This document summarizes key details from two laws - the Expanded Anti-Trafficking in Persons Act of 2012 and the Special Protection of Children Against Abuse, Exploitation and Discrimination Act as depicted in a movie. It outlines specific provisions from the laws, identifies which characters from the movie are liable under each provision, and describes the penalties imposed by the laws. The summary identifies that the laws aim to penalize trafficking and exploitation of adults and children for purposes of prostitution, and that several characters in the movie such as recruiters, establishment owners, and customers are liable for violating provisions against recruiting, transporting, maintaining, and engaging children in prostitution.
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Assignment 1.docx
1. REPUBLIC ACT NO. 10364
“Expanded Anti-Trafficking in Persons Act of 2012”.
AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED “AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND
CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING
PENALTIES FOR ITS VIOLATIONS AND FOR OTHER PURPOSES”
PARTICULAR PROVISIONS PERSON/S LIABLE VICTIM/S DISCUSSION IN RELATION TO THE MOVIE PENALTY
SEC. 4. Section 4 of Republic Act No.
9208 is hereby amended to read as
follows
SEC. 4. Acts of Trafficking in
Persons. – It shall be unlawful for any
person, natural or juridical, to commit
any of the following acts:
(a) To recruit, obtain, hire, provide, offer,
transport, transfer, maintain, harbor, or
receivea person byany means, including
those done under the pretext of
domestic or overseas employment or
training or apprenticeship, for the
purposeof prostitution,pornography,or
sexual exploitation;
Ditas –
Recruiter/Presented
herself as Manager for
new talents
Arthur Stevens –
Owner of the Night
Clubs/Bar
Miss Kim – Floor
Manager of the Bar
Mamasan- Unnamed
character/In-charge of
managing the house
of the prostitutes
Lulu – the main
character of the
movie
Luis – Brother
of Lulu
Other Boys and
Girls
(prostitutes)
As depicted in the movie, the siblings, Lulu and
Luis are just ordinary children who belong to an
underprivileged family situated in meagre
community. Despite this situation, Lulu is a
talented singer whose interest is focused in this
talent. As a brother, Luis is very much supportive
to his sister. This has been the target point of
Ditas in recruiting Lulu to be one of her talents.
Promising Lulu to undergo training/practiceand
Luring her and Luis of a promise to make the
former a " Star". Opposite to such promise, Lulu
will just be subjected to prostitution same as the
other prostitutes (victims).
The action made by Ditas is a clear violation of
the provisions as mentioned in this law. As for
Arthur Stevens, he is also liable for the same
violation being the one who hires the victims.
The participation and functions being performed
by these two characters (Miss Kim and Mamasan)
inside the prostitution business clearly manifest
their cooperation and assistance to the
commission of the crime under this law. Miss Kim
being the floor manager is in-charge of all the
SEC. 12. Section 10 of Republic
ActNo. 9208 isherebyamended
to read as follows:SEC.
10. Penalties and Sanctions. –
The following penalties and
sanctions are hereby established
for the offenses enumerated in
this Act:
“(a) Any person found guilty of
committing any of the acts
enumerated in Section 4 shall
suffer the penalty of
imprisonment of twenty (20)
years and a fine of not less than
One million pesos
(P1,000,000.00) but not more
than Two million pesos
(P2,000,000.00);
2. undertakings of the prostitutes while in the bar.
While Mamasan runs the boys house and taking
charge of the transactions between the boys and
the customers as well as all the needsand errands
of the former.
“(e) To maintain or hire a person to
engage in prostitution or pornography
Arthur Stevens –
Owner of the Night
Clubs/Bar
Lulu – the main
character of the
movie
Luis – Brother
of Lulu
Other Boys and
Girls
(prostitutes)
Apart from the house where the boy prostitutes
are staying and waiting to be picked up by the
customers, there are two bars/Night Club being
maintained by the owner of the bar where the
girls and the boys (prostitutes are working,
hence, as the owner, Mr. Stevens is liable for the
violation of this section.
(k) To recruit, transport, harbor, obtain,
transfer, maintain, hire, offer, provide,
adopt or receive a child for purposes of
exploitation or trading them, including
but not limited to, the act of baring
and/or selling a child for any
consideration or for barter for purposes
of exploitation. Trafficking for purposes
of exploitation of children shall include
(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.
Mamasan- Unnamed
character/In-charge of
managing the house
of the prostitutes
Reynas parents
Luis – Brother
of Lulu
Reyna – the
errand girl of
the bar
Luis was offered with a free board and lodging
by the unnamed character (Mamasan) who runs
the boys house in exchange of his service (sexual
favor) to the customers of prostitution.
