Introduction: What is Human Trafficking?
Human Trafficking has been prevalent and is actually a very serious offense. The victims of human trafficking are usually minors since they are the most vulnerable targets. A lot of syndicates run their businesses through human trafficking. They exploit people and children to earn money.
They subject their victims into physical and sexual torture. Parents should always watch their children in order to prevent human trafficking. They should be able to give them the necessary protection to avoid being one of the victims thereof.
Section 3(a) of Republic Act No. 103641 or the Expanded Anti-Trafficking in Persons Act of 2012 defines trafficking in persons as:
“(a) Trafficking in Persons – 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.2
“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.2
It is an undeniable fact that human trafficking is a pressing issue which needs to be resolved as soon as possible before it can destroy many more lives.
Through the conscious effort of the government, they have enacted laws to protect people from human trafficking so that they can live a life with dignity and live a life free from fear and anxiety.
What laws have been passed to stop human trafficking?
In order to stop human trafficking, the Congress has enacted several laws to address this pressing concern. It enacted Republic Act [RA] No. 92083 or the “Anti-Trafficking in Persons Act of 2003”.
Section 2 of said Act provides that the State values the dignity of every human person and it guarantees the respect of individual rights.
To pursue this policy, the State gives highest priority to the enactment of measures and development of programs that will promote:
- human dignity,
- protect the people from any threat of violence and exploitation,
- eliminate trafficking in persons, and
- mitigate pressures for involuntary migration and servitude of persons.
They are not only to support trafficked persons but more importantly, to ensure their recovery, rehabilitation, and reintegration into the mainstream of society.
Moreover, the Congress also enacted Republic Act No. 10364 or otherwise known as the “Expanded Anti-Trafficking in Persons Act of 2012”.
This Act amended Section 2 of RA 9208 and expanded the Declaration of Policy. It added the provision which provides that it shall be a State policy to recognize the equal rights and inherent human dignity of women and men as enshrined in the following:
- United Nations Universal Declaration on Human Rights,
- United Nations Convention on the Elimination of All Forms of Discrimination Against Women,
- United Nations Convention on the Rights of the Child,
- United Nations Convention on the Protection of Migrant Workers and their Families,
- United Nations Convention Against Transnational Organized Crime Including its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and
- All other relevant and universally accepted human rights instruments and other international conventions to which the Philippines is a signatory.
Since the State values the dignity of every human person, it made measures to protect this dignity from any harm which may be caused by anyone.
Moreover, it gives victims of human trafficking another chance in life and live a normal life without feeling any discrimination and go back to how things were before.
What is Republic Act 9208?
Republic Act 9208 or the Anti-Trafficking in Persons Act of 2003 is a statute which President Gloria Macapagal Arroyo signed during her presidency to address the issue regarding human trafficking in order to safeguard human dignity and to provide measures to protect people from any form of trafficking or exploitation.
It gives victims of trafficking another shot in life so they could regain their normal lives and can be reintegrated in the society without any discrimination.
What is R.A No. 10364?
Republic Act 10364 or the Expanded Anti-Trafficking in Persons Act of 2012 is a law which expanded RA 9208. Just like RA 9208, this law desires to protect human dignity. It provides measures which would eliminate trafficking. It gives avenues for rehabilitation to the victims of such crimes, so that they could once again exist in a better living condition and and in a normal environment.
How are these laws violated?
These laws, both RA 10364 and RA 9208, are violated by committing the following acts:
“SEC. 4. Acts of Trafficking in Persons. – It shall be unlawful for any person, natural or juridical, to commit any of the following acts:
“(a) 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, or sexual exploitation;2
“(b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman 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;2
“(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;2
“(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;2
“(e) To maintain or hire a person to engage in prostitution or pornography;2
“(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;2
“(g) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;2
“(h) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, provide, offer, receive or abduct 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;2
“(i) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive or adopt a child to engage in armed activities in the Philippines or abroad;2
“(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:2
“(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; or2
“(2) To abuse or threaten the use of law or the legal processes; and2
“(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide, adopt or receive a child for purposes of exploitation or trading them, including but not limited to, the act of baring and/or selling a child for any consideration or for barter for purposes of exploitation. Trafficking for purposes of exploitation of children shall include:2
“(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
“(2) The use, procuring or offering of a child for prostitution, for the production of pornography, or for pornographic performances;2
“(3) The use, procuring or offering of a child for the production and trafficking of drugs; and2
“(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; and2
“(l) To organize or direct other persons to commit the offenses defined as acts of trafficking under this Act.
