, decrees, orders, rules and regula ons, other issuances, or
parts thereof inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.
Section 10. Effectivity Clause.- This Act shall take effect fi een (15) days a er its complete
publica on in at least two (2) na onal newspapers of general circula on.
REPUBLIC ACT No. 8049
AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES,
SORORITIES, AND OTHER ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR
Section 1. Hazing, as used in this Act, is an ini a on rite or prac ce as a prerequisite for admission
into membership in a fraternity, sorority or organiza on by placing the recruit, neophyte or applicant
in some embarrassing or humilia ng situa ons such as forcing him to do menial, silly, foolish and
other similar tasks or ac vi es or otherwise subjec ng him to physical or psychological suffering or
injury.
The term "organiza on" shall include any club or the Armed Forces of the Philippines, Philippine
Na onal Police, Philippine Military Academy, or officer and cadet corp of the Ci zen's Military
Training and Ci zen's Army Training. The physical, mental and psychological tes ng and training
procedure and prac ces to determine and enhance the physical, mental and psychological fitness of
prospec ve regular members of the Armed Forces of the Philippines and the Philippine Na onal
Police as approved ny the Secretary of Na onal Defense and the Na onal Police Commission duly
recommended by the Chief of Staff, Armed Forces of the Philippines and the Director General of the
Philippine Na onal Police shall not be considered as hazing for the purposes of this Act.
Section 2. No hazing or ini a on rites in any form or manner by a fraternity, sorority or organiza on
shall be allowed without prior wri en no ce to the school authori es or head of organiza on seven
(7) days before the conduct of such ini a on. The wri en no ce shall indicate the period of the
ini a on ac vi es which shall not exceed three (3) days, shall include the names of those to be
subjected to such ac vi es, and shall further contain an undertaking that no physical violence be
employed by anybody during such ini a on rites.
Section 3. The head of the school or organiza on or their representa ves must assign at least two
(2) representa ves of the school or organiza on, as the case may be, to be present during the
ini a on. It is the duty of such representa ve to see to it that no physical harm of any kind shall be
inflicted upon a recruit, neophyte or applicant.
Section 4. If the person subjected to hazing or other forms of ini a on rites suffers any physical
injury or dies as a result thereof, the officers and members of the fraternity, sorority or organiza on
who actually par cipated in the inflic on of physical harm shall be liable as principals. The person or
persons who par cipated in the hazing shall suffer:
1. The penalty of reclusion perpetua (life imprisonment) if death, rape, sodomy or mu la on results
there from.
2. The penalty of reclusion temporal in its maximum period (17 years, 4 months and 1 day to 20
years) if in consequence of the hazing the vic m shall become insane, imbecile, impotent or blind.
3. The penalty of reclusion temporal in its medium period (14 years, 8 months and one day to 17
years and 4 months) if in consequence of the hazing the vic m shall have lost the use of speech or
the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm or a leg or shall have
lost the use of any such member shall have become incapacitated for the ac vity or work in which
he was habitually engaged.
4. The penalty of reclusion temporal in its minimum period (12 years and one day to 14 years and 8
months) if in consequence of the hazing the vic m shall become deformed or shall have lost any
other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for
the performance on the ac vity or work in which he was habitually engaged for a period of more
than ninety (90) days.
5. The penalty of prison mayor in its maximum period (10 years and one day to 12 years) if in
consequence of the hazing the vic m shall have been ill or incapacitated for the performance on the
ac vity or work in which he was habitually engaged for a period of more than thirty (30) days.
6. The penalty of prison mayor in its medium period (8 years and one day to 10 years) if in
consequence of the hazing the vic m shall have been ill or incapacitated for the performance on the
ac vity or work in which he was habitually engaged for a period of ten (10) days or more, or that the
injury sustained shall require medical assistance for the same period.
7. The penalty of prison mayor in its minimum period (6 years and one day to 8 years) if in
consequence of the hazing the vic m shall have been ill or incapacitated for the performance on the
ac vity or work in which he was habitually engaged from one (1) to nine (9) days, or that the injury
sustained shall require medical assistance for the same period.
8. The penalty of prison correccional in its maximum period (4 years, 2 months and one day to 6
years) if in consequence of the hazing the vic m sustained physical injuries which do not prevent
him from engaging in his habitual ac vity or work nor require medical a endance.
The responsible officials of the school or of the police, military or ci zen's army training organiza on,
may impose the appropriate administra ve sanc ons on the person or the persons charged under
this provision even before their convic on. The maximum penalty herein provided shall be imposed
in any of the following instances:
(a) when the recruitment is accompanied by force, violence, threat, in mida on or deceit on the
person of the recruit who refuses to join;
(b) when the recruit, neophyte or applicant ini ally consents to join but upon learning that hazing
will be commi ed on his person, is prevented from qui ng;
(c) when the recruit, neophyte or applicant having undergone hazing is prevented from repor ng the
unlawful act to his parents or guardians, to the proper school authori es, or to the police
authori es, through force, violence, threat or in mida on;
(d) when the hazing is commi ed outside of the school or ins tu on; or
(e) when the vic m is below twelve (12) years of age at the me of the hazing.
The owner of the place where hazing is conducted shall be liable as an accomplice, when he has
actual knowledge of the hazing conducted therein but failed to take any ac on to prevent the same
from occurring. If the hazing is held in the home of one of the officers or members of the fraternity,
group, or organiza on, the parents shall be held liable as principals when they have actual
knowledge of the hazing conducted therein but failed to take any ac on to prevent the same from
occurring.
The school authori es including faculty members who consent to the hazing or who have actual
knowledge thereof, but failed to take any ac on to prevent the same from occurring shall be
punished as accomplices for the acts of hazing commi ed by the perpetrators.
The officers, former officers, or alumni of the organiza on, group, fraternity or sorority who actually
planned the hazing although not present when the acts cons tu ng the hazing were commi ed shall
be liable as principals. A fraternity or sorority's adviser who is present when the acts cons tu ng the
hazing were commi ed and failed to take ac on to prevent the same from occurring shall be liable
as principal.
The presence of any person during the hazing is prima facie evidence of par cipa on therein as
principal unless he prevented the commission of the acts punishable herein.
Any person charged under this provision shall not be en tled to the mi ga ng circumstance that
there was no inten on to commit so grave a wrong.
This sec on shall apply to the president, manager, director or other responsible officer of a
corpora on engaged in hazing as a requirement for employment in the manner provided herein.
Section 5. If any provision or part of this Act is declared invalid or uncons tu onal, the other parts
or provisions thereof shall remain valid and effec ve.
Section 6. All laws, orders, rules or regula ons which are inconsistent with or contrary to the
provisions of this Act are hereby amended or repealed accordingly.
Section 7. This Act shall take effect fi een (15) calendar days a er its publica on in at least two (2)
na onal newspapers of general circula on.
Republic Act No. 11053 June 29, 2018
AN ACT PROHIBITING HAZING AND REGULATING OTHER FORMS OF INITIATION RITES OF
FRATERNITIES, SORORITIES, AND OTHER ORGANIZATIONS, AND PROVIDING PENALTIES FOR
VIOLATIONS THEREFOF, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 8049, ENTITLED “AN
ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES,
SORORITIES AND ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR.
Section 1. A new sec on to be denominated as Sec on 1 is hereby inserted in Republic Act No. 8043,
to read as follows:
Sec on 1. Short Title. - This Act shall be known as the “An -Hazing Act of 2018:.
Section 2. Sec on 1 of the same Act is hereby amended to read as follows:
Sec on 2. Defini on of Terms - As used in this Act:
“(a) Hazing refers to any act that results in physical or psychological suffering,
harm, or injury inflicted on a recruit, neophyte, applicant, or member as part of an ini a on
rite or prac ce made as a prerequisite for admission or a requirement for con nuing
membership in a fraternity, sorority, or organiza on including, but not limited to, paddling,
whipping, bea ng, branding, forced calisthenics, exposure to the weather forced
consump on of any food, liquor, beverage, drug or other substance, or any other brutal
treatment or forced physical ac vity which is likely to adversely affect the physical and
psychological health of such recruit, neophyte, applicant, or member. This shall also include
any ac vity, inten onally made or otherwise, by one person alone or ac ng with others,
that tends to humiliate or embarrass, degrade, abuse, or endanger, by requiring a recruit,
neophyte, applicant, or member to do menial, silly, or foolish tasks.
“(b) Initiation or Initiation Rites refer to ceremonies, prac ces, rituals, or other
acts, whether formal or informal, that a person must perform or take part in order to be
accepted into a fraternity, sorority, or organiza on as a full-fledged member. It includes
ceremonies, rac ces, rituals, and other acts in all stages of membership in a fraternity,
sorority, or organiza on.
“(c) Organization refers to an organized body of people which includes, but is not
limited, any club, associa on, group, fraternity, and sorority. This term shall include the
Armed Forces of the Philippines (AFP), the Philippine Na onal Police (PNP), the Philippine
Military Academy (PMA), the Philippine Na onal Police Academy (PNPA), and other similar
uniformed service learning ins tu ons.
“(d) Schools refer to colleges, universi es, and all other educa on ins tu ons.”