On the part of Reyna, she personally declared
that she was sold by her parents to that
prostitution den.
SEC. 8. Section 5 of Republic Act No.
9208 is hereby amended to read as
follows:
Mamasan- Unnamed
character/In-charge of
managing the house
of the prostitutes
Luis – Brother
of Lulu
Reyna – the
errand girl of
the bar
It is impliedly shown in the movie that the
unnamed character (Mamasan) owns the
house/property where the boys including Luis
are staying. The same house is where the
transaction between these boys and the
(d) Any person found, guilty of
committing any of the acts
enumerated in Section 5 shall
suffer the penalty of
imprisonment of fifteen (15)
3. SEC. 5. Acts that Promote Trafficking
in Persons. – The following acts which
promote or facilitate trafficking in
persons, shall be unlawful(a) To
knowinglyleaseor sublease,use or allow
to be used any house, building or
establishment for the purpose of
promoting trafficking in persons
Other Boys and
Girls
(prostitutes)
customers are happening under the supervision
of Mamasan.
years and a fine of not less than
Five hundred thousand pesos
(P500,000.00) but not more than
One million pesos
(P1,000,000.00)
SEC. 9. Section 6 of Republic Act No.
9208 is hereby amended to read as
follows:
SEC. 6. Qualified Trafficking in
Persons. – Violations of Section 4 of this
Act shall be considered as qualified
trafficking:
(a) When the trafficked person is a
child
Ditas –
Recruiter/Presented
herself as Manager for
new talents
Arthur Stevens –
Owner of the Night
Clubs/Bar
Miss Kim – Floor
Manager of the Bar
Mamasan- Unnamed
character/In-charge of
managing the house
of the prostitutes
Lulu – the main
character of the
movie
Luis – Brother
of Lulu
Reyna – the
errand girl of
the bar
Other minor
Boys
(prostitutes)
In the movie, there are several events where the
victims pronounced their minority age. Luis when
asked by another boy-prostitute stated that he is
14 yrs. Old while the boy also stated that he
started in this kind of what he call workat the age
of 12 same as the other boys in that house.
though not specifically shown in the movie the
exact age of Lulu, it is a basic conclusion that
since she is calling his brother as Kuya, it simply
means that she is under 14 years old, hence, a
minor age.As definedunder Section3, (b) Child –
refers to a person below eighteen (18) years of
ageor one whois over eighteen(18) but is unable
to fully take care of or protect himself/herself
from abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental
disability or condition.
Therefore, this is a subject of SEC. 9. Section 6
of Republic Act No. 9208 Qualified
Trafficking in Persons.
(e) Any person found guilty of
qualified trafficking under
Section 6 shall suffer the penalty
of lifeimprisonmentanda fineof
not less than Two million pesos
(P2,000,000.00) but not more
than Five million pesos
(P5,000,000.00)
SEC. 13. Section 11 of Republic Act
No. 9208 is hereby amended to read as
follows:
Mr. James
Lulu – the main
character of the
movie
The engagement of Mr. James to Luis for
purposes of prostitution is a clear violation of this
particular provision. When Luis approached his
car as a desperate measure to be near with his
Sec. 11 -(a) Prision
Correccional in its maximum
period to prision mayor or six (6)
years to twelve (12) years
4. SEC. 11. Use of Trafficked Persons.
– Any person who buys or engages the
services of a trafficked person for
prostitution shall be penalized with the
following: Provided, That the Probation
Law (Presidential Decree No. 968) shall
not apply
Other unnamed
customers (regular
and irregular) of the
bar and the boys
house.
Luis – Brother
of Lulu
Other Boys and
Girls
(prostitutes)
sister, Mr. James personally engaged with him
since he was there as a regular customer of
prostitution. This was clearly evidenced by the
statement of Mamasan giving warning to Luis to
be good since Mr. James is a regular.
As to Lulu and the other victims, there are several
occasions that they have been engaged in their
respective customers, however, these customers
were not named nor identified in the movie, if so,
they are also liable for then violation of this
provision.
imprisonment and a fine of not
less than Fifty thousand pesos
(P50,000.00) but not more than
One hundred thousand pesos
(P100,000.00): Provided,
however, That the following acts
shall be exempted thereto:
“(1) If an offense under
paragraph (a) involves sexual
intercourse or lascivious conduct
with a child, the penalty shall
be reclusion temporal in its
medium period to reclusion
perpetua or seventeen (17) years
to forty (40) years imprisonment
and a fine of not less than Five
hundred thousand pesos
(P500,000.00) but not more than
One million pesos
(P1,000,000.00)
5.
