The document summarizes Republic Act 9208 or the Anti-Trafficking in Persons Act of 2003 and its amendments regarding trafficking in persons in the Philippines. It defines trafficking as involving acts, means, and purpose of exploitation. It outlines punishments for trafficking offenses including life imprisonment for qualified trafficking. The document also discusses legal protections for trafficked persons and differences between trafficking, illegal recruitment, and human smuggling. It provides contact information for agencies that can help with trafficking cases.

1. Republic Act 9208 or the
Anti-Trafficking in
Persons Act of 2003, as
amended by
RA 10364 also known as
the Expanded Anti-
Trafficking in Persons Act
of 2012
Presented by: Marsha C. Pasong

2. What is Trafficking in Persons (TIP)?
Trafficking in persons is an illegal act and is considered a violation of human
rights. It has three (3) inter-related and interdependent elements for a
situation to be considered trafficking in persons:
• ACTS – It involves 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;
• MEANS – It is committed by use of threat, or use of force, or other forms or
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;
and
• PURPOSE – It is done for the purpose of exploitation or the prostitution of others
or other forms of sexual exploitation, forced labor or services, slavery, involuntary
servitude or the removal or sale of organs.

3. • The recruitment, transportation, transfer, harboring, adoption or
receipt of a child for the purpose of exploitation or when the
adoption is induced by any form of consideration for exploitative
purposes shall also be considered as “trafficking in persons”
even if it does not involve any of the means mentioned above.

4. What are the Acts Punishable under the Anti-
TIP Law?
The following acts are punishable under RA 9208 as amended by RA
10364:
• Acts of TIP – includes all acts committed by any natural or juridical
person where all the three elements of TIP (acts, means, purpose) are
present. Some examples are:
• recruitment, hiring, offering, transferring, harboring or receiving any
person for the purpose of prostitution, pornography, sexual
exploitation, under the pretext of domestic or overseas employment
or apprenticeship;

5. Any person found guilty of acts of TIP shall be penalized
with imprisonment of 20 years and a fine of not less than
1 million but not more than 2 million pesos.
• undertaking or organizing tours and travel plans consisting of tourism
packages or activities for the purpose of utilizing and offering persons
for prostitution, pornography or sexual exploitation;
• maintaining or hiring a person to engage in prostitution or
pornography;
• adopting persons by any form of consideration for exploitative
purposes; and
• recruitment, hiring, adopting, transporting, obtaining, harboring,
offering, receiving or abducting a person, by means of threat or use of
force, fraud, deceit, violence, coercion, or intimidation for the purpose
of removal or sale of organs of said person.

6. • knowingly using or allowing the use of any house or establishment for
promoting TIP
• facilitating the use of tampered or fake documents to evade
government regulatory and pre-departure requirements;
• production, publication, broadcast and distribution, including use of
ICT for propaganda materials that promote TIP;
• assisting in the conduct of misrepresentation or fraud in securing
• clearances and necessary exit documents from government, and
facilitating exit/entry of persons possessing tampered or fraudulent
travel documents for promoting TIP;
2. ACTS that promote TIP- includes all acts that encourages or
facilitates TIP such as:

7. • preventing a trafficked person from seeking redress from appropriate
agencies by confiscating or destroying his/her passport, travel or
personal documents;
• tampering with or destroying of evidence, or influencing or
attempting to influence witnesses in an investigation or prosecution
of a TIP case;
• destroying, concealing, removing, confiscating or possessing travel
and/or working documents of any person in order to maintain the
labor or services of that person; and
• using one’s office to impede the investigation, prosecution or
execution of lawful orders in a case.
Any person guilty of acts promoting TIP shall be penalized with
imprisonment of 15 years and a fine of not less than 500 thousand but
not more than 1 million pesos.

8. - any person who buys or engages the services of trafficked persons for
prostitution shall be penalized with imprisonment ranging from six (6) years
to forty (40) years and fine ranging from 50 thousand to 5 million pesos.
• In addition to imprisonment and fine, an offender who is a foreigner shall
be immediately deported and permanently barred from entering the
country after serving jail terms, while an offender who is a public official
shall be dismissed from service and suffer perpetual absolute
disqualification to hold public office.
3. Use of Trafficked Persons

9. 4. Qualified TIP – the act will be considered as
qualified TIP when:
• the trafficked person is a child;
• there is adoption under RA 8043 (Inter-Country Adoption Act) and
said adoption is for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt
bondage;
• the crime is committed by a syndicate or is large scale;
• the offender is a spouse, ascendant, parent, sibling, guardian or a
person who exercises authority over the trafficked person;
• the offense is committed by a public official or employee;