Section 3. A new sec on to be denominated as Sec on 3 is hereby inserted in the same Act to read
as follows:
Sec on 3. Prohibition on Hazing. - All forms of hazing shall be prohibited in
fraterni es, sorori es, and organiza on in schools, including ci zens’ military training and
ci zens’ army training. This prohibi on shall likewise apply to all other fraterni es,
sorori es, and organiza ons that are not school-based, such as community-based and other
similar fraterni es, sorori es, and organiza ons: Provided, That the physical, mental, and
psychological tes ng and training procedures and prac ces to determine and enhance the
physical, mental, and psychological fitness of prospec ve regular members of the AFP and
the PNP as approved by the Secretary of Na onal Defense and the Na onal Police
Commission, duly recommended by the Chief of Staff of the AFP and the Director General of
the PNP, shall not be considered as hazing for purposes of this Act: Provided, further, That
the excep on provided herein shall likewise apply to similar procedures and prac ces
approved by the respec ve head of other uniformed learning ins tu ons as to their
prospec ve members, nor shall this provision apply to any customary athle c event or
other similar contests or compe ons or any ac vity or conduct that furthers a legal and
legi mate objec ve, subject to prior submission of a medical clearance or cer ficate.
In no case shall hazing be made a requirement for employment in any business or
corpora on.”
Section 4. Sec on 2 of the same Act is hereby amended to read as follows:
“Sec. 4. Regulation of School-Based Initiation Rites. - Only ini a on rites or
prac ces that do not cons tute hazing shall be allowed: Provided, That:
“(a) A wri en applica on to conduct ini a on rites shall be made to the proper
authori es of the school not later than seven (7) days prior to the scheduled ini a on date;
 “(b) The wri en applica on shall indicate the place and date of the ini a on rites
and the names of the recruits, neophytes, or applicants to be ini ated and the manner by
which they will conduct the ini a on rites;
“(c) Such wri en applica on shall further contain an undertaking that no harm of
any kind shall be commi ed by anybody during the ini a on rites;
“(d) The ini a on rites shall not last more than three (3) days;
“(e) The applica on shall contain the names of the incumbent officers of the
fraternity, sorority, or organiza on and any person or persons who will take charge in the
conduct of the ini a on rites;
“(f) The applica on shall be under oath with a declara on that it has been posted
in the official school bulle n board, the bulle n board of the office of the fraternity,
sorority, or organiza on, and two (2) other conspicuous places in the school or in the
premises of the organiza on; and
“(g) The applica on shall be posted from the me of submission of the wri en
no ce to the school authori es or head of organiza on and shall only be removed from its
pos ng three (3) days a er the conduct of the ini a on rites.
“The school, fraternity, sorority, or organiza on shall provide for their respec ve
bulle n boards for purposes of this sec on.
“Guidelines for the approval or denial of the applica on to conduct ini a on rites
by a registered fraternity, sorority, or organiza on shall be promulgated by the appropriate
school officials not later than sixty (60) days a er approval of this Act. The appropriate
school authori es shall have the obliga on to disapprove that applica on to conduct
ini a on rites that do not conform with any of the requirements of this sec on, and the
reasons thereof shall be stated clearly and in unequivocal terms in a formal advice to the
fraternity, sorority, or organiza on concerned, taking into considera on the safety and
security of par cipants in the ac vity.
“School official shall the authority to impose, a er due no ce and summary
hearing, disciplinary sanc ons, in accordance with school’s guidelines and regula ons on
the ma er, which shall include, but shall not be limited to, reprimand, suspension, exclusion
or expulsion, to the head and all other officers of the fraternity, sorority, or organiza on
which conducts an ini a on without first securing the necessary approval of the school as
required under this sec on. All members of the fraternity, sorority, or organiza on, who
par cipated in the unauthorized ini a on rites, even if no hazing was conducted, shall also
be punished accordingly.
“In case the wri en applica on for the conduct of ini a on rites contains false or
inaccurate informa on, appropriate disciplinary sanc ons in accordance with the school’s
guidelines and regula ons on the ma er ranging from reprimand to expulsion shall be
imposed, a er due no ce and summary hearing, against the person who prepared the
applica on or supplied the false and inaccurate informa on and to the head and other
officers of the fraternity, sorority, or organiza on concerned.”
Section 5. Sec on 3 of the same Aact is hereby amended to read as follows:
“Sec on 5. Monitoring of Initiation Rites - The head of the school or an autorized
representa ve must assign at least two (2) represenata ves of the school to be present
during the ini a on. It is the dduty of the school representa ves to see to it that no hazing
is conducted during the ini a on rites, and to document the en re proceedings. Therea er,
said representa ves who were present during the said ini a on shall make a report of the
ini a on rites to the appropriate officials of the school regarding the conduct of the said
ini a on: Provided, That if hazing is s ll commi ed their presence, no liability shall a ach
to them unless it is proven that they failed to perform an overt act tp prevent os top the
commission thereof.
Section 6. A new sec on to be denominated as Sec on 6 is hereby inserted in the same Act to read
as follows:
“Sec on 6. Registratio of Fraternities, Sororities, and Other Organizations. - All
exis ng fraterni es, sorori es, and other organiza ons otherwise not created or organized
by the school but has exis ng members who are students or plans to recruit students to be
its members shall be required to register with the proper school authori es before it
conducts ac vi es whether on or off-campus, including recruitment of members.
“A newly established fraternity, sorority, or organiza on in a school shall
immediately register with the proper school authori es during the semester or trimester in
which it was established or organized: Provided, That the new fraternity, sorority, or
organiza on has complied with the requirements prescribed by the school in establishing a
fraternity, sorority, or organiza on: Provided, further, That schools shall promulgate their
guidelines in the registra on of fraterni es, sorori es, and organiza ons within their
jurisdic on not later than sixty (60) days from approval of this Act.
“Upon registra on, all fraterni es, sorori es, and organiza on shall submit a
comprehensive list of members, which shall be updated not later than thirty (30) days from
the start of every semester or trimester, depending on the academic calendar of the school.
“School officials shall have the authority to impose, a er due no ce and summary
hearings, disciplinary penal es in accordance with the school’s guidelines and regula ons
on the ma er including suspension to the head and other officers of the fraternity, sorority,
or organiza on who fail to register or update their roster of member as required under this
sec on.
“Failure to comply with any of the requirements in this sec on shall result in the
cancella on of the registra on of the fraternity, sorority, or organiza on.”
Section 7. A new sec on to be denominated as Sec on 7 is hereby inserted in the same Act to read
as follows:
“Sec on 7. Faculty Adviser. - Schools shall require all fraterni es, sorori es, and
organiza ons, as a condi on to the grant of accredita on or registra on, to submit the
name or names of their respec ve faculty adviser or advisers who must not be members of
the respec ve fraternity, sorority, or organiza on. The submission shall also include a
wri en acceptance or consent on the part of the selected faculty adviser or advisers.
“The faculty adviser or advisers shall be responsible for monitoring the ac vi es of
the fraternity, sorority, or organiza on. Each faculty adviser must be a duly recognized
ac ve member, in good standing, of the faculty at the school in which the fraternity,
sorority, or organiza on is established or registered.
“In case a viola on of any of the provisions of this Act, it is presumed that the
faculty adviser has knowledge and consented to the commission of any of the unlawful acts
stated therein.”
 …….
Republic Act No. 9208 May 26, 2003
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
Section 1. Title. This Act shall be known as the "Anti-Trafficking in Persons Act of 2003".
Section 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 violence and exploita on, eliminate trafficking
in persons, and mi gate pressures for involuntary migra on and servitude of persons, not only to
support trafficked persons but more importantly, to ensure their recovery, rehabilita on and
reintegra on into the mainstream of society.
It shall be a State policy to recognize the equal rights and inherent human dignity of women and
men as enshrined in the United Na ons Universal Declara on on Human Rights, United Na ons
Conven on on the Rights of the Child, United Na ons Conven on on the Protec on of Migrant
Workers and their Families. United Na ons Conven on Against Transna onal Organized Crime
Including its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children and all other relevant and universally accepted human rights instruments and other
interna onal conven ons to which the Philippines is a signatory.
Section 3. Definition of Terms. - As used in this Act:
(a) Trafficking in Persons - refers to the recruitment, transporta on, transfer or harboring, or receipt
of persons with or without the vic m's consent or knowledge, within or across na onal borders by
means of threat or use of force, or other forms of coercion, abduc on, fraud, decep on, abuse of
power or of posi on, 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 exploita on which includes at a minimum, the exploita on or the pros tu on of
others or other forms of sexual exploita on, forced labor or services, slavery, servitude or the
removal or sale of organs.
The recruitment, transporta on, transfer, harboring or receipt of a child for the purpose of
exploita on shall also be considered as "trafficking in persons" even if it does not involve any of the
means set forth in the preceding 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, exploita on, or
discrimina on because of a physical or mental disability or condi on.
(c) Prostitution - refers to any act, transac on, 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
considera on.
(d) Forced Labor and Slavery - refer to the extrac on of work or services from any person by means
of en cement, violence, in mida on or threat, use of force or coercion, including depriva on of
freedom, abuse of authority or moral ascendancy, debt-bondage or decep on.
(e) Sex Tourism - refers to a program organized by travel and tourism-related establishments and
individuals which consists of tourism packages or ac vi es, u lizing and offering escort and sexual
services as en cement for tourists. This includes sexual services and prac ces offered during rest
and recrea on periods for members of the military.
(f) Sexual Exploitation - refers to par cipa on by a person in pros tu on or the produc on of
pornographic materials as a result of being subjected to a threat, decep on, coercion, abduc on,
force, abuse of authority, debt bondage, fraud or through abuse of a vic m's vulnerability.
(g) Debt Bondage - refers to the pledging by the debtor of his/her personal services or labor or 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 liquida on of the debt.
(h) Pornography - refers to any representa on, through publica on, exhibi on, cinematography,
indecent shows, informa on technology, or by whatever means, of a person engaged in real or
simulated explicit sexual ac vi es or any representa on of the sexual parts of a person for primarily
sexual purposes.
(i) Council - shall mean the Inter-Agency Council Against Trafficking created under Sec on 20 of this
Act.
