Republic Act No. 9208

Citation acts constituting the crime

What is the distinction if the trafficking victim is an adult or a child?

Can persons who buy or engage the services of a prostituted person be penalized?

Sec.4 (a)

a) The offender recruits , transports , transfer , harbors , provide or receives a person

b) The acts/s is done by any means , including offer or domestic or overseas employment , training or apprenticeship

c) The person is intended to be used for prostitution , pornography , sexual exploitation , forced labor , slavery , involuntary servitude or debt bondage

What if the victim consents or has knowledge about the trafficking?

Sec. 11 penalizes any person who buys or engages the services of trafficked persons for prostitution. The first offense is punishable with 6 months community service as may be determined by the court and a fine of P50,000.00. The second and subsequent offenses are punishable with 1 year imprisonment and a fine of P100,000.00.

What acts and omissions are penalized under R.A.9208?

According to Sec.3 (b) of R.A.9208, a child refers to “a person below eighteen (18) years of age or one who is over eighteen (18) but is unable to fully take care of or protect himself/herself from abuse , neglect , cruelty , exploitation , or discrimination because of a physical or mental disability or condition.

If the trafficked person is a child , the means used by the offender to traffic the child is irrelevant.

The consent or knowledge of the victim to trafficking does not exempt or mitigate the criminal liability of the offender . it is not a material fact that can be raised as an issue in the case of trafficking in persons

What is prostitution?

According to Sec.3(c) of R.A.9208, 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 other consideration.

Acts of trafficking under Sec.4 is punishable with a penalty of imprisonment of twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not more than Two million pesos (2,000,000.00).

What is Forced Labor and Slavery?

According to Sec.3(d) of R.A.9208, forced labor and slavery refer to the extraction of work or services 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.

a. The trafficked person is a child .

b. The adaption is effected through the Inter – Country Adoption Act of 1995 (Republic Act No.8043) and the adoption is for the purpose of prostitution ,pornography , sexual exploitation , forced labor, slavery , involuntary servitude or debt bondage.

c. The act is committed by a syndicate or in large scale

d. The offenders 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.

Conclusion

e. The trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies.

f. The offender is a member of the military or law enforcement agencies.

g. By reason or an occasion of the act of trafficking in persons , the offended party dies , becomes insane , suffers mutilation , or is afflicted with HIV or AIDS.

REPUBLIC ACT NO. 9208

What circumstances constitute qualified trafficking in persons?

The Anti-Trafficking in Persons Act of 2003 or republic act no.9208 is the Philippine law adopted last may 26, 2003 to institute policies to eliminate trafficking in persons , especially women and children. It also identifies and mandates the creation of institutional mechanisms for the for the protection and support of trafficked persons and provides penalties for its violations.

When a person commits violation under Section 4 and any of the circumstances enumerated here in Section 6 are present, this increases the penalty to life imprisonment and a fine of not less than two million pesos but not more than Five Million Pesos:

As a rule , no person charged with an offense punishment by reclusion perpetua or life imprisonment ,shall be admitted to bail when evidence of guilt is strong,regardless of the stage of the criminal proceeding. Thus ,Qualified Trafficking in Persons is generally a non –bailable offense.

What are the Elements of Trafficking in Persons?

Sec. 3(a) of R.A.9208 defines “Trafficking in Persons” as follows:

“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 and abuse of power or of position."

1. ACT/S - The recruitment, transportation, transfer or harboring , or receipt of persons

2. MEANS - 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 of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person.

3. EXPLOITATIVE PURPOSE - 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

Who may report suspected cases of trafficking?

According to Sec.22 of the IRR of R.A.9208,any person who has any knowledge or learns of facts or circumstances that give rise to a reasonable belief that a person will be, or may be, or has been trafficked shall immediately report the same ,either orally , in writing or through other means.

Who may file a complaint for violation of R.A.9208?

- Any person who has personal knowledge of the commission of any offense under R.A.9208

-The trafficked person -siblings

-The Parents -spouse

-children -legal guardian

Republic Act No. 9208

FLORENCITA PAJILA RED