Corporate criminal liability Criminal liability Economic sanctions Human trafficking Proceeds of crime
Section 14 provides for the confiscation and forfeiture of the proceeds of human trafficking crimes, provided that awards for damages to victims shall be taken from the personal properties of the perpetrator, and that if such assets are insufficient, the difference must be taken from the confiscated / forfeited assets.
Section 14. Confiscation and Forfeiture of the Proceeds and Instruments Derived from Trafficking in Persons.
In addition to the penalty imposed for the violation of this Act, the court shall order the confiscation and forfeiture, in favor of the government, of all the proceeds and properties derived from the commission of the crime, unless they are the property of a third person not liable for the unlawful act; Provided, however, That all awards for damages shall be taken from the personal and separate properties of the offender; Provided, further, That if such properties are insufficient, the balance shall be taken from the confiscated and forfeited properties.
When the proceeds, properties and instruments of the offense have been destroyed, diminished in value or otherwise rendered worthless by any act or omission, directly or indirectly, of the offender, or it has been concealed, removed, converted or transferred to prevent the same from being found or to avoid forfeiture or confiscation, the offender shall be ordered to pay the amount equal to the value of the proceeds, property or instruments of the offense.”
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”.