TWELFTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
Second Regular Session
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. Title. -
This Act shall be known as the "Anti-Trafficking in Persons Act of 2003".
SEC. 2. Declaration of
Policy. - It is hereby declared that the State values the dignity of
every human person and 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 r L man dignity of women and men
as enshrined in the United Nations Universal Declaration on Human Rights,
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. Definition of
Terms - As used in this Act
(a) 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 o force, or
other forms of coercion, abduction, fraud, deception, abuse of power 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.
(b) Child - refers to a
person below eighteen (18) years of age or one who is over eighteen (18)
but is unable to fully take care of or protect himself/herself from abuse,
neglect, cruelty, exploitation, or discrimination because of a physical or
mental disability or condition.
(c) Prostitution - refers to
any act, transaction, scheme or design involving the use of a person by
another, for sexual intercourse or lascivious conduct in exchange for
money, profit or any other consideration.
(d) Forced Labor and Slavery
- refer to the extraction of work or services from any person by means of
enticement, violence, intimidation or threat, use of force or coercion,
including deprivation of freedom, abuse of authority or moral ascendancy,
debt-bondage or deception.
(e) Sex Tourism - refers to a
program organized by travel and tourism-related establishments and
individuals which consists of tourism packages or activities utilizing and
offering escort and sexual services as enticement for tourists. This
includes sexual services and practices offered during rest and recreation
periods for members of the military.
(f) Sexual Exploitation -
refers to participation by a person in prostitution or the production of
pornographic materials as a result of being subjected to a threat,
deception, coercion, abduction, force, abuse of authority, debt bondage,
fraud or through abuse of a victim's vulnerability.
(g) Debt Bondage - refers to
the pledging by the debtor of his/her personal services or labor or those
of a person under his/her control as security or payment for a debt, when
the length and nature of services is not clearly defined or when the value
of the services as reasonably assessed is not applied toward the
liquidation of the debt.
(h) Pornography - refers to
any representation, through publication, exhibition, cinematography,
indecent shows, information technology, or by whatever means, of a person
engaged in real or simulated explicit sexual activities or any
representation of the sexual parts of a person for primarily sexual
purposes.
(i) Council - shall mean the
Inter-Agency Council Against Trafficking created under Section 20 of this
Act.
SEC. 4. Acts of
Trafficking in Persons. - It shall be unlawful for any person, natural
or juridical, to commit any of the following acts:
(a) To recruit, transport,
transfer, harbor, provide, or receive a person by any means, including
those done under the pretext of domestic or overseas employment or
training or apprenticeship, for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;
(b) To introduce or match for
money, profit, or material, economic or other consideration, any person
or, as provided for under Republic Act No. 69585, any Filipino woman to a
foreign national, for marriage for the purpose of acquring, buying,
offering, selling or trading him/her to engage in prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
(c) To offer or contract
marriage, real or simulated, for the purpose of acquiring, buying,
offering, selling, or trading them to engage in prostitution, pornography,
sexual exploitation, forced labor or slavery, involuntary servitude or
debt bondage.
(d) To undertake or organize
tours and travel plans consisting of tourism packages or activities for
the purpose of utilizing and offering persons for prostitution,
pornography or sexual exploitation;
(e) To maintain or hire a
person to engage in prostitution or pornography;
(f) To adopt or facilitate
the adoption of persons for the purpose of prostitution, pornography,
sexual exploitation, forced-labor, slavery, involuntary servitude or debt
bondage;
(g) To recruit, hire, adopt,
transport or abduct a person, by means of threat or use of force, fraud,
deceit, violence, coercion, or intimidation for the purpose of removal or
sale of organs of said person;
(h) To recruit, transport or
adopt a child to engage in armed activities in the Philippines or abroad.
SEC. 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 of 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 requirement 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 moans, 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 he
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.
