Anti-Trafficking Act of the Philippines

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CONGRESS OF THE PHILIPPINES FIFTEENTH CONGRESS Third Regular Session

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H. No. 6339

HOUSE OF REPRESENTATIVES

BY REPRESENTATIVES SARMIENTO (M.), TEVES, CALIXTO-RUBIANO, YAP (S.), CRUZ-GONZALES, PACQUIAO, BELLO, CLIMACO, RODRIGUEZ (M.), NOGRALES, DEL MAR, AUMENTADO, MARCOLETA, RODRIGUEZ (R.), SARMIENTO (C.), TEODORO, ROMUALDO, VILLARICA, TAÑADA, ANGPING, GARCIA-ALBANO AND PRIMICIAS-AGABAS, PER COMMITTEE REPORT NO. 2255 AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED “AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER PURPOSES” Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1. This Act shall be known as the “Expanded AntiTrafficking in Persons Act of 2012”. SEC. 2. Sections 2, 3 and 4 of Republic Act No. 9208 are hereby amended to read as follows: “SEC. 2. Declaration of Policy. – It is hereby declared that the State values the dignity of every human person and

2 guarantees the respect of individual rights. In pursuit of this policy, the State shall give highest priority to the enactment of measures and development of programs that will promote human dignity, protect the people from any threat of violence and exploitation, eliminate trafficking in persons, and mitigate pressures for involuntary migration and servitude of persons, not only to support trafficked persons but more importantly, to ensure their recovery, rehabilitation and reintegration into the mainstream of society. “It shall be a State policy to recognize the equal rights and inherent human dignity of women and men as enshrined in the United Nations Universal Declaration on Human Rights, UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF

DISCRIMINATION AGAINST WOMEN, United Nations

Convention on the Rights of the Child, United Nations Convention on the Protection of Migrant Workers and their Families, United Nations Convention Against Transnational Organized Crime Including its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and all other relevant and universally accepted human rights instruments and other international conventions to which the Philippines is a signatory.” “SEC. 3. “(a) Definition of Terms. – As used in this Act: 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

3 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 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.] “(1) HARBORING,

ANY

ACT

OF

RECRUITING, OFFERING,

OBTAINING, PROVIDING,

MAINTAINING,

TRANSPORTING OR TRANSFERRING ANY NATURAL PERSON WITH OR WITHOUT THE VICTIM’S CONSENT OR KNOWLEDGE , WITHIN OR ACROSS NATIONAL BORDERS;

“(2)

ANY ACT OF INTIMIDATION OR THREAT , USE OF
BONDAGE, ABUSE OF

FORCE OR OTHER FORMS OF COERCION, ABDUCTION, FRAUD, DECEPTION, DEBT POWER OR OF

POSITION OR OF LEGAL PROCESS, TAKING ADVANTAGE OF THE VULNERABILITY OF THE PERSON, OR THE GIVING OR

RECEIVING OF PAYMENTS OR BENEFITS TO ACHIEVE...
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