What is the penalty for human trafficking in the Philippines?
Section 12 of RA 103641 provides the penalties for human trafficking which are:
“SEC. 10. Penalties and Sanctions. – The following penalties and sanctions are hereby established for the offenses enumerated in this Act:4
“(a) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer the 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 (P2,000,000.00);2
“(b) Any person found guilty of committing any of the acts enumerated in Section 4-A of this Act shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);2
“SEC. 4-A. Attempted Trafficking in Persons. – Where there are acts to initiate the commission of a trafficking offense but the offender failed to or did not execute all the elements of the crime, by accident or by reason of some cause other than voluntary desistance, such overt acts shall be deemed as an attempt to commit an act of trafficking in persons. As such, an attempt to commit any of the offenses enumerated in Section 4 of this Act shall constitute attempted trafficking in persons.5
“In cases where the victim is a child, any of the following acts shall also be deemed as attempted trafficking in persons:6
“(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;6
“(b) Executing, for a consideration, an affidavit of consent or a written consent for adoption;6
“(c) Recruiting a woman to bear a child for the purpose of selling the child;6
“(d) Simulating a birth for the purpose of selling the child; and6
“(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.”6
“(c) Any person found guilty of Section 4-B of this Act shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);4
“SEC. 4-B. Accomplice Liability. – Whoever knowingly aids, abets, cooperates in the execution of the offense by previous or simultaneous acts defined in this Act shall be punished in accordance with the provisions of Section 10(c) of this Act.”7
“In every case, conviction shall cause and carry the automatic revocation of the license or registration of the recruitment agency involved in trafficking. The license of a recruitment agency which trafficked a child shall be automatically revoked.8
“(d) Any person found, guilty of committing any of the acts enumerated in Section 59 shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);4
“(e) Any person found guilty of qualified trafficking under Section 610 shall suffer the penalty of life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five million pesos (P5,000,000.00);11
“(f) Any person who violates Section 712 hereof shall suffer the penalty of imprisonment of six (6) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);4
“(g) If the offender is a corporation, partnership, association, club, establishment or any juridical person, the penalty shall be imposed upon the owner, president, partner, manager, and/or any responsible officer who participated in the commission of the crime or who shall have knowingly permitted or failed to prevent its commission;2
“(h) The registration with the Securities and Exchange Commission (SEC) and license to operate of the erring agency, corporation, association, religious group, tour or travel agent, club or establishment, or any place of entertainment shall be cancelled and revoked permanently. The owner, president, partner or manager thereof shall not be allowed to operate similar establishments in a different name;2
“(i) If the offender is a foreigner, he or she shall be immediately deported after serving his or her sentence and be barred permanently from entering the country;2
“(j) Any employee or official of government agencies who shall issue or approve the issuance of travel exit clearances, passports, registration certificates, counseling certificates, marriage license, and other similar documents to persons, whether juridical or natural, recruitment agencies, establishments or other individuals or groups, who fail to observe the prescribed procedures and the requirement as provided for by laws, rules and regulations, shall be held administratively liable, without prejudice to criminal liability under this Act. The concerned government official or employee shall, upon conviction, be dismissed from the service and be barred permanently to hold public office. His or her retirement and other benefits shall likewise be forfeited; and2
“(k) Conviction, by final judgment of the adopter for any offense under this Act shall result in the immediate rescission of the decree of adoption.”2
What is the importance of RA 10364 and RA 9208?
The importance of RA 10363 and RA 9208 is that it affords protection to people against human trafficking since the State has an interest in safeguarding human dignity. The law creates measures, as well, for the reintegration of these victims into the society.