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to
commit any of the following acts:
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those
done under the pretext of domes c or overseas employment or training or appren ceship, for the
purpose of pros tu on, pornography, sexual exploita on, forced labor, slavery, involuntary servitude
or debt bondage;
(b) To introduce or match for money, profit, or material, economic or other considera on, any
person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign na onal, for
marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in
pros tu on, pornography, sexual exploita on, forced labor, slavery, involuntary servitude or debt
bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering,
selling, or trading them to engage in pros tu on, pornography, sexual exploita on, forced labor or
slavery, involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel plans consis ng of tourism packages or ac vi es for the
purpose of u lizing and offering persons for pros tu on, pornography or sexual exploita on;
(e) To maintain or hire a person to engage in pros tu on or pornography;
(f) To adopt or facilitate the adop on of persons for the purpose of pros tu on, pornography, sexual
exploita on, forced labor, slavery, involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud,
deceit, violence, coercion, or in mida on for the purpose of removal or sale of organs of said
person; and
(h) To recruit, transport or adopt a child to engage in armed ac vi es in the Philippines or abroad.
Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate
trafficking in persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for
the purpose of promo ng trafficking in persons;
(b) To produce, print and issue or distribute unissued, tampered or fake counseling cer ficates,
registra on s ckers and cer ficates of any government agency which issues these cer ficates and
s ckers as proof of compliance with government regulatory and pre-departure requirements for the
purpose of promo ng trafficking in persons;
(c) To adver se, publish, print, broadcast or distribute, or cause the adver sement, publica on,
prin ng, broadcas ng or distribu on by any means, including the use of informa on technology and
the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in persons;
(d) To assist in the conduct of misrepresenta on or fraud for purposes of facilita ng the acquisi on
of clearances and necessary exit documents from government agencies that are mandated to
provide pre-departure registra on and services for depar ng persons for the purpose of promo ng
trafficking in persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the country at interna onal
and local airports, territorial boundaries and seaports who are in possession of unissued, tampered
or fraudulent travel documents for the purpose of promo ng trafficking in persons;
(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or
belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the
country or seeking redress from the government or appropriate agencies; and
(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a
person held to a condi on of involuntary servitude, forced labor, or slavery.
Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking:
(a) When the trafficked person is a child;
(b) When the adop on is effected through Republic Act No. 8043, otherwise known as the
"Inter-Country Adop on Act of 1995" and said adop on is for the purpose of pros tu on,
pornography, sexual exploita on, forced labor, slavery, involuntary servitude or debt bondage;
(c) When the crime is commi ed by a syndicate, or in large scale. Trafficking is deemed commi ed by
a syndicate if carried out by a group of three (3) or more persons conspiring or confedera ng with
one another. It is deemed commi ed in large scale if commi ed against three (3) or more persons,
individually or as a group;
(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority
over the trafficked person or when the offense is commi ed by a public officer or employee;
(e) When the trafficked person is recruited to engage in pros tu on with any member of the military
or law enforcement agencies;
(f) When the offender is a member of the military or law enforcement agencies; and
(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies,
becomes insane, suffers mu la on or is afflicted with Human Immunodeficiency Virus (HIV) or the
Acquired Immune Deficiency Syndrome (AIDS).
Section 6. Confidentiality. - At any stage of the inves ga on, prosecu on and trial of an offense
under this Act, law enforcement officers, prosecutors, judges, court personnel and medical
prac oners, as well as par es to the case, shall recognize the right to privacy of the trafficked
person and the accused. Towards this end, law enforcement officers, prosecutors and judges to
whom the complaint has been referred may, whenever necessary to ensure a fair and impar al
proceeding, and a er considering all circumstances for the best interest of the par es, order a
closed-door inves ga on, prosecu on or trial. The name and personal circumstances of the
trafficked person or of the accused, or any other informa on tending to establish their iden es and
such circumstances or informa on shall not be disclosed to the public.
In cases when prosecu on or trial is conducted behind closed-doors, it shall be unlawful for any
editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in
case of television and radio, producer and director of a film in case of the movie industry, or any
person u lizing tri-media facili es or informa on technology to cause publicity of any case of
trafficking in persons.
Section 8. Prosecution of Cases. - Any person who has personal knowledge of the commission of any
offense under this Act, the trafficked person, the parents, spouse, siblings, children or legal guardian
may file a complaint for trafficking.
Section 9. Venue. - A criminal ac on arising from viola on of this Act shall be filed where the offense
was commi ed, or where any of its elements occurred, or where the trafficked person actually
resides at the me of the commission of the offense: Provided, That the court where the criminal
ac on is first filed shall acquire jurisdic on to the exclusion of other courts.
Section 10. Penalties and Sanctions. - The following penal es and sanc ons are hereby established
for the offenses enumerated in this Act:
(a) Any person found guilty of commi ng any of the acts enumerated in Sec on 4 shall suffer the
penalty of imprisonment of twenty (20) years and a fine of not less than One million pesos
(P1,000,000.00) but not more than Two million pesos (P2,000,000.00);
(b) Any person found guilty of commi ng any of the acts enumerated in Sec on 5 shall suffer the
penalty of imprisonment of fi een (15) years and a fine of not less than Five hundred thousand
pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);
(c) Any person found guilty of qualified trafficking under Sec on 6 shall suffer the penalty of life
imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five
million pesos (P5,000,000.00);
(d) Any person who violates Sec on 7 hereof shall suffer the penalty of imprisonment of six (6) years
and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One
million pesos (P1,000,000.00);
(e) If the offender is a corpora on, partnership, associa on, club, establishment or any juridical
person, the penalty shall be imposed upon the owner, president, partner, manager, and/or any
responsible officer who par cipated in the commission of the crime or who shall have knowingly
permi ed or failed to prevent its commission;
(f) The registra on with the Securi es and Exchange Commission (SEC) and license to operate of the
erring agency, corpora on, associa on, religious group, tour or travel agent, club or establishment,
or any place of entertainment shall be cancelled and revoked permanently. The owner, president,
partner or manager thereof shall not be allowed to operate similar establishments in a different
name;
(g) If the offender is a foreigner, he shall be immediately deported a er serving his sentence and be
barred permanently from entering the country;
(h) Any employee or official of government agencies who shall issue or approve the issuance of
travel exit clearances, passports, registra on cer ficates, counseling cer ficates, marriage license,
and other similar documents to persons, whether juridical or natural, recruitment agencies,
establishments or other individuals or groups, who fail to observe the prescribed procedures and the
requirement as provided for by laws, rules and regula ons, shall be held administra vely liable,
without prejudice to criminal liability under this Act. The concerned government official or employee
shall, upon convic on, be dismissed from the service and be barred permanently to hold public
office. His/her re rement and other benefits shall likewise be forfeited; and
(i) Convic on by final judgment of the adopter for any offense under this Act shall result in the
immediate rescission of the decree of adop on.
Section 11. Use of Trafficked Persons. - Any person who buys or engages the services of trafficked
persons for pros tu on shall be penalized as follows:
(a) First offense - six (6) months of community service as may be determined by the court and a fine
of Fi y thousand pesos (P50,000.00); and
(b) Second and subsequent offenses - imprisonment of one (1) year and a fine of One hundred
thousand pesos (P100,000.00).
Section 12. Prescriptive Period. - Trafficking cases under this Act shall prescribe in ten (10) years:
Provided, however, That trafficking cases commi ed by a syndicate or in a large scale as defined
under Sec on 6 shall prescribe in twenty (20) years.
The prescrip ve period shall commence to run from the day on which the trafficked person is
delivered or released from the condi ons of bondage and shall be interrupted by the filing of the
complaint or informa on and shall commence to run again when such proceedings terminate
without the accused being convicted or acqui ed or are unjus fiably stopped for any reason not
imputable to the accused.
Section 13. Exemption from Filing Fees. - When the trafficked person ins tutes a separate civil ac on
for the recovery of civil damages, he/she shall be exempt from the payment of filing fees.
Section 14. Confiscation and Forfeiture of the Proceeds and Instruments Derived from Trafficking in
Persons. - In addi on to the penalty imposed for the viola on of this Act, the court shall order the
confisca on and forfeiture, in favor of the government, of all the proceeds and proper es derived
from the commission of the crime, unless they are the property of a third person not liable for the
unlawful act; Provided, however, That all awards for damages shall be taken from the personal and
separate proper es of the offender; Provided, further, That if such proper es are insufficient, the
balance shall be taken from the confiscated and forfeited proper es.
When the proceeds, proper es and instruments of the offense have been destroyed, diminished in
value or otherwise rendered worthless by any act or omission, directly or indirectly, of the offender,
or it has been concealed, removed, converted or transferred to prevent the same from being found
or to avoid forfeiture or confisca on, the offender shall be ordered to pay the amount equal to the
value of the proceeds, property or instruments of the offense.
Section 15. Trust Fund. - All fines imposed under this Act and the proceeds and proper es forfeited
and confiscated pursuant to Sec on 14 hereof shall accrue to a Trust Fund to be administered and
managed by the Council to be used exclusively for programs that will prevent acts of trafficking and
protect, rehabilitate, reintegrate trafficked persons into the mainstream of society. Such programs
shall include, but not limited to, the following:
(a) Provision for mandatory services set forth in Sec on 23 of this Act;
(b) Sponsorship of a na onal research program on trafficking and establishment of a data collec on
system for monitoring and evalua on purposes;
(c) Provision of necessary technical and material support services to appropriate government
agencies and non-government organiza ons (NGOs);
(d) Sponsorship of conferences and seminars to provide venue for consensus building amongst the
public, the academe, government, NGOs and interna onal organiza ons; and
(e) Promo on of informa on and educa on campaign on trafficking.
