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Good evening everyone, I’m Jobelle C.

Diaz and I’m here to present the continuation of the report last week.
So, one of the existing issues here in the Philippines are Human Trafficking, especially na mostly ang victims
po ay women and children that is why, to combat this problem the Philippine Government declared its full
support to the worldwide campaign to fight trafficking in persons. So, the Congress passed the Republic Act
No.9208, or otherwise known as the “Anti-Trafficking in Persons Act of 2003”, and it was amended by republic
act no. 10364 as an expanded anti-trafficking in person act of 2012
So, to fully Understand the Gravity of Human Trafficking, we must first define the different terminologies used
in this law.
We have here: (read the PowerPoint)
So, let’s start at Trafficking of a person
TRAFFICKING OF A PERSON,
(IS AN ILLEGAL ACT AND IS CONSIDERED AS VIOLATION OF HUMAN RIGHTS) it is considered as
violation of human rights because this crime deprives the victims of their fundamental rights and freedoms and
often involves deception, coercion, or abuse of vulnerabilities. SO, PARA MAS MABILIS NATIN TONG
MATANDAAN AND MAINTINDIHAN, TANDAAN LANG NATIN YUNG 3 ELEMENTS NG
TRAFFICKING OF A PERSON.
THESE ARE THE 3 INTERRELATED ELEMENTS NEEDED FOR A SITUATION TO BE CONSIDERED
AS TRAFFICKING IN PERSON.
SO, WE HAVE THE
ACTS- MEANS- PURPOSE
ACTS- (pag sinabi po nating acts it talks about the action involve) so it is the recruitment obtaining, hiring,
providing, offering, transportation, transfer, maintaining, harboring or receipt of a person, syempre with or
without the victims consent or knowledge, and within or across national boarder.
Next is MEANS- (when we say means eto naman po yung paraan or way para magawa yung acts natin yung
process sa pag recruitment, pag hire, yung pag transfer ng tao within or across national boarder) so means is
committed by use of threat, force or other form of coercion, so pag ginamitan ng pananakot pati nadin
deception, or inalok mo ng pera yung isang tao na may control sa isa pang tao kapalit ng consent nya. For
example, binayaran mo yung guardian nung isang menor de edad para payagan ka na dalhin yung bata sa ibang
bansa. That are the means of trafficking of a person. Means is paraan po
And lastly the PURPOSE- (purpose answers the question what is the reason of the act, ano ba yung dahilan
mo bakit ka nag hire, nag transfer or nag receipt ng isang tao from one country to another) kung ang purpose ng
pag hire or transfer mo is for, prostitution, or other forms of sexual exploitation. as well as force labor of the
services, slavery, involuntary servitude or the removal or sale of organs. Then the act is considered as a
trafficking of a person
SO WE MUST ALWAYS REMEMBER THAT THESE 3 ELEMENTS SHOULD BE PRESENT AND LINK
TO EACH OTHER.
Dapat si act ay na achieve by one of the means and para maachieve naman yung purpose dapat gawin si act at
means
For example, dinala mo yung isang tao sa ibang bansa against her will ( that is your act) sa paraan na tinakot
mo syang napapatayin mo pamilya nya if hindi sya sasama sayo ( and that is your means). tapos ang reason pala
ng pagdala mo sa kanya doon sa ibang bansa is para ibenta yung internal organs nya ( and that is your purpose)
That is considered as Trafficking of a person dahil kompleo yung elements of trafficking of a person the acts-
means- and purpose.
ALWAYS REMEMBERDIN PO NA IF ANY ONE OF THE ELEMENTS IS ABSENT THEN THE ACT MAY
NOT BE INVOVLE IN TRAFFICKING OF A PERSON. EXCEPT IF IT INVOLVES TRAFFICKING OF A
CHILD
Next terminology, is the Child – sino po ba yung child? Eto yung mga bata below 18 years of age or yung mga
tao na over 18 years old pero hindi kayang protektahan yung sarili nila sa discrimination or exploitation dahil sa
physical or mental disability or condition na meron sila.
Next is Prostitution - refers to any act or transaction of sexual intercourse or lascivious conduct in exchange for
money or profit
Next is Forced Labor and Slavery – it is the extraction of work or services from any person by means of force
threat and intimidation. Pwede din pong by enticement, violence or coercion, usually ang mga victim po ng
force labor is may mga debt bondage
(e) Sex Tourism – it is a program organized by travel and tourism-related establishments who offers escort and
sexual services especially for tourist.
(f) Sexual Exploitation – it is the participation of a person in prostitution. So papasok din po dito yung
pornography and Cyber-sex or any sexual act.
(g) Debt Bondage – kapalit ng utang ng isang tao is service acts nya. For example, magtatrabaho sya sa bahay
mo bilang kabayaran ng utang nya sa inyo. That is debt bondage
(h) Pornography – it is the representation of real or simulated explicit sexual activities for sexual purposes, like
picture, video or book that may arouse a quick intense emotional reaction to the viewer.