Does RA 10364 amend in toto RA 9208?
RA 10364 did not amend in toto RA 9208. RA 10364 only expanded RA 9208. It only amended certain provisions in RA 9208. They both complement each other.
The need to expand in the new law may have been brought about by the continuous ramifications and innovations of wrongful acts in relation to the commission of human trafficking.
Discuss briefly child trafficking in the Philippines and how will it be prevented?
Child trafficking is the recruitment of persons below 18 years of age or anyone over 18 but is unable to fully take care of himself for the purpose of exploitation.
This can be prevented by providing the necessary protection to your child and educating them about what they should do when a stranger tries to talk to them since parents cannot monitor their children 24/7.
Education is so essential to avoid child trafficking. Minors are susceptible to trickery and offenders take advantage of their vulnerability.
How human traffickers get their victims?
Human traffickers get their victims through a variety of means. They offer or promise them something in order to arouse their attention. Once they already enticed their victim, they proceed with their sinister plans.
Is human trafficking a bailable offense?
Human trafficking may be a bailable offense for some of the violations of the law since, in those instances, it does not provide that the acts are punishable by death, reclusion perpetua or life imprisonment.
However, RA 10364 amended RA 9208. It now provides in Section 13 of RA 10364 the maximum penalty of 40 years when the trafficked persons are used. Hence:
“Section 13. Section 11 of Republic Act No. 9208 is hereby amended to read as follows:1
“SEC. 11. Use of Trafficked Persons. – Any person who buys or engages the services of a trafficked person for prostitution shall be penalized with the following: Provided, That the Probation Law (Presidential Decree No. 968) shall not apply:2
“(a) Prision Correccional in its maximum period to prision mayor or six (6) years to twelve (12) years imprisonment and a fine of not less than Fifty thousand pesos (P50,000.00) but not more than One hundred thousand pesos (P100,000.00): Provided, however, That the following acts shall be exempted thereto:2
“(1) If an offense under paragraph (a) involves sexual intercourse or lascivious conduct with a child, the penalty shall be reclusion temporal in its medium period to reclusion perpetua or seventeen (17) years to forty (40) years imprisonment and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);2
“(2) If an offense under paragraph (a) involves carnal knowledge of, or sexual intercourse with, a male or female trafficking victim and also involves the use of force or intimidation, to a victim deprived of reason or to an unconscious victim, or a victim under twelve (12) years of age, instead of the penalty prescribed in the subparagraph above the penalty shall be a fine of not less than One million pesos (P1,000,000.00) but not more than Five million pesos (P5,000,000.00) and imprisonment of reclusion perpetua or forty (40) years imprisonment with no possibility of parole; except that if a person violating paragraph (a) of this section knows the person that provided prostitution services is in fact a victim of trafficking, the offender shall not be likewise penalized under this section but under Section 10 as a person violating Section 4; and if in committing such an offense, the offender also knows a qualifying circumstance for trafficking, the offender shall be penalized under Section 10 for qualified trafficking. If in violating this section the offender also violates Section 4, the offender shall be penalized under Section 10 and, if applicable, for qualified trafficking instead of under this section;2
“x x x x . . . .”
What may have been the causes of human trafficking in the Philippines?
The cause of human trafficking in the Philippines is mostly due to poverty. Since a lot of people barely survive, they resort to illegal activities to earn more money in order for them to survive.
It cannot be denied that poverty is a factor why crime rates in the Philippines is high. Thus, this issue should be addressed since it causes the increase of crime rates, in all kinds, let alone human trafficking.
How to prosecute human trafficking crimes in the Philippines?
Human trafficking crimes in the Philippines can be prosecuted by filing a complaint for violation of the Act for the purpose of inquest or preliminary investigation with the following agency and territorial jurisdiction:
- Department of Justice – National Prosecution Service, or
- Provincial/City Prosecution Office;
- where the offense was committed;
- where any of the elements of the offense occurred; or
- where the trafficked person resides at the time of the commission of the crime.