Section 16. Programs that Address Trafficking in Persons. - The government shall establish and
implement preven ve, protec ve and rehabilita ve programs for trafficked persons. For this
purpose, the following agencies are hereby mandated to implement the following programs;
(a) Department of Foreign Affairs (DFA) - shall make available its resources and facili es overseas for
trafficked persons regardless of their manner of entry to the receiving country, and explore means to
further enhance its assistance in elimina ng trafficking ac vi es through closer networking with
government agencies in the country and overseas, par cularly in the formula on of policies and
implementa on of relevant programs.
The DFA shall take necessary measures for the efficient implementa on of the Machine Readable
Passports to protect the integrity of Philippine passports, visas and other travel documents to reduce
the incidence of trafficking through the use of fraudulent iden fica on documents.
It shall establish and implement a pre-marriage, on-site and pre-departure counseling program on
intermarriages.
(b) Department of Social Welfare and Development (DSWD) - shall implement rehabilita ve and
protec ve programs for trafficked persons. It shall provide counseling and temporary shelter to
trafficked persons and develop a system for accredita on among NGOs for purposes of establishing
centers and programs for interven on in various levels of the community.
(c) Department of Labor and Employment (DOLE) - shall ensure the strict implementa on and
compliance with the rules and guidelines rela ve to the employment of persons locally and
overseas. It shall likewise monitor, document and report cases of trafficking in persons involving
employers and labor recruiters.
(d) Department of Jus ce (DOJ) - shall ensure the prosecu on of persons accused of trafficking and
designate and train special prosecutors who shall handle and prosecute cases of trafficking. It shall
also establish a mechanism for free legal assistance for trafficked persons, in coordina on with the
DSWD, Integrated Bar of the Philippines (IBP) and other NGOs and volunteer groups.
(e) Na onal Commission on the Role of Filipino Women (NCRFW) - shall ac vely par cipate and
coordinate in the formula on and monitoring of policies addressing the issue of trafficking in
persons in coordina on with relevant government agencies. It shall likewise advocate for the
inclusion of the issue of trafficking in persons in both its local and interna onal advocacy for
women's issues.
(f) Bureau of Immigra on (BI) - shall strictly administer and enforce immigra on and alien
administra on laws. It shall adopt measures for the apprehension of suspected traffickers both at
the place of arrival and departure and shall ensure compliance by the Filipino fiancés/fiancées and
spouses of foreign na onals with the guidance and counseling requirement as provided for in this
Act.
(g) Philippine Na onal Police (PNP) - shall be the primary law enforcement agency to undertake
surveillance, inves ga on and arrest of individuals or persons suspected to be engaged in trafficking.
It shall closely coordinate with various law enforcement agencies to secure concerted efforts for
effec ve inves ga on and apprehension of suspected traffickers. It shall also establish a system to
receive complaints and calls to assist trafficked persons and conduct rescue opera ons.
(h) Philippine Overseas Employment Administra on (POEA) - shall implement an effec ve
pre-employment orienta on seminars and pre-departure counseling programs to applicants for
overseas employment. It shall likewise formulate a system of providing free legal assistance to
trafficked persons.
(i) Department of the Interior and Local Government (DILG) - shall ins tute a systema c informa on
and preven on campaign and likewise maintain a databank for the effec ve monitoring,
documenta on and prosecu on of cases on trafficking in persons.
(j) Local government units (LGUs) - shall monitor and document cases of trafficking in persons in
their areas of jurisdic on, effect the cancella on of licenses of establishments which violate the
provisions of this Act and ensure effec ve prosecu on of such cases. They shall also undertake an
informa on campaign against trafficking in persons through the establishment of the Migrants
Advisory and Informa on Network (MAIN) desks in municipali es or provinces in coordina on with
DILG, Philippine Informa on Agency (PIA), Commission on Filipinos Overseas (CFO), NGOs and other
concerned agencies. They shall encourage and support community based ini a ves which address
the trafficking in persons.
In implemen ng this Act, the agencies concerned may seek and enlist the assistance of NGOs,
people's organiza ons (Pos), civic organiza ons and other volunteer groups.
Section 17. Legal Protection to Trafficked Persons. - Trafficked persons shall be recognized as vic ms
of the act or acts of trafficking and as such shall not be penalized for crimes directly related to the
acts of trafficking enumerated in this Act or in obedience to the order made by the trafficker in
rela on thereto. In this regard, the consent of a trafficked person to the intended exploita on set
forth in this Act shall be irrelevant.
Section 18. Preferential Entitlement Under the Witness Protection Program. - Any provision of
Republic Act No. 6981 to the contrary notwithstanding, any trafficked person shall be en tled to the
witness protec on program provided therein.
Section 19. Trafficked Persons Who are Foreign Nationals. - Subject to the guidelines issued by the
Council, trafficked persons in the Philippines who are na onals of a foreign country shall also be
en tled to appropriate protec on, assistance and services available to trafficked persons under this
Act: Provided, That they shall be permi ed con nued presence in the Philippines for a length of me
prescribed by the Council as necessary to effect the prosecu on of offenders.
Section 20. Inter-Agency Council Against Trafficking. - There is hereby established an Inter-Agency
Council Against Trafficking, to be composed of the Secretary of the Department of Jus ce as
Chairperson and the Secretary of the Department of Social Welfare and Development as
Co-Chairperson and shall have the following as members:
(a) Secretary, Department of Foreign Affairs;
(b) Secretary, Department of Labor and Employment;
(c) Administrator, Philippine Overseas Employment Administra on;
(d) Commissioner, Bureau of Immigra on;
(e) Director-General, Philippine Na onal Police;
(f) Chairperson, Na onal Commission on the Role of Filipino Women; and
(g) Three (3) representa ves from NGOs, who shall be composed of one (1) representa ve each from
among the sectors represen ng women, overseas Filipino workers (OFWs) and children, with a
proven record of involvement in the preven on and suppression of trafficking in persons. These
representa ves shall be nominated by the government agency representa ves of the Council, for
appointment by the President for a term of three (3) years.
The members of the Council may designate their permanent representa ves who shall have a rank
not lower than an assistant secretary or its equivalent to mee ngs, and shall receive emoluments as
may be determined by the Council in accordance with exis ng budget and accoun ng, rules and
regula ons.
Section 21. Functions of the Council. - The Council shall have the following powers and func ons:
(a) Formulate a comprehensive and integrated program to prevent and suppress the trafficking in
persons;
(b) Promulgate rules and regula ons as may be necessary for the effec ve implementa on of this
Act;
(c) Monitor and oversee the strict implementa on of this Act;
(d) Coordinate the programs and projects of the various member agencies to effec vely address the
issues and problems a endant to trafficking in persons;
(e) Coordinate the conduct of massive informa on dissemina on and campaign on the existence of
the law and the various issues and problems a endant to trafficking through the LGUs, concerned
agencies, and NGOs;
(f) Direct other agencies to immediately respond to the problems brought to their a en on and
report to the Council on ac on taken;
(g) Assist in filing of cases against individuals, agencies, ins tu ons or establishments that violate the
provisions of this Act;
(h) Formulate a program for the reintegra on of trafficked persons in coopera on with DOLE, DSWD,
Technical Educa on and Skills Development Authority (TESDA), Commission on Higher Educa on
(CHED), LGUs and NGOs;
(i) Secure from any department, bureau, office, agency, or instrumentality of the government or
from NGOs and other civic organiza ons such assistance as may be needed to effec vely implement
this Act;
(j) Complement the shared government informa on system for migra on established under Republic
Act No. 8042, otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995" with
data on cases of trafficking in persons, and ensure that the proper agencies conduct a con nuing
research and study on the pa erns and scheme of trafficking in persons which shall form the basis
for policy formula on and program direc on;
(k) Develop the mechanism to ensure the mely, coordinated, and effec ve response to cases of
trafficking in persons;
(l) Recommend measures to enhance coopera ve efforts and mutual assistance among foreign
countries through bilateral and/or mul lateral arrangements to prevent and suppress interna onal
trafficking in persons;
(m) Coordinate with the Department of Transporta on and Communica ons (DOTC), Department of
Trade and Industry (DTI), and other NGOs in monitoring the promo on of adver sement of
trafficking in the internet;
(n) Adopt measures and policies to protect the rights and needs of trafficked persons who are
foreign na onals in the Philippines;
(o) Ini ate training programs in iden fying and providing the necessary interven on or assistance to
trafficked persons; and
(p) Exercise all the powers and perform such other func ons necessary to a ain the purposes and
objec ves of this Act.
Section 22. Secretariat to the Council. - The Department of Jus ce shall establish the necessary
Secretariat for the Council.
Section 23. Mandatory Services to Trafficked Persons. - To ensure recovery, rehabilita on and
reintegra on into the mainstream of society, concerned government agencies shall make available
the following services to trafficked persons:
(a) Emergency shelter or appropriate housing;
(b) Counseling;
(c) Free legal services which shall include informa on about the vic ms' rights and the procedure for
filing complaints, claiming compensa on and such other legal remedies available to them, in a
language understood by the trafficked person;
(d) Medical or psychological services;
(e) Livelihood and skills training; and
(f) Educa onal assistance to a trafficked child.
Sustained supervision and follow through mechanism that will track the progress of recovery,
rehabilita on and reintegra on of the trafficked persons shall be adopted and carried out.
Section 24. Other Services for Trafficked Persons. -
(a) Legal Assistance. - Trafficked persons shall be considered under the category "Overseas Filipino in
Distress" and may avail of the legal assistance created by Republic Act No. 8042, subject to the
guidelines as provided by law.
(b) Overseas Filipino Resource Centers. - The services available to overseas Filipinos as provided for
by Republic Act No. 8042 shall also be extended to trafficked persons regardless of their immigra on
status in the host country.
