TRAFFICKI

NG IN
PERSONS
 Definition
The recruitment, transport, transfer, harboring or receipt of a
person by such means as threat or use of force or other forms of
coercion, abduction, fraud or deception for the purpose of
exploitation.
Core Elements of the Concept of
Trafficking
The action of trafficking which means the
recruitment, transportation, transfer, harboring or
receipt of persons;

The means of trafficking which includes threat of

or the use of force, deception, coercion, abuse of
power or position of vulnerability;

The purpose of trafficking is always exploitation.

 Note:
Exploitation shall include, at a minimum, the
exploitation or the prostitution of others or other
forms of sexual exploitation, forced labor or
services, slavery or practices similar to slavery,
servitude or removal of organs.
 Anti-Trafficking In Persons
Act Of 2003 [ RA 9208]
The Fight against human trafficking in the Philippines is
guided by REPUBLIC ACT NO. 9208 (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)
as amended by RA 10364 also known as the Expanded Anti-
Trafficking in Persons Act of 2012.
 The following acts are punishable under RA 9208 as amended by RA
10364:
Acts of TIP – includes all acts committed by any natural or juridical person where all
the three elements of TIP (acts, means, purpose) are present. Some examples are:
Recruitment, hiring, offering, transferring, harboring or receiving any person for the purpose of
01 prostitution, pornography, sexual exploitation, under the pretext of domestic or overseas
employment or apprenticeship;

Undertaking or organizing tours and travel plans consisting of tourism packages or activities for
02 the purpose of utilizing and offering persons for prostitution, pornography or sexual
exploitation;

03 Maintaining or hiring a person to engage in prostitution or pornography;

04 Adopting persons by any form of consideration for exploitative purposes; and

Recruitment, hiring, adopting, transporting, obtaining, harboring, offering, receiving or

05 abducting a person, by means of threat or use of force, fraud, deceit, violence, coercion, or
intimidation for the purpose of removal or sale of organs of said person.
 Acts that promote TIP – includes all acts that
encourages or facilitates TIP such as:
Knowingly using or allowing the use of any house or establishment for
promoting TIP
Facilitating the use of tampered or fake documents to evade government
regulatory and pre-departure requirements;
Production, publication, broadcast and distribution, including use of ICT for
propaganda materials that promote TIP;
Assisting in the conduct of misrepresentation or fraud in securing Clearances
and necessary exit documents from government, and facilitating exit/entry of
persons possessing tampered or fraudulent travel documents for promoting
TIP;
Preventing a trafficked person from seeking redress from appropriate
agencies by confiscating or destroying his/her passport, travel or personal
documents;
 Acts that promote TIP – includes all acts that
encourages or facilitates TIP such as:

Tampering with or destroying of evidence, or influencing or

attempting to influence witnesses in an investigation or prosecution
of a TIP case;
Destroying, concealing, removing, confiscating or possessing travel
and/or working documents of any person in order to maintain the
labor or services of that person; and
Using one’s office to impede the investigation, prosecution or
execution of lawful orders in a case.
 Qualified TIP – the act will be
considered as qualified TIP when:

The trafficked person is a child

There is adoption under RA 8043 (Inter-Country Adoption

Act) and said adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;

The crime is committed by a syndicate or is large scale;

The offender is a spouse, ascendant, parent, sibling,

guardian or a person who exercises authority over the
trafficked person;

The offense is committed by a public official or employee;

 Qualified TIP – the act will be
considered as qualified TIP when:

The offense is committed by a public official or

employee;
The trafficked person is recruited to engage in
prostitution with any member of the military or
law enforcement agencies;
The offender is a member of the military or law
enforcement agencies;
He trafficked person died, became insane,
suffered mutilation or got infected with
HIV/AIDS;
 PENALTY

Qualified
Trafficking in
Life imprisonment and a fine of ₱
Persons 2,000,000 to ₱ 5,000,000
Trafficking in 20 years imprisonment and a fine
Persons
of ₱ 1,000,000 to ₱ 2,000,000
Promoting
Trafficking in
15 years imprisonment and a fine
Persons of ₱ 500,000 to ₱ 1,000,000
 Use of Trafficked
Persons for Prostitution
6 months community service and a fine of ₱
First Offense:
50,000
Subsequent
1 year imprisonment and a fine of ₱ 100,000
Offense:

In addition to imprisonment and fine, an offender who is a foreigner shall be

immediately deported and permanently barred from entering the country
after serving jail terms, while an offender who is a public official shall be
dismissed from service and suffer perpetual absolute disqualification to hold
public office.
 Example
Recruitment s
and grooming: A man and a
woman meet briefly at a party and afterwards,
he follows her on social media. He contacts her
after she posts about a breakup with her baby’s
father. He is everything she ever dreamed of – a
great listener, very supportive. He showers her
with gifts. She is deeply in love and believes she
has found the person she will build her family
with. One night he takes her to a party and he
tells her to be “nice” to his friends – to earn
jewelry. He makes it seem like it’s no big deal
at first, so she does it. But then it becomes more
frequent.
 Example
s
Coercion and control: He keeps all the
money she earns and tells her he is
saving for them to buy a house.
Sometimes he hits her to help her
understand how much he needs for
her to contribute. He says he will stop
loving her and she will be alone again
if she keeps making trouble.
 Recruitment and grooming: A
Exploitatio
n of trafficker hangs outside the
addiction municipal courthouse chatting up
people as they come out of drug
court, where they were busted for
use charges. He offers them drugs
for free, and slowly feeds their
addiction. Soon, in order to access
drugs, the trafficker tells them
that they have to engage in sex
acts for money.
Exploitatio
n of Coercion and control: Whenever
addiction the victim begins to talk about
getting clean and getting out of
prostitution, stripping, or porn,
the trafficker gives them more
drugs and builds their
dependency. He also warns that he
will report their drug use to their
probation officer if they leave.
 Situation
Denji is just 14 years old when his uncle, his lone relative that
raised him, died of terminal cancer. Little did he know, his uncle
was a member of a drug syndicate. One day, a group of armed
men approached him together with a man who claimed to be his
uncle’s boss. The man informed Denji about his uncle’s debt, told
him that he should pay for the debt left by his uncle, but since
Denji is utterly incapable of paying the debt, the boss offered him
to be a drug pusher under his wing until the amount of debt is
paid. Denji was not given a chance to say no, as the boss warned to
kill him if he won’t submit. Being just a kid, Denji spent the day
onwards selling dangerous drugs.

 Is the situation above a form of trafficking in persons?

THANK YOU
 MEMBERS:
• FRANCISCO, RIO
• VILLARUZ, SHELLA
• UROT, MICHAEL
• NOBLEZA, ALMA
• SUMALPONG, RUFFA
• SARNO, JOHN
• VIESCA, MARY GRACE