10. Qualified trafficking shall be penalized by life imprisonment and a
fine of not less than 2 million but not more than 5 million pesos.
• the trafficked person is recruited to engage in prostitution with any
member of the military or law enforcement agencies;
• the offender is a member of the military or law enforcement agencies;
• he trafficked person died, became insane, suffered mutilation or got
infected with HIV/AIDS;
• the offender commits one or more acts of TIP over a period of 60 or more
days; and
• the offender directs or through another manages the trafficking victim the
offender directs or through another manages the trafficking victim

11. 5. Attempted TIP
-where there are acts to initiate the commission of a trafficking offense
but the offender failed to or did not execute all the elements of the
crime, by accident or by reason of some cause other than voluntary
desistance, such overt acts shall be deemed as an attempt to commit
an act of TIP. In cases where the victim is a child, any of the following
acts shall also be deemed as attempted TIP:
• facilitating the travel of a child who travels alone to a foreign country
or territory without valid reason and without the required clearance
or permit from the DSWD, or a written permit or justification from
the child’s parent or legal guardian;

12. Any person found guilty of committing attempted TIP shall
be penalized with imprisonment of 15 years and a fine of
not less than 500 thousand but not more than 1 million
pesos.
• executing, for a consideration, an affidavit of consent or a
written consent for adoption;
• recruiting a woman to bear a child for the purpose of selling the
child; • simulating a birth for the purpose of selling the child; and
• soliciting a child and acquiring the custody thereof through any
means, for the purpose of selling the child.

13. What protection is given to trafficked persons?
1.Legal Protection
2.Free Legal Assistance
3.Right to Privacy and Confidentiality
4.Witness Protection Program
5.Victim Compensation Program

14. Who may file a complaint?
1.The trafficked person or the offended party
2.Spouse
3.Parents or legal guardians
4.Siblings
5.Children
6.Any person who has personal knowledge of the offense

15. How is trafficking in persons different from
illegal recruitment and human smuggling?
Trafficking in
Persons
Illegal Recruitment Human Smuggling
May or may not involve
coercion, fraud, deception,
abuse of vulnerability, etc.
Usually does not involve
coercion but uses more
deception, promises and fraud
Usually does not involve
coercion
Characterized by subsequent
exploitation after the illegal
entry of one person from one
place to another or one
country to another
Characterized by facilitating
entry of one person from one
country to another through an
unorganized or unlicensed
agency
Characterized by facilitating for
a fee, the illegal entry of a
person into a foreign country

16. How is trafficking in persons different from illegal
recruitment and human smuggling?
Trafficking in Persons Illegal Recruitment Human Smuggling
There is a need to prove
the presence of exploitation or
that the recruitment was
facilitated for the purpose of
exploitation Mere
recruitment without license is
punishable, no need to prove
the consequential exploitation
Proof of illegal entry by non-
compliance with the necessary
requirements
There is a need to prove
the presence of exploitation or
that the recruitment was
facilitated for the purpose of
exploitation Mere
recruitment without license is
punishable, no need to prove
the consequential exploitation
Proof of illegal entry by non-
compliance with the necessary
requirements
There is a need to prove
the presence of exploitation or
that the recruitment was
facilitated for the purpose of
exploitation Mere
recruitment without license is
punishable, no need to prove
the consequential exploitation
Proof of illegal entry by non-
compliance with the necessary
requirements

17. How is trafficking in persons different from illegal
recruitment and human smuggling?
Trafficking in Persons Illegal Recruitment Human Smuggling
Considered a human
rights issue
Considered a migration
concern
Considered a migration
concern

18. Where to call for help?
• Inter-Agency Council Against Trafficking (IACAT)
• Department of Justice
• Department of Social Welfare and Development
• Philippine National Police
• Women and Children’s Protection Center
• National Bureau of Investigation
• Bureau of Immigration
• Philippine Overseas Employment Administration
For Filipinos Overseas: Philippine Embassy/Consulate which has jurisdiction over
the place where the trafficking occurred or where the trafficked person is.

19. People v. Sayo y Reyes
G.R. No. 227704, April 10, 2019
CAGUIOA, J.:
Facts:
The combined testimonies of AAA, BBB, and CCC known as the "plaza girls"
disclosed that several months, these "plaza girls" have been under the control
and supervision of SAYO as commercial sex workers. AAA testified in open court
that she was only fifteen (15) years old at the time she began working for SAYO.
Same is true with BBB who testified that she was a minor during their rescue.
Issue:
Whether or not the accused committed crime of GUILTY of ACTS
THAT PROMOTE TRAFFICKING IN PERSONS under Section 5(a) of
Republic Act No. 9208, as amended.