(c) The Country Team Approach. - The country team approach under Execu ve Order No. 74 of 1993,
shall be the opera onal scheme under which Philippine embassies abroad shall provide protec on
to trafficked persons insofar as the promo on of their welfare, dignity and fundamental rights are
concerned.
Section 25. Repatriation of Trafficked Persons. - The DFA, in coordina on with DOLE and other
appropriate agencies, shall have the primary responsibility for the repatria on of trafficked persons,
regardless of whether they are documented or undocumented.
If, however, the repatria on of the trafficked persons shall expose the vic ms to greater risks, the
DFA shall make representa on with the host government for the extension of appropriate residency
permits and protec on, as may be legally permissible in the host country.
Section 26. Extradition. - The DOJ, in consulta on with DFA, shall endeavor to include offenses of
trafficking in persons among extraditable offenses.
Section 27. Reporting Requirements. - The Council shall submit to the President of the Philippines
and to Congress an annual report of the policies, programs and ac vi es rela ve to the
implementa on of this Act.
Section 28. Funding. - The heads of the departments and agencies concerned shall immediately
include in their programs and issue such rules and regula ons to implement the provisions of this
Act, the funding of which shall be included in the annual General Appropria ons Act.
Section 29. Implementing Rules and Regulations. - The Council shall promulgate the necessary
implemen ng rules and regula ons within sixty (60) days from the effec vity of this Act.
Section 30. Non-restriction of Freedom of Speech and of Association, Religion and the Right to
Travel. - Nothing in this Act shall be interpreted as a restric on of the freedom of speech and of
associa on, religion and the right to travel for purposes not contrary to law as guaranteed by the
Cons tu on.
Section 31. Separability Clause. - If, for any reason, any sec on or provision of this Act is held
uncons tu onal or invalid, the other sec ons or provisions hereof shall not be affected thereby.
Section 32. Repealing clause. - All laws, presiden al decrees, execu ve orders and rules and
regula ons, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or
modified accordingly: Provided, That this Act shall not in any way amend or repeal the provision of
Republic Act No. 7610, otherwise known as the "Special Protec on of Children Against Child Abuse,
Exploita on and Discrimina on Act".
Section 33. Effectivity. - This Act shall take effect fi een (15) days from the date of its complete
publica on in at least two (2) newspapers of general circula on.
REPUBLIC ACT No. 10364
AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED "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"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. – This Act shall be known as the "Expanded An -Trafficking in Persons Act of
2012ʺ.
Section 2. Sec on 2 of Republic Act No. 9208 is hereby 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 violence and exploita on, eliminate trafficking
in persons, and mi gate pressures for involuntary migra on and servitude of persons, not only to
support trafficked persons but more importantly, to ensure their recovery, rehabilita on and
reintegra on into the mainstream of society.
"It shall be a State policy to recognize the equal rights and inherent human dignity of women and
men as enshrined in the United Na ons Universal Declara on on Human Rights, United Na ons
Conven on on the Elimina on of All Forms of Discrimina on Against Women, United Na ons
Conven on on the Rights of the Child, United Na ons Conven on on the Protec on of Migrant
Workers and their Families, United Na ons Conven on Against Transna onal Organized Crime
Including its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children and all other relevant and universally accepted human rights instruments and other
interna onal conven ons to which the Philippines is a signatory."
Section 3. Sec on 3 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 3. Definition of Terms. – As used in this Act:
"(a) Trafficking in Persons – refers to the recruitment, obtaining, hiring, providing, offering,
transporta on, transfer, maintaining, harboring, or receipt of persons with or without the vic m’s
consent or knowledge, within or across na onal borders by means of threat, or use of force, or other
forms of coercion, abduc on, fraud, decep on, abuse of power or of posi on, 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 exploita on which
includes at a minimum, the exploita on or the pros tu on of others or other forms of sexual
exploita on, forced labor or services, slavery, servitude or the removal or sale of organs.
"The recruitment, transporta on, transfer, harboring, adop on or receipt of a child for the purpose
of exploita on or when the adop on is induced by any form of considera on for exploita ve
purposes shall also be considered as ‘trafficking in persons’ even if it does not involve any of the
means set forth in the preceding 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, exploita on, or
discrimina on because of a physical or mental disability or condi on.
"(c) Prostitution – refers to any act, transac on, 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
considera on.
"(d) Forced Labor – refers to the extrac on of work or services from any person by means of
en cement, violence, in mida on or threat, use of, force or coercion, including depriva on of
freedom, abuse of authority or moral ascendancy, debt-bondage or decep on including any work or
service extracted from any person under the menace of penalty.
"(e) Slavery – refers to the status or condi on of a person over whom any or all of the powers
a aching to the right of ownership are exercised.
"(f) Involuntary Servitude – refers to a condi on of enforced and compulsory service induced by
means of any scheme, plan or pa ern, intended to cause a person to believe that if he or she did not
enter into or con nue in such condi on, he or she or another person would suffer serious harm or
other forms of abuse or physical restraint, or threat of abuse or harm, or coercion including
depriving access to travel documents and withholding salaries, or the abuse or threatened abuse of
the legal process.
"(g) Sex Tourism – refers to a program organized by travel and tourism-related establishments and
individuals which consists of tourism packages or ac vi es, u lizing and offering escort and sexual
services as en cement for tourists. This includes sexual services and prac ces offered during rest
and recrea on periods for members of the military.
"(h) Sexual Exploitation – refers to par cipa on by a person in pros tu on, pornography or the
produc on of pornography, in exchange for money, profit or any other considera on or where the
par cipa on is caused or facilitated by any means of in mida on or threat, use of force, or other
forms of coercion, abduc on, fraud, decep on, debt bondage, abuse of power or of posi on or of
legal process, taking advantage of the vulnerability of the person, or giving or receiving of payments
or benefits to achieve the consent of a person having control over another person; or in sexual
intercourse or lascivious conduct caused or facilitated by any means as provided in this Act.
"(i) Debt Bondage – refers to the pledging by the debtor of his/her personal services or labor or
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 liquida on of the debt.
"(j) Pornography – refers to any representa on, through publica on, exhibi on, cinematography,
indecent shows, informa on technology, or by whatever means, of a person engaged in real or
simulated explicit sexual ac vi es or any representa on of the sexual parts of a person for primarily
sexual purposes.
"(k) Council – shall mean the Inter-Agency Council Against Trafficking created under Sec on 20 of this
Act."
Section 4. Sec on 4 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 4. Acts of Trafficking in Persons. – It shall be unlawful for any person, natural or juridical, to
commit any of the following acts:
"(a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor, or receive a person
by any means, including those done under the pretext of domes c or overseas employment or
training or appren ceship, for the purpose of pros tu on, pornography, or sexual exploita on;
"(b) To introduce or match for money, profit, or material, economic or other considera on, any
person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign na onal, for
marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in
pros tu on, pornography, sexual exploita on, forced labor, slavery, involuntary servitude or debt
bondage;
"(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering,
selling, or trading them to engage in pros tu on, pornography, sexual exploita on, forced labor or
slavery, involuntary servitude or debt bondage;
"(d) To undertake or organize tours and travel plans consis ng of tourism packages or ac vi es for
the purpose of u lizing and offering persons for pros tu on, pornography or sexual exploita on;
"(e) To maintain or hire a person to engage in pros tu on or pornography;
"(f) To adopt persons by any form of considera on for exploita ve purposes or to facilitate the same
for purposes of pros tu on, pornography, sexual exploita on, forced labor, slavery, involuntary
servitude or debt bondage;
"(g) To adopt or facilitate the adop on of persons for the purpose of pros tu on, pornography,
sexual exploita on, forced labor, slavery, involuntary servitude or debt bondage;
"(h) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, provide, offer, receive or
abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or in mida on
for the purpose of removal or sale of organs of said person;
"(i) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive or adopt a
child to engage in armed ac vi es in the Philippines or abroad;
"(j) To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide or receive a person by
means defined in Sec on 3 of this Act for purposes of forced labor, slavery, debt bondage and
involuntary servitude, including a scheme, plan, or pa ern intended to cause the person either:
"(1) To believe that if the person did not perform such labor or services, he or she or another person
would suffer serious harm or physical restraint; or
"(2) To abuse or threaten the use of law or the legal processes; and
"(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide, adopt or receive a
child for purposes of exploita on or trading them, including but not limited to, the act of baring
and/or selling a child for any considera on or for barter for purposes of exploita on. Trafficking for
purposes of exploita on of children shall include:
"(1) All forms of slavery or prac ces similar to slavery, involuntary servitude, debt bondage and
forced labor, including recruitment of children for use in armed conflict;
"(2) The use, procuring or offering of a child for pros tu on, for the produc on of pornography, or
for pornographic performances;
"(3) The use, procuring or offering of a child for the produc on and trafficking of drugs; and
"(4) The use, procuring or offering of a child for illegal ac vi es or work which, by its nature or the
circumstances in which it is carried out, is likely to harm their health, safety or morals; and
"(l) To organize or direct other persons to commit the offenses defined as acts of trafficking under
this Act."
Section 5. A new Sec on 4-A is hereby inserted in Republic Act No. 9208, to read as follows:
"SEC. 4-A. Attempted Trafficking in Persons. – Where there are acts to ini ate the commission of a
trafficking offense but the offender failed to or did not execute all the elements of the crime, by
accident or by reason of some cause other than voluntary desistance, such overt acts shall be
deemed as an a empt to commit an act of trafficking in persons. As such, an a empt to commit any
of the offenses enumerated in Sec on 4 of this Act shall cons tute a empted trafficking in persons.
