This document outlines the key points of Republic Act No. 7610, which provides stronger deterrence and special protection against child abuse, exploitation, and discrimination in the Philippines. Some key points:
- It defines a child as anyone under 18 years of age or unable to care for themselves due to disability or condition.
- It establishes state policy to protect children from all forms of abuse, neglect, cruelty, exploitation, and discrimination.
- It mandates the formulation of a comprehensive program within one year to protect children against issues like child prostitution, sexual abuse, trafficking, obscene materials, and circumstances endangering their survival.
- It establishes penalties like reclusion temporal (medium period imprisonment)
Original Description:
Update of Latest Special Penal Laws related to Crimes Against Persons of the RPC
This document outlines the key points of Republic Act No. 7610, which provides stronger deterrence and special protection against child abuse, exploitation, and discrimination in the Philippines. Some key points:
- It defines a child as anyone under 18 years of age or unable to care for themselves due to disability or condition.
- It establishes state policy to protect children from all forms of abuse, neglect, cruelty, exploitation, and discrimination.
- It mandates the formulation of a comprehensive program within one year to protect children against issues like child prostitution, sexual abuse, trafficking, obscene materials, and circumstances endangering their survival.
- It establishes penalties like reclusion temporal (medium period imprisonment)
This document outlines the key points of Republic Act No. 7610, which provides stronger deterrence and special protection against child abuse, exploitation, and discrimination in the Philippines. Some key points:
- It defines a child as anyone under 18 years of age or unable to care for themselves due to disability or condition.
- It establishes state policy to protect children from all forms of abuse, neglect, cruelty, exploitation, and discrimination.
- It mandates the formulation of a comprehensive program within one year to protect children against issues like child prostitution, sexual abuse, trafficking, obscene materials, and circumstances endangering their survival.
- It establishes penalties like reclusion temporal (medium period imprisonment)
(2) Working under condi ons hazardous to life, safety and normal which unduly interfere with
their normal development;
Republic Act No. 7610 June 17, 1992 (3) Living in or fending for themselves in the streets of urban or rural areas without the care of AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD parents or a guardian or basic services needed for a good quality of life; ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES (4) Being a member of a indigenous cultural community and/or living under condi ons of extreme poverty or in an area which is underdeveloped and/or lacks or has inadequate access to ARTICLE I basic services needed for a good quality of life; Title, Policy, Principles and Definitions of Terms (5) Being a vic m of a man-made or natural disaster or calamity; or Section 1. Title. – This Act shall be known as the "Special Protection of Children Against Abuse, (6) Circumstances analogous to those abovestated which endanger the life, safety or normal Exploitation and Discrimination Act." development of children. Section 2. Declaration of State Policy and Principles. – It is hereby declared to be the policy of the (d) "Comprehensive program against child abuse, exploita on and discrimina on" refers to the State to provide special protec on to children from all firms of abuse, neglect, cruelty exploita on coordinated program of services and facili es to protected children against: and discrimina on and other condi ons, prejudicial their development; provide sanc ons for their (1) Child Pros tu on and other sexual abuse; commission and carry out a program for preven on and deterrence of and crisis interven on in (2) Child trafficking; situa ons of child abuse, exploita on and discrimina on. The State shall intervene on behalf of the (3) Obscene publica ons and indecent shows; child when the parent, guardian, teacher or person having care or custody of the child fails or is (4) Other acts of abuses; and unable to protect the child against abuse, exploita on and discrimina on or when such acts against (5) Circumstances which threaten or endanger the survival and normal development of the child are commi ed by the said parent, guardian, teacher or person having care and custody of children. the same. ARTICLE II It shall be the policy of the State to protect and rehabilitate children gravely threatened or Program on Child Abuse, Exploitation and Discrimination endangered by circumstances which affect or will affect their survival and normal development and Section 4. Formulation of the Program. – There shall be a comprehensive program to be over which they have no control. formulated, by the Department of Jus ce and the Department of Social Welfare and Development in The best interests of children shall be the paramount considera on in all ac ons concerning them, coordina on with other government agencies and private sector concerned, within one (1) year whether undertaken by public or private social welfare ins tu ons, courts of law, administra ve from the effec vity of this Act, to protect children against child pros tu on and other sexual abuse; authori es, and legisla ve bodies, consistent with the principle of First Call for Children as child trafficking, obscene publica ons and indecent shows; other acts of abuse; and circumstances enunciated in the United Na ons Conven on of the Rights of the Child. Every effort shall be exerted which endanger child survival and normal development. to promote the welfare of children and enhance their opportuni es for a useful and happy life. ARTICLE III Section 3. Definition of Terms. – Child Prostitution and Other Sexual Abuse (a) "Children" refers to person below eighteen (18) years of age or those over but are unable to Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploita on or money, profit, or any other considera on or due to the coercion or influence of any adult, syndicate discrimina on because of a physical or mental disability or condi on; or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in (b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which pros tu on and other sexual abuse. includes any of the following: The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon (1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emo onal the following: maltreatment; (a) Those who engage in or promote, facilitate or induce child pros tu on which include, but (2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and are not limited to, the following: dignity of a child as a human being; (1) Ac ng as a procurer of a child pros tute; (3) Unreasonable depriva on of his basic needs for survival, such as food and shelter; or (2) Inducing a person to be a client of a child pros tute by means of wri en or oral (4) Failure to immediately give medical treatment to an injured child resul ng in serious adver sements or other similar means; impairment of his growth and development or in his permanent incapacity or death. (3) Taking advantage of influence or rela onship to procure a child as pros tute; (c) "Circumstances which gravely threaten or endanger the survival and normal development (4) Threatening or using violence towards a child to engage him as a pros tute; or of children" include, but are not limited to, the following; (5) Giving monetary considera on goods or other pecuniary benefit to a child with intent to (1) Being in a community where there is armed conflict or being affected by armed engage such child in pros tu on. conflict-related ac vi es; (b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited Section 9. Obscene Publications and Indecent Shows. – Any person who shall hire, employ, use, in pros tu on or subject to other sexual abuse; Provided, That when the vic ms is under twelve (12) persuade, induce or coerce a child to perform in obscene exhibi ons and indecent shows, whether years of age, the perpetrators shall be prosecuted under Ar cle 335, paragraph 3, for rape and live or in video, or model in obscene publica ons or pornographic materials or to sell or distribute Ar cle 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the said materials shall suffer the penalty of prision mayor in its medium period. the case may be: Provided, That the penalty for lascivious conduct when the vic m is under twelve If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the (12) years of age shall be reclusion temporal in its medium period; and penalty shall be imposed in its maximum period. (c) Those who derive profit or advantage therefrom, whether as manager or owner of the Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause establishment where the pros tu on takes place, or of the sauna, disco, bar, resort, place of and/or allow such child to be employed or to par cipate in an obscene play, scene, act, movie or entertainment or establishment serving as a cover or which engages in pros tu on in addi on to the show or in any other acts covered by this sec on shall suffer the penalty of prision mayor in its ac vity for which the license has been issued to said establishment. medium period. Section 6. Attempt To Commit Child Prostitution. – There is an a empt to commit child pros tu on ARTICLE VI under Sec on 5, paragraph (a) hereof when any person who, not being a rela ve of a child, is found Other Acts of Abuse alone with the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house, Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial apartelle or other similar establishments, vessel, vehicle or any other hidden or secluded area under to the Child's Development. – circumstances which would lead a reasonable person to believe that the child is about to be (a) Any person who shall commit any other acts of child abuse, cruelty or exploita on or to be exploited in pros tu on and other sexual abuse. responsible for other condi ons prejudicial to the child's development including those covered by There is also an a empt to commit child pros tu on, under paragraph (b) of Sec on 5 hereof when Ar cle 59 of Presiden al Decree No. 603, as amended, but not covered by the Revised Penal Code, any person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and as amended, shall suffer the penalty of prision mayor in its minimum period. other similar establishments. A penalty lower by two (2) degrees than that prescribed for the (b) Any person who shall keep or have in his company a minor, twelve (12) years or under or consummated felony under Sec on 5 hereof shall be imposed upon the principals of the a empt to who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, commit the crime of child pros tu on under this Act, or, in the proper case, under the Revised Penal discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or Code. similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less ARTICLE IV than Fi y thousand pesos (P50,000): Provided, That this provision shall not apply to any person who Child Trafficking is related within the fourth degree of consanguinity or affinity or any bond recognized by law, local Section 7. Child Trafficking. – Any person who shall engage in trading and dealing with children custom and tradi on or acts in the performance of a social, moral or legal duty. including, but not limited to, the act of buying and selling of a child for money, or for any other (c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to considera on, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The keep or have in his company a minor as provided in the preceding paragraph shall suffer the penalty penalty shall be imposed in its maximum period when the vic m is under twelve (12) years of age. of prision mayor in its medium period and a fine of not less than Forty thousand pesos (P40,000); Section 8. Attempt to Commit Child Trafficking. – There is an a empt to commit child trafficking Provided, however, That should the perpetrator be an ascendant, stepparent or guardian of the under Sec on 7 of this Act: minor, the penalty to be imposed shall be prision mayor in its maximum period, a fine of not less (a) When a child travels alone to a foreign country without valid reason therefor and without than Fi y thousand pesos (P50,000), and the loss of parental authority over the minor. clearance issued by the Department of Social Welfare and Development or wri en permit or (d) Any person, owner, manager or one entrusted with the opera on of any public or private jus fica on from the child's parents or legal guardian; place of accommoda on, whether for occupancy, food, drink or otherwise, including residen al (c) When a person, agency, establishment or child-caring ins tu on recruits women or couples places, who allows any person to take along with him to such place or places any minor herein to bear children for the purpose of child trafficking; or described shall be imposed a penalty of prision mayor in its medium period and a fine of not less (d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or than Fi y thousand pesos (P50,000), and the loss of the license to operate such a place or any other person simulates birth for the purpose of child trafficking; or establishment. (e) When a person engages in the act of finding children among low-income families, hospitals, (e) Any person who shall use, coerce, force or in midate a street child or any other child to; clinics, nurseries, day-care centers, or other child-during ins tu ons who can be offered for the (1) Beg or use begging as a means of living; purpose of child trafficking. (2) Act as conduit or middlemen in drug trafficking or pushing; or A penalty lower two (2) degrees than that prescribed for the consummated felony under Sec on 7 (3) Conduct any illegal ac vi es, shall suffer the penalty of prision correccional in its medium hereof shall be imposed upon the principals of the a empt to commit child trafficking under this Act. period to reclusion perpetua. ARTICLE V For purposes of this Act, the penalty for the commission of acts punishable under Ar cles 248, 249, Obscene Publications and Indecent Shows 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of murder, homicide, other inten onal mu la on, and serious physical injuries, (a) The employer shall ensure the protec on, health, safety and morals of the child; respec vely, shall be reclusion perpetua when the vic m is under twelve (12) years of age. The (b) the employer shall ins tute measures to prevent the child's exploita on or discrimina on penalty for the commission of acts punishable under Ar cle 337, 339, 340 and 341 of Act No. 3815, taking into account the system and level of remunera on, and the dura on and arrangement of as amended, the Revised Penal Code, for the crimes of qualified seduc on, acts of lasciviousness working me; and; with the consent of the offended party, corrup on of minors, and white slave trade, respec vely, (c) The employer shall formulate and implement, subject to the approval and supervision of shall be one (1) degree higher than that imposed by law when the vic m is under twelve (12) years competent authori es, a con nuing program for training and skill acquisi on of the child. age. In the above excep onal cases where any such child may be employed, the employer shall first The vic m of the acts commi ed under this sec on shall be entrusted to the care of the Department secure, before engaging such child, a work permit from the Department of Labor and Employment of Social Welfare and Development. which shall ensure observance of the above requirement. ARTICLE VII The Department of Labor Employment shall promulgate rules and regula ons necessary for the Sanctions for Establishments or Enterprises effec ve implementa on of this Sec on. Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct Section 13. Non-formal Education for Working Children. – The Department of Educa on, Culture Activities Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene and Sports shall promulgate a course design under its non-formal educa on program aimed at Publications and Indecent Shows, and Other Acts of Abuse. – All establishments and enterprises promo ng the intellectual, moral and voca onal efficiency of working children who have not which promote or facilitate child pros tu on and other sexual abuse, child trafficking, obscene undergone or finished elementary or secondary educa on. Such course design shall integrate the publica ons and indecent shows, and other acts of abuse shall be immediately closed and their learning process deemed most effec ve under given circumstances. authority or license to operate cancelled, without prejudice to the owner or manager thereof being Section 14. Prohibition on the Employment of Children in Certain Advertisements. – No person shall prosecuted under this Act and/or the Revised Penal Code, as amended, or special laws. A sign with employ child models in all commercials or adver sements promo ng alcoholic beverages, the words "off limits" shall be conspicuously displayed outside the establishments or enterprises by intoxica ng drinks, tobacco and its byproducts and violence. the Department of Social Welfare and Development for such period which shall not be less than one Section 15. Duty of Employer. – Every employer shall comply with the du es provided for in Ar cles (1) year, as the Department may determine. The unauthorized removal of such sign shall be 108 and 109 of Presiden al Decree No. 603. punishable by prision correccional. Section 16. Penalties. – Any person who shall violate any provision of this Ar cle shall suffer the An establishment shall be deemed to promote or facilitate child pros tu on and other sexual abuse, penalty of a fine of not less than One thousand pesos (P1,000) but not more than Ten thousand child trafficking, obscene publica ons and indecent shows, and other acts of abuse if the acts pesos (P10,000) or imprisonment of not less than three (3) months but not more than three (3) cons tu ng the same occur in the premises of said establishment under this Act or in viola on of years, or both at the discre on of the court; Provided, That, in case of repeated viola ons of the the Revised Penal Code, as amended. An enterprise such as a sauna, travel agency, or recruitment provisions of this Ar cle, the offender's license to operate shall be revoked. agency which: promotes the aforemen oned acts as part of a tour for foreign tourists; exhibits ARTICLE IX children in a lewd or indecent show; provides child masseurs for adults of the same or opposite sex Children of Indigenous Cultural Communities and said services include any lascivious conduct with the customers; or solicits children or ac vi es Section 17. Survival, Protection and Development. – In addi on to the rights guaranteed to children cons tu ng the aforemen oned acts shall be deemed to have commi ed the acts penalized herein. under this Act and other exis ng laws, children of indigenous cultural communi es shall be en tled ARTICLE VIII to protec on, survival and development consistent with the customs and tradi ons of their Working Children respec ve communi es. Section 12. Employment of Children. – Children below fi een (15) years of age may be employed Section 18. System of and Access to Education. – The Department of Educa on, Culture and Sports except: shall develop and ins tute an alterna ve system of educa on for children of indigenous cultural (1) When a child works directly under the sole responsibility of his parents or legal guardian communi es which culture-specific and relevant to the needs of and the exis ng situa on in their and where only members of the employer's family are employed: Provided, however, That his communi es. The Department of Educa on, Culture and Sports shall also accredit and support employment neither endangers his life, safety and health and morals, nor impairs his normal non-formal but func onal indigenous educa onal programs conducted by non-government development: Provided, further, That the parent or legal guardian shall provide the said minor child organiza ons in said communi es. with the prescribed primary and/or secondary educa on; or Section 19. Health and Nutrition. – The delivery of basic social services in health and nutri on to (2) When a child's employment or par cipa on in public & entertainment or informa on children of indigenous cultural communi es shall be given priority by all government agencies through cinema, theater, radio or television is essen al: Provided, The employment contract concerned. Hospitals and other health ins tu on shall ensure that children of indigenous cultural concluded by the child's parent or guardian, with the express agreement of the child concerned, if communi es are given equal a en on. In the provision of health and nutri on services to children possible, and the approval of the Department of Labor and Employment: Provided, That the of indigenous cultural communi es, indigenous health prac ces shall be respected and recognized. following requirements in all instances are strictly complied with: Section 20. Discrimination. – Children of indigenous cultural communi es shall not be subjected to (a) Separate deten on from adults except where families are accommodated as family units; any and all forms of discrimina on. (b) Immediate free legal assistance; Any person who discriminate against children of indigenous cultural communi es shall suffer a (c) Immediate no ce of such arrest to the parents or guardians of the child; and penalty of arresto mayor in its maximum period and a fine of not less than Five thousand pesos (d) Release of the child on recognizance within twenty-four (24) hours to the custody of the (P5,000) more than Ten thousand pesos (P10,000). Department of Social Welfare and Development or any responsible member of the community as Section 21. Participation. – Indigenous cultural communi es, through their duly-designated or determined by the court. appointed representa ves shall be involved in planning, decision-making implementa on, and If a er hearing the evidence in the proper proceedings the court should find that the aforesaid child evalua on of all government programs affec ng children of indigenous cultural communi es. commi ed the acts charged against him, the court shall determine the imposable penalty, including Indigenous ins tu on shall also be recognized and respected. any civil liability chargeable against him. However, instead of pronouncing judgment of convic on, ARTICLE X the court shall suspend all further proceedings and shall commit such child to the custody or care of Children in Situations of Armed Conflict the Department of Social Welfare and Development or to any training ins tu on operated by the Section 22. Children as Zones of Peace. – Children are hereby declared as Zones of Peace. It shall be Government, or duly-licensed agencies or any other responsible person, un l he has had reached the responsibility of the State and all other sectors concerned to resolve armed conflicts in order to eighteen (18) years of age or, for a shorter period as the court may deem proper, a er considering promote the goal of children as zones of peace. To a ain this objec ve, the following policies shall the reports and recommenda ons of the Department of Social Welfare and Development or the be observed. agency or responsible individual under whose care he has been commi ed. (a) Children shall not be the object of a ack and shall be en tled to special respect. They shall The aforesaid child shall subject to visita on and supervision by a representa ve of the Department be protected from any form of threat, assault, torture or other cruel, inhumane or degrading of Social Welfare and Development or any duly-licensed agency or such other officer as the court treatment; may designate subject to such condi ons as it may prescribe. (b) Children shall not be recruited to become members of the Armed Forces of the Philippines The aforesaid child whose sentence is suspended can appeal from the order of the court in the same of its civilian units or other armed groups, nor be allowed to take part in the figh ng, or used as manner as appeals in criminal cases. guides, couriers, or spies; Section 26. Monitoring and Reporting of Children in Situations of Armed Conflict. – The chairman (c) Delivery of basic social services such as educa on, primary health and emergency relief of the barangay affected by the armed conflict shall submit the names of children residing in said services shall be kept unhampered; barangay to the municipal social welfare and development officer within twenty-four (24) hours from (d) The safety and protec on of those who provide services including those involved in the occurrence of the armed conflict. fact-finding missions from both government and non-government ins tu ons shall be ensured. They ARTICLE XI shall not be subjected to undue harassment in the performance of their work; Remedial Procedures (e) Public infrastructure such as schools, hospitals and rural health units shall not be u lized for Section 27. Who May File a Complaint. – Complaints on cases of unlawful acts commi ed against military purposes such as command posts, barracks, detachments, and supply depots; and the children as enumerated herein may be filed by the following: (f) All appropriate steps shall be taken to facilitate the reunion of families temporarily (a) Offended party; separated due to armed conflict. (b) Parents or guardians; Section 23. Evacuation of Children During Armed Conflict. – Children shall be given priority during (c) Ascendant or collateral rela ve within the third degree of consanguinity; evacua on as a result of armed conflict. Exis ng community organiza ons shall be tapped to look (d) Officer, social worker or representa ve of a licensed child-caring ins tu on; a er the safety and well-being of children during evacua on opera ons. Measures shall be taken to (e) Officer or social worker of the Department of Social Welfare and Development; ensure that children evacuated are accompanied by persons responsible for their safety and (f) Barangay chairman; or well-being. (g) At least three (3) concerned responsible ci zens where the viola on occurred. Section 24. Family Life and Temporary Shelter. – Whenever possible, members of the same family Section 28. Protective Custody of the Child. – The offended party shall be immediately placed under shall be housed in the same premises and given separate accommoda on from other evacuees and the protec ve custody of the Department of Social Welfare and Development pursuant to Execu ve provided with facili es to lead a normal family life. In places of temporary shelter, expectant and Order No. 56, series of 1986. In the regular performance of this func on, the officer of the nursing mothers and children shall be given addi onal food in propor on to their physiological Department of Social Welfare and Development shall be free from any administra ve, civil or needs. Whenever feasible, children shall be given opportuni es for physical exercise, sports and criminal liability. Custody proceedings shall be in accordance with the provisions of Presiden al outdoor games. Decree No. 603. Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict. – Any child who has Section 29. Confidentiality. – At the instance of the offended party, his name may be withheld from been arrested for reasons related to armed conflict, either as combatant, courier, guide or spy is the public un l the court acquires jurisdic on over the case. en tled to the following rights; It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, Section 35. Repealing Clause. – All laws, decrees, or rules inconsistent with the provisions of this announcer or producer in case of television and radio broadcas ng, producer and director of the film Acts are hereby repealed or modified accordingly. in case of the movie industry, to cause undue and sensa onalized publicity of any case of viola on of Section 36. Effectivity Clause. – This Act shall take effect upon comple on of its publica on in at this Act which results in the moral degrada on and suffering of the offended party. least two (2) na onal newspapers of general circula on. Section 30. Special Court Proceedings. – Cases involving viola ons of this Act shall be heard in the Approved: June 17, 1992. chambers of the judge of the Regional Trial Court duly designated as Juvenile and Domes c Court. Any provision of exis ng law to the contrary notwithstanding and with the excep on of habeas Republic Act No. 9231 December 19, 2003 corpus, elec on cases, and cases involving deten on prisoners and persons covered by Republic Act AN ACT PROVIDING FOR THE ELIMINATION OF THE WORST FORMS OF CHILD LABOR AND No. 4908, all courts shall give preference to the hearing or disposi on of cases involving viola ons of AFFORDING STRONGER PROTECTION FOR THE WORKING CHILD, AMENDING FOR THIS PURPOSE this Act. REPUBLIC ACTNO. 7610, AS AMENDED, OTHERWISE KNOWN AS THE "SPECIAL PROTECTION OF ARTICLE XII CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT" Common Penal Provisions Section 31. Common Penal Provisions. – Be it enacted by the Senate and the House of Representatives of the Philippines in Congress (a) The penalty provided under this Act shall be imposed in its maximum period if the offender assembled: has been previously convicted under this Act; Section 1. Sec on 2 of Republic Act No. 7610, as amended, otherwise known as the "Special (b) When the offender is a corpora on, partnership or associa on, the officer or employee Protec on of Children Against Child Abuse, Exploita on and Discrimina on Act", is hereby amended thereof who is responsible for the viola on of this Act shall suffer the penalty imposed in its to read as follows: maximum period; "Sec. 2. Declaration of State Policy and Principles. - It is hereby declared to be the policy of the State (c) The penalty provided herein shall be imposed in its maximum period when the perpetrator to provide special protec on to children from all forms of abuse, neglect, cruelty, exploita on and is an ascendant, parent guardian, stepparent or collateral rela ve within the second degree of discrimina on, and other condi ons prejudicial to their development including child labor and its consanguinity or affinity, or a manager or owner of an establishment which has no license to operate worst forms; provide sanc ons for their commission and carry out a program for preven on and or its license has expired or has been revoked; deterrence of and crisis interven on in situa ons of child abuse, exploita on and discrimina on. The (d) When the offender is a foreigner, he shall be deported immediately a er service of State shall intervene on behalf of the child when the parent, guardian, teacher or person having care sentence and forever barred from entry to the country; or custody of the child fails or is unable to protect the child against abuse, exploita on and (e) The penalty provided for in this Act shall be imposed in its maximum period if the offender discrimina on or when such acts against the child are commi ed by the said parent, guardian, is a public officer or employee: Provided, however, That if the penalty imposed is reclusion perpetua teacher or person having care and custody of the same. or reclusion temporal, then the penalty of perpetual or temporary absolute disqualifica on shall also "It shall be the policy of the State to protect and rehabilitate children gravely threatened or be imposed: Provided, finally, That if the penalty imposed is prision correccional or arresto mayor, endangered by circumstances which affect or will affect their survival and normal development and the penalty of suspension shall also be imposed; and over which they have no control. (f) A fine to be determined by the court shall be imposed and administered as a cash fund by "The best interests of children shall be the paramount considera on in all ac ons concerning them, the Department of Social Welfare and Development and disbursed for the rehabilita on of each whether undertaken by public or private social welfare ins tu ons, courts of law, administra ve child vic m, or any immediate member of his family if the la er is the perpetrator of the offense. authori es, and legisla ve bodies, consistent with the principle of First Call for Children as ARTICLE XIII enunciated in the United Na ons Conven on on the Rights of the Child. Every effort shall be exerted Final Provisions to promote the welfare of children and enhance their opportuni es for a useful and happy life." Section 32. Rules and Regulations. – Unless otherwise provided in this Act, the Department of Section 2. Sec on 12 of the same Act, as amended, is hereby further amended to read as follows: Jus ce, in coordina on with the Department of Social Welfare and Development, shall promulgate "Sec. 2. Employment of Children - Children below fi een (15) years of age shall not be employed rules and regula ons of the effec ve implementa on of this Act. except: Such rules and regula ons shall take effect upon their publica on in two (2) na onal newspapers of "1) When a child works directly under the sole responsibility of his/her parents or legal guardian and general circula on. where only members of his/her family are employed: Provided, however, That his/her employment Section 33. Appropriations. – The amount necessary to carry out the provisions of this Act is hereby neither endangers his/her life, safety, health, and morals, nor impairs his/her normal development: authorized to be appropriated in the General Appropria ons Act of the year following its enactment Provided, further, That the parent or legal guardian shall provide the said child with the prescribed into law and therea er. primary and/or secondary educa on; or Section 34. Separability Clause. – If any provision of this Act is declared invalid or uncons tu onal, "2) Where a child's employment or par cipa on in public entertainment or informa on through the remaining provisions not affected thereby shall con nue in full force and effect. cinema, theater, radio, television or other forms of media is essen al: Provided, That the employment contract is concluded by the child's parents or legal guardian, with the express "Sec. 12-D. Prohibition Against Worst Forms of Child Labor. - No child shall be engaged in the worst agreement of the child concerned, if possible, and the approval of the Department of Labor and forms of child labor. The phrase "worst forms of child labor" shall refer to any of the following: Employment: Provided, further, That the following requirements in all instances are strictly complied "(1) All forms of slavery, as defined under the "An -trafficking in Persons Act of 2003", or prac ces with: similar to slavery such as sale and trafficking of children, debt bondage and serfdom and forced or "(a) The employer shall ensure the protec on, health, safety, morals and normal development of the compulsory labor, including recruitment of children for use in armed conflict; or child; "(2) The use, procuring, offering or exposing of a child for pros tu on, for the produc on of "(b) The employer shall ins tute measures to prevent the child's exploita on or discrimina on taking pornography or for pornographic performances; or into account the system and level of remunera on, and the dura on and arrangement of working "(3) The use, procuring or offering of a child for illegal or illicit ac vi es, including the produc on and me; and trafficking of dangerous drugs and vola le substances prohibited under exis ng laws; or "(c) The employer shall formulate and implement, subject to the approval and supervision of "(4) Work which, by its nature or the circumstances in which it is carried out, is hazardous or likely to competent authori es, a con nuing program for training and skills acquisi on of the child. be harmful to the health, safety or morals of children, such that it: "In the above-excep onal cases where any such child may be employed, the employer shall first "a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; or secure, before engaging such child, a work permit from the Department of Labor and Employment "b) Exposes the child to physical, emo onal or sexual abuse, or is found to be highly stressful which shall ensure observance of the above requirements. psychologically or may prejudice morals; or "For purposes of this Ar cle, the term "child" shall apply to all persons under eighteen (18) years of "c) Is performed underground, underwater or at dangerous heights; or age." "d) Involves the use of dangerous machinery, equipment and tools such as power-driven or explosive Section 3. The same Act, as amended, is hereby further amended by adding new sec ons to be power-actuated tools; or denominated as Sec ons 12-A, 12-B, 12-C, and 12-D to read as follows: "e) Exposes the child to physical danger such as, but not limited to the dangerous feats of balancing, "Sec. 2-A. Hours of Work of a Working Child. - Under the excep ons provided in Sec on 12 of this physical strength or contor on, or which requires the manual transport of heavy loads; or Act, as amended: "f) Is performed in an unhealthy environment exposing the child to hazardous working condi ons, "(1) A child below fi een (15) years of age may be allowed to work for not more than twenty (20) elements, substances, co-agents or processes involving ionizing, radia on, fire, flammable hours a week: Provided, That the work shall not be more than four (4) hours at any given day; substances, noxious components and the like, or to extreme temperatures, noise levels, or "(2) A child fi een (15) years of age but below eighteen (18) shall not be allowed to work for more vibra ons; or than eight (8) hours a day, and in no case beyond forty (40) hours a week; "g) Is performed under par cularly difficult condi ons; or "(3) No child below fi een (15) years of age shall be allowed to work between eight o'clock in the "h) Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans, nematodes and evening and six o'clock in the morning of the following day and no child fi een (15) years of age but other parasites; or below eighteen (18) shall be allowed to work between ten o'clock in the evening and six o'clock in "i) Involves the manufacture or handling of explosives and other pyrotechnic products." the morning of the following day." Section 4. Sec on 13 of the same Act is hereby amended to read as follows: "Sec. 12-B. Ownership, Usage and Administration of the Working Child's Income. - The wages, "Sec. 13. Access to Education and Training for Working Children - "a) No child shall be deprived of salaries, earnings and other income of the working child shall belong to him/her in ownership and formal or non-formal educa on. In all cases of employment allowed in this Act, the employer shall shall be set aside primarily for his/her support, educa on or skills acquisi on and secondarily to the provide a working child with access to at least primary and secondary educa on. collec ve needs of the family: Provided, That not more than twenty percent (20%) of the child's "b) To ensure and guarantee the access of the working child to educa on and training, the income may be used for the collec ve needs of the family. Department of Educa on (DEPED) shall: (1) formulate, promulgate, and implement relevant and "The income of the working child and/or the property acquired through the work of the child shall effec ve course designs and educa onal programs; (2) conduct the necessary training for the be administered by both parents. In the absence or incapacity of either of the parents, the other implementa on of the appropriate curriculum for the purpose; (3) ensure the availability of the parent shall administer the same. In case both parents are absent or incapacitated, the order of needed educa onal facili es and materials; and (4) conduct con nuing research and development preference on parental authority as provided for under the Family Code shall apply. program for the necessary and relevant alterna ve educa on of the working child. "Sec. 12-C. Trust Fund to Preserve Part of the Working Child's Income. - The parent or legal guardian "c) The DEPED shall promulgate a course design under its non-formal educa on program aimed at of a working child below eighteen (18) years of age shall set up a trust fund for at least thirty percent promo ng the intellectual, moral and voca onal efficiency of working children who have not (30%) of the earnings of the child whose wages and salaries from work and other income amount to undergone or finished elementary or secondary educa on. Such course design shall integrate the at least two hundred thousand pesos (P200,000.00) annually, for which he/she shall render a learning process deemed most effec ve under given circumstances." semi-annual accoun ng of the fund to the Department of Labor and Employment, in compliance Section 5. Sec on 14 of the same Act is hereby amended to read as follows: with the provisions of this Act. The child shall have full control over the trust fund upon reaching the age of majority. "Sec. 14. Prohibition on the Employment of Children in Certain Advertisements. - No child shall be Section 7. The same Act is hereby further amended by adding a new sec on to be denominated as employed as a model in any adver sement directly or indirectly promo ng alcoholic beverages, Sec on 16-A, to read as follows: intoxica ng drinks, tobacco and its byproducts, gambling or any form of violence or pornography." "Sec. 16-A. Trust Fund from Fines and Penalties - The fine imposed by the court shall be treated as a Section 6. Sec on 16 of the same Act, is hereby amended to read as follows: Trust Fund, administered by the Department of Labor and Employment and disbursed exclusively for "Sec. 16. Penal Provisions - the needs, including the costs of rehabilita on and reintegra on into the mainstream of society of "a) Any employer who violates Sec ons 12, 12-A, and Sec on 14 of this act, as amended, shall be the working children who are vic ms of the viola ons of this Act, and for the programs and projects penalized by imprisonment of six (6) months and one (1) day to six (6) years or a fine of not less than that will prevent acts of child labor." Fi y thousand pesos (P50,000.00) but not more than Three hundred thousand pesos (P300,000.00) Section 8. Sec on 27 of the same Act is hereby amended to read as follows: or both at the discre on of the court. "Sec. 27. Who May File a Complaint - Complaints on cases of unlawful acts commi ed against "b) Any person who violates the provision of Sec on 12-D of this act or the employer of the children as enumerated herein may be filed by the following: subcontractor who employs, or the one who facilitates the employment of a child in hazardous work, "(a) Offended party; shall suffer the penalty of a fine of not less than One hundred thousand pesos (P100,000.00) but not "(b) Parents or guardians; more than One million pesos (P1,000,000.00), or imprisonment of not less than twelve (12) years "(c) Ascendant or collateral rela ve within the third degree of consanguinity; and one (1) day to twenty (20) years, or both such fine and imprisonment at the discre on of the "(d) Officer, social worker or representa ve of a licensed child-caring ins tu on; court. "(e) Officer or social worker of the Department of Social Welfare and Development; "c) Any person who violates Sec ons 12-D(1) and 12-D(2) shall be prosecuted and penalized in "(f) Barangay chairman of the place where the viola on occurred, where the child is residing or accordance with the penalty provided for by R. A. 9208 otherwise known as the "An -trafficking in employed; or Persons Act of 2003": Provided, That Such penalty shall be imposed in its maximum period. "(g) At least three (3) concerned, responsible ci zens where the viola on occurred." "d) Any person who violates Sec on 12-D (3) shall be prosecuted and penalized in accordance with Section 9. The same Act is hereby further amended by adding new sec ons to Sec on 16 to be R.A. 9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002"; Provided, That denominated as Sec ons 16-A, 16-B and 16-C to read as follows: such penalty shall be imposed in its maximum period. "Sec. 16-A. Jurisdiction - The family courts shall have original jurisdic on over all cases involving "e) If a corpora on commits any of the viola ons aforecited, the board of directors/trustees and offenses punishable under this Act: Provided, That in ci es or provinces where there are no family officers, which include the president, treasurer and secretary of the said corpora on who courts yet, the regional trial courts and the municipal trial courts shall have concurrent jurisdic on par cipated in or knowingly allowed the viola on, shall be penalized accordingly as provided for depending on the penal es prescribed for the offense charged. under this Sec on. "The preliminary inves ga on of cases filed under this Act shall be terminated within a period of "f) Parents, biological or by legal fic on, and legal guardians found to be viola ng Sec ons 12, 12-A, thirty (30) days from the date of filing. 12-B and 12-C of this Act shall pay a fine of not less than Ten thousand pesos (P10,000.00) but not "If the preliminary inves ga on establishes a prima facie case, then the corresponding informa on more than One hundred thousand pesos (P100,000.00), or be required to render community service shall be filed in court within forty eight (48) hours from the termina on of the inves ga on. for not less than thirty (30) days but not more than one (1) year, or both such fine and community "Trial of cases under this Act shall be terminated by the court not later than ninety (90) days from service at the discre on of the court: Provided, That the maximum length of community service shall the date of filing of informa on. Decision on said cases shall be rendered within a period of fi een be imposed on parents or legal guardians who have violated the provisions of this Act three (3) (15) days from the date of submission of the case. mes; Provided, further, That in addi on to the community service, the penalty of imprisonment of "Sec. 15. Exemptions from Filing Fees. - When the vic m of child labor ins tutes a separate civil thirty (30) days but not more than one (1) year or both at the discre on of the court, shall be ac on for the recovery of civil damages, he/she shall be exempt from payment of filing fees. imposed on the parents or legal guardians who have violated the provisions of this Act more than "Sec. 16-C. Access to Immediate Legal, Medical and Psycho-Social Services - The working child shall three (3) mes. have the right to free legal, medical and psycho-social services to be provided by the State." "g) The Secretary, of Labor and Employment or his/her duly authorized representa ve may, a er due Section 10. Implementing Rules and Regulations - The Secretary of Labor and Employment, in no ce and hearing, order the closure of any business firm or establishment found to have violated coordina on with the Commi ees on Labor and Employment of both Houses of Congress, shall issue any of the provisions of this Act more than three (3) mes. He/she shall likewise order the the necessary Implemen ng Rules and Regula ons (IRR) to effec vely implement the provisions of immediate closure of such firm or establishment if: this Act, in consulta on with concerned public and private sectors, within sixty (60) days from the "(1) The viola on of any provision of this Act has resulted in the death, insanity or serious physical effec vity of this Act. injury of a child employed in such establishment; or Such rules and regula ons shall take effect upon their publica on in two (2) na onal newspapers of "(2) Such firm or establishment is engaged or employed in pros tu on or in obscene or lewd shows. general circula on. "h) In case of such closure, the employer shall be required to pay the employee(s) the separa on pay Section 11. Separability Clause. - If any provision of this Act is declared invalid or uncons tu onal, and other monetary benefits provided for by law." the validity of the remaining provisions hereof shall remain in full force and effect. Section 12. Repealing Clause. - All laws, decrees, or rules inconsistent with the provisions of this Act AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR are hereby repealed or modified accordingly. PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER Section 13. Effectivity. - This Act shall take effect fi een (15) days from the date of its complete PURPOSES publica on in the Official Gazette or in at least two (2) na onal newspapers of general circula on. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1. Short Title.- This Act shall be known as the "An -Violence Against Women and Their Republic Act 7658 Children Act of 2004". AN ACT PROHIBITING THE EMPLOYMENT OF CHILDREN BELOW 15 YEARS OF AGE IN PUBLIC SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women AND PRIVATE UNDERTAKINGS, AMENDING FOR ITS PURPOSE SECTION 12, ARTICLE VIII OF and children and guarantees full respect for human rights. The State also recognizes the need to R.A. 7610. protect the family and its members par cularly women and children, from violence and threats to Section 1. Sec on 12, Ar cle VIII of R. A. No. 7610 otherwise known as the "Special Protec on of their personal safety and security. Children Against Child Abuse, Exploita on and Discrimina on Act" is hereby amended to read as Towards this end, the State shall exert efforts to address violence commi ed against women and follows: children in keeping with the fundamental freedoms guaranteed under the Cons tu on and the "Sec. 12. Employment of Children. — Children below fi een (15) years of age shall not be employed Provisions of the Universal Declara on of Human Rights, the conven on on the Elimina on of all except: forms of discrimina on Against Women, Conven on on the Rights of the Child and other (1) When a child works directly under the sole responsibility of his parents or legal guardian and interna onal human rights instruments of which the Philippines is a party. where only members of the employer's family are employed: Provided, however, That his SECTION 3. Definition of Terms.- As used in this Act, employment neither endangers his life, safety, health and morals, nor impairs his normal (a) "Violence against women and their children" refers to any act or a series of acts commi ed by development; Provided, further, That the parent or legal guardian shall provide the said minor child any person against a woman who is his wife, former wife, or against a woman with whom the person with the prescribed primary and/or secondary educa on; or has or had a sexual or da ng rela onship, or with whom he has a common child, or against her child (2) Where a child's employment or par cipa on in public entertainment or informa on through whether legi mate or illegi mate, within or without the family abode, which result in or is likely to cinema, theater, radio or television is essen al: Provided, The employment contract is concluded by result in physical, sexual, psychological harm or suffering, or economic abuse including threats of the child's parents or legal guardian, with the express agreement of the child concerned, if possible, such acts, ba ery, assault, coercion, harassment or arbitrary depriva on of liberty. It includes, but is and the approval of the Department of Labor and Employment: and Provided, That the following not limited to, the following acts: requirements in all instances are strictly complied with: A. "Physical Violence" refers to acts that include bodily or physical harm; (a) The employer shall ensure the protec on, health, safety, morals and normal development of the B. "Sexual violence" refers to an act which is sexual in nature, commi ed against a woman or her child; child. It includes, but is not limited to: (b) The employer shall ins tute measures to prevent the child's exploita on or discrimina on taking a) rape, sexual harassment, acts of lasciviousness, trea ng a woman or her child as a sex object, into account the system and level of remunera on, and the dura on and arrangement of working making demeaning and sexually sugges ve remarks, physically a acking the sexual parts of the me; and vic m's body, forcing her/him to watch obscene publica ons and indecent shows or forcing the (c) The employer shall formulate and implement, subject to the approval and supervision of woman or her child to do indecent acts and/or make films thereof, forcing the wife and competent authori es, a con nuing program for training and skills acquisi on of the child. mistress/lover to live in the conjugal home or sleep together in the same room with the abuser; In the above excep onal cases where any such child may be employed, the employer shall first b) acts causing or a emp ng to cause the vic m to engage in any sexual ac vity by force, threat of secure, before engaging such child, a work permit from the Department of Labor and Employment force, physical or other harm or threat of physical or other harm or coercion; which shall ensure observance of the above requirements. c) Pros tu ng the woman or child. The Department of Labor and Employment shall promulgate rules and regula ons necessary for the C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emo onal effec ve implementa on of this Sec on." suffering of the vic m such as but not limited to in mida on, harassment, stalking, damage to Sec. 2. All laws, decrees, execu ve orders, rules and regula ons or parts thereof contrary to, or property, public ridicule or humilia on, repeated verbal abuse and mental infidelity. It includes inconsistent with this Act are hereby modified or repealed accordingly. causing or allowing the vic m to witness the physical, sexual or psychological abuse of a member of Sec. 3. This Act shall take effect fi een (15) days a er its complete publica on in the Official Gaze e the family to which the vic m belongs, or to witness pornography in any form or to witness abusive or in at least two (2) na onal newspapers or general circula on whichever comes earlier. injury to pets or to unlawful or unwanted depriva on of the right to custody and/or visita on of common children. D. "Economic abuse" refers to acts that make or a empt to make a woman financially dependent Republic Act No. 9262 March 08, 2004 which includes, but is not limited to the following: 1. withdrawal of financial support or preven ng the vic m from engaging in any legi mate (1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family; profession, occupa on, business or ac vity, except in cases wherein the other spouse/partner (2) Depriving or threatening to deprive the woman or her children of financial support legally due objects on valid, serious and moral grounds as defined in Ar cle 73 of the Family Code; her or her family, or deliberately providing the woman's children insufficient financial support; 2. depriva on or threat of depriva on of financial resources and the right to the use and enjoyment (3) Depriving or threatening to deprive the woman or her child of a legal right; of the conjugal, community or property owned in common; (4) Preven ng the woman in engaging in any legi mate profession, occupa on, business or ac vity 3. destroying household property; or controlling the vic m's own mon4ey or proper es, or solely controlling the conjugal or common 4. controlling the vic ms' own money or proper es or solely controlling the conjugal money or money, or proper es; proper es. (f) Inflic ng or threatening to inflict physical harm on oneself for the purpose of controlling her (b) "Battery" refers to an act of inflic ng physical harm upon the woman or her child resul ng to the ac ons or decisions; physical and psychological or emo onal distress. (g) Causing or a emp ng to cause the woman or her child to engage in any sexual ac vity which (c) "Battered Woman Syndrome" refers to a scien fically defined pa ern of psychological and does not cons tute rape, by force or threat of force, physical harm, or through in mida on directed behavioral symptoms found in women living in ba ering rela onships as a result of cumula ve against the woman or her child or her/his immediate family; abuse. (h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms (d) "Stalking" refers to an inten onal act commi ed by a person who, knowingly and without lawful or causes substan al emo onal or psychological distress to the woman or her child. This shall jus fica on follows the woman or her child or places the woman or her child under surveillance include, but not be limited to, the following acts: directly or indirectly or a combina on thereof. (1) Stalking or following the woman or her child in public or private places; (e) "Dating relationship" refers to a situa on wherein the par es live as husband and wife without (2) Peering in the window or lingering outside the residence of the woman or her child; the benefit of marriage or are roman cally involved over me and on a con nuing basis during the (3) Entering or remaining in the dwelling or on the property of the woman or her child against course of the rela onship. A casual acquaintance or ordinary socializa on between two individuals her/his will; in a business or social context is not a da ng rela onship. (4) Destroying the property and personal belongings or inflic ng harm to animals or pets of the (f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a woman or her child; and common child. (5) Engaging in any form of harassment or violence; (g) "Safe place or shelter" refers to any home or ins tu on maintained or managed by the (i) Causing mental or emo onal anguish, public ridicule or humilia on to the woman or her child, Department of Social Welfare and Development (DSWD) or by any other agency or voluntary including, but not limited to, repeated verbal and emo onal abuse, and denial of financial support or organiza on accredited by the DSWD for the purposes of this Act or any other suitable place the custody of minor children of access to the woman's child/children. resident of which is willing temporarily to receive the vic m. SECTION 6. Penalties.- The crime of violence against women and their children, under Sec on 5 (h) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking hereof shall be punished according to the following rules: care of themselves as defined under Republic Act No. 7610. As used in this Act, it includes the (a) Acts falling under Sec on 5(a) cons tu ng a empted, frustrated or consummated parricide or biological children of the vic m and other children under her care. murder or homicide shall be punished in accordance with the provisions of the Revised Penal Code. SECTION 4. Construction.- This Act shall be liberally construed to promote the protec on and safety If these acts resulted in mu la on, it shall be punishable in accordance with the Revised Penal Code; of vic ms of violence against women and their children. those cons tu ng serious physical injuries shall have the penalty of prison mayor; those cons tu ng SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against less serious physical injuries shall be punished by prision correccional; and those cons tu ng slight women and their children is commi ed through any of the following acts: physical injuries shall be punished by arresto mayor. (a) Causing physical harm to the woman or her child; Acts falling under Sec on 5(b) shall be punished by imprisonment of two degrees lower than the (b) Threatening to cause the woman or her child physical harm; prescribed penalty for the consummated crime as specified in the preceding paragraph but shall in (c) A emp ng to cause the woman or her child physical harm; no case be lower than arresto mayor. (d) Placing the woman or her child in fear of imminent physical harm; (b) Acts falling under Sec on 5(c) and 5(d) shall be punished by arresto mayor; (e) A emp ng to compel or compelling the woman or her child to engage in conduct which the (c) Acts falling under Sec on 5(e) shall be punished by prision correccional; woman or her child has the right to desist from or desist from conduct which the woman or her child (d) Acts falling under Sec on 5(f) shall be punished by arresto mayor; has the right to engage in, or a emp ng to restrict or restric ng the woman's or her child's freedom (e) Acts falling under Sec on 5(g) shall be punished by prision mayor; of movement or conduct by force or threat of force, physical or other harm or threat of physical or (f) Acts falling under Sec on 5(h) and Sec on 5(i) shall be punished by prision mayor. other harm, or in mida on directed against the woman or child. This shall include, but not limited If the acts are commi ed while the woman or child is pregnant or commi ed in the presence of her to, the following acts commi ed with the purpose or effect of controlling or restric ng the woman's child, the penalty to be applied shall be the maximum period of penalty prescribed in the sec on. or her child's movement or conduct: In addi on to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One (h) Prohibi on of the respondent from any use or possession of any firearm or deadly weapon and hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos order him to surrender the same to the court for appropriate disposi on by the court, including (300,000.00); (b) undergo mandatory psychological counseling or psychiatric treatment and shall revoca on of license and disqualifica on to apply for any license to use or possess a firearm. If the report compliance to the court. offender is a law enforcement agent, the court shall order the offender to surrender his firearm and SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have original and shall direct the appropriate authority to inves gate on the offender and take appropriate ac on on exclusive jurisdic on over cases of violence against women and their children under this law. In the ma er; absence of such court in the place where the offense was commi ed, the case shall be filed in the (i) Res tu on for actual damages caused by the violence inflicted, including, but not limited to, Regional Trial Court where the crime or any of its elements was commi ed at the op on of the property damage, medical expenses, childcare expenses and loss of income; compliant. (j) Direc ng the DSWD or any appropriate agency to provide pe oner may need; and SECTION 8. Protection Orders.- A protec on order is an order issued under this act for the purpose (k) Provision of such other forms of relief as the court deems necessary to protect and provide for of preven ng further acts of violence against a woman or her child specified in Sec on 5 of this Act the safety of the pe oner and any designated family or household member, provided pe oner and gran ng other necessary relief. The relief granted under a protec on order serve the purpose of and any designated family or household member consents to such relief. safeguarding the vic m from further harm, minimizing any disrup on in the vic m's daily life, and Any of the reliefs provided under this sec on shall be granted even in the absence of a decree of facilita ng the opportunity and ability of the vic m to independently regain control over her life. The legal separa on or annulment or declara on of absolute nullity of marriage. provisions of the protec on order shall be enforced by law enforcement agencies. The protec on The issuance of a BPO or the pendency of an applica on for BPO shall not preclude a pe oner from orders that may be issued under this Act are the barangay protec on order (BPO), temporary applying for, or the court from gran ng a TPO or PPO. protec on order (TPO) and permanent protec on order (PPO). The protec on orders that may be SECTION 9. Who may file Petition for Protection Orders. – A pe on for protec on order may be issued under this Act shall include any, some or all of the following reliefs: filed by any of the following: (a) Prohibi on of the respondent from threatening to commit or commi ng, personally or through (a) the offended party; another, any of the acts men oned in Sec on 5 of this Act; (b) parents or guardians of the offended party; (b) Prohibi on of the respondent from harassing, annoying, telephoning, contac ng or otherwise (c) ascendants, descendants or collateral rela ves within the fourth civil degree of consanguinity or communica ng with the pe oner, directly or indirectly; affinity; (c) Removal and exclusion of the respondent from the residence of the pe oner, regardless of (d) officers or social workers of the DSWD or social workers of local government units (LGUs); ownership of the residence, either temporarily for the purpose of protec ng the pe oner, or (e) police officers, preferably those in charge of women and children's desks; permanently where no property rights are violated, and if respondent must remove personal effects (f) Punong Barangay or Barangay Kagawad; from the residence, the court shall direct a law enforcement agent to accompany the respondent has (g) lawyer, counselor, therapist or healthcare provider of the pe oner; gathered his things and escort respondent from the residence; (h) At least two (2) concerned responsible ci zens of the city or municipality where the violence (d) Direc ng the respondent to stay away from pe oner and designated family or household against women and their children occurred and who has personal knowledge of the offense member at a distance specified by the court, and to stay away from the residence, school, place of commi ed. employment, or any specified place frequented by the pe oner and any designated family or SECTION 10. Where to Apply for a Protection Order. – Applica ons for BPOs shall follow the rules on household member; venue under Sec on 409 of the Local Government Code of 1991 and its implemen ng rules and (e) Direc ng lawful possession and use by pe oner of an automobile and other essen al personal regula ons. An applica on for a TPO or PPO may be filed in the regional trial court, metropolitan effects, regardless of ownership, and direc ng the appropriate law enforcement officer to trial court, municipal trial court, municipal circuit trial court with territorial jurisdic on over the accompany the pe oner to the residence of the par es to ensure that the pe oner is safely place of residence of the pe oner: Provided, however, That if a family court exists in the place of restored to the possession of the automobile and other essen al personal effects, or to supervise residence of the pe oner, the applica on shall be filed with that court. the pe oner's or respondent's removal of personal belongings; SECTION 11. How to Apply for a Protection Order. – The applica on for a protec on order must be in (f) Gran ng a temporary or permanent custody of a child/children to the pe oner; wri ng, signed and verified under oath by the applicant. It may be filed as an independent ac on or (g) Direc ng the respondent to provide support to the woman and/or her child if en tled to legal as incidental relief in any civil or criminal case the subject ma er or issues thereof partakes of a support. Notwithstanding other laws to the contrary, the court shall order an appropriate percentage violence as described in this Act. A standard protec on order applica on form, wri en in English of the income or salary of the respondent to be withheld regularly by the respondent's employer for with transla on to the major local languages, shall be made available to facilitate applica ons for the same to be automa cally remi ed directly to the woman. Failure to remit and/or withhold or protec ons order, and shall contain, among other, the following informa on: any delay in the remi ance of support to the woman and/or her child without jus fiable cause shall (a) names and addresses of pe oner and respondent; render the respondent or his employer liable for indirect contempt of court; (b) descrip on of rela onships between pe oner and respondent; (c) a statement of the circumstances of the abuse; (d) descrip on of the reliefs requested by pe oner as specified in Sec on 8 herein; reliefs men oned in this Act and shall be effec ve for thirty (30) days. The court shall schedule a (e) request for counsel and reasons for such; hearing on the issuance of a PPO prior to or on the date of the expira on of the TPO. The court shall (f) request for waiver of applica on fees un l hearing; and order the immediate personal service of the TPO on the respondent by the court sheriff who may (g) an a esta on that there is no pending applica on for a protec on order in another court. obtain the assistance of law enforcement agents for the service. The TPO shall include no ce of the If the applicants is not the vic m, the applica on must be accompanied by an affidavit of the date of the hearing on the merits of the issuance of a PPO. applicant a es ng to (a) the circumstances of the abuse suffered by the vic m and (b) the SECTION 16. Permanent Protection Orders. – Permanent Protec on Order (PPO) refers to protec on circumstances of consent given by the vic m for the filling of the applica on. When disclosure of the order issued by the court a er no ce and hearing. address of the vic m will pose danger to her life, it shall be so stated in the applica on. In such a Respondents non-appearance despite proper no ce, or his lack of a lawyer, or the non-availability of case, the applicant shall a est that the vic m is residing in the municipality or city over which court his lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the has territorial jurisdic on, and shall provide a mailing address for purpose of service processing. issuance of a PPO. If the respondents appears without counsel on the date of the hearing on the An applica on for protec on order filed with a court shall be considered an applica on for both a PPO, the court shall appoint a lawyer for the respondent and immediately proceed with the hearing. TPO and PPO. In case the respondent fails to appear despite proper no ce, the court shall allow ex parte Barangay officials and court personnel shall assist applicants in the prepara on of the applica on. presenta on of the evidence by the applicant and render judgment on the basis of the evidence Law enforcement agents shall also extend assistance in the applica on for protec on orders in cases presented. The court shall allow the introduc on of any history of abusive conduct of a respondent brought to their a en on. even if the same was not directed against the applicant or the person for whom the applicant is SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this Act shall be made. enforceable anywhere in the Philippines and a viola on thereof shall be punishable with a fine The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in ranging from Five Thousand Pesos (P5,000.00) to Fi y Thousand Pesos (P50,000.00) and/or one (1) day. Where the court is unable to conduct the hearing within one (1) day and the TPO issued imprisonment of six (6) months. is due to expire, the court shall con nuously extend or renew the TPO for a period of thirty (30) days SECTION 13. Legal Representation of Petitioners for Protection Order. – If the woman or her child at each par cular me un l final judgment is issued. The extended or renewed TPO may be modified requests in the applica ons for a protec on order for the appointment of counsel because of lack of by the court as may be necessary or applicable to address the needs of the applicant. economic means to hire a counsel de parte, the court shall immediately direct the Public A orney's The court may grant any, some or all of the reliefs specified in Sec on 8 hereof in a PPO. A PPO shall Office (PAO) to represent the pe oner in the hearing on