And lastly the Council – or the Inter-Agency Council Against Trafficking which was created under Section 20
of this law
We have this inter agency council against trafficking, which are Considered as the central coordinating body,
sila po yung responsible for coordinating, monitoring, and overseeing the implementation of the expanded act
of anti-trafficking in person.
It is composed of the following member agencies represented by their head: such as
 DOJ
 DSWD (Department of social welfare and development)
 Bureau of immigration
 Commission on Filipino oversea
 Department of foreign affairs
 DILG
 DOLE
 Philippine Center for transnational crime
 Philippine commission on women
 PNP
 Philippine overseas employment administration
 And 3 representatives from non-government organization (yung 3 representative po na ito is composed
of 1 representative from sector representing women, representative from ofw and 1 representative from
children.)
the Inter-Agency Council Against Trafficking conducts many different projects geared towards the
elimination of trafficking in persons in the Philippines, it also conducts prevention of the occurrence of
trafficking, protection and rehabilitation of victims as well as syempre conviction of trafficking offenders.

SO THESE ARE THE PUNISHABLE ACTS UNDER RA 9208 AS AMMENDED BY RA 10364


1. FIRST IS THE SECTION 04 OF RA 9208 OR ACTS OF TRAFFICKING IN PERSONS, THIS
INCLUDES ALL ACTS COMMITTED BY A NATURAL OR JUDIRICAL PERSON WEREBY ALL
OF THE THREE ELEMENTS I MENTIONED EARLIER, THE ACTS-MEANS- and PURPOSE ARE
ALL PRESENT AND INTERRELATED TO EACH OTHER.
Lahat po ng tao na mapapatunayang guilty sa acts of trafficking in person ay mag susuffer ng penalty of
imprisonment na 20 years and fine na minimum of 1 million pesos but not more than 2 million pesos.
2. THE SECOND ONE IS THE Section 5 OF RA 9208 OR THE Acts that Promote Trafficking in Persons.
SO, THIS INCLUDES ALL ACTS THAT ENCOURAGES OR FACILITATES TRAFFICKING IN PERSONS.
 For example, knowingly or allowing the use of any facility, house or establishment for promoting
Trafficking in person.
 OR Facilitate the use of tampered and fake documents to evade government regulatory and pre departure
requirements pati nadin po yung pag produce, print and issue or distribution of unissued, tampered or fake
counseling certificates.
 As well as yung pag advertise, publish, print, broadcast or pag distribute, ng any brochure, flyer, or any
propaganda material na nag popromote ng trafficking in persons;
 OR To facilitate, assist or help in the exit and entry of persons from one country to another.
 You can also be liable under this section if you confiscate, conceal, or destroy the passport, travel
documents, or kahit anong personal documents or belongings ng trafficked persons to prevent them from
leaving the country or seeking redress or help from the government.
 And lastly to knowingly benefit from, it can be financial or otherwise, to the labor or services of a person held
to a condition of involuntary servitude, forced labor, or slavery.

Lahat naman po ng taong mapapatunayang guilty sa section 05 or the acts that promotes trafficking in
person ay mag susuffer ng penalty of imprisonment of 15 years and fine na not less than 500 thousand
pesos but not more than 1 million pesos.