"In cases where the vic m is a child, any of the following acts shall also be deemed as a empted
trafficking in persons:
"(a) Facilita ng the travel of a child who travels alone to a foreign country or territory without valid
reason therefor and without the required clearance or permit from the Department of Social
Welfare and Development, or a wri en permit or jus fica on from the child’s parent or legal
guardian;
"(b) Execu ng, for a considera on, an affidavit of consent or a wri en consent for adop on;
"(c) Recrui ng a woman to bear a child for the purpose of selling the child;
"(d) Simula ng a birth for the purpose of selling the child; and
"(e) Solici ng a child and acquiring the custody thereof through any means from among hospitals,
clinics, nurseries, daycare centers, refugee or evacua on centers, and low-income families, for the
purpose of selling the child."
Section 6. A new Sec on 4-B is hereby inserted in Republic Act No. 9208, to read as follows:
"SEC. 4-B. Accomplice Liability. – Whoever knowingly aids, abets, cooperates in the execu on of the
offense by previous or simultaneous acts defined in this Act shall be punished in accordance with the
provisions of Sec on 10(c) of this Act."
Section 7. A new Sec on 4-C is hereby inserted in Republic Act No. 9208, to read as follows:
"SEC. 4-C. Accessories. – Whoever has the knowledge of the commission of the crime, and without
having par cipated therein, either as principal or as accomplices, take part in its commission in any
of the following manners:
"(a) By profi ng themselves or assis ng the offender to profit by the effects of the crime;
"(b) By concealing or destroying the body of the crime or effects or instruments thereof, in order to
prevent its discovery;
"(c) By harboring, concealing or assis ng in the escape of the principal of the crime, provided the
accessory acts with abuse of his or her public func ons or is known to be habitually guilty of some
other crime.
"Acts defined in this provision shall be punished in accordance with the provision of Sec on 10(d) as
stated thereto."
Section 8. Sec on 5 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 5. Acts that Promote Trafficking in Persons. – The following acts which promote or facilitate
trafficking in persons, shall be unlawful:
"(a) xxx
"(b) To produce, print and issue or distribute unissued, tampered or fake counseling cer ficates,
registra on s ckers, overseas employment cer ficates or other cer ficates of any government
agency which issues these cer ficates, decals and such other markers as proof of compliance with
government regulatory and pre-departure requirements for the purpose of promo ng trafficking in
persons;
"(c) xxx
"(d) xxx
"(e) xxx
"(f) xxx
"(g) xxx
"(h) To tamper with, destroy, or cause the destruc on of evidence, or to influence or a empt to
influence witnesses, in an inves ga on or prosecu on of a case under this Act;
"(i) To destroy, conceal, remove, confiscate or possess, or a empt to destroy, conceal, remove,
confiscate or possess, any actual or purported passport or other travel, immigra on or working
permit or document, or any other actual or purported government iden fica on, of any person in
order to prevent or restrict, or a empt 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; or
"(j) To u lize his or her office to impede the inves ga on, prosecu on or execu on of lawful orders
in a case under this Act."
Section 9. Sec on 6 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 6. Qualified Trafficking in Persons. – Viola ons of Sec on 4 of this Act shall be considered as
qualified trafficking:
"x x x
"(d) When the offender is a spouse, an ascendant, parent, sibling, guardian or a person who
exercises authority over the trafficked person or when the offense is commi ed by a public officer or
employee;
"x x x
"(f) When the offender is a member of the military or law enforcement agencies;
"(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies,
becomes insane, suffers mu la on or is afflicted with Human Immunodeficiency Virus (HIV) or the
Acquired Immune Deficiency Syndrome (AIDS);
"(h) When the offender commits one or more viola ons of Sec on 4 over a period of sixty (60) or
more days, whether those days are con nuous or not; and
"(i) When the offender directs or through another manages the trafficking vic m in carrying out the
exploita ve purpose of trafficking."
Section 10. Sec on 7 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 7. Confidentiality. – At any stage of the inves ga on, rescue, prosecu on and trial of an
offense under this Act, law enforcement officers, prosecutors, judges, court personnel, social
workers and medical prac oners, as well as par es to the case, shall protect the right to privacy of
the trafficked person. Towards this end, law enforcement officers, prosecutors and judges to whom
the complaint has been referred may, whenever necessary to ensure a fair and impar al proceeding,
and a er considering all circumstances for the best interest of the par es, order a closed-door
inves ga on, prosecu on or trial. The name and personal circumstances of the trafficked person or
any other informa on tending to establish the iden ty of the trafficked person and his or her family
shall not be disclosed to the public.
"It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials,
announcer or producer in case of television and radio, producer and director of a film in case of the
movie industry, or any person u lizing tri-media facili es or electronic informa on technology to
cause publicity of the name, personal circumstances, or any informa on tending to establish the
iden ty of the trafficked person except when the trafficked person in a wri en statement duly
notarized knowingly, voluntarily and willingly waives said confiden ality.
"Law enforcement officers, prosecutors, judges, court personnel, social workers and medical
prac oners shall be trained on the importance of maintaining confiden ality as a means to protect
the right to privacy of vic ms and to encourage vic ms to file complaints."
Section 11. Sec on 8 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 8. Initiation and Prosecution of Cases. –
"(a) Initiation of Investigation. – Law enforcement agencies are mandated to immediately ini ate
inves ga on and counter-trafficking-intelligence gathering upon receipt of statements or affidavit
from vic ms of trafficking, migrant workers, or their families who are in possession of knowledge or
informa on about trafficking in persons cases.
"(b) Prosecution of Cases. – Any person who has personal knowledge of the commission of any
offense under this Act, such as the trafficked person, the parents, spouse, siblings, children or legal
guardian may file a complaint for trafficking.
"(c) Affidavit of Desistance. – Cases involving trafficking in persons should not be dismissed based on
the affidavit of desistance executed by the vic ms or their parents or legal guardians. Public and
private prosecutors are directed to oppose and manifest objec ons to mo ons for dismissal.
"Any act involving the means provided in this Act or any a empt thereof for the purpose of securing
an Affidavit of Desistance from the complainant shall be punishable under this Act."
Section 12. Sec on 10 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 10. Penalties and Sanctions. – The following penal es and sanc ons are hereby established for
the offenses enumerated in this Act:
"(a) Any person found guilty of commi ng any of the acts enumerated in Sec on 4 shall suffer the
penalty of imprisonment of twenty (20) years and a fine of not less than One million pesos
(P1,000,000.00) but not more than Two million pesos (P2,000,000.00);
"(b) Any person found guilty of commi ng any of the acts enumerated in Sec on 4-A of this Act shall
suffer the penalty of imprisonment of fi een (15) years and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);
"(c) Any person found guilty of Sec on 4-B of this Act shall suffer the penalty of imprisonment of
fi een (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not
more than One million pesos (P1,000,000.00);
"In every case, convic on shall cause and carry the automa c revoca on of the license or
registra on of the recruitment agency involved in trafficking. The license of a recruitment agency
which trafficked a child shall be automa cally revoked.
"(d) Any person found, guilty of commi ng any of the acts enumerated in Sec on 5 shall suffer the
penalty of imprisonment of fi een (15) years and a fine of not less than Five hundred thousand
pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);
"(e) Any person found guilty of qualified trafficking under Sec on 6 shall suffer the penalty of life
imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five
million pesos (P5,000,000.00);
"(f) Any person who violates Sec on 7 hereof shall suffer the penalty of imprisonment of six (6) years
and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One
million pesos (P1,000,000.00);
"(g) If the offender is a corpora on, partnership, associa on, club, establishment or any juridical
person, the penalty shall be imposed upon the owner, president, partner, manager, and/or any
responsible officer who par cipated in the commission of the crime or who shall have knowingly
permi ed or failed to prevent its commission;
"(h) The registra on with the Securi es and Exchange Commission (SEC) and license to operate of
the erring agency, corpora on, associa on, religious group, tour or travel agent, club or
establishment, or any place of entertainment shall be cancelled and revoked permanently. The
owner, president, partner or manager thereof shall not be allowed to operate similar establishments
in a different name;
"(i) If the offender is a foreigner, he or she shall be immediately deported a er serving his or her
sentence and be barred permanently from entering the country;
"(j) Any employee or official of government agencies who shall issue or approve the issuance of
travel exit clearances, passports, registra on cer ficates, counseling cer ficates, marriage license,
and other similar documents to persons, whether juridical or natural, recruitment agencies,
establishments or other individuals or groups, who fail to observe the prescribed procedures and the
requirement as provided for by laws, rules and regula ons, shall be held administra vely liable,
without prejudice to criminal liability under this Act. The concerned government official or employee
shall, upon convic on, be dismissed from the service and be barred permanently to hold public
office. His or her re rement and other benefits shall likewise be forfeited; and
"(k) Convic on, by final judgment of the adopter for any offense under this Act shall result in the
immediate rescission of the decree of adop on."