SEC. 6. Qualified
Trafficking in Persons. - The following are considered as qualified
trafficking:
(a) When the trafficked
person is a child;
(b) When the adoption is
effected through Republic Act No. 8043, otherwise known as the
"Inter-Country Adoption Act of 1995" and said adoption is for the purpose
of prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(c) When the crime is
committed by a syndicate, or in large scale. Trafficking is deemed
committed by a syndicate if carried out by a group of three (3) or more
persons conspiring or confederating with another. It is deemed committed
in large scale if committed against three (3) or more per ;ms,
individually or as a group;
(d) When the offender is an
ascendant, parent, sibling, guardian or a person who exercises authority
over the trafficked person or when the offense is committed by a public
officer or employee;
(e) When the trafficked
person is recruited to engage in prostitution with any member of the
military or law enforcement agencies;
(f) When the offender is a
member of the military or law enforcement agencies; and
(g) When by reason or on
occasion of the act of trafficking in persons the offended party dies,
becomes insane, suffers mutilation or is afflicted with Human
Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome
(AIDS).
EC. 7. Confidentiality.
- At any stage of the investigation, prosecution and trial of an offense
under this Act, law enforcement officers, prosecutors, judges, court
personnel and medical practitioners, as well as parties to the case, shall
recognize the right to privacy of the trafficked person and the accused.
Towards this end, law enforcement officers, prosecutors and judges to whom
the complaint has been referred may, whenever necessary to ensure a fair
and impartial proceeding, and after considering all circumstances for the
best interest of the parties, order a closed-door investigation,
prosecution or trial. The name and personal circumstances of the
trafficked person or of the accused, or any other information tending to
establish their identities and such circumstances or information shall not
be disclosed to the public.
In cases when prosecution or
trial is conducted behind closed-doors, it shall be unlawful for any
editor, publisher, and reporter or columnist in case of printed materials,
announcer or producer in case of television and radio, producer and
director of a film in case of the movie industry, or any person utilizing
tri-media facilities or information technology to cause publicity of any
case of trafficking in persons.
SEC. 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.
SEC. 9. Venue.- A
criminal action arising from violation of this Act shall be filed where
the offense was committed, or where any of its elements occurred, or where
the trafficked person actually resides at the time of the commission of
the offense: Provided, That the court where the criminal action is first
filed shall acquire jurisdiction to the exclusion of other courts.
SEC. 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 (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 establishment 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.
SEC. 11. Use of Trafficked
Persons. - Any person who bays or engages the services of trafficked
persons for prostitution shall be penalized as follows:
(a) First offense - six (6)
months of community service as may be determined by the court and a fine
of Fifty thousand pesos (P50,000.00); and
(b) Second and subsequent
offenses - imprisonment of one (1) year and a fine of One hundred thousand
pesos (P100,000.00).
SEC. 12. Prescriptive
Period. - Trafficking cases under this Act shall prescribe in ten (10)
years: Provided, however, That trafficking cases committed by a syndicate
or in a large scale as defined under Section 6 shall prescribe in twenty
(20) years. Provided, however; That trafficking cases committed by
a syndicate or in a large scale as defined under Section 6 shall prescribe
in twenty (20) years.
The prescriptive period shall
commence to run from the day on which the trafficked person is delivered
or released from the conditions of bondage and shall be interrupted by the
filing of the complaint or information and shall commence to run again
when such proceedings terminate without the ac( used being convicted or
acquitted or are unjustifiably stopped for any reason not imputable to the
accused.
SEC. 13. Exemption from
Filing Fees. - When the trafficked person institutes a separate civil
action for the recovery of civil damages, he/she shall be exempt from the
payment of filing fees.
SEC. 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.
SEC. 15. Trust Fund. -
All fines imposed under this Act and the proceeds and properties forfeited
and confiscated pursuant to Section 14 hereof shall accrue to a Trust Fund
to be administered and managed by the Council to be used exclusively for
programs that will prevent acts of trafficking and protect, rehabilitate,
reintegrate trafficked persons into the mainstream of society. Such
programs shall include, but not limited to, the following:
(a) Provision for mandatory
services set forth in Section 23 of this Act;
(b) Sponsorship of a national
research program on trafficking and establishment of a data collection
system for monitoring and evaluation purposes;
(c) Provision of necessary
technical and material support services to appropriate government agencies
and non-government organizations (NGOs);
(d) Sponsorship of
conferences and seminars to provide venue for consensus building amongst
the public, the academe, government, NGO and international organizations;
and
(e) Promotion of information
and education campaign on trafficking.
