Human Trafficking Law and the Safe Spaces Act.pptx

Law on Human
Trafficking
and the
Safe Spaces Act

In 2018, 5.9% of women aged 15-49 years reported that they had been subject to
physical and/or sexual violence by a current or former intimate partner in the
previous 12 months. Moreover, women of reproductive age (15-49 years) often
face barriers with respect to their sexual and reproductive health and rights.
In 2020, DSWD reported serving 1,205 trafficking victims, of whom 849 were
female and approximately 75 percent were adults, compared with 2,194 victims
served in 2019. Of these, the government reported 629 victims of labor
trafficking, 361 victims of sex trafficking, including 157 child victims of online
sexual exploitation, and five children engaged in armed conflict; it was unclear if
the remaining 207 victims faced forced labor or sex trafficking.
State of protection to Filipino women

Forced labor and sex trafficking of men, women, and children within the country
remains a significant problem. Traffickers exploit women and children from rural
communities, conflict- and disaster-affected areas, and impoverished urban
centers in sex trafficking, forced domestic work, forced begging, and other forms
of forced labor in tourist destinations and urban areas around the country, and
exploit men in forced labor in the agricultural, construction, fishing, and maritime
industries, sometimes through debt-based coercion.
State of protection to Filipino women

Cause spotting: An activity on trafficking
Kindly watch this video and answer the
following:
1. What problem or issue can you identify
from the video?
2. What factors facilitated the identified
problem?
3. Do you have personal knowledge of similar
acts?
4. What are your recommendations to avoid
the problem?

In 2012, the Republic Act No 9208 (Anti-Trafficking in Persons Act of 2003)
was expanded through the RA 10364.
child [person below 18 or over but is
unable to fully take care of or
protect himself/herself from abuse,
neglect, cruelty, exploitation, or
discrimination because of a physical
or mental disability or condition]
any person
Who is protected?
Who is liable?
any person, natural or juridical, who
violates provisions of the act
Highlights: Expanded Anti-Trafficking in Persons Act (RA No. 10364)

Child is a person under the age of eighteen
(18) years. (RA No. 9344)
Children refers to a person below eighteen
(18) years of age or those over but are unable
to fully take care of themselves or protect
themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a physical
or mental disability or condition (RA No. 7610)
Under laws on child pornography:
Shall also include: (1) A person
regardless of age who is presented,
depicted or portrayed as a child; and
(2) Computer-generated, digitally or
manually crafted images, or graphics
of a person who is represented or
who is made to appear to be a child

Trafficking in Persons - rrefers to the recruitment, obtaining, hiring, providing, offering,
transportation, transfer, maintaining, harboring, or receipt of persons with or without the
victim’s consent or knowledge, within or across national borders by means of threat, or use of
force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position,
taking advantage of the vulnerability of the person, or, the giving or receiving of payments or
benefits to achieve the consent of a person having control over another person for the purpose
of exploitation which includes at a minimum, the exploitation or the prostitution of others or
other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or
sale of organs.
Includes the recruitment, transportation, transfer, harboring, adoption or receipt of a child for
the purpose of exploitation or when the adoption is induced by any form of consideration for
exploitative purposes.

• Attempted trafficking in persons is punishable
• Accomplices and accessories to the commission of prohibited acts
have criminal liability
• A spouse may be liable for trafficking
The minority of the victim qualifies the offense of trafficking in
persons and carries a penalty of life imprisonment and a fine of
not less than Two million pesos (P2,000,000.00) but not more
than Five million pesos (P5,000,000.00).

Trafficking of persons (under RA No. 10364):
• prostitution
• sexual exploitation
• forced labor
• slavery
• involuntary servitude
• sex tourism
• debt bondage
• pornography
Prohibited Acts

Prohibited Acts
What constitutes trafficking of a child?
Under Section 4:
Trafficking for purposes of exploitation of children shall include (1) all forms of slavery or
practices similar to slavery, involuntary servitude, debt bondage and forced labor, including
recruitment of children for use in armed conflict; (2) The use, procuring or offering of a child
for prostitution, for the production of pornography, or for pornographic performances; (3) The
use, procuring or offering of a child for the production and trafficking of drugs; and (4) The
use, procuring or offering of a child for illegal activities or work which, by its nature or the
circumstances in which it is carried out, is likely to harm their health, safety or morals; and (l)
To organize or direct other persons to commit trafficking.
Under Section 5:
(a) Facilitating the travel of a child who travels alone to a foreign country or territory without
valid reason therefor and without the required clearance or permit from the DSWD, or a
written permit or justification from the child’s parent or legal guardian; (b) Executing, for a
consideration, an affidavit of consent or a written consent for adoption; (c) Recruiting a
woman to bear a child for the purpose of selling the child; (d) Simulating a birth for the
purpose of selling the child; and (e) Soliciting a child and acquiring the custody thereof
through any means from among hospitals, clinics, nurseries, daycare centers, refugee or