3. THIRD IS SECTION 6. Qualified Trafficking in Persons. - The following acts is considered as qualified
trafficking if the
(a) if the victim is a child
(b) or when the crime is committed by a syndicate,or large scale. I coconsider po nating sindikato yung
offender if the crime was committed by 3 or more person. Large scale trafficking naman if the victims are 3
or more person.
© it is also considered as qualified trafficking if the offender is an ascendant, parent, sibling, guardian or a
person who exercises authority over the trafficked person or pag ang offender ay isang public officer or
employee.
Ikookonsider din pong qualified trafficking in person kung yung victim a ineengaged sa prostitution sa kahit
na sinong member ng military or law enforcement agencies.
Or lastly if the victims becomes insane, or namatay, or nagkaroon ng sexual transmitted disease such as
AIDS and HIV dahil sa services na pinagawa mo sa kanya) then it is qualified trafficking
Lahat po ng taong mapapatunayang guilty ng qualified trafficking of a person ay mag su suffer ng penalty of
life imprisonment, and a fine na not less than 2 million pesos but not more than 5 million pesos

4. Section 11. Is Use of Trafficked Persons. – lahat po ng tao na bibili, mag aavail or mag eengaged sa services ng
trafficked person lalo na sa prostitution ay mag susuffer ng penalty na:
Sa First offense - six (6) months na community service and fine na 50 thousand pesos
Then sa pangalawang pagkakahuli or madalas na pagkakahuli (b) Second and subsequent offenses – is
penalty na 1 year imprisonment at 100 thousand pesos fine.

Last is the 5. Attempted Trafficking in Persons.


-diba when we say attempted it means that the commission of a crime is initiated, but the offender failed to or the
offender does not execute all the elements of the crime. So it will be considered as an attempted trafficking in
person if the offender initiates the trafficking act but does not execute all the needed elements.
Lahat po ng taong mapapatunanyang guilty sa attempted trafficking in person ay makukulong ng 15 years, and fine
na not less than 500 thousand to 1 million pesos.

FOR US TO HAVE A DEEPER UNDERSTANDING ABOUT THIS TOPIC I WILL DIFFERENTIATE


THIS 3. MOSTLY PO KASI NAGKAKAROON TAYO NG MISCONCEPTON SA TATLONG ITO, NALILITO
PO TAYO OR MINSAN NAPAGBABALIKTAD NATIN SILA. SO, THEY ARE
TRAFFICKING IN PERSON ----- ILLEGAL RECRUITMENT---------HUMAN SMUGGLING
Sa TIP- GUMAGAMIT PO TAYO NG COOERCION, FRAUD, DECEPTION, ABUSE OF VULNERABILITY
OR FORCE AND FOR RECRUITMENT DIBA
-AND AFTER RECRUITMENT, THE VICTIMSARE EXPLOITED. PWEDENG AND PURPOSE NG
RECRUITMENT MO IS FOR SLAVERY OR FOR SEXUAL EXPLOITATION.
-sa TIP DAPAT PO NA MAPATUNAYAN NATIN NA KOMPL,ETO SYA NG ELEMENT, MERON
SYANG (ACT-MEANS-AND PURPOSE) NA INTERCONNECTED TO EACH OTHER para makonsider
syang trafficking in person.
-AND TRAFFICKING IN PERSON, KATULAD PO NGV SABI KO KANINA IS A HUMAN RIGHTS
ISSUE

Next is ILLEGAL RECRUITMENT- WALA NAMAN SYANG GAMIT NA PAMIMILIT OR PANANAKOT BUT
MORE ON DECEPTION, PROMISE AND FRAUD. FOR EXAMPLE, PINANGAKUAN MO PO YUNG ISANG
TAO NG TRABAHO SA IBANG BANSA, IKAW YUNG NAG AYOS OR NAG FACILITATE NG
REQUIREMENTS NYA, LAHAT LAHAT HANGGANG SA MAKAALIS YUNG VICTIM NG BANSA PERO
WALA KA NAMAN PALANG LISCENCE TO DO SO UNDER Art 13 (PARAGRAPH F) of Presidential
Decree No. 442, eto po yung Authority or association " YUNG na inaallow ng Department of Labor NA
authorized na mag engage in recruitment and placement activities.
- SO ILLEGAL RECRUITMENT IS AN IMIGRATION CONCERN

