AN ACT STRENGTHENING THE POLICIES ON ANTI-TRAFFICKING IN PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND APPROPRIATING FUNDS THEREFOR

Eighteenth Congress
Third Regular Session

[ REPUBLIC ACT NO. 11862, June 23, 2022 ]

AN ACT STRENGTHENING THE POLICIES ON ANTI-TRAFFICKING IN PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND APPROPRIATING FUNDS THEREFOR, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9208, AS AMENDED, OTHERWISE KNOWN AS THE “ANTI-TRAFFICKING IN PERSONS ACT OF 2003”, AND OTHER SPECIAL LAWS

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Section 1 of Republic Act No. 9208, as amended, is hereby amended to read as follows:

"Section 1. Short Title. - This Act shall be known as the 'Expanded Anti-Trafficking in Persons Act of 2022.'"

Section 2. Section 2 of Republic Act No. 9208, as amended, is hereby further amended to read as follows:

"Section 2. Declaration of Policy. - It is hereby declared that the State values the dignity of every human person and guarantees the respect of individual rights. In pursuit of this policy, the State shall give 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, not only to support trafficked persons but more importantly, to ensure their recovery, rehabilitation, and reintegration into the mainstream of society in a manner that is culturally-responsive, gender- and age-appropriate, and disability-inclusive.

It shall be a State policy to recognize the equal and inalienable rights and inherent human dignity of all members of the human family, as enshrined in the 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 and its optional protocols to which the Philippines is a party, 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, International Labor Organization Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor, the UN Global Compact for Safe, Orderly and Regular Migration, and the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, and all other relevant and universally accepted human rights instruments and other international conventions to which the Philippines is a party. In all actions concerning children, their best interests shall be the paramount consideration."

Section 3. Section 3 of Republic Act No. 9208, as amended, is hereby further amended to read as follows:

Section 4. Section 4 of Republic Act No. 9208, as amended, is hereby further amended to read as follows:

Section 5.Section 5 of Republic Act No. 9208, as amended, is hereby further amended to read as follows:

Section 6. Section 6 of Republic Act No. 9208, as amended, is hereby further amended to read as follows:

Section 7. Section 8 of Republic Act No. 9208, as amended, is hereby further amended to read as follows:

Section 8. Section 9 of Republic Act No. 9208 is hereby deleted, and a new Section 9 shall read as follows:

Section 9. Section 10 of Republic Act No. 9208, as amended, is hereby further amended to read as follows:

Section 10. Section 15 of Republic Act No. 9208 is hereby amended to read as follows:

Section 11. Section 16 of Republic Act No. 9208, as amended, is hereby further amended to read as follows:

Section 12. Section 19 of Republic Act No. 9208 is hereby amended as follows:

Section 19. Trafficked Persons Who are Foreign Nationals. - Subject to the guidelines issued by the Council, trafficked persons in the Philippines who are nationals of a foreign country shall also be entitled to appropriate protection, assistance and services available to trafficked persons under this Act, including the provision of interpreters and coordination with their respective embassies with the express consent of the victims: Provided, That they shall be permitted continued presence in the Philippines for a length of time prescribed by the Council as necessary to effect the prosecution of offenders.

Section 13. Section 20 of Republic Act No. 9208, as amended, is hereby further amended to read as follows:

Section 14. Section 21 of Republic Act No. 9208 is hereby amended to read as follows:

Section 15. Section 22 of Republic Act No. 9208, as amended, is hereby further amended to read as follows:

Section 16. Section 24 of Republic Act No. 9208 is hereby amended to read as follows:

Section 17. Section 26-A of Republic Act No. 9208, as amended, is hereby further amended to read as follows:

Section 18. Section 28 of Republic Act No. 9208, as amended, is hereby further amended to read as follows:

Section 28. Appropriations. - The amount necessary for the implementation of this Act shall be included in the annual General Appropriations Act.

Section 19. Section 29 of Republic Act No. 9208 is hereby amended to read as follows:

"Section 29. Implementing Rules and Regulations (IRR). - The IACAT shall, in consultation with representatives from other relevant government agencies such as CWC, DICT, CICC, PNP, NBI, NTC, NPC, the internet intermediaries, and concerned NGOs, promulgate the necessary rules and regulations to implement this Act, within ninety (90) days after the effectivity. The Revised Penal Code and other special laws shall be suppletorily applicable to this Act."

Section 20. Separability Clause. - If any part of this Act is declared unconstitutional or invalid, the other provisions not affected thereby shall continue to be in full force and effect.

