RA 9208 As Amended Byy RA 10364 And 118622 Flashcards
What is
Trafficking in Persons (TIP) ?
Trafficking in Persons (TIP) – refers to the recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, 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 the distribution, or both, of materials that depict child sexual abuse or exploitation, or other forms of sexual exploitation, forced labor or services slavery servitude, or the removal or sale of organs.
The recruitment, transportation transfer harboring, adoption or receipt of a child for the purpose of exploitation or when the adoption is induced by any form of consideration for exploitative 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.
Acts of Trafficking in Persons
To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual abuse or exploitation, production, creation, or distribution of CSAEM or CSAM, forced labor, slavery, involuntary servitude, or debt bondage;
(b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 10906 or the Anti-Mail Order Spouse Act, any Filipino to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, 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 prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt persons by any form of consideration for exploitative purposes or to facilitate the same for purposes of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(g) To adopt or facilitate the adoption of persons with or without consideration for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage, or to facilitate illegal child adoptions or childlaundering, or for other exploitative purposes;
(h) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, provide, offer, receive, or abduct a person, 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 activities or participate in activities in the context of an armed conflict in the Philippines or abroad;
(j) To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide, or receive a person by means defined in Section 3 of this Act for purposes of forced labor, slavery, debt bondage and involuntary servitude, including a scheme, plan, or pattern 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;
(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide, adopt, or receive a child for purposes of exploitation or trading them, including the act of buying or selling a child, or both for any consideration or for barter for purposes of exploitation. Trafficking for purposes of exploitation of children shall include:
(1) All forms of slavery or practices 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 prostitution, for the production of CSAEM or CSAM, or for pornographic performances;
(3) The use, procuring or offering of a child for the production and trafficking of drugs; and
(4) The use, procuring or offering of a child for illegal activities or work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals;
(l) To organize, provide financial support, or direct other persons to commit the offenses defined as acts of trafficking under this Act; and
(m) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive, or adopt a child for deployment abroad as migrant worker.
In cases where the victim is a child, what acts shall also be deemed as attempted trafficking in persons?
(a) Facilitating 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 written permit or justification from the child’s parent or legal guardian;
(b) Executing, for a consideration, an affidavit of consent or a written consent for adoption;
(c) Recruiting a woman to bear a child for the purpose of selling the child;
(d) Simulating a birth for the purpose of selling the child; and
(e) Soliciting a child and acquiring the custody thereof through any means from among hospitals, clinics, nurseries, daycare centers, refugee or evacuation centers, and low-income families, for the purpose of selling the child.
What is the liability of an accomplice?
Who are accomplices?
SEC. 4-C. Accessories. – Whoever has the knowledge of the commission of the crime, and without having participated therein, either as principal or as accomplices, take part in its commission in any of the following manners:
(a) By profiting themselves or assisting 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 assisting in the escape of the principal of the crime, provided the accessory acts with abuse of his or her public functions or is known to be habitually guilty of some other crime.
What acts promote trafficking in persons?
SEC. 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, tourism enterprise, or any similar establishment; or any vehicle or carrier by land, sea, and air; or any of their computer system or computer hardware, other computer-related devices, or any of their digital platform and application, for the purpose of promoting trafficking in persons;
(b) To produce, print and issue, or distribute unissued, tampered, or fake passports, birth certificates, affidavits of delayed registration of births, foundling certificates, travel clearances, counseling certificates, registration stickers, overseas employment certificates or other certificates of any government agency which issues these certificates, decals, and such other markers as p’roof of compliance with government regulatory and pre-departure requirements for the purpose of promoting trafficking in persons;
(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons;
(e) To facilitate, assist, or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports, knowing they ate not in possession of required travel documents, or are in possession of tampered, fake, or fraudulently
acquired travel documents, for the purpose of promoting 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;
(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of involuntary servitude, forced labor, or slavery;
(h) To tamper with, destroy, or cause the destruction of evidence, or to influence or attempt to influence witnesses, in an investigation or prosecution of a case under this Act;
(i) To destroy, conceal, remove, confiscate or possess, or attempt to destroy, conceal, remove, confiscate or possess, any actual or purported passport or other travel, immigration or working permit or document, or any other actual or purported government identification, of any person in order to prevent or restrict, or attempt 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 ;
(j) To utilize his or her office to impede the investigation, prosecution or execution of lawful orders in a case under this Act;
(k) For internet intermediaries to knowingly or by gross negligence allow their internet infrastructure to be used for the purpose of promoting trafficking in persons;
(l) For internet cafes, kiosks, and hotspots, including establishments offering Wi-Fi access services to the public, to knowingly or by gross negligence allow their facilities to be used for the purpose of promoting trafficking in persons;
(m) For financial intermediaries, including banks and credit card companies and money transfer or remittance centers, to knowingly or by gross negligence allow their services, online platform and applications, among others, to be used for the purpose of promoting trafficking in persons;
(n) To knowingly or by gross negligence facilitate, assist, or help in the entry into the country of persons who are convicted sex offenders whether at international and local airports, territorial boundaries, and seaports for the purpose of promoting trafficking in persons; or
(o) To arrange, facilitate, expedite, or cause the introduction or encounter of persons who are suspected or convicted sex offenders in any jurisdiction, to a child. The actual introduction or encounter need not occur to be liable under this provision. It is enough that there is a deliberate attempt to cause the introduction or encounter.
When is the crime of trafficking qualified?
SEC. 6. Qualified Trafficking in Persons. – Violations of Section 4 of this Act shall be considered as qualified trafficking:
(a) When the trafficked person is a child: Provided, That acts of online sexual abuse and exploitation of children shall be without prejudice to appropriate investigation and prosecution under other related laws;
(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the “Inter- Country Adoption Act of 1995” and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as a group;
(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 committed by a public officer or employee;
(e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies;
(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 mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS);
(h) When the offender, commits one or more acts of trafficking under Section 4 over a period of at least sixty (60) days, whether those days are continuous or not;
(i) When the offender, or through another, directs or manages the actions of a victim in carrying out the exploitative purpose of trafficking;
(j) When the crime is committed during a crisis, disaster, public health concern, pandemic, a humanitarian conflict, or emergency situation, or when the trafficked person is a survivor of a
disaster or a human-induced conflict;
(k) When the trafficked person belongs to an indigenous community or religious minority and is considered a member of the same;
(l) When the trafficked person is a person with disability (PWD);
(m) When the crime has resulted in pregnancy;
(n) When the trafficked person suffered mental or emotional disorder as a result of being victim of trafficking; or
(o) When the act is committed by or through the use of ICT or any computer system.
What are acts which are considered as trafficking for purposesof exploitation of children?
(1) All forms of slavery or practices 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 prostitution, for the production of CSAEM or CSAM, or for pornographic performances;
(3) The use, procuring or offering of a child for the production and trafficking of drugs; and
(4) The use, procuring or offering of a child for illegal activities or work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals;