LAST IS THE HUMAN SMMUGLING- HINDI PO GUMAGAMIT NG FORCE, THREATH OR DECEPTION


DITO. THE VICTIMS ARE ALSO AWARE SA PROCESS NG GINAGAWA NILA

-HUMAN SMUGGLING IS THE FACILITATING THE ENTRY OF ONE PERSON FOR A FEE. PARA
PO SA PERA
-KAYA NGA PO SINASABING HUMAN SMUGGLING IS AN ILLEGAL ENTRY BY NON-
COMPLIANCE WITH THE NECESSARY REQUIREMENTS FOR TRAVEL
-so kumbaga po hindi sya ginamitan ng force (which is the means in trafficking in person) at mas lalong hindi
for the purpose of slavery or sexual expoilation. And tangging act lang na ginawa ng offender ditto sa human
smuggling is dinala nya sa ibang bansa yung mga tao without license to so so, at mas lalong hindi dumaan
sa proper procedure.
FOR EXAMPLE, PARA PO HINDI KANA MAG BAYAD AT MAG AYOS NG REQUIREMENTS PARA
MAKAPUNTA SA IBANG BANSA SUMAKAY KA NALANG NG BANGKA, HANGGANG MAKARATING KA
SA VIETNAM. WHICH IS MAS MURA ANG BABAYARAN OR FEE KAYSA MAG AYOS NG VISA AND
OTHER REQUIREMENTS PLUS YUNG FARE PA NG EROPLANO NA SASAKYAN MO. That is human
smuggling

YUNG TAO PO NA NAG FACILITATE AT NAG PROCESS NG PAG ALIS MO GAMIT ANG BANGKA AY
LIABLE FOR HUMAN SMMUGLING.
-IT IS ALSO AN IMIGRATION CONCERN

SO THAT IS THE DIFFERENCE BETWEEN THE THREE, HOPEFULLY NALIWANAGAN PO TAYO


Next question is WHO MAY FILE A COMPLAINT?
 So ANY PERSON WhO HAS A PERSONAL KNOWLEDGE OF THE OFFENSE
 VICTIM
 CHILDREN
 PARENTS
 LEGAL GUARDIANS
 SPOUSE
 OR SIBLINGS OF THE VICTIMS can file a complaint
Yung government po natin under ra 9208 as amended by ra 10364
Meron silang PROGRAMS FOR TRAFFICKED PERSON
 the victim of trafficking in person are treated under WITNESS PROTECTION PROGRAM-
 as well as VICTIM COMPESATION PROGRAM, kung saan ang mga victim po ng trafficking in
person ay makakatanggap ng financial conmpensation from the government
 the victims of trafficking in person can also benefit from LEGAL PROTECTION and FREE
LEGAL ASSISTANCE
 yung mga information relating to the victims identity po are treated as a confidential
information den
 as well as MANDATORY SERVICES such as
o TEMPORARY HOUSING FACILITY
o COUNSELLING
o MEDICAL AND PSYCOLOGICAL SERVICES
o EDUCATIONAL ASSISTANCE
o LIVELIHOOD AND TRAINING SKILLS

Destiny Rescue Philippines is an augmented assistance program that provides resources and logistics to partnered law
enforcement agencies and national government agencies for the purpose of rescuing children from sexual exploitation and
human trafficking. Agencies include multiple divisions of the National Bureau of Investigation, Philippine National Police
and the Department of Social Welfare and Development.

Large-Scale Raids
Our rescue agents collaborate with law-enforcement teams to identify child sex trafficking victims and gather
the evidence needed to build a legal case against their traffickers. We collaborate with multiple government
agencies to coordinate a sting operation and free victims, arrest offenders and shut down establishments.

Post-Rescue
After a raid, our social workers work alongside government social workers to ensure that the survivors’
immediate needs are met including temporary housing, care and essential items.

nti-trafficking Expertise
We have helped rescue children, and even adults, from various types of trafficking in the country such as labor
and cybersex trafficking. Our team’s expertise is recognized, used, and valued by law enforcement.

What is the government doing to stop human trafficking in Philippines?


One of the effort of government to stop trafficking in the philippines included investigating more
trafficking crimes, convicting more traffickers, amending its anti-trafficking law, kaya nga po na
ammend yung ra 9208 natin, and increasing funding to the Inter-Agency Council Against Trafficking
(IACAT), and sentencing nearly all traffickers to significant prison terms.

So thankyou for listening, this ends my presentattion

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