Section 21. Repealing Clause. - Article 202 of the Revised Penal Code, as amended by Republic Act No. 10158, is deemed repealed and Republic Act No. 9208. as amended by Republic Act No. 10364, is hereby further amended. All laws, acts, presidential decrees, executive orders, administrative orders, and rules and regulations inconsistent with or contrary to the provisions of this Act are deemed amended, modified, or repealed accordingly: Provided, That this Act shall not in any way amend or repeal the provisions of Republic Act No. 7610, otherwise known as the “Special Protection of Children Against Abuse, Exploitation and Discrimination Act.”

Section 22. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

Approved,

This Act which is a consolidation of Senate Bill No. 2449 and House Bill No. 10658 was passed by the Senate of the Philippines and the House of Representatives on February 2, 2022.

Approved: 23 June 2022

(SGD.) RODRIGO ROA DUTERTE
President of the Philippines

"Section 3. Definition of Terms. - As used in this Act:

(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 the engagement of others for the production or 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.

x x x

(h) Sexual Exploitation - refers to any means of actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes or lewd designs, including profiting monetarily, socially, or politically from the sexual exploitation of another, regardless of whether or not consent was given.

x x x

(j) Pornography - 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 person primarily for sexual purposes: Provided, That when a child is involved, the material shall be considered child sexual abuse and exploitation material as defined under paragraph (m) of this section.

x x x

(l) Child Laundering - refers to an act of stealing and selling a child to adopting parents under false pretenses and using schemes such as falsifying the child's details or manipulating the child's origins to make the child appear an orphan or foundling.

(m) Child Sexual Abuse and Exploitation Material or Child Sexual Abuse Material (CSAEM or CSAM) - refers to photos, images, videos, recordings, streams, or any other representation or form of media, depicting acts of sexual abuse and exploitation of a child or representation of a child as a sexual object, whether or not generated digitally or by, through, and with the use of information and communications technology. It shall also include materials that focus on real or simulated genitalia or other private body parts of a child.

(n) Communications - refer to any spoken or written conversations, exchanges, discussions, data, information, or messages for interception.

(o) Computer System - refers to any device or group of interconnected or related devices, one or more of which, pursuant to a program, performs automated processing of data. It covers any type of device with data processing capabilities including computers and mobile phones. The device consisting of hardware and software may include input, output process, and storage components which may stand alone or be connected in a network or other similar devices. It also includes computer data storage devices or media.

(p) Computer and Other Computer-Related Devices - refer to any device or group of interconnected or related devices, one or more of which, pursuant to a program, performs automated processing of data. It covers any type of device with data processing capabilities, including computers and mobile phones.

(q) Data - refers to both:

(r) Information and Communications Technology (ICT) - refers to the totality of electronic means to access, create, collect, store, process, receive, transmit, present, and disseminate information.

(s) Interception - refers to the act of listening to, recording, monitoring, or surveillance of the content of communications, including procuring of the content data, either directly, through access and use of a computer system, or through the use of electronic eavesdropping or tapping devices, at the same time that the communication is occurring.

(t) Internet Intermediaries - refer to a natural or juridical person, or entity that provides infrastructure, platforms, access to host, transmit and index content, products and services originated by third parties on the internet. It includes among others:

(u) Subscriber's or Registrant's Information - refers to any information contained in the form of computer data or any other form that is held by internet intermediaries, relating to the subscribers or registrants who avail of services, other than traffic or content data, and by which any of the following can be established:

(v) Tourism Enterprises - refer to facilities, services, and attractions involved in tourism, such as travel and tour services; health, wellness, and medical tourism services; tourist transport services, whether for land, sea or air transportation; tour guides; adventure sports services involving sports, such as mountaineering, spelunking, scuba diving, and other sports activities of significant tourism potential; convention organizers; accommodation establishments, including hotels, resorts, apartelles, tourist inns, motels, pension houses, and home stay operators; and tourism estate management services, restaurants, shops and department stores, sports and recreational centers, spas, museums and galleries, theme parks, convention centers, and zoos.

(w) Online Sexual Abuse and Exploitation of Children (OSAEC) - refers to the use of digital or analog communication and ICT as means to abuse and exploit children sexually, which includes cases in which contact child abuse or exploitation offline is combined with an online component. This can also include the production, dissemination, and possession of CSAEM or CSAM; online grooming of children for sexual purposes; sexual extortion of children; sharing image-based sexual abuse; commercial sexual exploitation of children; exploitation of children through online prostitution; and live-streaming of sexual abuse, with or without the consent of the victim."

"Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit by means of a threat, or use of force, or other forms of coercion, or through abduction, fraud, deception, abuse of power or of position, or through taking advantage of the vulnerability of the person, or by giving or receiving of payment or benefit to obtain the consent of a person having control over another person, any of the following acts:

Provided, That when the victim is a child, the means to commit these unlawful acts as enumerated in the first paragraph of this section shall not be necessary: Provided, further, That in the case of overseas domestic work, a 'child' means a person below twenty-four (24) years old."

"Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate trafficking in persons shall be unlawful:

"Section 6. Qualified Trafficking in Persons. - Violations of Section 4 of this Act shall be considered as qualified trafficking:

"Section 8. Investigation and Prosecution of Cases. -

It shall be unlawful for any editor, publisher, reporter or columnist in case of printed materials, announcer or producer in case of television and radio broadcasting and digital media, and producer and director of the film in case of the movie industry, to cause any publicity that may result in the further suffering of the victim. Any person or agency involved in the reporting, investigation, or trial of cases of gender-based violence shall refrain from any act or statement that may be construed as blaming the victim or placing responsibility for the offense committed against the victim."

"Section 9. Duties and Responsibilities of the Private Sector. -

"Section 10. Penalties and Sanctions. - The following penalties and sanctions are hereby established for the offenses enumerated in this Act:

"Section 15. Trust Fund. - All fines imposed under this Act and the proceeds and properties forfeited and confiscated pursuant to Section 14 hereof, as well as those collected by the AMLC, shall accrue to a Trust Fund to be administered and managed by the Council to be used exclusively for programs that will prevent acts of trafficking and protect, rehabilitate, reintegrate trafficked persons into the mainstream of society. Such programs shall include, but are not limited to, the following:

(a) x x x

x x x."

"Section 16. Programs that Address Trafficking in Persons. - The government shall establish and implement preventive, protective, and rehabilitative programs for trafficked persons. For this purpose, the following agencies are hereby mandated to implement the corresponding programs:

"Section 20. Inter-Agency Council Against Trafficking. - There is hereby established an Inter-Agency Council Against Trafficking (IACAT), to be composed of the Secretary of the Department of Justice as Chairperson and the Secretary of the Department of Social Welfare and Development as Co-chairperson and shall have the following as members:

The members of the Council may designate their permanent representatives who shall have a rank not lower than an assistant secretary or its equivalent to meetings, and shall receive emoluments as may be determined by the Council in accordance with existing budget and accounting rules and regulations."

"Section 21. Functions of the Council. - The Council shall have the following powers and functions:

(a) Formulate a comprehensive and integrated program to prevent and suppress the trafficking in persons, utilizing a multi-disciplinary and collaborative approach in the service delivery to and case management of trafficking victims and survivors and their families, including livelihood opportunities, and the development of school-based and community-based human trafficking preventive education programs, and psychosocial interventions by a multi-disciplinary team for the victims and their families;

x x x

(m) Coordinate with the DICT, DTI, and other NGOs in monitoring the promotion of advertisements that tend to promote trafficking in persons;

(n) x x x;

(o) x x x;

(p) Regularly assess current data collection on, and the reporting and monitoring system for trafficking in persons, and identify gaps in implementation;

(q) Develop an effective referral system which concerned government agencies and NGOs can use to coordinate the provision of the necessary intervention or assistance that can be provided to trafficked persons;

(r) Conduct periodic studies with other stakeholders such as LGUs, civil society, and the academe to build more empirical evidence on trafficking cases;

(s) Develop an integrated case management system or trafficking in persons data sets to facilitate the coordination and monitoring among the members of the Council and ensure the proper recovery and reintegration of the victim-survivors of trafficking;

(t) Impose administrative sanctions on the violations of this law and its implementing rules and regulations as well as its orders and resolutions; and

(u) Exercise all the powers and perform such other functions necessary to attain the purposes and objectives of this Act."

"Section 22. Secretariat to the Council. - The Department of Justice shall establish the necessary Secretariat for the Council.

x x x

The Secretary of Justice shall determine the organizational structure and staffing pattern of the Secretariat. Such organizational structure and staffing pattern shall be submitted to the Department of Budget and Management for approval."

"Section 24. Other Services for Trafficked Persons. -

The LGUs shall be responsible for the proper implementation of the recovery and reintegration program for trafficked persons: Provided, That the DSWD shall monitor and evaluate the implementation of the program and conduct an audit of Local Social Welfare and Development Offices."

"Section 26-A. Extra-Territorial Jurisdiction. - The State shall exercise jurisdiction over any act defined and penalized under this Act, even if committed outside the Philippines and whether or not such act or acts constitute an offense at the place of commission, if the offense, being a continuing offense, was either commenced in the Philippines; or committed in another country: Provided, That in the case of the latter, the suspect or accused:

x x x."