Section 10

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Corporate criminal liability Criminal liability Economic sanctions Human trafficking

Section 10 establishes the penalties to be imposed for the commission of a crime under the Anti-Trafficking Act. It punishes human trafficking with 20 years to life imprisonment, and a significant fine, and the act of promoting human trafficking with 15 years imprisonment an a monetary fine. This section provides that if the offender is a corporation, association, partnership or any other juridical person, the penalty shall be imposed upon the owner, president, partner, manager, and/or any responsible officer who participated in the commission of the crime or who shall have knowingly permitted or failed to prevent its commission. Furthermore, the registration and license to operate of the erring agency, corporation, association, or any other establishment, shall be cancelled and revoked permanently, and the owner, president, partner or manager will be banned from operating similar establishments or organisations.

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Section 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);

(b) Any person found guilty of committing any of the acts enumerated in Section 5 shall suffer the penalty of imprisonment of fifteen (15) 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);

(c) Any person found guilty of qualified trafficking under Section 6 shall suffer the 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);

(d) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of six (6) 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);

(e) If the offender is a corporation, partnership, association, club, establishment or any juridical person, the penalty shall be imposed upon the owner, president, partner, manager, and/or any responsible officer who participated in the commission of the crime or who shall have knowingly permitted or failed to prevent its commission;

(f) The registration with the Securities and Exchange Commission (SEC) and license to operate of the erring agency, corporation, association, religious group, tour or travel agent, club or establishment, or any place of entertainment shall be cancelled and revoked permanently. The owner, president, partner or manager thereof shall not be allowed to operate similar establishments in a different name;

(g) If the offender is a foreigner, he shall be immediately deported after serving his sentence and be barred permanently from entering the country;

(h) Any employee or official of government agencies who shall issue or approve the issuance of travel exit clearances, passports, registration certificates, counseling certificates, marriage license, and other similar documents to persons, whether juridical or natural, recruitment agencies, establishments or other individuals or groups, who fail to observe the prescribed procedures and the requirement as provided for by laws, rules and regulations, shall be held administratively liable, without prejudice to criminal liability under this Act. The concerned government official or employee shall, upon conviction, be dismissed from the service and be barred permanently to hold public office. His/her retirement and other benefits shall likewise be forfeited; and (i) Conviction by final judgment of the adopter for any offense under this Act shall result in the immediate rescission of the decree of adoption.”

Law / Philippines / Anti-Trafficking in Persons Act of 2003 (as amended by RA 10364)

The Anti-Trafficking in Persons Act of 2003 provides the legal framework for the criminalization of human trafficking in the Philippines. The Anti-Trafficking Act provides the definition of human trafficking, and specifies and criminalizes a number of ‘acts of trafficking in persons’, as well as acts that ‘promote trafficking in persons’. The Act specifically prohibits human trafficking for the purposes of forced labour, slavery, debt bondage and involutary servitude, and determines severe penalties, with sentences of up to life imprisonment and a five million pesos fine for those convicted of trafficking. The Act further provides that in cases where the offender is a corporation, partnership, association or any other form of juridical person, the penalty will be imposed upon the owner, president, manager, or any responsible person who participated in the commission of the crime, or who knowingly permitted, or failed to prevent its commission. This Act was amended by RA 10364 “An Act Expanding Republic Act No. 9208”.