Section 8

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Criminal liability Human trafficking

Section 8 authorises the victim, as well as the victim’s family and his or her legal guardian, to file a complaint for human trafficking.

Notes

Section 8 authorises a number of persons to file a complaint for trafficking. The rationale of this provision is that these persons may have personal knowledge of the commission of an offence under the Anti-Trafficking Act. Section 8 provides that the persons who may file a complaint are: the trafficked person and his or her parents, spouse, siblings, children or legal guardian.

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Section 8. Prosecution of Cases.

Any person who has personal knowledge of the commission of any offense under this Act, the trafficked person, the parents, spouse, siblings, children or legal guardian may file a complaint for trafficking.

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”.