*TIP Flashcards
“THE ANTI-TRAFFICKING IN PERSONS ACT OF 2003”
RA 9208
“Expanded Anti-Trafficking in Persons Act”
RA 10364
“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”
REPUBLIC ACT 10364
REPUBLIC ACT 10364
EFFECTIVITY OF THE EXPANDED LAW
- RA 10364 TAKE EFFECT FIFTEEN (15) DAYS FOLLOWING ITS COMPLETE PUBLICATION IN AT LEAST TWO (2) NEWSPAPERS OF GENERAL CIRCULATION
- IT WAS PUBLISHED ON _______ IN THE MANILA BULLETIN AND THE PHILIPPINE STAR
13 FEBRUARY 2013
– 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 OTHER FORMS OF SEXUAL EXPLOITATION, FORCED LABOR OR SERVICES, SLAVERY, SERVITUDE OR THE REMOVAL OR SALE OF ORGANS.”
TRAFFICKING IN PERSONS
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 ______ SHALL ALSO BE CONSIDERED AS ‘TRAFFICKING IN PERSONS’ EVEN IF IT DOES NOT INVOLVE ANY OF THE MEANS SET FORTH IN THE PRECEDING PARAGRAPH.”
“TRAFFICKING IN PERSONS…
EXPLOITATIVE PURPOSES
THERE ARE THREE INTERRELATED AND INTER-DEPENDENT ELEMENTS THAT MUST BE PRESENT TO ESTABLISH A TIP CASE:
- ACT/S
- MEANS
- EXPLOITATIVE PURPOSE
- Recruitment
- Obtaining
- Hiring
- Providing
- Offering
- Transportation
- Transfer
- Maintaining
- Harboring
- Receipt of persons
Acts
- Threat
- Use of force
- Coercion
- Abduction
- Fraud
- Deception
- Abuse of power
- Abuse of position
- Taking advantage of the vulnerability of the person
- Giving or receiving payment or benefits
Means
Prostitution of others •Other forms of sexual exploitation •Forced labor or services •Slavery or practices similar to slavery •Involuntary Servitude •Removal of organs •Children in armed conflict
Exploitative Purpose
If the victims are ____, each of these elements must be present and linked to each other: the act/s must be achieved by one of the means and both must be linked to achieving the exploitative purpose.
adults
If any one of the three components is absent, it can still be a criminal violation that may be prosecuted under the _____
Revised Penal Code and other special penal laws.
The element of _____ however need not be consummated. What is important is that the person was trafficked to be exploited.
exploitative purpose
Victim’s consent or knowledge is ______.
irrelevant
If the victim is a child, the _____ are irrelevant.
means
ELEMENTS
ACTS: recruits, obtains, hires, transports, harbors, provides, transfers, offers, maintains, or receives a person
- MEANS: any including offer of domestic or overseas employment, training or apprenticeship
- PURPOSES: prostitution, pornography, or sexual exploitation
RELEVANT EVIDENTIARY ITEM
-Certification about Authority/License to recruit from the POEA for overseas employment or from the DOLE for domestic employment
- Advertisements, flyers, websites, social media accounts re employment opportunities, exchange of text messages or other means of communication
- Employment contract, work permits
- Passports, tickets, travel itinerary and other travel documents
- Computer, accessories, disks and files
- Computer forensic examination report and expert testimony of examiner
Sec 4 (a) – TIP in the pretext of domestic/overseas employment
ELEMENTS
ACTS: introduces or matches any person to foreign national under the pretext of marriage
- MEANS: introduction or matching is for money, profit or material, economic or other consideration
- PURPOSES: to acquire, buy, offer, sell or trade the woman to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage
RELEVANT EVIDENTIARY ITEMS
Advertisements, flyers, brochures, social media accounts, websites re the match making service or business
- Letters, e-mails and other forms of correspondence, including pictures
- Passports, tickets, travel itinerary and other travel documents
- Applications for Marriage License from Civil Registrar, Marriage contract from NSO, Authority to Marry from the Embassy or Consulate of the foreign national
Sec 4 (b) – TIP in the pretext of mail-order bride scheme
ELEMENTS
- ACTS/MEANS: proposes marriage or got married to the person, whether real or simulated
- PURPOSES: to acquire, buy, offer, sell or trade the fiancée or spouse to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage
RELEVANT EVIDENTIARY ITEMS
Letters, e-mails and other forms of correspondence, including pictures
-Applications for Marriage License from Civil Registrar, Marriage contract from NSO, Authority to Marry from the Embassy or Consulate of the foreign national
Sec 4 (c) – TIP in the pretext of marriage