the applica on. If the PAO determines that be effec ve un l revoked by a court upon applica on of the person in whose favor the order was the applicant can afford to hire the services of a counsel de parte, it shall facilitate the legal issued. The court shall ensure immediate personal service of the PPO on respondent. representa on of the pe oner by a counsel de parte. The lack of access to family or conjugal The court shall not deny the issuance of protec on order on the basis of the lapse of me between resources by the applicant, such as when the same are controlled by the perpetrator, shall qualify the act of violence and the filing of the applica on. the pe oner to legal representa on by the PAO. Regardless of the convic on or acqui al of the respondent, the Court must determine whether or However, a private counsel offering free legal service is not barred from represen ng the pe oner. not the PPO shall become final. Even in a dismissal, a PPO shall be granted as long as there is no clear SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protec on showing that the act from which the order might arise did not exist. Orders (BPOs) refer to the protec on order issued by the Punong Barangay ordering the perpetrator SECTION 17. Notice of Sanction in Protection Orders. – The following statement must be printed in to desist from commi ng acts under Sec on 5 (a) and (b) of this Act. A Punong Barangay who bold-faced type or in capital le ers on the protec on order issued by the Punong Barangay or court: receives applica ons for a BPO shall issue the protec on order to the applicant on the date of filing "VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW." a er ex parte determina on of the basis of the applica on. If the Punong Barangay is unavailable to SECTION 18. Mandatory Period For Acting on Applications For Protection Orders – Failure to act on act on the applica on for a BPO, the applica on shall be acted upon by any available Barangay an applica on for a protec on order within the reglementary period specified in the previous Kagawad. If the BPO is issued by a Barangay Kagawad the order must be accompanied by an sec on without jus fiable cause shall render the official or judge administra vely liable. a esta on by the Barangay Kagawad that the Punong Barangay was unavailable at the me for the SECTION 19. Legal Separation Cases. – In cases of legal separa on, where violence as specified in issuance of the BPO. BPOs shall be effec ve for fi een (15) days. Immediately a er the issuance of this Act is alleged, Ar cle 58 of the Family Code shall not apply. The court shall proceed on the main an ex parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy of the case and other incidents of the case as soon as possible. The hearing on any applica on for a same on the respondent, or direct any barangay official to effect is personal service. protec on order filed by the pe oner must be conducted within the mandatory period specified in The par es may be accompanied by a non-lawyer advocate in any proceeding before the Punong this Act. Barangay. SECTION 20. Priority of Application for a Protection Order. – Ex parte and adversarial hearings to SECTION 15. Temporary Protection Orders. – Temporary Protec on Orders (TPOs) refers to the determine the basis of applica ons for a protec on order under this Act shall have priority over all protec on order issued by the court on the date of filing of the applica on a er ex parte other proceedings. Barangay officials and the courts shall schedule and conduct hearings on determina on that such order should be issued. A court may grant in a TPO any, some or all of the applica ons for a protec on order under this Act above all other business and, if necessary, suspend SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court personnel should other proceedings in order to hear applica ons for a protec on order. observe the following du es when dealing with vic ms under this Act: SECTION 21. Violation of Protection Orders. – A complaint for a viola on of a BPO issued under this a) communicate with the vic m in a language understood by the woman or her child; and Act must be filed directly with any municipal trial court, metropolitan trial court, or municipal circuit b) inform the vic m of her/his rights including legal remedies available and procedure, and privileges trial court that has territorial jurisdic on over the barangay that issued the BPO. Viola on of a BPO for indigent li gants. shall be punishable by imprisonment of thirty (30) days without prejudice to any other criminal or SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law enforcers civil ac on that the offended party may file for any of the acts commi ed. shall have the following du es: A judgement of viola on of a BPO ma be appealed according to the Rules of Court. During trial and (a) respond immediately to a call for help or request for assistance or protec on of the vic m by upon judgment, the trial court may motu proprio issue a protec on order as it deems necessary entering the necessary whether or not a protec on order has been issued and ensure the safety of without need of an applica on. the vic m/s; Viola on of any provision of a TPO or PPO issued under this Act shall cons tute contempt of court (b) confiscate any deadly weapon in the possession of the perpetrator or within plain view; punishable under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil (c) transport or escort the vic m/s to a safe place of their choice or to a clinic or hospital; ac on that the offended party may file for any of the acts commi ed. (d) assist the vic m in removing personal belongs from the house; SECTION 22. Applicability of Protection Orders to Criminal Cases. – The foregoing provisions on (e) assist the barangay officials and other government officers and employees who respond to a call protec on orders shall be applicable in impliedly ins tuted with the criminal ac ons involving for help; violence against women and their children. (f) ensure the enforcement of the Protec on Orders issued by the Punong Barangy or the courts; SECTION 23. Bond to Keep the Peace. – The Court may order any person against whom a protec on (g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence defined by order is issued to give a bond to keep the peace, to present two sufficient sure es who shall this Act is occurring, or when he/she has personal knowledge that any act of abuse has just been undertake that such person will not commit the violence sought to be prevented. commi ed, and there is imminent danger to the life or limb of the vic m as defined in this Act; and Should the respondent fail to give the bond as required, he shall be detained for a period which shall (h) immediately report the call for assessment or assistance of the DSWD, social Welfare Department in no case exceed six (6) months, if he shall have been prosecuted for acts punishable under Sec on of LGUs or accredited non-government organiza ons (NGOs). 5(a) to 5(f) and not exceeding thirty (30) days, if for acts punishable under Sec on 5(g) to 5(I). Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not The protec on orders referred to in this sec on are the TPOs and the PPOs issued only by the courts. exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administra ve SECTION 24. Prescriptive Period. – Acts falling under Sec ons 5(a) to 5(f) shall prescribe in twenty liability. (20) years. Acts falling under Sec ons 5(g) to 5(I) shall prescribe in ten (10) years. SECTION 31. Healthcare Provider Response to Abuse – Any healthcare provider, including, but not SECTION 25. Public Crime. – Violence against women and their children shall be considered a public limited to, an a ending physician, nurse, clinician, barangay health worker, therapist or counselor offense which may be prosecuted upon the filing of a complaint by any ci zen having personal who suspects abuse or has been informed by the vic m of violence shall: knowledge of the circumstances involving the commission of the crime. (a) properly document any of the vic m's physical, emo onal or psychological injuries; SECTION 26. Battered Woman Syndrome as a Defense. – Vic m-survivors who are found by the (b) properly record any of vic m's suspicions, observa ons and circumstances of the examina on or courts to be suffering from ba ered woman syndrome do not incur any criminal and civil liability visit; notwithstanding the absence of any of the elements for jus fying circumstances of self-defense (c) automa cally provide the vic m free of charge a medical cer ficate concerning the examina on under the Revised Penal Code. or visit; In the determina on of the state of mind of the woman who was suffering from ba ered woman (d) safeguard the records and make them available to the vic m upon request at actual cost; and syndrome at the me of the commission of the crime, the courts shall be assisted by expert (e) provide the vic m immediate and adequate no ce of rights and remedies provided under this psychiatrists/ psychologists. Act, and services available to them. SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or any other SECTION 32. Duties of Other Government Agencies and LGUs – Other government agencies and LGUs mind-altering substance shall not be a defense under this Act. shall establish programs such as, but not limited to, educa on and informa on campaign and SECTION 28. Custody of children. – The woman vic m of violence shall be en tled to the custody and seminars or symposia on the nature, causes, incidence and consequences of such violence support of her child/children. Children below seven (7) years old older but with mental or physical par cularly towards educa ng the public on its social impacts. disabili es shall automa cally be given to the mother, with right to support, unless the court finds It shall be the duty of the concerned government agencies and LGU's to ensure the sustained compelling reasons to order otherwise. educa on and training of their officers and personnel on the preven on of violence against women A vic m who is suffering from ba ered woman syndrome shall not be disqualified from having and their children under the Act. custody of her children. In no case shall custody of minor children be given to the perpetrator of a SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court hearing an woman who is suffering from Ba ered woman syndrome. applica on for a protec on order shall not order, direct, force or in any way unduly influence he applicant for a protec on order to compromise or abandon any of the reliefs sought in the These agencies are tasked to formulate programs and projects to eliminate VAW based on their applica on for protec on under this Act. Sec on 7 of the Family Courts Act of 1997 and Sec ons mandates as well as develop capability programs for their employees to become more sensi ve to 410, 411, 412 and 413 of the Local Government Code of 1991 shall not apply in proceedings where the needs of their clients. The Council will also serve as the monitoring body as regards to VAW relief is sought under this Act. ini a ves. Failure to comply with this Sec on shall render the official or judge administra vely liable. The Council members may designate their duly authorized representa ve who shall have a rank not SECTION 34. Persons Intervening Exempt from Liability. – In every case of violence against women lower than an assistant secretary or its equivalent. These representa ves shall a end Council and their children as herein defined, any person, private individual or police authority or barangay mee ngs in their behalf, and shall receive emoluments as may be determined by the Council in official who, ac ng in accordance with law, responds or intervenes without using violence or accordance with exis ng budget and accoun ng rules and regula ons. restraint greater than necessary to ensure the safety of the vic m, shall not be liable for any SECTION 40. Mandatory Programs and Services for Victims. – The DSWD, and LGU's shall provide the criminal, civil or administra ve liability resul ng therefrom. vic ms temporary shelters, provide counseling, psycho-social services and /or, recovery, SECTION 35. Rights of Victims. – In addi on to their rights under exis ng laws, vic ms of violence rehabilita on programs and livelihood assistance. against women and their children shall have the following rights: The DOH shall provide medical assistance to vic ms. (a) to be treated with respect and dignity; SECTION 41. Counseling and Treatment of Offenders. – The DSWD shall provide rehabilita ve (b) to avail of legal assistance form the PAO of the Department of Jus ce (DOJ) or any public legal counseling and treatment to perpetrators towards learning construc ve ways of coping with anger assistance office; and emo onal outbursts and reforming their ways. When necessary, the offender shall be ordered (c) To be en tled to support services form the DSWD and LGUs' by the Court to submit to psychiatric treatment or confinement. (d) To be en tled to all legal remedies and support as provided for under the Family Code; and SECTION 42. Training of Persons Involved in Responding to Violence Against Women and their (e) To be informed of their rights and the services available to them including their right to apply for Children Cases. – All agencies involved in responding to violence against women and their children a protec on order. cases shall be required to undergo educa on and training to acquaint them with: SECTION 36. Damages. – Any vic m of violence under this Act shall be en tled to actual, a. the nature, extend and causes of violence against women and their children; compensatory, moral and exemplary damages. b. the legal rights of, and remedies available to, vic ms of violence against women and their SECTION 37. Hold Departure Order. – The court shall expedite the process of issuance of a hold children; departure order in cases prosecuted under this Act. c. the services and facili es available to vic ms or survivors; SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. – If the vic m is an d. the legal du es imposed on police officers to make arrest and to offer protec on and assistance; indigent or there is an immediate necessity due to imminent danger or threat of danger to act on an and applica on for a protec on order, the court shall accept the applica on without payment of the e. techniques for handling incidents of violence against women and their children that minimize the filing fee and other fees and of transcript of stenographic notes. likelihood of injury to the officer and promote the safety of the vic m or survivor. SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). In The PNP, in coordina on with LGU's shall establish an educa on and training program for police pursuance of the abovemen oned policy, there is hereby established an Inter-Agency Council on officers and barangay officials to enable them to properly handle cases of violence against women Violence Against Women and their children, hereina er known as the Council, which shall be and their children. composed of the following agencies: SECTION 43. Entitled to Leave. – Vic ms under this Act shall be en tled to take a paid leave of (a) Department of Social Welfare and Development (DSWD); absence up to ten (10) days in addi on to other paid leaves under the Labor Code and Civil Service (b) Na onal Commission on the Role of Filipino Women (NCRFW); Rules and Regula ons, extendible when the necessity arises as specified in the protec on order. (c) Civil Service Commission (CSC); Any employer who shall prejudice the right of the person under this sec on shall be penalized in (d) Commission on Human rights (CHR) accordance with the provisions of the Labor Code and Civil Service Rules and Regula ons. Likewise, (e) Council for the Welfare of Children (CWC); an employer who shall prejudice any person for assis ng a co-employee who is a vic m under this (f) Department of Jus ce (DOJ); Act shall likewise be liable for discrimina on. (g) Department of the Interior and Local Government (DILG); SECTION 44. Confidentiality. – All records pertaining to cases of violence against women and their (h) Philippine Na onal Police (PNP); children including those in the barangay shall be confiden al and all public officers and employees (i) Department of Health (DOH); and public or private clinics to hospitals shall respect the right to privacy of the vic m. Whoever (j) Department of Educa on (DepEd); publishes or causes to be published, in any format, the name, address, telephone number, school, (k) Department of Labor and Employment (DOLE); and business address, employer, or other iden fying informa on of a vic m or an immediate family (l) Na onal Bureau of Inves ga on (NBI). member, without the la er's consent, shall be liable to the contempt power of the court. Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a (3) The above acts would result in an in mida ng, hos le, or offensive environment for the fine of not more than Five Hundred Thousand pesos (P500,000.00). employee. SECTION 45. Funding – The amount necessary to implement the provisions of this Act shall be (b) In an educa on or training environment, sexual harassment is commi ed: included in the annual General Appropria ons Act (GAA). (1) Against one who is under the care, custody or supervision of the offender; The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be used to (2) Against one whose educa on, training, appren ceship or tutorship is entrusted to the offender; implement services for vic m of violence against women and their children. (3) When the sexual favor is made a condi on to the giving of a passing grade, or the gran ng of SECTION 46. Implementing Rules and Regulations. – Within six (6) months from the approval of this honors and scholarships, or the payment of a s pend, allowance or other benefits, privileges, or Act, the DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (3) representa ves considera on; or from NGOs to be iden fied by the NCRFW, shall promulgate the Implemen ng Rules and Regula ons (4) When the sexual advances result in an in mida ng, hos le or offensive environment for the (IRR) of this Act. student, trainee or appren ce. SECTION 47. Suppletory Application – For purposes of this Act, the Revised Penal Code and other Any person who directs or induces another to commit any act of sexual harassment as herein applicable laws, shall have suppletory applica on. defined, or who cooperates in the commission thereof by another without which it would not have SECTION 48. Separability Clause. – If any sec on or provision of this Act is held uncons tu onal or been commi ed, shall also be held liable under this Act. invalid, the other sec ons or provisions shall not be affected. Section 4. Duty of the Employer or Head of Office in a Work-related, Educa on or Training SECTION 49. Repealing Clause – All laws, Presiden al decrees, execu ve orders and rules and Environment. - It shall be the duty of the employer or the head of the work-related, educa onal or regula ons, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or training environment or ins tu on, to prevent or deter the commission of acts of sexual harassment modified accordingly. and to provide the procedures for the resolu on, se lement or prosecu on of acts of sexual SECTION 50. Effectivity – This Act shall take effect fi een (15) days from the date of its complete harassment. Towards this end, the employer or head of office shall: publica on in at least two (2) newspapers of general circula on. (a) Promulgate appropriate rules and regula ons in consulta on with and joint1y approved by the employees or students or trainees, through their duly designated representa ves, prescribing the procedure for the inves ga on of sexual harassment cases and the administra ve sanc ons therefor. REPUBLIC ACT No. 7877 Administra ve sanc ons shall not be a bar to prosecu on in the proper courts for unlawful acts of AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR sexual harassment. TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES. The said rules and regula ons issued pursuant to this subsec on (a) shall include, among others, Be it enacted by the Senate and House of Representa ves of the Philippines in Congress assembled: guidelines on proper decorum in the workplace and educa onal or training ins tu ons. Section 1. Title. - This Act shall be known as the "An -Sexual Harassment Act of 1995." (b) Create a commi ee on decorum and inves ga on of cases on sexual harassment. The commi ee Section 2. Declaration of Policy. - The State shall value the dignity of every individual, enhance the shall conduct mee ngs, as the case may be, with officers and employees, teachers, instructors, development of its human resources, guarantee full respect for human rights, and uphold the dignity professors, coaches, trainors, and students or trainees to increase understanding and prevent of workers, employees, applicants for employment, students or those undergoing training, incidents of sexual harassment. It shall also conduct the inves ga on of alleged cases cons tu ng instruc on or educa on. Towards this end, all forms of sexual harassment in the employment, sexual harassment. educa on or training environment are hereby declared unlawful. In the case of a work-related environment, the commi ee shall be composed of at least one (1) Section 3. Work, Education or Training -Related, Sexual Harassment Defined. - Work, educa on or representa ve each from the management, the union, if any, the employees from the supervisory training-related sexual harassment is commi ed by an employer, employee, manager, supervisor, rank, and from the rank and file employees. agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having In the case of the educa onal or training ins tu on, the commi ee shall be composed of at least authority, influence or moral ascendancy over another in a work or training or educa on one (1) representa ve from the administra on, the trainors, instructors, professors or coaches and environment, demands, requests or otherwise requires any sexual favor from the other, regardless of students or trainees, as the case may be. whether the demand, request or requirement for submission is accepted by the object of said Act. The employer or head of office, educa onal or training ins tu on shall disseminate or post a copy of (a) In a work-related or employment environment, sexual harassment is commi ed when: this Act for the informa on of all concerned. (1) The sexual favor is made as a condi on in the hiring or in the employment, re-employment or Section 5. Liability of the Employer, Head of Office, Educational or Training Institution. - The con nued employment of said individual, or in gran ng said individual favorable compensa on, employer or head of office, educa onal or training ins tu on shall be solidarily liable for damages terms of condi ons, promo ons, or privileges; or the refusal to grant the sexual favor results in arising from the acts of sexual harassment commi ed in the employment, educa on limi ng, segrega ng or classifying the employee which in any way would discriminate, deprive or training environment if the employer or head of office, educa onal or training ins tu on is ordiminish employment opportuni es or otherwise adversely affect said employee; informed of such acts by the offended party and no immediate ac on is taken. (2) The above acts would impair the employee's rights or privileges under exis ng labor laws; or Section 6. Independent Action for Damages. - Nothing in this Act shall preclude the vic m of work, Section 4. If the person subjected to hazing or other forms of ini a on rites suffers any physical educa on or training-related sexual harassment from ins tu ng a separate and independent ac on injury or dies as a result thereof, the officers and members of the fraternity, sorority or organiza on for damages and other affirma ve relief. who actually par cipated in the inflic on of physical harm shall be liable as principals. The person or Section 7. Penalties. - Any person who violates the provisions of this Act shall, upon convic on, be persons who par cipated in the hazing shall suffer: penalized by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of 1. The penalty of reclusion perpetua (life imprisonment) if death, rape, sodomy or mu la on results not less than Ten thousand pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or there from. both such fine and imprisonment at the discre on of the court. 