REPUBLIC ACT No. 11313
Long Title: An Act Defining Gender-Based
Sexual Harassment in Streets, Public
Spaces, Online, Workplaces, and
Educational or Training Institutions,
Providing Protective Measures and
Prescribing Penalties Therefor
Short Title: “Safe Spaces Act” or “Bawal
Bastos Law”
Date of Effectivity: August 3, 2019

State Policies
• Value the dignity of every human person and
guarantee full respect for human rights.
• Recognition of the role of women in nation-building
and ensuring the fundamental equality before the law
of women and men
• Both men and women must have equality, security
and safety not only in private, but also on the streets,
public spaces, online, workplaces and educational and
training institutions.

Gender-based sexual harassment is unwelcome conduct based on an individual's actual or
perceived sex. (OCR, U.S. Department of Health and Human Services)
Gender-based online sexual harassment (GBSH) - refers to an online conduct targeted at a
particular person that causes or likely to cause another mental, emotional or psychological
distress, and fear of personal safety, sexual harassment acts including unwanted sexual
remarks and comments, threats, uploading or sharing of one’s photos without consent,
video and audio recordings, cyberstalking and online identity theft
Highlights: The Safe Spaces Act or Bawal Bastos Law (RA No.
11313)
Definition of Terms

Gender refers to a set of socially ascribed characteristics, norms, roles, attitudes, values and
expectations identifying the social behavior of men and women, and the relations between
them
Gender identity and/or expression refers to the personal sense of identity as characterized,
among others, by manner of clothing, inclinations, and behavior in relation to masculine or
feminine conventions. A person may have a male or female identity with physiological
characteristics of the opposite sex in which case this person is considered transgender
Definition of Terms
11313)

Catcalling - refers to unwanted remarks directed towards a
person, commonly done in the form of wolf-whistling and
misogynistic, transphobic, homophobic, and sexist slurs.
Stalking - refers to conduct directed at a person involving the
repeated visual or physical proximity, non-consensual
communication, or a combination thereof that cause or will
likely cause a person to fear for one’s own safety or the safety
of others, or to suffer emotional distress.
Definition of Terms
11313)

Gaining perspective
Image by TriumphIAS.

Safe spaces
Streets and Public Spaces
Online
Workplace
Learning and training institutions
Coverage
11313)

11313)
Infographics
by
Silliman
University

GENDER-BASED STREETS AND PUBLIC SPACES SEXUAL HARASSMENT
(Article I)
Where my be committed: public spaces such as alleys,
roads, sidewalks and parks - buildings, schools,
churches, restaurants, malls, public washrooms, bars,
internet shops, public markets, transportation terminals
or public utility vehicles

GENDER-BASED STREETS AND PUBLIC SPACES SEXUAL HARASSMENT
(Article I)
DSWD shall take necessary
disciplinary measures as provided
for under the Juvenile Justice and
Welfare Act of 2006
If act is committed by a minor:
If prohibited act is committed in
PUVs:
Additional penalty of suspension
or revocation of the franchise of
transportation operators and
where the perpetrator is the driver
of the vehicle shall also constitute
a breach of contract of carriage

GENDER-BASED SEXUAL HARASSMENT IN THE WORKPLACE (Article IV)
(a) acts involving any unwelcome sexual
advances, requests or demand for sexual favors
or any act of sexual nature, whether done
verbally, physically or through the use of
technology that has or could have a detrimental
effect on the conditions of an individual’s
employment or education, job performance or
opportunities;
Prohibited acts

(b) A conduct of sexual nature and other conduct-
based on sex affecting the dignity of a person, which
is unwelcome, unreasonable, and offensive to the
recipient, whether done verbally, physically or
through the use of technology
Prohibited acts

(c) A conduct that is unwelcome and pervasive
and creates an intimidating, hostile or
humiliating environment for the recipient:
Provided, That the crime of gender-based sexual
harassment may also be committed between
peers and those committed to a superior officer
by a subordinate, or to a teacher by a student, or
to a trainer by a trainee
Prohibited acts