SEC. 16. Programs that
Address Trafficking in Persons. ? The government shall establish and
implement preventive, protective and implement preventive, protective and
rehabilitative programs for trafficked persons. For this purpose, the
following agencies are hereby mandated to implement the following
programs:
(a) Department of Foreign
Affairs (DFA) - shall make available its resources and facilities overseas
for trafficked persons regardless of their manner of entry to the
receiving country, and explore means to further enhance its assistance in
eliminating trafficking activities through closer networking with
government agencies in the country and overseas, particularly in the
formulation of policies and implementation of relevant programs.
The DFA shall take necessary
measures for the efficient implementation of the Machine Readable
Passports to protect the integrity of Philippine passports, visas and
other travel documents to reduce the incidence of trafficking through the
use of fraudulent identification documents.
It shall establish and
implement a pre-marriage, on-site and pre-departure counseling program on
intermarriages.
(b) Department of Social Welfare and Development (DSWD) shall implement
rehabilitative and protective programs for trafficked persons. It shall
provide counseling and temporary shelter to trafficked persons and develop
a system for accreditation among NGOs for purposes of establishing centers
and programs for intervention in various levels of the community.
(c) Department of Labor and Employment (DOLE) - shall ensure the strict
implementation and compliance with the rules and guidelines relative to
the employment of persons locally and overseas. It shall likewise monitor,
document and report cases of trafficking in persons involving employers
and labor recruiters.
(d) Department of Justice
(DOJ) - shall ensure the prosecution of persons accused of trafficking and
designate and train special prosecutors who shall handle and prosecute
cases of trafficking. It shall also establish a mechanism for free legal
assistance for trafficked persons in coordination with the DSWD,
Integrated Bar of the Philippines (IBP) and other NGOs and volunteer
groups.
(e) National Commission on
the Role of Filipino Women (NCRFW) shall actively participate and
coordinate in the formulation and monitoring of policies addressing the
issue of trafficking in persons in coordination with relevant government
agencies. It shall likewise advocate for the inclusion of the issue of
trafficking in persons in both its local and international advocacy for
women's issues.
(f) Bureau of Immigration
(BI) - shall strictly administer and enforce immigration and alien
administration laws. It shall adopt measures for the apprehension of
suspected traffickers both at the place of arrival and departure and shall
ensure compliance by the Filipino fianc?s/fianc?es and spouses of foreign
nationals with the guidance and counseling requirement as provided for in
this Act.
(g) Philippine National
Police (PNP) ? shall be the primary law enforcement agency to undertake
surveillance, investigation and arrest of individuals or persons suspected
to be engaged in trafficking. It shall closely coordinate with various law
enforcement agencies to secure concerted efforts for effective
investigation and apprehension of suspected traffickers. It shall also
establish a system to receive complaints and calls to assist trafficked
persons and conduct rescue operations.
(h) Philippine Overseas
Employment Administration (POEA) - shall implement an effective
pre-employment orientation seminars and pre-departure counseling programs
to applicants for overseas employment. It shall likewise formulate a
system of providing free legal assistance to trafficked persons.
(i) Department of the
Interior and Local Government (DILG) - shall institute a systematic
information and prevention campaign and likewise maintain a databank for
the effective monitoring, documentation and prosecution of cases on
trafficking in persons.
(j) Local government units (LGUs)
- shall monitor and document cases of trafficking in persons in their
areas of jurisdiction, effect the cancellation of Incenses of
establishments which violate the provisions of this Act and ensure
effective prosecution of such cases. They shall also undertake an
information campaign against trafficking in persons through the
establishment of the Migrants Advisory and Information Network (MAIN)
desks in municipalities or provinces in coordination with DILG, Philippine
Information Agency (PlA), Commission On Filipinos Overseas (CFO), NGOs and
other concerned agencies. They shall encourage and support community based
initiatives which address the trafficking in persons.
In implementing this Act, the
agencies concerned may seek and enlist the assistance of NGOs, people's
organizations (POs), civic organizations and other volunteer groups.