Section 13. Sec on 11 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 11. Use of Trafficked Persons. – Any person who buys or engages the services of a trafficked
person for pros tu on shall be penalized with the following: Provided, That the Proba on Law
(Presiden al Decree No. 968) shall not apply:
"(a) Prision Correccional in its maximum period to prision mayor or six (6) years to twelve (12) years
imprisonment and a fine of not less than Fi y thousand pesos (P50,000.00) but not more than One
hundred thousand pesos (P100,000.00): Provided, however, That the following acts shall be
exempted thereto:
"(1) If an offense under paragraph (a) involves sexual intercourse or lascivious conduct with a child,
the penalty shall be reclusion temporal in its medium period to reclusion perpetua or seventeen (17)
years to forty (40) years imprisonment and a fine of not less than Five hundred thousand pesos
(P500,000.00) but not more than One million pesos (P1,000,000.00);
"(2) If an offense under paragraph (a) involves carnal knowledge of, or sexual intercourse with, a
male or female trafficking vic m and also involves the use of force or in mida on, to a vic m
deprived of reason or to an unconscious vic m, or a vic m under twelve (12) years of age, instead of
the penalty prescribed in the subparagraph above the penalty shall be a fine of not less than One
million pesos (P1,000,000.00) but not more than Five million pesos (P5,000,000.00) and
imprisonment of reclusionperpetua or forty (40) years imprisonment with no possibility of parole;
except that if a person viola ng paragraph (a) of this sec on knows the person that provided
pros tu on services is in fact a vic m of trafficking, the offender shall not be likewise penalized
under this sec on but under Sec on 10 as a person viola ng Sec on 4; and if in commi ng such an
offense, the offender also knows a qualifying circumstance for trafficking, the offender shall be
penalized under Sec on 10 for qualified trafficking. If in viola ng this sec on the offender also
violates Sec on 4, the offender shall be penalized under Sec on 10 and, if applicable, for qualified
trafficking instead of under this sec on;
"(b) Deportation. – If a foreigner commits any offense described by paragraph (1) or (2) of this
sec on or violates any per nent provision of this Act as an accomplice or accessory to, or by
a emp ng any such offense, he or she shall be immediately deported a er serving his or her
sentence and be barred permanently from entering the country; and
"(c) Public Official. – If the offender is a public official, he or she shall be dismissed from service and
shall suffer perpetual absolute disqualifica on to hold public, office, in addi on to any imprisonment
or fine received pursuant to any other provision of this Act."
Section 14. Sec on 12 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 12. Prescriptive Period. – Trafficking cases under this Act shall prescribe in ten (10) years:
Provided, however, That trafficking cases commi ed by a syndicate or in a large scale as defined
under Sec on 6, or against a child, shall prescribe in twenty (20) years.
"The prescrip ve period shall commence to run from the day on which the trafficked person is
delivered or released from the condi ons of bondage, or in the case of a child vic m, from the day
the child reaches the age of majority, and shall be interrupted by the filing of the complaint or
informa on and shall commence to run again when the proceedings terminate without the accused
being convicted or acqui ed or are unjus fiably stopped for any reason not imputable to the
accused."
Section 15. Sec on 16 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 16. Programs that Address Trafficking in Persons. – The government shall establish and
implement preven ve, protec ve and rehabilita ve programs for trafficked persons. For this
purpose, the following agencies are hereby mandated to implement the following programs:
"(a) Department of Foreign Affairs (DFA) – shall make available its resources and facili es overseas
for trafficked persons regardless of their manner of entry to the receiving country, and explore
means to further enhance its assistance in elimina ng trafficking ac vi es through closer networking
with government agencies in the country and overseas, par cularly in the formula on of policies and
implementa on of relevant programs. It shall provide Filipino vic ms of trafficking overseas with free
legal assistance and counsel to pursue legal ac on against his or her traffickers, represent his or her
interests in any criminal inves ga on or prosecu on, and assist in the applica on for social benefits
and/or regular immigra on status as may be allowed or provided for by the host country. The DFA
shall repatriate trafficked Filipinos with the consent of the vic ms.
"The DFA shall take necessary measures for the efficient implementa on of the Electronic
Passpor ng System to protect the integrity of Philippine passports, visas and other travel documents
to reduce the incidence of trafficking through the use of fraudulent iden fica on documents.
"In coordina on with the Department of Labor and Employment, it shall provide free temporary
shelters and other services to Filipino vic ms of trafficking overseas through the migrant workers
and other overseas Filipinos resource centers established overseas under Republic Act No. 8042, as
amended.
"(b) Department of Social Welfare and Development (DSWD) – shall implement rehabilita ve and
protec ve programs for trafficked persons. It shall provide counseling and temporary shelter to
trafficked persons and develop a system for accredita on among NGOs for purposes of establishing
centers and programs for interven on in various levels of the community. It shall establish free
temporary shelters, for the protec on and housing of trafficked persons to provide the following
basic services to trafficked persons:
"(1) Temporary housing and food facili es;
"(2) Psychological support and counseling;
"(3) 24-hour call center for crisis calls and technology-based counseling and referral system;
"(4) Coordina on with local law enforcement en es; and
"(5) Coordina on with the Department of Jus ce, among others.
"The DSWD must conduct informa on campaigns in communi es and schools teaching parents and
families that receiving considera on in exchange for adop on is punishable under the law.
Furthermore, informa on campaigns must be conducted with the police that they must not induce
poor women to give their children up for adop on in exchange for considera on.
"(c) Department of Labor and Employment (DOLE) – shall ensure the strict implementa on and
compliance with the rules and guidelines rela ve to the employment of persons locally and
overseas. It shall likewise monitor, document and report cases of trafficking in persons involving
employers and labor recruiters.
"(d) Department of Jus ce (DOJ) – shall ensure the prosecu on of persons accused of trafficking and
designate and train special prosecutors who shall handle and prosecute cases of trafficking. It shall
also establish a mechanism for free legal assistance for trafficked persons, in coordina on with the
DSWD, Integrated Bar of the Philippines (IBP) and other NGOs and volunteer groups.
"(e) Philippine Commission on Women (PCW) – shall ac vely par cipate and coordinate in the
formula on and monitoring of policies addressing the issue of trafficking in persons in coordina on
with relevant government agencies. It shall likewise advocate for the inclusion of the issue of
trafficking in persons in both its local and interna onal advocacy for women’s issues.
"(f) Bureau of Immigra on (BI) – shall strictly administer and enforce immigra on and alien
administra on laws. It shall adopt measures for the apprehension of suspected traffickers both at
the place of arrival and departure and shall ensure compliance by the Filipino fiancés/fiancées and
spouses of foreign na onals with the guidance and counseling requirement as provided for in this
Act.
"(g) Philippine Na onal Police (PNP) and Na onal Bureau of Inves ga on (NBI) – shall be the primary
law enforcement agencies to undertake surveillance, inves ga on and arrest of individuals or
persons suspected to be engaged in trafficking. They shall closely coordinate with each other and
with other law enforcement agencies to secure concerted efforts for effec ve inves ga on and
apprehension of suspected traffickers. They shall also establish a system to receive complaints and
calls to assist trafficked persons and conduct rescue opera ons.
"(h) Philippine Overseas Employment Administra on (POEA) and Overseas Workers and Welfare
Administra on (OWWA) – POEA shall implement Pre-Employment Orienta on Seminars (PEOS)
while Pre-Departure Orienta on Seminars (PDOS) shall be conducted by the OWWA. It shall likewise
formulate a system of providing free legal assistance to trafficked persons, in coordina on with the
DFA.
"The POEA shall create a blacklist of recruitment agencies, illegal recruiters and persons facing
administra ve, civil and criminal complaints for trafficking filed in the receiving country and/or in the
Philippines and those agencies, illegal recruiters and persons involved in cases of trafficking who
have been rescued by the DFA and DOLE in the receiving country or in the Philippines even if no
formal administra ve, civil or criminal complaints have been filed: Provided, That the rescued vic ms
shall execute an affidavit a es ng to the acts viola ve of the an -trafficking law. This blacklist shall
be posted in conspicuous places in concerned government agencies and shall be updated
bi-monthly.
"The blacklist shall likewise be posted by the POEA in the shared government informa on system,
which is mandated to be established under Republic Act No. 8042, as amended.
"The POEA and OWWA shall accredit NGOs and other service providers to conduct PEOS and PDOS,
respec vely. The PEOS and PDOS should include the discussion and distribu on of the blacklist.
"The license or registra on of a recruitment agency that has been blacklisted may be suspended by
the POEA upon a review of the complaints filed against said agency.
"(i) Department of the Interior and Local Government (DILG) – shall ins tute a systema c
informa on and preven on campaign in coordina on with per nent agencies of government as
provided for in this Act. It shall provide training programs to local government units, in coordina on
with the Council, in ensuring wide understanding and applica on of this Act at the local level.
"(j) Commission on Filipinos Overseas – shall conduct pre-departure counseling services for Filipinos
in intermarriages. It shall develop a system for accredita on of NGOs that may be mobilized for
purposes of conduc ng pre-departure counseling services for Filipinos in intermarriages. As such, it
shall ensure that the counselors contemplated under this Act shall have the minimum qualifica ons
and training of guidance counselors as provided for by law.
"It shall likewise assist in the conduct of informa on campaigns against trafficking in coordina on
with local government units, the Philippine Informa on Agency, and NGOs.
"(k) Local government units (LGUs) – shall monitor and document cases of trafficking in persons in
their areas of jurisdic on, effect the cancella on of licenses of establishments which violate the
provisions of this Act and ensure effec ve prosecu on of such cases. They shall also undertake an
informa on campaign against trafficking in persons through the establishment of the Migrants
Advisory and Informa on Network (MAIN) desks in municipali es or provinces in coordina on with
the DILG, Philippine Informa on Agency (PIA), Commission on Filipinos Overseas (CFO), NGOs and
other concerned agencies. They shall encourage and support community-based ini a ves which
address the trafficking in persons.
"In implemen ng this Act, the agencies concerned may seek and enlist the assistance of NGOs,
people’s organiza ons (POs), civic organiza ons and other volunteer groups."
Section 16. A new Sec on 16-A is hereby inserted into Republic Act No. 9208, to read as follows:
"SEC. 16-A. Anti-Trafficking in Persons Database. – An an -trafficking in persons central database
shall be established by the Inter-Agency Council Against Trafficking created under Sec on 20 of this
Act. The Council shall submit a report to the President of the Philippines and to Congress, on or
before January 15 of every year, with respect to the preceding year’s programs and data on
trafficking-related cases.
