ra 9208.salient.feature

8/18/2019 RA 9208.Salient.feature

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Republic Act No. 9208

(The Anti-Trafficking in Persons

Act of 2003

Salient Features



!nite" Nations #on$ention Against

Transnational %rgani&e" #ri'e

(!N#T%#

Protocol to Pre$ent )uppress an" Punish

Trafficking in Persons *speciall+ ,o'en

an" #hil"ren (Paler'o Protocol

INTERNATIONAL LAW &CONVENTION



!ni$ersal eclaration of u'an Rights

#on$ention on the *li'ination of All /or's of iscri'ination

against ,o'en

#on$ention on the Rights of the #hil" an" its %ptional Protocols

1% #on$ention No. 82 (#on$ention #oncerning the Prohibition

an" ''e"iate Action for the *li'ination of the ,orst /or's of#hil" 1abor

#on$ention on the Protection of igrant ,orkers an" e'bers

of their /a'ilies

INTERNATIONAL LAW &CONVENTION



R.A. No. 9208 (The Anti-Trafficking in persons Act of 2003)

Other Relevant a!s"

Re$ise" Penal #o"e

R.A. 8042 (igrant ,orkers an" %$erseas /ilipinos Act

of 995

R.A. 6955 (ail %r"er 7ri"e 1a

R.A. 8043 (The nter-#ountr+ A"option of 995

DOMESTIC LAWS



Other Relevant a!s"

R.A. 60()pecial Protection of /ilipino #hil"ren Against

Abuse *:ploitation an" iscri'ination as a'en"e" b+ R.A.923 (Anti-#hil" 1abor 1a

R.A. 8239 (Philippine Passport Act of 996

R.A. 0 (%rgan onation Act of 99

R.A. 9262 (Anti-;iolence Against ,o'en an" Their #hil"renAct of 2004

DOMESTIC LAWS



Trafficking in Persons - refers to the recruitment, transportation,

transfer or harboring, or receipt of persons with or without the victim’s

consent or knowledge, within or across national borders by means of

threat or use of force, or other forms of coercion, abduction, fraud,

deception, abuse of power or of position, 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 exploitation which includes at a minimum, the

exploitation or the prostitution of others or other forms of sexual

exploitation, forced labor or services, slavery, servitude or the removal or

sale of organs. (Section 3, par. a of RA No. 9208).

Definition of Trafficking in Persons



Prostitution - refers to any act, transaction, scheme or design

involving the use of a person by another, for sexual intercourse or

lascivious conduct in exchange for money, profit or any otherconsideration.

/orce" 1abor an" )la$er+ – refer to the extraction ofwork or service from any person by means of enticement, violence,

intimidation or threat, use of force or coercion, including deprivation

of freedom, abuse of authority or moral ascendancy, debt-bondage

or deception.

Definitions



ebt 7on"age – refers to the pledging by the debtor of his/her

personal service 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 liquidation of the debt.

n$oluntar+ ser$itu"e – refers to a condition of enforced,

compulsory service induced by means of any scheme, plan or pattern,intended to cause a person to believe that , if the person did not enter

into or continue in such condition, that person or another person would

suffer serious harm or other forms of abuse or physical restraint, or the

abuse or threatened abuse of the legal process.

Definitions



)e: Touris' – refers to a program organied by travel and tourism

related establishments and individuals which consists of tourism

packages or activities, utiliing and offering escort and sexual services

as enticement for tourists. !his includes sexual services and practices

offered during rest and recreation periods for members of the military.

)e:ual *:ploitation – refers to participation by a person in

prostitution or the production of pornographic materials as a result ofbeing sub"ected to a threat, deception, coercion, abduction, force, abuse

of authority, debt bondage, fraud or through abuse of a victim’s

vulnerability.

Definitions



Pornograph+ – refers to any representation,

through publication, exhibition, cinematography,indecent shows, information technology, or by

whatever means, of a person engaged in real or

simulated explicit sexual activities or any

representation of the sexual parts of a personprimarily for sexual purposes.

Definitions



Acts of - 2 7+ 'eans of - 3 /or the purpose of -

#ecruitment !ransportation !ransfer or harboring, or #eceipt of

person

“with or without the victim’conent or !now"e#$e, within oracro nationa" %or#er&

threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of thevulnerability of the person or, the giving or receiving ofpayments or benefits to achievethe consent of a person havingcontrol over another person

exploitation or prostitutionof others, or other forms of

sexualexploitation,

forced labor or

services, slavery, servitude or the removal or

sale of organs.