SEC. 17. Legal Protection
to Trafficked Persons. - Trafficked persons shall be recognized as
victims of the act or acts of trafficking and as such shall not be
penalized for crimes directly related to the acts of trafficking
enumerated in this Act or in obedience to the order made by the trafficker
in relation thereto. In this regard, the consent of a trafficked person to
the intended exploitation set forth in this Act shall be irrelevant.
SEC. 18. Preferential
Entitlement Under the Witness Protection Program. ? Any provision of
Republic Act No. 6981 to the contrary notwithstanding, any trafficked
person shall be entitled to the witness protection program provided
therein.
SEC. 19. Trafficked
Persons Who Are Foreign Nationals. - Subject to the guidelines issued
by the Council, trafficked persons in tile Philippines who are nationals
of a foreign country shall also be entitled to appropriate protection,
assistance and services available to trafficked persons under this Act;
Provided, That they shall be permitted continued in the Philippines
for a length of time prescribed by the Council as necessary to effect the
prosecution of offenders.
SEC. 20. Inter-Agency
Council Against Trafficking. - There is hereby established an
Inter-Agency Council Against Trafficking, to be composed of the Secretary
of the Department of Justice as Chairperson and the Secretary of the
Department of Social Welfare and Development as Co-Chairperson and shall
have the following as members:
(a) Secretary, Department of
Foreign Affairs;
(b) Secretary, Department of
Labor and Employment;
(c) Administrator, Philippine
Overseas Employment Administration;
(d) Commissioner, Bureau of
Immigration;
(e) Director-General,
Philippine National Police;
(f) Chairperson, National
Commission on the Role of Filipino Women;
(g) Three (3) representatives
from NGOs, who shall be composed of one (1) representative each from among
the sectors representing women, overseas Filipino workers (OFWs) and
children, with a proven record of involvement in the prevention and
suppression of trafficking in persons. These representatives shall be
nominated by the government agency representatives of the Council, for
appointment by the President for a term of three (3) years.
The members of the Council
may designate their permanent representatives who shall have a rank not
lower than an assistant secretary on its equivalent to meetings, and shall
receive emoluments as may be determined by the Council in accordance with
existing budget and accounting rules and regulations.
SEC. 21. Functions of the
Council. - The Council shall have the following powers and functions:
(a) Formulate a comprehensive
and integrated program to prevent and suppress the trafficking in persons;
(b) Promulgate rules and
regulations as may be necessary for the effective implementation of this
Act;
(c) Monitor and oversee the
strict implementation of this Act;
(d) Coordinate the programs
and projects of the various member agencies to effectively address the
issues and problems attendant to trafficking in persons;
(e) Coordinate the conduct of
massive information dissemination and campaign on the existence of the law
and the various issues and problems attendant to trafficking through the
local government units (LGUs), concerned agencies, and NGOs;
(f) Direct other agencies to
immediately respond to the problems brought to their attention and report
to the Council on action taken;
(g) Assist in filing of cases
against individuals, agencies, institutions or establishments that violate
the provisions of this Act;
(h) Formulate a program for
the reintegration of trafficked persons in cooperation with DOLE, DSWD,
Technical Education and Skills Development Authority (TESDA), Commission
on Higher Education (CHED), LGUs and NGOs;
(i) Secure from any
department, bureau, office, agency, or instrumentality of the government
or from NGOs and other civic organizations such assistance as may be
needed to effectively implement this Act;
(j) Complement the shared
government information system for migration established under Republic Act
No. 8042, otherwise known as the "Migrant Workers And Overseas Filipinos
Act of 1995" with data on cases of trafficking in persons, and ensure that
the proper agencies conduct a continuing research and study on the
patterns and scheme of trafficking in persons which shall form the basis
for policy formulation and program direction;
(k) Develop the mechanism to
ensure the timely, coordinated and effective response to cases of
trafficking in persons;
(l) Recommend measures to
enhance cooperative efforts and mutual assistance among foreign countries
through bilateral and/or multilateral arrangements to prevent and suppress
international trafficking in persons;
(m) Coordinate with the
Department of Transportation and Communications (DOTC), Department of
Trade and Industry (DTI), and other NGOs in monitoring the promotion of
advertisement of trafficking in the internet;
(n) Adopt measures and
policies to protect the rights and needs of trafficked persons who are
foreign nationals in the Philippines;
(o) Initiate training
programs in identifying and providing the necessary intervention or
assistance to trafficked persons; and
(p) Exercise all the powers
and perform such other functions necessary to attain the purposes and
objectives of this Act.