6. Republic Act 7610
Special Protection of Children Against Abuse, Exploitation and Discrimination Act
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION,
PROVIDING PENALTIES FOR ITS VIOLATION AND FOR OTHER PURPOSES.
PARTICULAR PROVISIONS PERSON/S LIABLE VICTIM/S DISCUSSION IN RELATION TO THE MOVIE PENALTY
ARTICLE III Child Prostitution and Other
Sexual Abuse
Sec. 5. Child Prostitution and Other
Sexual Abuse. – Children, whether
male or female, who for money, profit,
or any other consideration or due to
the coercion or influence of any adult,
syndicate or group, indulge in sexual
intercourse or lascivious conduct, are
deemed to be children exploited in
prostitution and other sexual abuse. (a)
Those who engage in or promote,
facilitate or induce child prostitution
which include, but are not limited to,
the following:
(1) Acting as a procurer of a child
prostitute
(5) Giving monetary consideration
goods or other pecuniary benefit to a
child with intent to engage such child in
prostitution.
Ditas –
Recruiter/Presented
herself as Manager for
new talents
Arthur Stevens –
Owner of the Night
Clubs/Bar
Mamasan
Lulu – the main
character of the
movie
Luis – Brother
of Lulu
Ditas personally recruited Lulu in her hometown,
brought her to Manila in lieu of the promise that
she will be trained as a singer opposite to the fact
that she will be brought to a prostitution den.
Mr. Stevens as the owner/manager f the bar
Where the children are working is also liable in
violation of this law.
Bothof them, includingthe Mamasanof the boys
are using money to corrupt the vulnerability of
this childrenfor them toengagein such a harmful
and illegal activity which is prejudicial to their
young age.
The penalty of reclusion temporal
in its medium period to reclusion
perpetua (Art. III, Sec. 5 of this
law)
7. (b) Those who commit the act of sexual
intercourse of lascivious conduct with a
child exploited in prostitution or subject
to other sexual abuse; Provided, That
when the victims is under twelve (12)
years of age, the perpetrators shall be
prosecutedunder Article335, paragraph
3, for rape and Article 336 of Act No.
3815, as amended, the Revised Penal
Code, for rape or lascivious conduct, as
the case may be:
Mr. James
Other unnamed
customers (regular
and irregular) of the
bar and the boys
house.
Lulu – the main
character of the
movie
Luis – Brother
of Lulu
Other Boys and
Girls
(prostitutes)
The engagement of Mr. James to Luis for
purposes of prostitution is a clear violation of this
particular provision. When Luis approached his
car as a desperate measure to be near with his
sister, Mr. James personally engaged with him
since he was there as a regular customer of
prostitution. This was clearly evidenced by the
statement of Mamasan giving warning to Luis to
be good since Mr. James is a regular.
As to Lulu and the other victims, there are
several occasions that they have been engaged
in their respective customers, however, these
customers were not named nor identified in the
movie, if so, they are also liable for then
violation of this provision.
That the penalty for lascivious
conduct when the victim is under
twelve (12) years of age shall be
reclusion temporal in its medium
period; and
(c) Those who derive profit or advantage
therefrom, whether as manager or
owner of the establishment where the
prostitution takes place, or of the sauna,
disco, bar, resort, place of entertainment
or establishment serving as a cover or
which engages in prostitution in
addition to the activity for which the
license has been issued to said
establishment.
Arthur Stevens –
Owner of the Night
Clubs/Bar
Lulu – the main
character of the
movie
Luis – Brother
of Lulu
Other Boys and
Girls
(prostitutes)
Mr. Stevens is the owner of the bar where the
children-victims of prostitution are working. It
clearlyshows that he profitsfromthe prostitution
transaction which involves the children.
The penalty of reclusion temporal
in its medium period to reclusion
perpetua (Art. III, Sec. 5 of this
law)
Sec. 7. Child Trafficking. – Any person
who shall engage in trading and
dealing with children including, but not
limited to, the act of buying and selling
Reynas parents Reyna – the
errand girl of
the bar
Reyna, personally declaredthat she was sold by
her parents to that prostitution den.
shall suffer the penaltyof reclusion
temporal to reclusion perpetua.
The penalty shall be imposed in its
maximum period when the victim
is under twelve (12) years of age.
8. of a child for money, or for any other
consideration, or barter,