2. The penalty of reclusion temporal in its maximum period (17 years, 4 months and 1 day to 20 Any ac on arising from the viola on of the provisions of this Act shall prescribe in three (3) years. years) if in consequence of the hazing the vic m shall become insane, imbecile, impotent or blind. Section 8. Separability Clause. - If any por on or provision of this Act is declared void or 3. The penalty of reclusion temporal in its medium period (14 years, 8 months and one day to 17 uncons tu onal, the remaining por ons or provisions hereof shall not be affected by such years and 4 months) if in consequence of the hazing the vic m shall have lost the use of speech or declara on. the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm or a leg or shall have Section 9. Repealing Clause. - All laws, decrees, orders, rules and regula ons, other issuances, or lost the use of any such member shall have become incapacitated for the ac vity or work in which parts thereof inconsistent with the provisions of this Act are hereby repealed or modified he was habitually engaged. accordingly. 4. The penalty of reclusion temporal in its minimum period (12 years and one day to 14 years and 8 Section 10. Effectivity Clause.- This Act shall take effect fi een (15) days a er its complete months) if in consequence of the hazing the vic m shall become deformed or shall have lost any publica on in at least two (2) na onal newspapers of general circula on. other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance on the ac vity or work in which he was habitually engaged for a period of more than ninety (90) days. REPUBLIC ACT No. 8049 5. The penalty of prison mayor in its maximum period (10 years and one day to 12 years) if in AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES, consequence of the hazing the vic m shall have been ill or incapacitated for the performance on the SORORITIES, AND OTHER ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR ac vity or work in which he was habitually engaged for a period of more than thirty (30) days. Section 1. Hazing, as used in this Act, is an ini a on rite or prac ce as a prerequisite for admission 6. The penalty of prison mayor in its medium period (8 years and one day to 10 years) if in into membership in a fraternity, sorority or organiza on by placing the recruit, neophyte or applicant consequence of the hazing the vic m shall have been ill or incapacitated for the performance on the in some embarrassing or humilia ng situa ons such as forcing him to do menial, silly, foolish and ac vity or work in which he was habitually engaged for a period of ten (10) days or more, or that the other similar tasks or ac vi es or otherwise subjec ng him to physical or psychological suffering or injury sustained shall require medical assistance for the same period. injury. 7. The penalty of prison mayor in its minimum period (6 years and one day to 8 years) if in The term "organiza on" shall include any club or the Armed Forces of the Philippines, Philippine consequence of the hazing the vic m shall have been ill or incapacitated for the performance on the Na onal Police, Philippine Military Academy, or officer and cadet corp of the Ci zen's Military ac vity or work in which he was habitually engaged from one (1) to nine (9) days, or that the injury Training and Ci zen's Army Training. The physical, mental and psychological tes ng and training sustained shall require medical assistance for the same period. procedure and prac ces to determine and enhance the physical, mental and psychological fitness of 8. The penalty of prison correccional in its maximum period (4 years, 2 months and one day to 6 prospec ve regular members of the Armed Forces of the Philippines and the Philippine Na onal years) if in consequence of the hazing the vic m sustained physical injuries which do not prevent Police as approved ny the Secretary of Na onal Defense and the Na onal Police Commission duly him from engaging in his habitual ac vity or work nor require medical a endance. recommended by the Chief of Staff, Armed Forces of the Philippines and the Director General of the The responsible officials of the school or of the police, military or ci zen's army training organiza on, Philippine Na onal Police shall not be considered as hazing for the purposes of this Act. may impose the appropriate administra ve sanc ons on the person or the persons charged under Section 2. No hazing or ini a on rites in any form or manner by a fraternity, sorority or organiza on this provision even before their convic on. The maximum penalty herein provided shall be imposed shall be allowed without prior wri en no ce to the school authori es or head of organiza on seven in any of the following instances: (7) days before the conduct of such ini a on. The wri en no ce shall indicate the period of the (a) when the recruitment is accompanied by force, violence, threat, in mida on or deceit on the ini a on ac vi es which shall not exceed three (3) days, shall include the names of those to be person of the recruit who refuses to join; subjected to such ac vi es, and shall further contain an undertaking that no physical violence be (b) when the recruit, neophyte or applicant ini ally consents to join but upon learning that hazing employed by anybody during such ini a on rites. will be commi ed on his person, is prevented from qui ng; Section 3. The head of the school or organiza on or their representa ves must assign at least two (c) when the recruit, neophyte or applicant having undergone hazing is prevented from repor ng the (2) representa ves of the school or organiza on, as the case may be, to be present during the unlawful act to his parents or guardians, to the proper school authori es, or to the police ini a on. It is the duty of such representa ve to see to it that no physical harm of any kind shall be authori es, through force, violence, threat or in mida on; inflicted upon a recruit, neophyte or applicant. (d) when the hazing is commi ed outside of the school or ins tu on; or (e) when the vic m is below twelve (12) years of age at the me of the hazing. rite or prac ce made as a prerequisite for admission or a requirement for con nuing The owner of the place where hazing is conducted shall be liable as an accomplice, when he has membership in a fraternity, sorority, or organiza on including, but not limited to, paddling, actual knowledge of the hazing conducted therein but failed to take any ac on to prevent the same whipping, bea ng, branding, forced calisthenics, exposure to the weather forced from occurring. If the hazing is held in the home of one of the officers or members of the fraternity, consump on of any food, liquor, beverage, drug or other substance, or any other brutal group, or organiza on, the parents shall be held liable as principals when they have actual treatment or forced physical ac vity which is likely to adversely affect the physical and knowledge of the hazing conducted therein but failed to take any ac on to prevent the same from psychological health of such recruit, neophyte, applicant, or member. This shall also include occurring. any ac vity, inten onally made or otherwise, by one person alone or ac ng with others, The school authori es including faculty members who consent to the hazing or who have actual that tends to humiliate or embarrass, degrade, abuse, or endanger, by requiring a recruit, knowledge thereof, but failed to take any ac on to prevent the same from occurring shall be neophyte, applicant, or member to do menial, silly, or foolish tasks. punished as accomplices for the acts of hazing commi ed by the perpetrators. “(b) Initiation or Initiation Rites refer to ceremonies, prac ces, rituals, or other The officers, former officers, or alumni of the organiza on, group, fraternity or sorority who actually acts, whether formal or informal, that a person must perform or take part in order to be planned the hazing although not present when the acts cons tu ng the hazing were commi ed shall accepted into a fraternity, sorority, or organiza on as a full-fledged member. It includes be liable as principals. A fraternity or sorority's adviser who is present when the acts cons tu ng the ceremonies, rac ces, rituals, and other acts in all stages of membership in a fraternity, hazing were commi ed and failed to take ac on to prevent the same from occurring shall be liable sorority, or organiza on. as principal. “(c) Organization refers to an organized body of people which includes, but is not The presence of any person during the hazing is prima facie evidence of par cipa on therein as limited, any club, associa on, group, fraternity, and sorority. This term shall include the principal unless he prevented the commission of the acts punishable herein. Armed Forces of the Philippines (AFP), the Philippine Na onal Police (PNP), the Philippine Any person charged under this provision shall not be en tled to the mi ga ng circumstance that Military Academy (PMA), the Philippine Na onal Police Academy (PNPA), and other similar there was no inten on to commit so grave a wrong. uniformed service learning ins tu ons. This sec on shall apply to the president, manager, director or other responsible officer of a “(d) Schools refer to colleges, universi es, and all other educa on ins tu ons.” corpora on engaged in hazing as a requirement for employment in the manner provided herein. Section 3. A new sec on to be denominated as Sec on 3 is hereby inserted in the same Act to read Section 5. If any provision or part of this Act is declared invalid or uncons tu onal, the other parts as follows: or provisions thereof shall remain valid and effec ve. Sec on 3. Prohibition on Hazing. - All forms of hazing shall be prohibited in Section 6. All laws, orders, rules or regula ons which are inconsistent with or contrary to the fraterni es, sorori es, and organiza on in schools, including ci zens’ military training and provisions of this Act are hereby amended or repealed accordingly. ci zens’ army training. This prohibi on shall likewise apply to all other fraterni es, Section 7. This Act shall take effect fi een (15) calendar days a er its publica on in at least two (2) sorori es, and organiza ons that are not school-based, such as community-based and other na onal newspapers of general circula on. similar fraterni es, sorori es, and organiza ons: Provided, That the physical, mental, and psychological tes ng and training procedures and prac ces to determine and enhance the physical, mental, and psychological fitness of prospec ve regular members of the AFP and Republic Act No. 11053 June 29, 2018 the PNP as approved by the Secretary of Na onal Defense and the Na onal Police AN ACT PROHIBITING HAZING AND REGULATING OTHER FORMS OF INITIATION RITES OF Commission, duly recommended by the Chief of Staff of the AFP and the Director General of FRATERNITIES, SORORITIES, AND OTHER ORGANIZATIONS, AND PROVIDING PENALTIES FOR the PNP, shall not be considered as hazing for purposes of this Act: Provided, further, That VIOLATIONS THEREFOF, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 8049, ENTITLED “AN the excep on provided herein shall likewise apply to similar procedures and prac ces ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES, approved by the respec ve head of other uniformed learning ins tu ons as to their SORORITIES AND ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR. prospec ve members, nor shall this provision apply to any customary athle c event or other similar contests or compe ons or any ac vity or conduct that furthers a legal and legi mate objec ve, subject to prior submission of a medical clearance or cer ficate. Section 1. A new sec on to be denominated as Sec on 1 is hereby inserted in Republic Act No. 8043, In no case shall hazing be made a requirement for employment in any business or to read as follows: corpora on.” Sec on 1. Short Title. - This Act shall be known as the “An -Hazing Act of 2018:. Section 4. Sec on 2 of the same Act is hereby amended to read as follows: Section 2. Sec on 1 of the same Act is hereby amended to read as follows: “Sec. 4. Regulation of School-Based Initiation Rites. - Only ini a on rites or Sec on 2. Defini on of Terms - As used in this Act: prac ces that do not cons tute hazing shall be allowed: Provided, That: “(a) Hazing refers to any act that results in physical or psychological suffering, “(a) A wri en applica on to conduct ini a on rites shall be made to the proper harm, or injury inflicted on a recruit, neophyte, applicant, or member as part of an ini a on authori es of the school not later than seven (7) days prior to the scheduled ini a on date; “(b) The wri en applica on shall indicate the place and date of the ini a on rites is conducted during the ini a on rites, and to document the en re proceedings. Therea er, and the names of the recruits, neophytes, or applicants to be ini ated and the manner by said representa ves who were present during the said ini a on shall make a report of the which they will conduct the ini a on rites; ini a on rites to the appropriate officials of the school regarding the conduct of the said “(c) Such wri en applica on shall further contain an undertaking that no harm of ini a on: Provided, That if hazing is s ll commi ed their presence, no liability shall a ach any kind shall be commi ed by anybody during the ini a on rites; to them unless it is proven that they failed to perform an overt act tp prevent os top the “(d) The ini a on rites shall not last more than three (3) days; commission thereof. “(e) The applica on shall contain the names of the incumbent officers of the Section 6. A new sec on to be denominated as Sec on 6 is hereby inserted in the same Act to read fraternity, sorority, or organiza on and any person or persons who will take charge in the as follows: conduct of the ini a on rites; “Sec on 6. Registratio of Fraternities, Sororities, and Other Organizations. - All “(f) The applica on shall be under oath with a declara on that it has been posted exis ng fraterni es, sorori es, and other organiza ons otherwise not created or organized in the official school bulle n board, the bulle n board of the office of the fraternity, by the school but has exis ng members who are students or plans to recruit students to be sorority, or organiza on, and two (2) other conspicuous places in the school or in the its members shall be required to register with the proper school authori es before it premises of the organiza on; and conducts ac vi es whether on or off-campus, including recruitment of members. “(g) The applica on shall be posted from the me of submission of the wri en “A newly established fraternity, sorority, or organiza on in a school shall no ce to the school authori es or head of organiza on and shall only be removed from its immediately register with the proper school authori es during the semester or trimester in pos ng three (3) days a er the conduct of the ini a on rites. which it was established or organized: Provided, That the new fraternity, sorority, or “The school, fraternity, sorority, or organiza on shall provide for their respec ve organiza on has complied with the requirements prescribed by the school in establishing a bulle n boards for purposes of this sec on. fraternity, sorority, or organiza on: Provided, further, That schools shall promulgate their “Guidelines for the approval or denial of the applica on to conduct ini a on rites guidelines in the registra on of fraterni es, sorori es, and organiza ons within their by a registered fraternity, sorority, or organiza on shall be promulgated by the appropriate jurisdic on not later than sixty (60) days from approval of this Act. school officials not later than sixty (60) days a er approval of this Act. The appropriate “Upon registra on, all fraterni es, sorori es, and organiza on shall submit a school authori es shall have the obliga on to disapprove that applica on to conduct comprehensive list of members, which shall be updated not later than thirty (30) days from ini a on rites that do not conform with any of the requirements of this sec on, and the the start of every semester or trimester, depending on the academic calendar of the school. reasons thereof shall be stated clearly and in unequivocal terms in a formal advice to the “School officials shall have the authority to impose, a er due no ce and summary fraternity, sorority, or organiza on concerned, taking into considera on the safety and hearings, disciplinary penal es in accordance with the school’s guidelines and regula ons security of par cipants in the ac vity. on the ma er including suspension to the head and other officers of the fraternity, sorority, “School official shall the authority to impose, a er due no ce and summary or organiza on who fail to register or update their roster of member as required under this hearing, disciplinary sanc ons, in accordance with school’s guidelines and regula ons on sec on. the ma er, which shall include, but shall not be limited to, reprimand, suspension, exclusion “Failure to comply with any of the requirements in this sec on shall result in the or expulsion, to the head and all other officers of the fraternity, sorority, or organiza on cancella on of the registra on of the fraternity, sorority, or organiza on.” which conducts an ini a on without first securing the necessary approval of the school as Section 7. A new sec on to be denominated as Sec on 7 is hereby inserted in the same Act to read required under this sec on. All members of the fraternity, sorority, or organiza on, who as follows: par cipated in the unauthorized ini a on rites, even if no hazing was conducted, shall also “Sec on 7. Faculty Adviser. - Schools shall require all fraterni es, sorori es, and be punished accordingly. organiza ons, as a condi on to the grant of accredita on or registra on, to submit the “In case the wri en applica on for the conduct of ini a on rites contains false or name or names of their respec ve faculty adviser or advisers who must not be members of inaccurate informa on, appropriate disciplinary sanc ons in accordance with the school’s the respec ve fraternity, sorority, or organiza on. The submission shall also include a guidelines and regula ons on the ma er ranging from reprimand to expulsion shall be wri en acceptance or consent on the part of the selected faculty adviser or advisers. imposed, a er due no ce and summary hearing, against the person who prepared the “The faculty adviser or advisers shall be responsible for monitoring the ac vi es of applica on or supplied the false and inaccurate informa on and to the head and other the fraternity, sorority, or organiza on. Each faculty adviser must be a duly recognized officers of the fraternity, sorority, or organiza on concerned.” ac ve member, in good standing, of the faculty at the school in which the fraternity, Section 5. Sec on 3 of the same Aact is hereby amended to read as follows: sorority, or organiza on is established or registered. “Sec on 5. Monitoring of Initiation Rites - The head of the school or an autorized “In case a viola on of any of the provisions of this Act, it is presumed that the representa ve must assign at least two (2) represenata ves of the school to be present faculty adviser has knowledge and consented to the commission of any of the unlawful acts during the ini a on. It is the dduty of the school representa ves to see to it that no hazing stated therein.” ……. (e) Sex Tourism - refers to a program organized by travel and tourism-related establishments and individuals which consists of tourism packages or ac vi es, u lizing and offering escort and sexual Republic Act No. 9208 May 26, 2003 services as en cement for tourists. This includes sexual services and prac ces offered during rest AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN and recrea on periods for members of the military. AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE (f) Sexual Exploitation - refers to par cipa on by a person in pros tu on or the produc on of PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS pornographic materials as a result of being subjected to a threat, decep on, coercion, abduc on, VIOLATIONS, AND FOR OTHER force, abuse of authority, debt bondage, fraud or through abuse of a vic m's vulnerability. Section 1. Title. This Act shall be known as the "Anti-Trafficking in Persons Act of 2003". (g) Debt Bondage - refers to the pledging by the debtor of his/her personal services or labor or those Section 2. Declaration of Policy. – It is hereby declared that the State values the dignity of every of a person under his/her control as security or payment for a debt, when the length and nature of human person and guarantees the respect of individual rights. In pursuit of this policy, the State shall services is not clearly defined or when the value of the services as reasonably assessed is not applied give highest priority to the enactment of measures and development of programs that will promote toward the liquida on of the debt. human dignity, protect the people from any threat of violence and exploita on, eliminate trafficking (h) Pornography - refers to any representa on, through publica on, exhibi on, cinematography, in persons, and mi gate pressures for involuntary migra on and servitude of persons, not only to indecent shows, informa on technology, or by whatever means, of a person engaged in real or support trafficked persons but more importantly, to ensure their recovery, rehabilita on and simulated explicit sexual ac vi es or any representa on of the sexual parts of a person for primarily reintegra on into the mainstream of society. sexual purposes. It shall be a State policy to recognize the equal rights and inherent human dignity of women and (i) Council - shall mean the Inter-Agency Council Against Trafficking created under Sec on 20 of this men as enshrined in the United Na ons Universal Declara on on Human Rights, United Na ons Act. Conven on on the Rights of the Child, United Na ons Conven on on the Protec on of Migrant Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to Workers and their Families. United Na ons Conven on Against Transna onal Organized Crime commit any of the following acts: Including its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and (a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those Children and all other relevant and universally accepted human rights instruments and other done under the pretext of domes c or overseas employment or training or appren ceship, for the interna onal conven ons to which the Philippines is a signatory. purpose of pros tu on, pornography, sexual exploita on, forced labor, slavery, involuntary servitude Section 3. Definition of Terms. - As used in this Act: or debt bondage; (a) Trafficking in Persons - refers to the recruitment, transporta on, transfer or harboring, or receipt (b) To introduce or match for money, profit, or material, economic or other considera on, any of persons with or without the vic m's consent or knowledge, within or across na onal borders by person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign na onal, for means of threat or use of force, or other forms of coercion, abduc on, fraud, decep on, abuse of marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in power or of posi on, taking advantage of the vulnerability of the person, or, the giving or receiving pros tu on, pornography, sexual exploita on, forced