20. Ruling:
Yes. There are four punishable acts under RA 9208: (1) Acts of Trafficking in Persons under Section
4;28 (2) Acts that Promote Trafficking in Persons under Section 5; (3) Violation of the
Confidentiality Rule under Section 7 in relation to Section 10(d); and (4) Use of Trafficked Persons
under Section 11. Acts that Promote Trafficking in Persons, which promote or facilitate trafficking in
persons, shall be unlawful such as to knowingly lease or sublease, use or allow to be used any
house, building or establishment for the purpose of promoting trafficking in persons.
In the instant case, while the Information alleged that Roxas "received and harbored" AAA, BBB,
and CCC, it was not proven during the trial that Roxas directly participated in their prostitution or
solicited or assigned customers for them. However, his act of renting out a room in his house
promoted and facilitated their prostitution. Roxas profited from the rental of the room and his
actions are just as deplorable. Therefore, the accused committed crime of GUILTY of ACTS THAT
PROMOTE TRAFFICKING IN PERSONS under Section 5(a) of Republic Act No. 9208, as amended.

21. People of the Philippines v. Shirley Casio
G.R. No. 211465, December 03, 2014, (Leonen, J.)

22. Facts:
• International Justice Mission (IJM) coordinated with the
police in order to entrap persons engaged in human
trafficking in Cebu City. A team of police operatives were
designated as decoys, pretending to be tour guides looking
for girls to entertain their guests.
• The team went to Queensland Motel and rented Rooms 24
and 25. These rooms were adjacent to each other. Room 24
was designated for the transaction while Room 25 was for
the rest of the police team.
• The team proceeded to D. Jakosalem Street in Barangay
Kamagayan, Cebu City’s red light district. Shirley Casio
noticed them and called their attention by saying “Chicks
mo dong?” (Do you like girls, guys?). The police operatives
told Casio that they have a guests waiting in the hotel.

23. • After a few minutes, accused returned with AAA and BBB, the
team convinced Casio to come with them to Queensland
Motel and was soon arrested by police operatives.
• The trial court found Casio guilty of violating R.A. 9208,
otherwise known as the “Anti-Trafficking in Persons Act of
2003.”
• Casio argues that there was no valid entrapment. Instead, she
was instigated into committing the crime. The police did not
conduct prior surveillance and did not even know who their
subject was. She denied being a pimp and asserted that she
was a laundrywoman.
• In addition, AAA admitted that she worked as a prostitute and
she was only 17 years old when peddled her. Thus, it was her
decision to display herself to solicit customers.

24. Issue/s:
• 1. Is the entrapment of Casio valid?
• 2. Is Casio liable under of R.A. 9208?

25. Ruling:
• 1.) There is a valid entrapment
• There is entrapment when law officers employ ruses and schemes
to ensure the apprehension of the criminal while in the actual
commission of the crime. There is instigation when the accused is
induced to commit the crime. The difference in the nature of the
two lies in the origin of the criminal intent. In entrapment, the mens
rea originates from the mind of the criminal. The idea and the
resolve to commit the crime come from him. In instigation, the law
officer conceives the commission of the crime and suggests to the
accused who adopts the idea and carries it into execution.
• As testified by the police operatives, Casio called out their attention
by saying “Chicks mo dong?” If accused had no predisposition to
commit the offense, then she most likely would not have asked the
police operatives if they wanted girls.

26. • As defined under Section 3(a) of Republic Act No. 9208, trafficking in persons can
still be committed even if the victim gives consent.
• SEC. 3. Definition of Terms. — As used in this Act
a. Trafficking in Persons - refers to the recruitment, transportation, transfer or harboring, or
receipt of persons with or without the victim's consent or knowledge, within or across national
borders by means of threat or use of force, or other forms of coercion, abduction, fraud,
deception, abuse of power or of position, taking advantage of the vulnerability of the persons, 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.
The recruitment transportation, transfer, harboring or receipt of a child for the purpose of
exploitation shall also be considered as “trafficking in persons” even if it does not involve any of
the means set forth in the preceding paragraph.
• The victim’s consent is rendered meaningless due to the coercive, abusive, or
deceptive means employed by perpetrators of human trafficking. Even without the
use of coercive, abusive, or deceptive means, a minor’s consent is not given out of
his or her own free will.

27. • 2.) Casio is liable under R.A No. 9208
• Section 4 of Republic Act No. 9208 enumerates the different acts of
trafficking in persons. Accused was charged under Section 4(a),
which states:
SEC. 4. Acts of Trafficking in Persons. — It shall be unlawful for any
person, natural or judicial, to commit any of the following acts.
a. To recruit, transport, transfer, harbor, provide, or receive a person by
any means, including those done under the pretext of domestic or
overseas employment or training or apprenticeship, for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
• Republic Act No. 9208 further enumerates the instances when the
crime of trafficking in persons is qualified.
SEC. 6. Qualified Trafficking in Persons. — The following are considered
as qualified trafficking:
a. When the trafficked person is a child;