GENDER-BASED SEXUAL HARASSMENT IN EDUCATIONAL AND TRAINING
INSTITUTIONS (Article V)
-shall designate an officer-in-charge to receive
complaints regarding violations of the Anti-
Bastos Law
-shall, ensure that the victims are provided
with a gender-sensitive environment
-must adopt and publish grievance procedures
-should promptly investigate
-take appropriate steps to resolve the
situation
All schools, whether public or private

Any person - for committing acts of gender-based sexual harassment and
suffer penalties prescribed thereto
Principals, school heads, teachers, instructors, professors, coaches, trainers,
or any odier person who has authority, influence or moral ascendancy over
another in an educational or training institution –
Non-implementation of duties - fine of not less than Php 5,000.00 and
not more than Php 10,000.00
Not taking action on reported acts of GBSH in the workplace - fine of not
less than Php 10,000.00 and not more than Php 15,000.00
Who may be punished?

He/she shall only be held liable for administrative sanctions by the
school as stated in their school handbook
What if GBSH is committed by minor?
Once a perpetrator is found guilty, the educational institution may
reserve the right to strip the diploma from the perpetrator or issue
an expulsion order.

Supplemented by laws and
issuances on children such as
the the Cybercrime Prevention
Act of 2012, Special Protection
of Children Against Child Abuse,
Exploitation and Discrimination
Act (RA No. 7610), and Anti-
Online Sexual Abuse or
Exploitation of Children
(OSAEC) and Anti-Child Sexual
Abuse or Exploitation Materials
(CSAEM) Act (RA No. 11930,
July 30, 2022)
If the victim is a child
11313)
Infographics
by
Silliman
University

GENDER-BASED ONLINE SEXUAL HARASSMENT
(Article II)
Primary implementers: PNP Anti-Cybercrime Group (PNPACG) and the
Cybercrime Investigation and Coordinating Center (CICC) of the DICT
its license or franchise shall be
automatically deemed revoked,
and the persons liable shall be the
officers thereof
If prohibited act is committed by a
juridical person: If prohibited act is committed by an
alien:
alien is subject to deportation
proceedings after serving sentence
and payment of fines

Exemptions to punishable acts
1. legitimate expressions of indigenous culture and tradition
(Section 31)
2. breastfeeding in public (Section 31)
3. authorized written orders of the court for any peace officer to
use online records or any copy thereof as evidence in any civil,
criminal investigation or trial of the crime (for online sexual
harassment, Section 14)

Prescription
(a) Offenses committed under Section 11(a) of this
Act shall prescribe in one (1) year;
(b) Offenses committed under Section 11(b) of this
Act shall prescribe in three (3) years;
(c) Offenses committed under Section 11(c) of this
Act shall prescribe in ten (10) years;
(d) Offenses committed under Section 12 of this Act
shall be imprescriptible; and
(e) Offenses committed under Sections 16 and 21 of
this Act shall prescribe in five (5) years.
S11 - Streets and Public
Spaces
S12 - Online
S16 - Workplace
S21 - Educational and
learning institutions

PNP - ACG
Office Address:
Anti-Cybercrime Group Building
Col. Lagman St., Bagong Lipunan Camp Crame,
Quezon City, Metro Manila, Philippines 1100
Contact Numbers:
Complaint Action Center / Hotline:
Tel. +63 (8) 723-0401 local 7491
Smart/Viber: +63 961 829 8083
Regional Anti-Cybercrime Unit 6 (RACU 6)
Contact No.: +63 920 970 2647
Email Address: Email Address: pnp.racusix@gmail.com
and racu6@acg.pnp.gov.ph
Camp Martin Teofilo Delgado, Fort San Pedro, Iloilo City

“OUR LIVES BEGIN TO END THE DAY WE BECOME
SILENT ABOUT THINGS THAT MATTER.”
- Martin Luther King

Let us strenghten our advocacy for women’s rights!

Resources
Senate of the Philippines Website https://issuances-library.senate.gov.ph/topics/welfare-and-protection-of-children
Council for the Welfare of Children Website https://www.cwc.gov.ph/resources/laws-on-children.html
The ASEAN Post
The LAWPHIL Project
The Official Gazette
UN Women Website
Philippine Commission on Women Website
CREDITS to the images used in this presentation. Images are used purely for educational and informative purposes only.

Human Trafficking Law and the Safe Spaces Act.pptx

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