SEC. 22. Secretariat to
the Council. - The Department of Justice shall establish the necessary
Secretariat for the Council.
SEC. 23. Mandatory
Services to Trafficked Persons. - To ensure recovery, rehabilitation
and reintegration into the mainstream of society, concerned government
agencies shall make available the following services to trafficked
persons:
(a) Emergency shelter or
appropriate housing;
(b) Counseling;
(c) Free legal services which
shall include information about the Victims' rights and the procedure for
filing complaints, claiming compensation and such other legal remedies
available to them, in a language understood by the trafficked person;
(d) Medical or psychological
services;
(e) Livelihood and skills
training; and
(f) Educational assistance to
a trafficked child.
Sustained supervision and
follow through mechanism that will track the progress of recovery,
rehabilitation and reintegration of the trafficked persons shall be
adopted and carried out.
SEC. 24. Other Services
for Trafficked Persons. ?
(a) Legal Assistance. -
Trafficked persons shall be considered under the category "Overseas
Filipino in Distress" and may avail of the legal assistance created by
Republic Act No. 8042, subject to the guidelines as provided by law.
(b) Overseas Filipino
Resource Centers. - The services available to overseas Filipinos as
provided for by Republic Act No. 8042 shall also be extended to trafficked
persons regardless of their immigration status in the host country.
(c) The Country- Team
Approach. - The country team approach under Executive Order No. 74 of
1993, shall be the operational scheme under which Philippine embassies
abroad shall provide protection to trafficked persons insofar as the
promotion of their welfare, dignity and fundamental rights are concerned.
SEC. 25. Repatriation of
Trafficked Persons. - The DFA, in coordination with DOLE and other
appropriate agencies, shall have the primary responsibility for the
repatriation of trafficked persons, regardless of whether they are
documented or undocumented.
If, however, the repatriation
of the trafficked persons shall expose the victims to greater risks, the
DFA shall make representation with the host government for the extension
of appropriate residency permits and protection, as may be legally
permissible in the host country.
SEC. 26. Extradition.
- The DOJ, in consultation with DFA, shall endeavor to include offenses of
trafficking in persons among extraditable offenses.
SEC. 27. Reporting
Requirements. - The Council shall submit to the President of the
Philippines and to Congress an annual report of the policies, programs and
activities relative to the implementation of this Act.
SEC. 28. Funding. -
The heads of the departments and agencies concerned shall immediately
include in their programs and issue such rules and regulations to
implement the provisions of this Act, the funding of which shall be
included in the annual General Appropriations Act.
SEC. 29. Implementing
Rules and Regulations. - The Council shall promulgate the necessary
implementing rules and regulations within sixty (60) days from the
effectivity of this Act.
SEC. 30. Non-restriction
of Freedom of Speech and of Association, Religion and the Right to Travel.
- Nothing in this Act shall be interpreted as a restriction of the freedom
of speech and of association, religion and t, 11) right to travel for
purposes not contrary to law as guaranteed by the Constitution.
SEC. 31. Separability
Clause. - If, for any reason, any section or provision of this Act is
held unconstitutional or invalid, the other sections or provisions hereof
shall not be affected thereby.
SEC. 32. Repealing Clause.
- All laws, presidential decrees, executive orders and rules and
regulations, or parts thereof, inconsistent with the provisions of this
Act are hereby repealed or modified accordingly: Provided, That this Act
shall not in any way amend or repeal the provision of Republic Act No.
7610, otherwise known as the "Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act".
SEC. 33. Effectivity.
- This Act shall take effect fifteen (15) days from the date of its
complete publication in at least two (2) newspapers or general
circulation.
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