ELEMENTS OFTRAFFICKING IN PERSONS



!he recruitment, transportation, transfer,

harboring or receipt of a $%&'( for the purpose

of exploitation shall also be considered astrafficking in persons even if it does not involve

any of the means set forth in the law

CHILD TRAFFICKING



#hil" – refers to a person below )* years of

age or one who is over )* but is unable to

fully take care of or protect himself/herselffrom abuse, exploitation, or discrimination

because of a physical or mental disability or

condition.

CHILD TRAFFICKING



Sec. 4

PUNISHABLE ACTS



Acts Penalties

Qualified Trafficking in PersonsLife imprisonment and a fine of P2million to 5million

Acts of Trafficking in Persons

20 years imprisonment and a fine of P1million to

2 million

Acts tat Promote Trafficking in Persons 15 years imprisonment and a fine of P500!000 to1 million

"iolation of confidentiality

# years imprisonment and a fine of P500!000 to 1

million

$se of trafficked Persons for Prostitution

1st offense% # monts community ser&ice and afine of P50!000' su(se)uent offenses% 1 yearimprisonment and a fine of P100!000.

PENALTIES



TP in the prete:t of "o'estic or o$erseas e'plo+'ent

ACTS OFTRAFFICKING IN PERSONS (TIP)



5) TIP for prostitution or pornography

ACTS OFTRAFFICKING IN PERSONS (TIP)



<noingl+ leasing or subleasing an establish'ent

ACTS THAT PROMOTESTRAFFICKING IN PERSONS



5 /acilitating e:it or entr+ of trafficking persons to=fro' international a

ACTS THAT PROMOTESTRAFFICKING IN PERSONS



)+ hen the trafficked person is a child

+ doption is effected through # *01 for the purpose of trafficking

1+ hen crime is committed by a syndicate or in large scale.

0+ hen the offender is an ascendant, parent, sibling, guardian, or a person

who exercises authority over a trafficked person or when offense iscommitted by a public officer or employee

2+ hen the trafficked person is recruited to engage in prostitution with anymember of the military

3+ hen the offender is a member of the military or law enforcementagencies

4+ hen the trafficked person dies, becomes insane, suffers mutilation or is

afflicted with %&5-&(6.

QUALIFIEDTRAFFICKING IN PERSONS



a isclosure of $icti' or offen"er>s i"entit+

VIOLATION OFCONFIDENTIALITY



How Committed

a) The ofender buys or engages the service o aperson or prostitution; and

b) The person used in prostitution is a trackedpersons.

USE OF TRAFFICKED PERSONS



CASE FILING: WHO?



1)

CASE FILING: WHERE?



1)

CASE FILING: AGAINST WHOM?



a

CASE FILING: WHEN?



Rescue Within the Country

1.



Rescue Within the Country

4.



)ec.

LEGAL PROTECTION



a) Emergency Shelter or Appropriate Housing

b) Counseling

c) Legal Assistance under RA 8042

d) Medical and Psychological serices

e) Lielihood and S!ills training

) Educational assistance to tra""ic!ed Children

g) Repatriation o" tra""ic!ed Persons

h) All "orms o" assistance necessary regardless o" immigration status in the hostcountry

PROGRAMS AND SERVICES FOR VICTIMS OFTRAFFICKING



)ec. 33

REHABILITATION AND REINTEGRATIONOF VICTIMS



Procedure for the Impementation of the Comprehensi!e Prog

1.



Pro&ides protection and assistance to trafficked persons *o are foreign national

OTHER SALIENT PROVISIONSOF RA 92!



MEMBERS E"#OFFICIO MEMBERS7 DOJ – Chair 7 D!"

7 D#$D – co%Chair 7 &'

7 D( 7 *CTC

7 DO!+

7 ' O$%' *'*+ A,*-.:

7 *&* - DOT % C$C

7 *O+ % Dep+d % *

7 &C,($ % DO- % T+#D

7 &"O /+C*T % Chi0dren) % DOTC % !"1s

7 &"O /CT$* %$o2en) - C-,

7 &"O O($ #ector % O$$

T% I*$'#A,*/ C0*-1 A,-*.$T'34-*, (IACAT)



FUNCTIONS OF THE IACAT



IACAT W5.-$

333.iacat.net



nter-Agenc+ #ouncil Against Trafficking

epart'ent of ?usticePa"re /aura *r'ita anila

A#AT- R*@%NA1 ANT-TRA//#<N@ TA)< /%R#*Region ;

Thank you!!!

ra 9208.salient.feature

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