Cases involving trafficking in persons should not be dismissed based on the affidavit of desistance executed by the victims or their parents or legal guardians. Prosecutors are directed to oppose and manifest objections to motions for dismissal.
Once there is showing of probable cause, a case will be filed in Court. After trial of the case, the Court will render judgment.
How to report human trafficking in the Philippines?
Any person who has the personal knowledge on the trafficking incidence can immediately report to any of the following:
- Barangay authorities;
- Nearest police or other law enforcement agencies;
- Local social welfare and development office;
- Any member agencies of the Inter-Agency Council Against Trafficking (IACAT);
- Local anti-trafficking committee or task force;
- Local council for the protection of children; or
- 1343 Action line against Human International trafficking in persons can be reported to the following:
- Philippine Embassy/Consulate which has jurisdiction over the place where the trafficking occurred or where the trafficked person is or may be found;
- All officers, representatives and personnel of the Philippine government posted abroad under the leadership of the Ambassador or the head of mission; or
- Office of the Undersecretary for Migrant Workers Affairs (OUMWA) of the Department of Foreign Affairs (DFA).
Summarily discuss the effects and consequences of human trafficking
Human trafficking causes a huge amount of damage to the dignity of the victim and will forever leave a mark on him. Victims become depressed after such incident. They find difficulty going back to their normal lives.
Thus, the State provides measures to help these victims get their lives back and be reintegrated into the mainstream society.
For trafficked persons to recover from the horrible experience they had, the government offered certain services which are available for trafficked persons to help them in their recovery, both psychologically and physically:
- Temporary housing and food facilities;
- Psychological support and counseling;
- Free legal services;
- Medical or psychological services;
- Livelihood and skills training;
- Educational assistance to a trafficked child; and
- 24-hour call center for crisis calls and technology- based counseling and referral system.
Cite Related Jurisprudence
The Supreme Court, in one case, elucidated the following:
“Section 3 (a) of RA 9208 defines the term “Trafficking in Persons” as 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.”13
“The same provision further provides that “[t]he recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall also be considered as ‘trafficking in persons’ even if it does not involve any of the means set forth in the preceding paragraph.”14
“As correctly ruled by the courts a quo, accused-appellants are guilty beyond reasonable doubt of three (3) counts of Qualified Trafficking in Persons under Section 4 (e) in relation to Section 6 (a) and (d) of RA 9208 as the prosecution had established beyond reasonable doubt that:14
“(a) they admittedly are the biological parents of AAA, BBB, and CCC, who were all minors when the crimes against them were committed; (b) they made their children perform acts of cybersex for different foreigner customers, and thus, engaged them in prostitution and pornography; (c) they received various amounts of money in exchange for the sexual exploitation of their children; and14
“(d) they achieved their criminal design by taking advantage of their children’s vulnerability as minors and deceiving them that the money they make from their lewd shows are needed for the family’s daily sustenance.” 14
Closing Perspective
Human Trafficking is indeed a pressing concern which should be given immediate action. This crime can ruin a lot of lives even when it is already over because the trauma remains. Victims of Human Trafficking find difficulty in recovering from this event. As a result, they are isolated from the mainstream society and live behind closed doors. Apparently, they think it is much safer there.
The dignity of a human being should be given paramount importance, and the State, being the protector of its people, should do whatever it takes (and grab every measure) in order to ensure that everyone is protected, so that we can live a life without fear.
- RA 10364[↩][↩][↩]
- Ibid.[↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩]
- RA 9028[↩]
- Section 12, Ibid.[↩][↩][↩][↩]
- Section 5, RA 10364[↩]
- Ibid[↩][↩][↩][↩][↩][↩]
- Section 6, RA 10364[↩]
- Section 12, Ibid.[↩]
- Section 5 [RA 9028] and Section 8 [RA 10364][↩]
- Section 6 [RA 9028] and Section 9 [RA 10364][↩]
- Section 12, Ibid.[↩]
- Section 7 [RA 9028] and Section 10 [RA 10364][↩]
- People of the Philippines vs. XXX and YYY, G.R. No. 235652, July 09, 2018[↩]
- Ibid.[↩][↩][↩][↩]