labor, slavery, involuntary servitude or debt of payments or benefits to achieve the consent of a person having control over another person for bondage; the purpose of exploita on which includes at a minimum, the exploita on or the pros tu on of (c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, others or other forms of sexual exploita on, forced labor or services, slavery, servitude or the selling, or trading them to engage in pros tu on, pornography, sexual exploita on, forced labor or removal or sale of organs. slavery, involuntary servitude or debt bondage; The recruitment, transporta on, transfer, harboring or receipt of a child for the purpose of (d) To undertake or organize tours and travel plans consis ng of tourism packages or ac vi es for the exploita on shall also be considered as "trafficking in persons" even if it does not involve any of the purpose of u lizing and offering persons for pros tu on, pornography or sexual exploita on; means set forth in the preceding paragraph. (e) To maintain or hire a person to engage in pros tu on or pornography; (b) Child - refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is (f) To adopt or facilitate the adop on of persons for the purpose of pros tu on, pornography, sexual unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploita on, or exploita on, forced labor, slavery, involuntary servitude or debt bondage; discrimina on because of a physical or mental disability or condi on. (g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, (c) Prostitution - refers to any act, transac on, scheme or design involving the use of a person by deceit, violence, coercion, or in mida on for the purpose of removal or sale of organs of said another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other person; and considera on. (h) To recruit, transport or adopt a child to engage in armed ac vi es in the Philippines or abroad. (d) Forced Labor and Slavery - refer to the extrac on of work or services from any person by means Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate of en cement, violence, in mida on or threat, use of force or coercion, including depriva on of trafficking in persons, shall be unlawful: freedom, abuse of authority or moral ascendancy, debt-bondage or decep on. (a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promo ng trafficking in persons; (b) To produce, print and issue or distribute unissued, tampered or fake counseling cer ficates, trafficked person or of the accused, or any other informa on tending to establish their iden es and registra on s ckers and cer ficates of any government agency which issues these cer ficates and such circumstances or informa on shall not be disclosed to the public. s ckers as proof of compliance with government regulatory and pre-departure requirements for the In cases when prosecu on or trial is conducted behind closed-doors, it shall be unlawful for any purpose of promo ng trafficking in persons; editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in (c) To adver se, publish, print, broadcast or distribute, or cause the adver sement, publica on, case of television and radio, producer and director of a film in case of the movie industry, or any prin ng, broadcas ng or distribu on by any means, including the use of informa on technology and person u lizing tri-media facili es or informa on technology to cause publicity of any case of the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in persons; trafficking in persons. (d) To assist in the conduct of misrepresenta on or fraud for purposes of facilita ng the acquisi on Section 8. Prosecution of Cases. - Any person who has personal knowledge of the commission of any of clearances and necessary exit documents from government agencies that are mandated to offense under this Act, the trafficked person, the parents, spouse, siblings, children or legal guardian provide pre-departure registra on and services for depar ng persons for the purpose of promo ng may file a complaint for trafficking. trafficking in persons; Section 9. Venue. - A criminal ac on arising from viola on of this Act shall be filed where the offense (e) To facilitate, assist or help in the exit and entry of persons from/to the country at interna onal was commi ed, or where any of its elements occurred, or where the trafficked person actually and local airports, territorial boundaries and seaports who are in possession of unissued, tampered resides at the me of the commission of the offense: Provided, That the court where the criminal or fraudulent travel documents for the purpose of promo ng trafficking in persons; ac on is first filed shall acquire jurisdic on to the exclusion of other courts. (f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or Section 10. Penalties and Sanctions. - The following penal es and sanc ons are hereby established belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the for the offenses enumerated in this Act: country or seeking redress from the government or appropriate agencies; and (a) Any person found guilty of commi ng any of the acts enumerated in Sec on 4 shall suffer the (g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a penalty of imprisonment of twenty (20) years and a fine of not less than One million pesos person held to a condi on of involuntary servitude, forced labor, or slavery. (P1,000,000.00) but not more than Two million pesos (P2,000,000.00); Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking: (b) Any person found guilty of commi ng any of the acts enumerated in Sec on 5 shall suffer the (a) When the trafficked person is a child; penalty of imprisonment of fi een (15) years and a fine of not less than Five hundred thousand (b) When the adop on is effected through Republic Act No. 8043, otherwise known as the pesos (P500,000.00) but not more than One million pesos (P1,000,000.00); "Inter-Country Adop on Act of 1995" and said adop on is for the purpose of pros tu on, (c) Any person found guilty of qualified trafficking under Sec on 6 shall suffer the penalty of life pornography, sexual exploita on, forced labor, slavery, involuntary servitude or debt bondage; imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five (c) When the crime is commi ed by a syndicate, or in large scale. Trafficking is deemed commi ed by million pesos (P5,000,000.00); a syndicate if carried out by a group of three (3) or more persons conspiring or confedera ng with (d) Any person who violates Sec on 7 hereof shall suffer the penalty of imprisonment of six (6) years one another. It is deemed commi ed in large scale if commi ed against three (3) or more persons, and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One individually or as a group; million pesos (P1,000,000.00); (d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority (e) If the offender is a corpora on, partnership, associa on, club, establishment or any juridical over the trafficked person or when the offense is commi ed by a public officer or employee; person, the penalty shall be imposed upon the owner, president, partner, manager, and/or any (e) When the trafficked person is recruited to engage in pros tu on with any member of the military responsible officer who par cipated in the commission of the crime or who shall have knowingly or law enforcement agencies; permi ed or failed to prevent its commission; (f) When the offender is a member of the military or law enforcement agencies; and (f) The registra on with the Securi es and Exchange Commission (SEC) and license to operate of the (g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, erring agency, corpora on, associa on, religious group, tour or travel agent, club or establishment, becomes insane, suffers mu la on or is afflicted with Human Immunodeficiency Virus (HIV) or the or any place of entertainment shall be cancelled and revoked permanently. The owner, president, Acquired Immune Deficiency Syndrome (AIDS). partner or manager thereof shall not be allowed to operate similar establishments in a different Section 6. Confidentiality. - At any stage of the inves ga on, prosecu on and trial of an offense name; under this Act, law enforcement officers, prosecutors, judges, court personnel and medical (g) If the offender is a foreigner, he shall be immediately deported a er serving his sentence and be prac oners, as well as par es to the case, shall recognize the right to privacy of the trafficked barred permanently from entering the country; person and the accused. Towards this end, law enforcement officers, prosecutors and judges to (h) Any employee or official of government agencies who shall issue or approve the issuance of whom the complaint has been referred may, whenever necessary to ensure a fair and impar al travel exit clearances, passports, registra on cer ficates, counseling cer ficates, marriage license, proceeding, and a er considering all circumstances for the best interest of the par es, order a and other similar documents to persons, whether juridical or natural, recruitment agencies, closed-door inves ga on, prosecu on or trial. The name and personal circumstances of the establishments or other individuals or groups, who fail to observe the prescribed procedures and the requirement as provided for by laws, rules and regula ons, shall be held administra vely liable, without prejudice to criminal liability under this Act. The concerned government official or employee (d) Sponsorship of conferences and seminars to provide venue for consensus building amongst the shall, upon convic on, be dismissed from the service and be barred permanently to hold public public, the academe, government, NGOs and interna onal organiza ons; and office. His/her re rement and other benefits shall likewise be forfeited; and (e) Promo on of informa on and educa on campaign on trafficking. (i) Convic on by final judgment of the adopter for any offense under this Act shall result in the Section 16. Programs that Address Trafficking in Persons. - The government shall establish and immediate rescission of the decree of adop on. implement preven ve, protec ve and rehabilita ve programs for trafficked persons. For this Section 11. Use of Trafficked Persons. - Any person who buys or engages the services of trafficked purpose, the following agencies are hereby mandated to implement the following programs; persons for pros tu on shall be penalized as follows: (a) Department of Foreign Affairs (DFA) - shall make available its resources and facili es overseas for (a) First offense - six (6) months of community service as may be determined by the court and a fine trafficked persons regardless of their manner of entry to the receiving country, and explore means to of Fi y thousand pesos (P50,000.00); and further enhance its assistance in elimina ng trafficking ac vi es through closer networking with (b) Second and subsequent offenses - imprisonment of one (1) year and a fine of One hundred government agencies in the country and overseas, par cularly in the formula on of policies and thousand pesos (P100,000.00). implementa on of relevant programs. Section 12. Prescriptive Period. - Trafficking cases under this Act shall prescribe in ten (10) years: The DFA shall take necessary measures for the efficient implementa on of the Machine Readable Provided, however, That trafficking cases commi ed by a syndicate or in a large scale as defined Passports to protect the integrity of Philippine passports, visas and other travel documents to reduce under Sec on 6 shall prescribe in twenty (20) years. the incidence of trafficking through the use of fraudulent iden fica on documents. The prescrip ve period shall commence to run from the day on which the trafficked person is It shall establish and implement a pre-marriage, on-site and pre-departure counseling program on delivered or released from the condi ons of bondage and shall be interrupted by the filing of the intermarriages. complaint or informa on and shall commence to run again when such proceedings terminate (b) Department of Social Welfare and Development (DSWD) - shall implement rehabilita ve and without the accused being convicted or acqui ed or are unjus fiably stopped for any reason not protec ve programs for trafficked persons. It shall provide counseling and temporary shelter to imputable to the accused. trafficked persons and develop a system for accredita on among NGOs for purposes of establishing Section 13. Exemption from Filing Fees. - When the trafficked person ins tutes a separate civil ac on centers and programs for interven on in various levels of the community. for the recovery of civil damages, he/she shall be exempt from the payment of filing fees. (c) Department of Labor and Employment (DOLE) - shall ensure the strict implementa on and Section 14. Confiscation and Forfeiture of the Proceeds and Instruments Derived from Trafficking in compliance with the rules and guidelines rela ve to the employment of persons locally and Persons. - In addi on to the penalty imposed for the viola on of this Act, the court shall order the overseas. It shall likewise monitor, document and report cases of trafficking in persons involving confisca on and forfeiture, in favor of the government, of all the proceeds and proper es derived employers and labor recruiters. from the commission of the crime, unless they are the property of a third person not liable for the (d) Department of Jus ce (DOJ) - shall ensure the prosecu on of persons accused of trafficking and unlawful act; Provided, however, That all awards for damages shall be taken from the personal and designate and train special prosecutors who shall handle and prosecute cases of trafficking. It shall separate proper es of the offender; Provided, further, That if such proper es are insufficient, the also establish a mechanism for free legal assistance for trafficked persons, in coordina on with the balance shall be taken from the confiscated and forfeited proper es. DSWD, Integrated Bar of the Philippines (IBP) and other NGOs and volunteer groups. When the proceeds, proper es and instruments of the offense have been destroyed, diminished in (e) Na onal Commission on the Role of Filipino Women (NCRFW) - shall ac vely par cipate and value or otherwise rendered worthless by any act or omission, directly or indirectly, of the offender, coordinate in the formula on and monitoring of policies addressing the issue of trafficking in or it has been concealed, removed, converted or transferred to prevent the same from being found persons in coordina on with relevant government agencies. It shall likewise advocate for the or to avoid forfeiture or confisca on, the offender shall be ordered to pay the amount equal to the inclusion of the issue of trafficking in persons in both its local and interna onal advocacy for value of the proceeds, property or instruments of the offense. women's issues. Section 15. Trust Fund. - All fines imposed under this Act and the proceeds and proper es forfeited (f) Bureau of Immigra on (BI) - shall strictly administer and enforce immigra on and alien and confiscated pursuant to Sec on 14 hereof shall accrue to a Trust Fund to be administered and administra on laws. It shall adopt measures for the apprehension of suspected traffickers both at managed by the Council to be used exclusively for programs that will prevent acts of trafficking and the place of arrival and departure and shall ensure compliance by the Filipino fiancés/fiancées and protect, rehabilitate, reintegrate trafficked persons into the mainstream of society. Such programs spouses of foreign na onals with the guidance and counseling requirement as provided for in this shall include, but not limited to, the following: Act. (a) Provision for mandatory services set forth in Sec on 23 of this Act; (g) Philippine Na onal Police (PNP) - shall be the primary law enforcement agency to undertake (b) Sponsorship of a na onal research program on trafficking and establishment of a data collec on surveillance, inves ga on and arrest of individuals or persons suspected to be engaged in trafficking. system for monitoring and evalua on purposes; It shall closely coordinate with various law enforcement agencies to secure concerted efforts for (c) Provision of necessary technical and material support services to appropriate government effec ve inves ga on and apprehension of suspected traffickers. It shall also establish a system to agencies and non-government organiza ons (NGOs); receive complaints and calls to assist trafficked persons and conduct rescue opera ons. (h) Philippine Overseas Employment Administra on (POEA) - shall implement an effec ve representa ves shall be nominated by the government agency representa ves of the Council, for pre-employment orienta on seminars and pre-departure counseling programs to applicants for appointment by the President for a term of three (3) years. overseas employment. It shall likewise formulate a system of providing free legal assistance to The members of the Council may designate their permanent representa ves who shall have a rank trafficked persons. not lower than an assistant secretary or its equivalent to mee ngs, and shall receive emoluments as (i) Department of the Interior and Local Government (DILG) - shall ins tute a systema c informa on may be determined by the Council in accordance with exis ng budget and accoun ng, rules and and preven on campaign and likewise maintain a databank for the effec ve monitoring, regula ons. documenta on and prosecu on of cases on trafficking in persons. Section 21. Functions of the Council. - The Council shall have the following powers and func ons: (j) Local government units (LGUs) - shall monitor and document cases of trafficking in persons in (a) Formulate a comprehensive and integrated program to prevent and suppress the trafficking in their areas of jurisdic on, effect the cancella on of licenses of establishments which violate the persons; provisions of this Act and ensure effec ve prosecu on of such cases. They shall also undertake an (b) Promulgate rules and regula ons as may be necessary for the effec ve implementa on of this informa on campaign against trafficking in persons through the establishment of the Migrants Act; Advisory and Informa on Network (MAIN) desks in municipali es or provinces in coordina on with (c) Monitor and oversee the strict implementa on of this Act; DILG, Philippine Informa on Agency (PIA), Commission on Filipinos Overseas (CFO), NGOs and other (d) Coordinate the programs and projects of the various member agencies to effec vely address the concerned agencies. They shall encourage and support community based ini a ves which address issues and problems a endant to trafficking in persons; the trafficking in persons. (e) Coordinate the conduct of massive informa on dissemina on and campaign on the existence of In implemen ng this Act, the agencies concerned may seek and enlist the assistance of NGOs, the law and the various issues and problems a endant to trafficking through the LGUs, concerned people's organiza ons (Pos), civic organiza ons and other volunteer groups. agencies, and NGOs; Section 17. Legal Protection to Trafficked Persons. - Trafficked persons shall be recognized as vic ms (f) Direct other agencies to immediately respond to the problems brought to their a en on and of the act or acts of trafficking and as such shall not be penalized for crimes directly related to the report to the Council on ac on taken; acts of trafficking enumerated in this Act or in obedience to the order made by the trafficker in (g) Assist in filing of cases against individuals, agencies, ins tu ons or establishments that violate the rela on thereto. In this regard, the consent of a trafficked person to the intended exploita on set provisions of this Act; forth in this Act shall be irrelevant. (h) Formulate a program for the reintegra on of trafficked persons in coopera on with DOLE, DSWD, Section 18. Preferential Entitlement Under the Witness Protection Program. - Any provision of Technical Educa on and Skills Development Authority (TESDA), Commission on Higher Educa on Republic Act No. 6981 to the contrary notwithstanding, any trafficked person shall be en tled to the (CHED), LGUs and NGOs; witness protec on program provided therein. (i) Secure from any department, bureau, office, agency, or instrumentality of the government or Section 19. Trafficked Persons Who are Foreign Nationals. - Subject to the guidelines issued by the from NGOs and other civic organiza ons such assistance as may be needed to effec vely implement Council, trafficked persons in the Philippines who are na onals of a foreign country shall also be this Act; en tled to appropriate protec on, assistance and services available to trafficked persons under this (j) Complement the shared government informa on system for migra on established under Republic Act: Provided, That they shall be permi ed con nued presence in the Philippines for a length of me Act No. 8042, otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995" with prescribed by the Council as necessary to effect the prosecu on of offenders. data on cases of trafficking in persons, and ensure that the proper agencies conduct a con nuing Section 20. Inter-Agency Council Against Trafficking. - There is hereby established an Inter-Agency research and study on the pa erns and scheme of trafficking in persons which shall form the basis Council Against Trafficking, to be composed of the Secretary of the Department of Jus ce as for policy formula on and program direc on; Chairperson and the Secretary of the Department of Social Welfare and Development as (k) Develop the mechanism to ensure the mely, coordinated, and effec ve response to cases of Co-Chairperson and shall have the following as members: trafficking in persons; (a) Secretary, Department of Foreign Affairs; (l) Recommend measures to enhance coopera ve efforts and mutual assistance among foreign (b) Secretary, Department of Labor and Employment; countries through bilateral and/or mul lateral arrangements to prevent and suppress interna onal (c) Administrator, Philippine Overseas Employment Administra on; trafficking in persons; (d) Commissioner, Bureau of Immigra on; (m) Coordinate with the Department of Transporta on and Communica ons (DOTC), Department of (e) Director-General, Philippine Na onal Police; Trade and Industry (DTI), and other NGOs in monitoring the promo on of adver sement of (f) Chairperson, Na onal Commission on the Role of Filipino Women; and trafficking in the internet; (g) Three (3) representa ves from NGOs, who shall be composed of one (1) representa ve each from (n) Adopt measures and policies to protect the rights and needs of trafficked persons who are among the sectors represen ng women, overseas Filipino workers (OFWs) and children, with a foreign na onals in the Philippines; proven record of involvement in the preven on and suppression of trafficking in persons. These (o) Ini ate training programs in iden fying and providing the necessary interven on or assistance to trafficked persons; and (p) Exercise all the powers and perform such other func ons necessary to a ain the purposes and Section 30. Non-restriction of Freedom of Speech and of Association, Religion and the Right to objec ves of this Act. Travel. - Nothing in this Act shall be interpreted as a restric on of the freedom of speech and of Section 22. Secretariat to the Council. - The Department of Jus ce shall establish the necessary associa on, religion and the right to travel for purposes not contrary to law as guaranteed by the Secretariat for the Council. Cons tu on. Section 23. Mandatory Services to Trafficked Persons. - To ensure recovery, rehabilita on and Section 31. Separability Clause. - If, for any reason, any sec on or provision of this Act is held reintegra on into the mainstream of society, concerned government agencies shall make available uncons tu onal or invalid, the other sec ons or provisions hereof shall not be affected thereby. the following services to trafficked persons: Section 32. Repealing clause. - All laws, presiden al decrees, execu ve orders and rules and (a) Emergency shelter or appropriate housing; regula ons, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or (b) Counseling; modified accordingly: Provided, That this Act shall not in any way amend or repeal the provision of (c) Free legal services which shall include informa on about the vic ms' rights and the procedure for Republic Act No. 7610, otherwise known as the "Special Protec on of Children Against Child Abuse, filing complaints, claiming compensa on and such other legal remedies available to them, in a Exploita on and Discrimina on Act". language understood by the trafficked person; Section 33. Effectivity. - This Act shall take effect fi een (15) days from the date of its complete (d) Medical or psychological services; publica on in at least two (2) newspapers of general circula on. (e) Livelihood and skills training; and REPUBLIC ACT No. 10364 (f) Educa onal assistance to a trafficked child. AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED "AN ACT TO INSTITUTE POLICIES TO Sustained supervision and follow through mechanism that will track the progress of recovery, ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE rehabilita on and reintegra on of the trafficked persons shall be adopted and carried out. NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF Section 24. Other Services for Trafficked Persons. - TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS AND FOR OTHER (a) Legal Assistance. - Trafficked persons shall be considered under the category "Overseas Filipino in PURPOSES" Distress" and may avail of the legal assistance created by Republic Act No. 8042, subject to the guidelines as provided by law. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: (b) Overseas Filipino Resource Centers. - The services available to overseas Filipinos as provided for Section 1. Short Title. – This Act shall be known as the "Expanded An -Trafficking in Persons Act of by Republic Act No. 8042 shall also be extended to trafficked persons regardless of their immigra on 2012ʺ. status in the host country. Section 2. Sec on 2 of Republic Act No. 9208 is hereby amended to read as follows: (c) The Country Team Approach. - The country team approach under Execu ve Order No. 74 of 1993, "SEC. 2. Declaration of Policy. – It is hereby declared that the State values the dignity of every human shall be the opera onal scheme under which Philippine embassies abroad shall provide protec on person and guarantees the respect of individual rights. In pursuit of this policy, the State shall give to trafficked persons insofar as the promo on of their welfare, dignity and fundamental rights are highest priority to the enactment of measures and development of programs that will promote concerned. human dignity, protect the people from any threat of violence and exploita on, eliminate trafficking Section 25. Repatriation of Trafficked Persons. - The DFA, in coordina on with DOLE and other in persons, and mi gate pressures for involuntary migra on and servitude of persons, not only to appropriate agencies, shall have the primary responsibility for the repatria on of trafficked persons, support trafficked persons but more importantly, to ensure their recovery, rehabilita on and regardless of whether they are documented or undocumented. reintegra on into the mainstream of society. If, however, the repatria on of the trafficked persons shall expose the vic ms to greater risks, the "It shall be a State policy to recognize the equal rights and inherent human dignity of women and DFA shall make representa on with the host government for the extension of appropriate residency men as enshrined in the United Na ons Universal Declara on on Human Rights, United Na ons permits and protec on, as may be legally permissible in the host country. Conven on on the Elimina on of All Forms of Discrimina on Against Women, United Na ons Section 26. Extradition. - The DOJ, in consulta on with DFA, shall endeavor to include offenses of Conven on on the Rights of the Child, United Na ons Conven on on the Protec on of Migrant trafficking in persons among extraditable offenses. Workers and their Families, United Na ons Conven on Against Transna onal Organized Crime Section 27. Reporting Requirements. - The Council shall submit to the President of the Philippines Including its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and and to Congress an annual report of the policies, programs and ac vi es rela ve to the Children and all other relevant and universally accepted human rights instruments and other implementa on of this Act. interna onal conven ons to which the Philippines is a signatory." Section 28. Funding. - The heads of the departments and agencies concerned shall immediately Section 3. Sec on 3 of Republic Act No. 9208 is hereby amended to read as follows: include in their programs and issue such rules and regula ons to implement the provisions of this "SEC. 3. Definition of Terms. – As used in this Act: Act, the funding of which shall be included in the annual General Appropria ons Act. "(a) Trafficking in Persons – refers to the recruitment, obtaining, hiring, providing, offering, Section 29. Implementing Rules and Regulations. - The Council shall promulgate the necessary transporta on, transfer, maintaining, harboring, or receipt of persons with or without the vic m’s implemen ng rules and regula ons within sixty (60) days from the effec vity of this Act. consent or knowledge, within or across na onal borders by means of threat, or use of force, or other forms of coercion, abduc on, fraud, decep on, abuse of power or of posi on, taking advantage of simulated explicit sexual ac vi es or any representa on of the sexual parts of a person for primarily the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the sexual purposes. consent of a person having control over another person for the purpose of exploita on which "(k) Council – shall mean the Inter-Agency Council Against Trafficking created under Sec on 20 of this includes at a minimum, the exploita on or the pros tu on of others or other forms of sexual Act." exploita on, forced labor or services, slavery, servitude or the removal or sale of organs. Section 4. Sec on 4 of Republic Act No. 9208 is hereby amended to read as follows: "The recruitment, transporta on, transfer, harboring, adop on or receipt of a child for the purpose "SEC. 4. Acts of Trafficking in Persons. – It shall be unlawful for any person, natural or juridical, to of exploita on or when the adop on is induced by any form of considera on for exploita ve commit any of the following acts: purposes shall also be considered as ‘trafficking in persons’ even if it does not involve any of the "(a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor, or receive a person means set forth in the preceding paragraph. by any means, including those done under the pretext of domes c or overseas employment or "(b) Child – refers to a person below eighteen (18) years of age or one who is over eighteen (18) but training or appren ceship, for the purpose of pros tu on, pornography, or sexual exploita on; is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploita on, or "(b) To introduce or match for money, profit, or material, economic or other considera on, any discrimina on because of a physical or mental disability or condi on. person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign na onal, for "(c) Prostitution – refers to any act, transac on, scheme or design involving the use of a person by marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other pros tu on, pornography, sexual exploita on, forced labor, slavery, involuntary servitude or debt considera on. bondage; "(d) Forced Labor – refers to the extrac on of work or services from any person by means of "(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, en cement, violence, in mida on or threat, use of, force or coercion, including depriva on of selling, or trading them to engage in pros tu on, pornography, sexual exploita on, forced labor or freedom, abuse of authority or moral ascendancy, debt-bondage or decep on including any work or slavery, involuntary servitude or debt bondage; service extracted from any person under the menace of penalty. "(d) To undertake or organize tours and travel plans consis ng of tourism packages or ac vi es for "(e) Slavery – refers to the status or condi on of a person over whom any or all of the powers the purpose of u lizing and offering persons for pros tu on, pornography or sexual exploita on; a aching to the right of ownership are exercised. "(e) To maintain or hire a person to engage in pros tu on or pornography; "(f) Involuntary Servitude – refers to a condi on of enforced and compulsory service induced by "(f) To adopt persons by any form of considera on for exploita ve purposes or to facilitate the same means of any scheme, plan or pa ern, intended to cause a person to believe that if he or she did not for purposes of pros tu on, pornography, sexual exploita on, forced labor, slavery, involuntary enter into or con nue in such condi on, he or she or another person would suffer serious harm or servitude or debt bondage; other forms of abuse or physical restraint, or threat of abuse or harm, or coercion including "(g) To adopt or facilitate the adop on of persons for the purpose of pros tu on, pornography, depriving access to travel documents and withholding salaries, or the abuse or threatened abuse of sexual exploita on, forced labor, slavery, involuntary servitude or debt bondage; the legal process. "(h) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, provide, offer, receive or "(g) Sex Tourism – refers to a program organized by travel and tourism-related establishments and abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or in mida on individuals which consists of tourism packages or ac vi es, u lizing and offering escort and sexual for the purpose of removal or sale of organs of said person; services as en cement for tourists. This includes sexual services and prac ces offered during rest "(i) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive or adopt a and recrea on periods for members of the military. child to engage in armed ac vi es in the Philippines or abroad; "(h) Sexual Exploitation – refers to par cipa on by a person in pros tu on, pornography or the "(j) To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide or receive a person by produc on of pornography, in exchange for money, profit or any other considera on or where the means defined in Sec on 3 of this Act for purposes of forced labor, slavery, debt bondage and par cipa on is caused or facilitated by any means of in mida on or threat, use of force, or other involuntary servitude, including a scheme, plan, or pa ern intended to cause the person either: forms of coercion, abduc on, fraud, decep on, debt bondage, abuse of power or of posi on or of "(1) To believe that if the person did not perform such labor or services, he or she or another person legal process, taking advantage of the vulnerability of the person, or giving or receiving of payments would suffer serious harm or physical restraint; or or benefits to achieve the consent of a person having control over another person; or in sexual "(2) To abuse or threaten the use of law or the legal processes; and intercourse or lascivious conduct caused or facilitated by any means as provided in this Act. "(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide, adopt or receive a "(i) Debt Bondage – refers to the pledging by the debtor of his/her personal services or labor or child for purposes of exploita on or trading them, including but not limited to, the act of baring those of a person under his/her control as security or payment for a debt, when the length and and/or selling a child for any considera on or for barter for purposes of exploita on. Trafficking for nature of services is not clearly defined or when the value of the services as reasonably assessed is purposes of exploita on of children shall include: not applied toward the liquida on of the debt. "(1) All forms of slavery or prac ces similar to slavery, involuntary servitude, debt bondage and "(j) Pornography – refers to any representa on, through publica on, exhibi on, cinematography, forced labor, including recruitment of children for use in armed conflict; indecent shows, informa on technology, or by whatever means, of a person engaged in real or "(2) The use, procuring or offering of a child for pros tu on, for the produc on of pornography, or "(a) xxx for pornographic performances; "(b) To produce, print and issue or distribute unissued, tampered or fake counseling cer ficates, "(3) The use, procuring or offering of a child for the produc on and trafficking of drugs; and registra on s ckers, overseas employment cer ficates or other cer ficates of any government "(4) The use, procuring or offering of a child for illegal ac vi es or work which, by its nature or the agency which issues these cer ficates, decals and such other markers as proof of compliance with circumstances in which it is carried out, is likely to harm their health, safety or morals; and government regulatory and pre-departure requirements for the purpose of promo ng trafficking in "(l) To organize or direct other persons to commit the offenses defined as acts of trafficking under persons; this Act." "(c) xxx Section 5. A new Sec on 4-A is hereby inserted in Republic Act No. 9208, to read as follows: "(d) xxx "SEC. 4-A. Attempted Trafficking in Persons. – Where there are acts to ini ate the commission of a "(e) xxx trafficking offense but the offender failed to or did not execute all the elements of the crime, by "(f) xxx accident or by reason of some cause other than voluntary desistance, such overt acts shall be "(g) xxx deemed as an a empt to commit an act of trafficking in persons. As such, an a empt to commit any "(h) To tamper with, destroy, or cause the destruc on of evidence, or to influence or a empt to of the offenses enumerated in Sec on 4 of this Act shall cons tute a empted trafficking in persons. influence witnesses, in an inves ga on or prosecu on of a case under this Act; "In cases where the vic m is a child, any of the following acts shall also be deemed as a empted "(i) To destroy, conceal, remove, confiscate or possess, or a empt to destroy, conceal, remove, trafficking in persons: confiscate or possess, any actual or purported passport or other travel, immigra on or working "(a) Facilita ng the travel of a child who travels alone to a foreign country or territory without valid permit or document, or any other actual or purported government iden fica on, of any person in reason therefor and without the required clearance or permit from the Department of Social order to prevent or restrict, or a empt to prevent or restrict, without lawful authority, the person’s Welfare and Development, or a wri en permit or jus fica on from the child’s parent or legal liberty to move or travel in order to maintain the labor or services of that person; or guardian; "(j) To u lize his or her office to impede the inves ga on, prosecu on or execu on of lawful orders "(b) Execu ng, for a considera on, an affidavit of consent or a wri en consent for adop on; in a case under this Act." "(c) Recrui ng a woman to bear a child for the purpose of selling the child; Section 9. Sec on 6 of Republic Act No. 9208 is hereby amended to read as follows: "(d) Simula ng a birth for the purpose of selling the child; and "SEC. 6. Qualified Trafficking in Persons. – Viola ons of Sec on 4 of this Act shall be considered as "(e) Solici ng a child and acquiring the custody thereof through any means from among hospitals, qualified trafficking: clinics, nurseries, daycare centers, refugee or evacua on centers, and low-income families, for the "x x x purpose of selling the child." "(d) When the offender is a spouse, an ascendant, parent, sibling, guardian or a person who Section 6. A new Sec on 4-B is hereby inserted in Republic Act No. 9208, to read as follows: exercises authority over the trafficked person or when the offense is commi ed by a public officer or "SEC. 4-B. Accomplice Liability. – Whoever knowingly aids, abets, cooperates in the execu on of the employee; offense by previous or simultaneous acts defined in this Act shall be punished in accordance with the "x x x provisions of Sec on 10(c) of this Act." "(f) When the offender is a member of the military or law enforcement agencies; Section 7. A new Sec on 4-C is hereby inserted in Republic Act No. 9208, to read as follows: "(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, "SEC. 4-C. Accessories. – Whoever has the knowledge of the commission of the crime, and without becomes insane, suffers mu la on or is afflicted with Human Immunodeficiency Virus (HIV) or the having par cipated therein, either as principal or as accomplices, take part in its commission in any Acquired Immune Deficiency Syndrome (AIDS); of the following manners: "(h) When the offender commits one or more viola ons of Sec on 4 over a period of sixty (60) or "(a) By profi ng themselves or assis ng the offender to profit by the effects of the crime; more days, whether those days are con nuous or not; and "(b) By concealing or destroying the body of the crime or effects or instruments thereof, in order to "(i) When the offender directs or through another manages the trafficking vic m in carrying out the prevent its discovery; exploita ve purpose of trafficking." "(c) By harboring, concealing or assis ng in the escape of the principal of the crime, provided the Section 10. Sec on 7 of Republic Act No. 9208 is hereby amended to read as follows: accessory acts with abuse of his or her public func ons or is known to be habitually guilty of some "SEC. 7. Confidentiality. – At any stage of the inves ga on, rescue, prosecu on and trial of an other crime. offense under this Act, law enforcement officers, prosecutors, judges, court personnel, social "Acts defined in this provision shall be punished in accordance with the provision of Sec on 10(d) as workers and medical prac oners, as well as par es to the case, shall protect the right to privacy of stated thereto." the trafficked person. Towards this end, law enforcement officers, prosecutors and judges to whom Section 8. Sec on 5 of Republic Act No. 9208 is hereby amended to read as follows: the complaint has been referred may, whenever necessary to ensure a fair and impar al proceeding, "SEC. 5. Acts that Promote Trafficking in Persons. – The following acts which promote or facilitate and a er considering all circumstances for the best interest of the par es, order a closed-door trafficking in persons, shall be unlawful: inves ga on, prosecu on or trial. The name and personal circumstances of the trafficked person or any other informa on tending to establish the iden ty of the trafficked person and his or her family "(e) Any person found guilty of qualified trafficking under Sec on 6 shall suffer the penalty of life shall not be disclosed to the public. imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five "It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, million pesos (P5,000,000.00); announcer or producer in case of television and radio, producer and director of a film in case of the "(f) Any person who violates Sec on 7 hereof shall suffer the penalty of imprisonment of six (6) years movie industry, or any person u lizing tri-media facili es or electronic informa on technology to and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One cause publicity of the name, personal circumstances, or any informa on tending to establish the million pesos (P1,000,000.00); iden ty of the trafficked person except when the trafficked person in a wri en statement duly "(g) If the offender is a corpora on, partnership, associa on, club, establishment or any juridical notarized knowingly, voluntarily and willingly waives said confiden ality. person, the penalty shall be imposed upon the owner, president, partner, manager, and/or any "Law enforcement officers, prosecutors, judges, court personnel, social workers and medical responsible officer who par cipated in the commission of the crime or who shall have knowingly prac oners shall be trained on the importance of maintaining confiden ality as a means to protect permi ed or failed to prevent its commission; the right to privacy of vic ms and to encourage vic ms to file complaints." "(h) The registra on with the Securi es and Exchange Commission (SEC) and license to operate of Section 11. Sec on 8 of Republic Act No. 9208 is hereby amended to read as follows: the erring agency, corpora on, associa on, religious group, tour or travel agent, club or "SEC. 8. Initiation and Prosecution of Cases. – establishment, or any place of entertainment shall be cancelled and revoked permanently. The "(a) Initiation of Investigation. – Law enforcement agencies are mandated to immediately ini ate owner, president, partner or manager thereof shall not be allowed to operate similar establishments inves ga on and counter-trafficking-intelligence gathering upon receipt of statements or affidavit in a different name; from vic ms of trafficking, migrant workers, or their families who are in possession of knowledge or "(i) If the offender is a foreigner, he or she shall be immediately deported a er serving his or her informa on about trafficking in persons cases. sentence and be barred permanently from entering the country; "(b) Prosecution of Cases. – Any person who has personal knowledge of the commission of any "(j) Any employee or official of government agencies who shall issue or approve the issuance of offense under this Act, such as the trafficked person, the parents, spouse, siblings, children or legal travel exit clearances, passports, registra on cer ficates, counseling cer ficates, marriage license, guardian may file a complaint for trafficking. and other similar documents to persons, whether juridical or natural, recruitment agencies, "(c) Affidavit of Desistance. – Cases involving trafficking in persons should not be dismissed based on establishments or other individuals or groups, who fail to observe the prescribed procedures and the the affidavit of desistance executed by the vic ms or their parents or legal guardians. Public and requirement as provided for by laws, rules and regula ons, shall be held administra vely liable, private prosecutors are directed to oppose and manifest objec ons to mo ons for dismissal. without prejudice to criminal liability under this Act. The concerned government official or employee "Any act involving the means provided in this Act or any a empt thereof for the purpose of securing shall, upon convic on, be dismissed from the service and be barred permanently to hold public an Affidavit of Desistance from the complainant shall be punishable under this Act." office. His or her re rement and other benefits shall likewise be forfeited; and Section 12. Sec on 10 of Republic Act No. 9208 is hereby amended to read as follows: "(k) Convic on, by final judgment of the adopter for any offense under this Act shall result in the "SEC. 10. Penalties and Sanctions. – The following penal es and sanc ons are hereby established for immediate rescission of the decree of adop on." the offenses enumerated in this Act: Section 13. Sec on 11 of Republic Act No. 9208 is hereby amended to read as follows: "(a) Any person found guilty of commi ng any of the acts enumerated in Sec on 4 shall suffer the "SEC. 11. Use of Trafficked Persons. – Any person who buys or engages the services of a trafficked penalty of imprisonment of twenty (20) years and a fine of not less than One million pesos person for pros tu on shall be penalized with the following: Provided, That the Proba on Law (P1,000,000.00) but not more than Two million pesos (P2,000,000.00); (Presiden al Decree No. 968) shall not apply: "(b) Any person found guilty of