"All government agencies tasked under the law to undertake programs and render assistance to
address trafficking in persons shall develop their respec ve monitoring and data collec on systems,
and databases, for purposes of ensuring efficient collec on and storage of data on cases of
trafficking in persons handled by their respec ve offices. Such data shall be submi ed to the Council
for integra on in a central database system.
"For this purpose, the Council is hereby tasked to ensure the harmoniza on and standardiza on of
databases, including minimum data requirements, defini ons, repor ng formats, data collec on
systems, and data verifica on systems. Such databases shall have, at the minimum, the following
informa on:
"(a) The number of cases of trafficking in persons, sorted according to status of cases, including the
number of cases being inves gated, submi ed for prosecu on, dropped, and filed and/or pending
before the courts and the number of convic ons and acqui als;
"(b) The profile/informa on on each case;
"(c) The number of vic ms of trafficking in persons referred to the agency by des na on
countries/areas and by area of origin; and
"(d) Disaggregated data on trafficking vic ms and the accused/defendants."
Section 17. Sec on 17 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 17. Legal Protection to Trafficked Persons. – Trafficked persons shall be recognized as vic ms of
the act or acts of trafficking and as such, shall not be penalized for unlawful acts commi ed as a
direct result of, or as an incident or in rela on to, being trafficked based on the acts of trafficking
enumerated in this Act or in obedience to the order made by the trafficker in rela on thereto. In this
regard, the consent of a trafficked person to the intended exploita on set forth in this Act shall be
irrelevant.
"Vic ms of trafficking for purposes of pros tu on as defined under Sec on 4 of this Act are not
covered by Ar cle 202 of the Revised Penal Code and as such, shall not be prosecuted, fined, or
otherwise penalized under the said law."
Section 18. A new Sec on 17-A is hereby inserted into Republic Act No. 9208, to read as follows:
"SEC. 17-A. Temporary Custody of Trafficked Victims. – The rescue of vic ms should be done as
much as possible with the assistance of the DSWD or an accredited NGO that services trafficked
vic ms. A law enforcement officer, on a reasonable suspicion that a person is a vic m of any offense
defined under this Act including a empted trafficking, shall immediately place that person in the
temporary custody of the local social welfare and development office, or any accredited or licensed
shelter ins tu on devoted to protec ng trafficked persons a er the rescue."
Section 19. A new Sec on 17-B is hereby inserted into Republic Act No. 9208, to read as follows:
"SEC. 17-B. Irrelevance of Past Sexual Behavior, Opinion Thereof or Reputation of Victims and of
Consent of Victims in Cases of Deception, Coercion and Other Prohibited Means. – The past sexual
behavior or the sexual predisposi on of a trafficked person shall be considered inadmissible in
evidence for the purpose of proving consent of the vic m to engage in sexual behavior, or to prove
the predisposi on, sexual or otherwise, of a trafficked person. Furthermore, the consent of a vic m
of trafficking to the intended exploita on shall be irrelevant where any of the means set forth in
Sec on 3(a) of this Act has been used."
Section 20. A new Sec on 17-C is hereby inserted into Republic Act No. 9208, to read as follows:
"SEC. 17-C. Immunity from Suit, Prohibited Acts and Injunctive Remedies. – No ac on or suit shall be
brought, ins tuted or maintained in any court or tribunal or before any other authority against any:
(a) law enforcement officer; (b) social worker; or (c) person ac ng in compliance with a lawful order
from any of the above, for lawful acts done or statements made during an authorized rescue
opera on, recovery or rehabilita on/interven on, or an inves ga on or prosecu on of an
an -trafficking case: Provided, That such acts shall have been made in good faith.
"The prosecu on of retaliatory suits against vic ms of trafficking shall be held in abeyance pending
final resolu on and decision of criminal complaint for trafficking.
"It shall be prohibited for the DFA, the DOLE, and the POEA officials, law enforcement officers,
prosecutors and judges to urge complainants to abandon their criminal, civil and administra ve
complaints for trafficking.
"The remedies of injunc on and a achment of proper es of the traffickers, illegal recruiters and
persons involved in trafficking may be issued motu proprio by judges."
Section 21. Sec on 20 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 20. Inter-Agency Council Against Trafficking. – There is hereby established an Inter-Agency
Council Against Trafficking, to be composed of the Secretary of the Department of Jus ce as
Chairperson and the Secretary of the Department of Social Welfare and Development as
Co-Chairperson and shall have the following as members:
"(a) Secretary, Department of Foreign Affairs;
"(b) Secretary, Department of Labor and Employment;
"(c) Secretary, Department of the Interior and Local Government;
"(d) Administrator, Philippine Overseas Employment Administra on;
"(e) Commissioner, Bureau of Immigra on;
"(f) Chief, Philippine Na onal Police;
"(g) Chairperson, Philippine Commission on Women;
"(h) Chairperson, Commission on Filipinos Overseas;
"(i) Execu ve Director, Philippine Center for Transna onal Crimes; and
"(j) Three (3) representa ves from NGOs, who shall include one (1) representa ve each from among
the sectors represen ng women, overseas Filipinos, and children, with a proven record of
involvement in the preven on and suppression of trafficking in persons. These representa ves shall
be nominated by the government agency representa ves of the Council, for appointment by the
President for a term of three (3) years.
"The members of the Council may designate their permanent representa ves who shall have a rank
not lower than an assistant secretary or its equivalent to mee ngs, and shall receive emoluments as
may be determined by the Council in accordance with exis ng budget and accoun ng rules and
regula ons."
Section 22. Sec on 22 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 22. Secretariat to the Council. – The Department of Jus ce shall establish the necessary
Secretariat for the Council.
"The secretariat shall provide support for the func ons and projects of the Council. The secretariat
shall be headed by an execu ve director, who shall be appointed by the Secretary of the DOJ upon
the recommenda on of the Council. The execu ve director must have adequate knowledge on,
training and experience in the phenomenon of and issues involved in trafficking in persons and in the
field of law, law enforcement, social work, criminology, or psychology.
"The execu ve director shall be under the supervision of the Inter-Agency Council Against Trafficking
through its Chairperson and Co-Chairperson, and shall perform the following func ons:
"(a) Act as secretary of the Council and administra ve officer of its secretariat;
"(b) Advise and assist the Chairperson in formula ng and implemen ng the objec ves, policies,
plans and programs of the Council, including those involving mobiliza on of government offices
represented in the Council as well as other relevant government offices, task forces, and
mechanisms;
"(c) Serve as principal assistant to the Chairperson in the overall supervision of council administra ve
business;
"(d) Oversee all council opera onal ac vi es;
"(e) Ensure an effec ve and efficient performance of council func ons and prompt implementa on
of council objec ves, policies, plans and programs;
"(f) Propose effec ve alloca ons of resources for implemen ng council objec ves, policies, plans
and programs;
"(g) Submit periodic reports to the Council on the progress of council objec ves, policies, plans and
programs;
"(h) Prepare annual reports of all council ac vi es; and
"(i) Perform other du es as the Council may assign."
Section 23. A new Sec on 26-A is hereby inserted into Republic Act No. 9208, to read as follows:
"SEC. 26-A. Extra-Territorial Jurisdiction. – The State shall exercise jurisdic on over any act defined
and penalized under this Act, even if commi ed outside the Philippines and whether or not such act
or acts cons tute an offense at the place of commission, the crime being a con nuing offense,
having been commenced in the Philippines and other elements having been commi ed in another
country, if the suspect or accused:
"(a) Is a Filipino ci zen; or
"(b) Is a permanent resident of the Philippines; or
"(c) Has commi ed the act against a ci zen of the Philippines.
"No prosecu on may be commenced against a person under this sec on if a foreign government, in
accordance with jurisdic on recognized by the Philippines, has prosecuted or is prosecu ng such
person for the conduct cons tu ng such offense, except upon the approval of the Secretary of
Jus ce.
"The government may surrender or extradite persons accused of trafficking in the Philippines to the
appropriate interna onal court if any, or to another State pursuant to the applicable extradi on laws
and trea es."
Section 24. Sec on 28 of Republic Act No. 9208 is hereby amended, to read as follows:
"SEC. 28. Funding. – The amount necessary to implement the provisions of this Act shall be charged
against the current year’s appropria ons of the Inter-Agency Council Against Trafficking under the
budget of the DOJ and the appropria ons of the other concerned departments. Therea er, such
sums as may be necessary for the con nued implementa on of this Act shall be included in the
annual General Appropria ons Act."
Section 25. A new Sec on 28-A is hereby inserted into Republic Act No. 9208, to read as follows:
"SEC. 28-A. Additional Funds for the Council. – The amount collected from every penalty, fine or
asset derived from any viola on of this Act shall be earmarked as addi onal funds for the use of the
Council. The fund may be augmented by grants, dona ons and endowment from various sources,
domes c or foreign, for purposes related to their func ons, subject to the exis ng accepted rules
and regula ons of the Commission on Audit."
Section 26. Sec on 32 of Republic Act No. 9208 of the Repealing Clause is hereby amended to read
as follows:
"SEC. 32. Repealing Clause. – Ar cle 202 of the Revised Penal Code, as amended, and all laws, acts,
presiden al decrees, execu ve orders, administra ve orders, rules and regula ons inconsistent with
or contrary to the provisions of this Act are deemed amended, modified or repealed accordingly:
Provided, That this Act shall not in any way amend or repeal the provisions of Republic Act No. 7610,
otherwise known as the ‘Special Protec on of Child Against Child Abuse, Exploita on and
Discrimina on Act.’"
Section 27. Sec on 33 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 33. Effectivity. – This Act shall take effect fi een (15) days following its complete publica on in
at least two (2) newspapers of general circula on."