Section 5

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Coercive, unfair or deceptive recruitment Criminal liability Group or joint liability Human trafficking Proceeds of crime Retention of travel and identification documents

Section 5 criminalises a number of acts that ‘promote trafficking in persons’. These include, among others: producing or forging government issued certificates and registration stickers; assisting in misrepresentation or fraud for the purpose of acquiring the necessary clearances and exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons; confiscating, concealing or destroying the passport or travel documents or belongings of trafficked persons; and importantly knowingly benefitting from, financially or otherwise, or making use of, the labor or services of a person held to a condition of involuntary servitude, forced labor, or slavery.

Notes

Section 10(b) provides the penalties for the crime of promoting trafficking in persons: 15 years’ imprisonment and a fine of between 500,000 and 1,000,000 pesos.

If the crime is committed by a corporation, the provisions under 10(e) and 10(f) will apply: Section 10(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; and Section 10(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.

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Section 5. Acts that Promote Trafficking in Persons.

The following acts which promote or facilitate trafficking in persons, shall be unlawful:

(a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in persons;

(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and pre-departure requirements for the purpose of promoting trafficking in persons;

(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in persons;

(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons;

(e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons;

(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government or appropriate agencies; and

(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of involuntary servitude, forced labor, or slavery.

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”.