commi ng any of the acts enumerated in Sec on 4-A of this Act shall "(a) Prision Correccional in its maximum period to prision mayor or six (6) years to twelve (12) years suffer the penalty of imprisonment of fi een (15) years and a fine of not less than Five hundred imprisonment and a fine of not less than Fi y thousand pesos (P50,000.00) but not more than One thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00); hundred thousand pesos (P100,000.00): Provided, however, That the following acts shall be "(c) Any person found guilty of Sec on 4-B of this Act shall suffer the penalty of imprisonment of exempted thereto: fi een (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not "(1) If an offense under paragraph (a) involves sexual intercourse or lascivious conduct with a child, more than One million pesos (P1,000,000.00); the penalty shall be reclusion temporal in its medium period to reclusion perpetua or seventeen (17) "In every case, convic on shall cause and carry the automa c revoca on of the license or years to forty (40) years imprisonment and a fine of not less than Five hundred thousand pesos registra on of the recruitment agency involved in trafficking. The license of a recruitment agency (P500,000.00) but not more than One million pesos (P1,000,000.00); which trafficked a child shall be automa cally revoked. "(2) If an offense under paragraph (a) involves carnal knowledge of, or sexual intercourse with, a "(d) Any person found, guilty of commi ng any of the acts enumerated in Sec on 5 shall suffer the male or female trafficking vic m and also involves the use of force or in mida on, to a vic m penalty of imprisonment of fi een (15) years and a fine of not less than Five hundred thousand deprived of reason or to an unconscious vic m, or a vic m under twelve (12) years of age, instead of pesos (P500,000.00) but not more than One million pesos (P1,000,000.00); 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 reclusionperpetua or forty (40) years imprisonment with no possibility of parole; and other overseas Filipinos resource centers established overseas under Republic Act No. 8042, as except that if a person viola ng paragraph (a) of this sec on knows the person that provided amended. pros tu on services is in fact a vic m of trafficking, the offender shall not be likewise penalized "(b) Department of Social Welfare and Development (DSWD) – shall implement rehabilita ve and under this sec on but under Sec on 10 as a person viola ng Sec on 4; and if in commi ng such an protec ve programs for trafficked persons. It shall provide counseling and temporary shelter to offense, the offender also knows a qualifying circumstance for trafficking, the offender shall be trafficked persons and develop a system for accredita on among NGOs for purposes of establishing penalized under Sec on 10 for qualified trafficking. If in viola ng this sec on the offender also centers and programs for interven on in various levels of the community. It shall establish free violates Sec on 4, the offender shall be penalized under Sec on 10 and, if applicable, for qualified temporary shelters, for the protec on and housing of trafficked persons to provide the following trafficking instead of under this sec on; basic services to trafficked persons: "(b) Deportation. – If a foreigner commits any offense described by paragraph (1) or (2) of this "(1) Temporary housing and food facili es; sec on or violates any per nent provision of this Act as an accomplice or accessory to, or by "(2) Psychological support and counseling; a emp ng any such offense, he or she shall be immediately deported a er serving his or her "(3) 24-hour call center for crisis calls and technology-based counseling and referral system; sentence and be barred permanently from entering the country; and "(4) Coordina on with local law enforcement en es; and "(c) Public Official. – If the offender is a public official, he or she shall be dismissed from service and "(5) Coordina on with the Department of Jus ce, among others. shall suffer perpetual absolute disqualifica on to hold public, office, in addi on to any imprisonment "The DSWD must conduct informa on campaigns in communi es and schools teaching parents and or fine received pursuant to any other provision of this Act." families that receiving considera on in exchange for adop on is punishable under the law. Section 14. Sec on 12 of Republic Act No. 9208 is hereby amended to read as follows: Furthermore, informa on campaigns must be conducted with the police that they must not induce "SEC. 12. Prescriptive Period. – Trafficking cases under this Act shall prescribe in ten (10) years: poor women to give their children up for adop on in exchange for considera on. Provided, however, That trafficking cases commi ed by a syndicate or in a large scale as defined "(c) Department of Labor and Employment (DOLE) – shall ensure the strict implementa on and under Sec on 6, or against a child, shall prescribe in twenty (20) years. compliance with the rules and guidelines rela ve to the employment of persons locally and "The prescrip ve period shall commence to run from the day on which the trafficked person is overseas. It shall likewise monitor, document and report cases of trafficking in persons involving delivered or released from the condi ons of bondage, or in the case of a child vic m, from the day employers and labor recruiters. the child reaches the age of majority, and shall be interrupted by the filing of the complaint or "(d) Department of Jus ce (DOJ) – shall ensure the prosecu on of persons accused of trafficking and informa on and shall commence to run again when the proceedings terminate without the accused designate and train special prosecutors who shall handle and prosecute cases of trafficking. It shall being convicted or acqui ed or are unjus fiably stopped for any reason not imputable to the also establish a mechanism for free legal assistance for trafficked persons, in coordina on with the accused." DSWD, Integrated Bar of the Philippines (IBP) and other NGOs and volunteer groups. Section 15. Sec on 16 of Republic Act No. 9208 is hereby amended to read as follows: "(e) Philippine Commission on Women (PCW) – shall ac vely par cipate and coordinate in the "SEC. 16. Programs that Address Trafficking in Persons. – The government shall establish and formula on and monitoring of policies addressing the issue of trafficking in persons in coordina on implement preven ve, protec ve and rehabilita ve programs for trafficked persons. For this with relevant government agencies. It shall likewise advocate for the inclusion of the issue of purpose, the following agencies are hereby mandated to implement the following programs: trafficking in persons in both its local and interna onal advocacy for women’s issues. "(a) Department of Foreign Affairs (DFA) – shall make available its resources and facili es overseas "(f) Bureau of Immigra on (BI) – shall strictly administer and enforce immigra on and alien for trafficked persons regardless of their manner of entry to the receiving country, and explore administra on laws. It shall adopt measures for the apprehension of suspected traffickers both at means to further enhance its assistance in elimina ng trafficking ac vi es through closer networking the place of arrival and departure and shall ensure compliance by the Filipino fiancés/fiancées and with government agencies in the country and overseas, par cularly in the formula on of policies and spouses of foreign na onals with the guidance and counseling requirement as provided for in this implementa on of relevant programs. It shall provide Filipino vic ms of trafficking overseas with free Act. legal assistance and counsel to pursue legal ac on against his or her traffickers, represent his or her "(g) Philippine Na onal Police (PNP) and Na onal Bureau of Inves ga on (NBI) – shall be the primary interests in any criminal inves ga on or prosecu on, and assist in the applica on for social benefits law enforcement agencies to undertake surveillance, inves ga on and arrest of individuals or and/or regular immigra on status as may be allowed or provided for by the host country. The DFA persons suspected to be engaged in trafficking. They shall closely coordinate with each other and shall repatriate trafficked Filipinos with the consent of the vic ms. with other law enforcement agencies to secure concerted efforts for effec ve inves ga on and "The DFA shall take necessary measures for the efficient implementa on of the Electronic apprehension of suspected traffickers. They shall also establish a system to receive complaints and Passpor ng System to protect the integrity of Philippine passports, visas and other travel documents calls to assist trafficked persons and conduct rescue opera ons. to reduce the incidence of trafficking through the use of fraudulent iden fica on documents. "(h) Philippine Overseas Employment Administra on (POEA) and Overseas Workers and Welfare "In coordina on with the Department of Labor and Employment, it shall provide free temporary Administra on (OWWA) – POEA shall implement Pre-Employment Orienta on Seminars (PEOS) shelters and other services to Filipino vic ms of trafficking overseas through the migrant workers while Pre-Departure Orienta on Seminars (PDOS) shall be conducted by the OWWA. It shall likewise formulate a system of providing free legal assistance to trafficked persons, in coordina on with the "All government agencies tasked under the law to undertake programs and render assistance to DFA. address trafficking in persons shall develop their respec ve monitoring and data collec on systems, "The POEA shall create a blacklist of recruitment agencies, illegal recruiters and persons facing and databases, for purposes of ensuring efficient collec on and storage of data on cases of administra ve, civil and criminal complaints for trafficking filed in the receiving country and/or in the trafficking in persons handled by their respec ve offices. Such data shall be submi ed to the Council Philippines and those agencies, illegal recruiters and persons involved in cases of trafficking who for integra on in a central database system. have been rescued by the DFA and DOLE in the receiving country or in the Philippines even if no "For this purpose, the Council is hereby tasked to ensure the harmoniza on and standardiza on of formal administra ve, civil or criminal complaints have been filed: Provided, That the rescued vic ms databases, including minimum data requirements, defini ons, repor ng formats, data collec on shall execute an affidavit a es ng to the acts viola ve of the an -trafficking law. This blacklist shall systems, and data verifica on systems. Such databases shall have, at the minimum, the following be posted in conspicuous places in concerned government agencies and shall be updated informa on: bi-monthly. "(a) The number of cases of trafficking in persons, sorted according to status of cases, including the "The blacklist shall likewise be posted by the POEA in the shared government informa on system, number of cases being inves gated, submi ed for prosecu on, dropped, and filed and/or pending which is mandated to be established under Republic Act No. 8042, as amended. before the courts and the number of convic ons and acqui als; "The POEA and OWWA shall accredit NGOs and other service providers to conduct PEOS and PDOS, "(b) The profile/informa on on each case; respec vely. The PEOS and PDOS should include the discussion and distribu on of the blacklist. "(c) The number of vic ms of trafficking in persons referred to the agency by des na on "The license or registra on of a recruitment agency that has been blacklisted may be suspended by countries/areas and by area of origin; and the POEA upon a review of the complaints filed against said agency. "(d) Disaggregated data on trafficking vic ms and the accused/defendants." "(i) Department of the Interior and Local Government (DILG) – shall ins tute a systema c Section 17. Sec on 17 of Republic Act No. 9208 is hereby amended to read as follows: informa on and preven on campaign in coordina on with per nent agencies of government as "SEC. 17. Legal Protection to Trafficked Persons. – Trafficked persons shall be recognized as vic ms of provided for in this Act. It shall provide training programs to local government units, in coordina on the act or acts of trafficking and as such, shall not be penalized for unlawful acts commi ed as a with the Council, in ensuring wide understanding and applica on of this Act at the local level. direct result of, or as an incident or in rela on to, being trafficked based on the acts of trafficking "(j) Commission on Filipinos Overseas – shall conduct pre-departure counseling services for Filipinos enumerated in this Act or in obedience to the order made by the trafficker in rela on thereto. In this in intermarriages. It shall develop a system for accredita on of NGOs that may be mobilized for regard, the consent of a trafficked person to the intended exploita on set forth in this Act shall be purposes of conduc ng pre-departure counseling services for Filipinos in intermarriages. As such, it irrelevant. shall ensure that the counselors contemplated under this Act shall have the minimum qualifica ons "Vic ms of trafficking for purposes of pros tu on as defined under Sec on 4 of this Act are not and training of guidance counselors as provided for by law. covered by Ar cle 202 of the Revised Penal Code and as such, shall not be prosecuted, fined, or "It shall likewise assist in the conduct of informa on campaigns against trafficking in coordina on otherwise penalized under the said law." with local government units, the Philippine Informa on Agency, and NGOs. Section 18. A new Sec on 17-A is hereby inserted into Republic Act No. 9208, to read as follows: "(k) Local government units (LGUs) – shall monitor and document cases of trafficking in persons in "SEC. 17-A. Temporary Custody of Trafficked Victims. – The rescue of vic ms should be done as their areas of jurisdic on, effect the cancella on of licenses of establishments which violate the much as possible with the assistance of the DSWD or an accredited NGO that services trafficked provisions of this Act and ensure effec ve prosecu on of such cases. They shall also undertake an vic ms. A law enforcement officer, on a reasonable suspicion that a person is a vic m of any offense informa on campaign against trafficking in persons through the establishment of the Migrants defined under this Act including a empted trafficking, shall immediately place that person in the Advisory and Informa on Network (MAIN) desks in municipali es or provinces in coordina on with temporary custody of the local social welfare and development office, or any accredited or licensed the DILG, Philippine Informa on Agency (PIA), Commission on Filipinos Overseas (CFO), NGOs and shelter ins tu on devoted to protec ng trafficked persons a er the rescue." other concerned agencies. They shall encourage and support community-based ini a ves which Section 19. A new Sec on 17-B is hereby inserted into Republic Act No. 9208, to read as follows: address the trafficking in persons. "SEC. 17-B. Irrelevance of Past Sexual Behavior, Opinion Thereof or Reputation of Victims and of "In implemen ng this Act, the agencies concerned may seek and enlist the assistance of NGOs, Consent of Victims in Cases of Deception, Coercion and Other Prohibited Means. – The past sexual people’s organiza ons (POs), civic organiza ons and other volunteer groups." behavior or the sexual predisposi on of a trafficked person shall be considered inadmissible in Section 16. A new Sec on 16-A is hereby inserted into Republic Act No. 9208, to read as follows: evidence for the purpose of proving consent of the vic m to engage in sexual behavior, or to prove "SEC. 16-A. Anti-Trafficking in Persons Database. – An an -trafficking in persons central database the predisposi on, sexual or otherwise, of a trafficked person. Furthermore, the consent of a vic m shall be established by the Inter-Agency Council Against Trafficking created under Sec on 20 of this of trafficking to the intended exploita on shall be irrelevant where any of the means set forth in Act. The Council shall submit a report to the President of the Philippines and to Congress, on or Sec on 3(a) of this Act has been used." before January 15 of every year, with respect to the preceding year’s programs and data on Section 20. A new Sec on 17-C is hereby inserted into Republic Act No. 9208, to read as follows: trafficking-related cases. "SEC. 17-C. Immunity from Suit, Prohibited Acts and Injunctive Remedies. – No ac on or suit shall be brought, ins tuted or maintained in any court or tribunal or before any other authority against any: (a) law enforcement officer; (b) social worker; or (c) person ac ng in compliance with a lawful order "(a) Act as secretary of the Council and administra ve officer of its secretariat; from any of the above, for lawful acts done or statements made during an authorized rescue "(b) Advise and assist the Chairperson in formula ng and implemen ng the objec ves, policies, opera on, recovery or rehabilita on/interven on, or an inves ga on or prosecu on of an plans and programs of the Council, including those involving mobiliza on of government offices an -trafficking case: Provided, That such acts shall have been made in good faith. represented in the Council as well as other relevant government offices, task forces, and "The prosecu on of retaliatory suits against vic ms of trafficking shall be held in abeyance pending mechanisms; final resolu on and decision of criminal complaint for trafficking. "(c) Serve as principal assistant to the Chairperson in the overall supervision of council administra ve "It shall be prohibited for the DFA, the DOLE, and the POEA officials, law enforcement officers, business; prosecutors and judges to urge complainants to abandon their criminal, civil and administra ve "(d) Oversee all council opera onal ac vi es; complaints for trafficking. "(e) Ensure an effec ve and efficient performance of council func ons and prompt implementa on "The remedies of injunc on and a achment of proper es of the traffickers, illegal recruiters and of council objec ves, policies, plans and programs; persons involved in trafficking may be issued motu proprio by judges." "(f) Propose effec ve alloca ons of resources for implemen ng council objec ves, policies, plans Section 21. Sec on 20 of Republic Act No. 9208 is hereby amended to read as follows: and programs; "SEC. 20. Inter-Agency Council Against Trafficking. – There is hereby established an Inter-Agency "(g) Submit periodic reports to the Council on the progress of council objec ves, policies, plans and Council Against Trafficking, to be composed of the Secretary of the Department of Jus ce as programs; Chairperson and the Secretary of the Department of Social Welfare and Development as "(h) Prepare annual reports of all council ac vi es; and Co-Chairperson and shall have the following as members: "(i) Perform other du es as the Council may assign." "(a) Secretary, Department of Foreign Affairs; Section 23. A new Sec on 26-A is hereby inserted into Republic Act No. 9208, to read as follows: "(b) Secretary, Department of Labor and Employment; "SEC. 26-A. Extra-Territorial Jurisdiction. – The State shall exercise jurisdic on over any act defined "(c) Secretary, Department of the Interior and Local Government; and penalized under this Act, even if commi ed outside the Philippines and whether or not such act "(d) Administrator, Philippine Overseas Employment Administra on; or acts cons tute an offense at the place of commission, the crime being a con nuing offense, "(e) Commissioner, Bureau of Immigra on; having been commenced in the Philippines and other elements having been commi ed in another "(f) Chief, Philippine Na onal Police; country, if the suspect or accused: "(g) Chairperson, Philippine Commission on Women; "(a) Is a Filipino ci zen; or "(h) Chairperson, Commission on Filipinos Overseas; "(b) Is a permanent resident of the Philippines; or "(i) Execu ve Director, Philippine Center for Transna onal Crimes; and "(c) Has commi ed the act against a ci zen of the Philippines. "(j) Three (3) representa ves from NGOs, who shall include one (1) representa ve each from among "No prosecu on may be commenced against a person under this sec on if a foreign government, in the sectors represen ng women, overseas Filipinos, and children, with a proven record of accordance with jurisdic on recognized by the Philippines, has prosecuted or is prosecu ng such involvement in the preven on and suppression of trafficking in persons. These representa ves shall person for the conduct cons tu ng such offense, except upon the approval of the Secretary of be nominated by the government agency representa ves of the Council, for appointment by the Jus ce. President for a term of three (3) years. "The government may surrender or extradite persons accused of trafficking in the Philippines to the "The members of the Council may designate their permanent representa ves who shall have a rank appropriate interna onal court if any, or to another State pursuant to the applicable extradi on laws not lower than an assistant secretary or its equivalent to mee ngs, and shall receive emoluments as and trea es." may be determined by the Council in accordance with exis ng budget and accoun ng rules and Section 24. Sec on 28 of Republic Act No. 9208 is hereby amended, to read as follows: regula ons." "SEC. 28. Funding. – The amount necessary to implement the provisions of this Act shall be charged Section 22. Sec on 22 of Republic Act No. 9208 is hereby amended to read as follows: against the current year’s appropria ons of the Inter-Agency Council Against Trafficking under the "SEC. 22. Secretariat to the Council. – The Department of Jus ce shall establish the necessary budget of the DOJ and the appropria ons of the other concerned departments. Therea er, such Secretariat for the Council. sums as may be necessary for the con nued implementa on of this Act shall be included in the "The secretariat shall provide support for the func ons and projects of the Council. The secretariat annual General Appropria ons Act." shall be headed by an execu ve director, who shall be appointed by the Secretary of the DOJ upon Section 25. A new Sec on 28-A is hereby inserted into Republic Act No. 9208, to read as follows: the recommenda on of the Council. The execu ve director must have adequate knowledge on, "SEC. 28-A. Additional Funds for the Council. – The amount collected from every penalty, fine or training and experience in the phenomenon of and issues involved in trafficking in persons and in the asset derived from any viola on of this Act shall be earmarked as addi onal funds for the use of the field of law, law enforcement, social work, criminology, or psychology. Council. The fund may be augmented by grants, dona ons and endowment from various sources, "The execu ve director shall be under the supervision of the Inter-Agency Council Against Trafficking domes c or foreign, for purposes related to their func ons, subject to the exis ng accepted rules through its Chairperson and Co-Chairperson, and shall perform the following func ons: and regula ons of the Commission on Audit." Section 26. Sec on 32 of Republic Act No. 9208 of the Repealing Clause is hereby amended to read as follows: "SEC. 32. Repealing Clause. – Ar cle 202 of the Revised Penal Code, as amended, and all laws, acts, presiden al decrees, execu ve orders, administra ve orders, rules and regula ons 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 Protec on of Child Against Child Abuse, Exploita on and Discrimina on Act.’" Section 27. Sec on 33 of Republic Act No. 9208 is hereby amended to read as follows: "SEC. 33. Effectivity. – This Act shall take effect fi een (15) days following its complete publica on in at least two (2) newspapers of general circula on."