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REPUBLIC ACT NO. 10365

AN ACT FURTHER STRENGTHENING THE ANTI-MONEY LAUNDERING LAW, AMENDING FORTHE PURPOSEREPUBLIC ACT NO. 9160,OTHERWISE KNOWN AS THE ANTI-MONEYLAUNDERING ACT OF !001", AS AMENDED

Be it enacted by the Senate and House of Representatives of the Philippines in Congressassembled:

S#$%&'( 1.Section 3(a) of Republic Act No. 9160, as amended, is hereb amended to read asfollo!s"

#(a) $%o&ered persons', natural or uridical, refer to"

#(1) bans, non*bans, +uasi*bans, trust entities, forein e-chane dealers,pa!nshops, mone chaners, remittance and transfer companies and other similarentities and all other persons and their subsidiaries and affiliates super&ised orreulated b the ano Sentral n /ilipinas (S/)

#() insurance companies, pre*need companies and all other persons super&ised orreulated b the 2nsurance %ommission (2%)

#(3) (i) securities dealers, broers, salesmen, in&estment houses and other similarpersons manain securities or renderin ser&ices as in&estment aent, ad&isor, orconsultant, (ii) mutual funds, close*end in&estment companies, common trust funds,and other similar persons, and (iii) other entities administerin or other!ise dealin incurrenc, commodities or financial deri&ati&es based thereon, &aluable obects, cashsubstitutes and other similar monetar instruments or propert super&ised orreulated b the Securities and -chane %ommission (S%)

#(4) e!elr dealers in precious metals, !ho, as a business, trade in precious metals,for transactions in e-cess of 5ne million pesos (/1,000,000.00)

#() e!elr dealers in precious stones, !ho, as a business, trade in precious stones,for transactions in e-cess of 5ne million pesos (/1,000,000.00)

#(6) compan ser&ice pro&iders !hich, as a business, pro&ide an of the follo!inser&ices to third parties" (i) actin as a formation aent of uridical persons (ii) actinas (or arranin for another person to act as) a director or corporate secretar of acompan, a partner of a partnership, or a similar position in relation to other uridicalpersons (iii) pro&idin a reistered office, business address or accommodation,correspondence or administrati&e address for a compan, a partnership or an other

leal person or arranement and (i&) actin as (or arranin for another person toact as) a nominee shareholder for another person and

#(7) persons !ho pro&ide an of the follo!in ser&ices"

(i) manain of client mone, securities or other assets

(ii) manaement of ban, sa&ins or securities accounts
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(iii) orani8ation of contributions for the creation, operation or manaement ofcompanies and

(i&) creation, operation or manaement of uridical persons or arranements,and buin and sellin business entities.

#Not!ithstandin the foreoin, the term $co&ered persons' shall e-cludela!ers and accountants actin as independent leal professionals in relationto information concernin their clients or !here disclosure of information!ould compromise client confidences or the attorne*clientrelationship" Provided, hat these la!ers and accountants are authori8ed topractice in the /hilippines and shall continue to be subect to the pro&isionsof their respecti&e codes of conduct and:or professional responsibilit or anof its amendments.#

S#$%&'( !.Section 3(i) of the same Act is hereb amended to read as follo!s"

#(i) $;nla!ful acti&it' refers to an act or omission or series or combination thereof in&ol&in

or ha&in direct relation to the follo!in"

#(1) anerous >rus Act of 00

#(3) Section 3 pararaphs , %, , ?, @ and 2 of Republic Act No. 3019, as amended,other!ise no!n as the Anti*?raft and %orrupt /ractices Act

#(4) /lunder under Republic Act No. 70=0, as amended

#() Robber and e-tortion under Articles 94, 9, 96, 99, 300, 301 and 30 ofthe Re&ised /enal %ode, as amended

#(6) ueten and Basiao punished as illeal amblin under /residential >ecree No.160

#(7) /irac on the hih seas under the Re&ised /enal %ode, as amended and/residential >ecree No. 3

#(=) Cualified theft under Article 310 of the Re&ised /enal %ode, as amended

#(9) S!indlin under Article 31 and 5ther Dorms of S!indlin under Article 316 ofthe Re&ised /enal %ode, as amended

#(10) Smulin under Republic Act Nos. 4 and 1937

#(11) Eiolations of Republic Act No. =79, other!ise no!n as the lectronic%ommerce Act of 000


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#(1) @iacin and other &iolations under Republic Act No. 63 destructi&e arsonand murder, as defined under the Re&ised /enal %ode, as amended

#(13) errorism and conspirac to commit terrorism as defined and penali8ed underSections 3 and 4 of Republic Act No. 937

#(14) Dinancin of terrorism under Section 4 and offenses punishable under Sections, 6, 7 and = of Republic Act No. 1016=, other!ise no!n as the errorism Dinancin/re&ention and Suppression Act of 01"

#(1) riber under Articles 10, 11 and 11*A of the Re&ised /enal %ode, asamended, and %orruption of /ublic 5fficers under Article 1 of the Re&ised /enal%ode, as amended

#(16) Drauds and 2lleal -actions and ransactions under Articles 13, 14, 1 and16 of the Re&ised /enal %ode, as amended

#(17) Bal&ersation of /ublic Dunds and /ropert under Articles 17 and of the

Re&ised /enal %ode, as amended

#(1=) Doreries and %ounterfeitin under Articles 163, 166, 167, 16=, 169 and 176 ofthe Re&ised /enal %ode, as amended

#(19) Eiolations of Sections 4 to 6 of Republic Act No. 90=, other!ise no!n as theAnti*rafficin in /ersons Act of 003

#(0) Eiolations of Sections 7= to 79 of %hapter 2E, of /residential >ecree No. 70,other!ise no!n as the Re&ised Dorestr %ode of the /hilippines, as amended

#(1) Eiolations of Sections =6 to 106 of %hapter E2, of Republic Act No. =0,

other!ise no!n as the /hilippine Disheries %ode of 199=

#() Eiolations of Sections 101 to 107, and 110 of Republic Act No. 794, other!iseno!n as the /hilippine Binin Act of 199

#(3) Eiolations of Section 7(c), (e), (f), () and (i), of Republic Act No. 9147,other!ise no!n as the Fildlife Resources %onser&ation and /rotection Act

#(4) Eiolation of Section 7(b) of Republic Act No. 907, other!ise no!n as theNational %a&es and %a&e Resources Banaement /rotection Act

#() Eiolation of Republic Act No. 639, other!ise no!n as the Anti*%arnappin

Act of 00, as amended

#(6) Eiolations of Sections 1, 3 and of /residential >ecree No. 1=66, as amended,other!ise no!n as the decree %odifin the Ga!s on 2lleal:;nla!ful /ossession,Banufacture, >ealin 2n, Ac+uisition or >isposition of Direarms, Ammunition or-plosi&es

#(7) Eiolation of /residential >ecree No. 161, other!ise no!n as the Anti*DencinGa!


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#(=) Eiolation of Section 6 of Republic Act No. =04, other!ise no!n as theBirant Forers and 5&erseas Dilipinos Act of 199, as amended b Republic ActNo. 100

#(9) Eiolation of Republic Act No. =93, other!ise no!n as the 2ntellectual/ropert %ode of the /hilippines

#(30) Eiolation of Section 4 of Republic Act No. 999, other!ise no!n as the Anti*/hoto and Eideo Eoeurism Act of 009

#(31) Eiolation of Section 4 of Republic Act No. 977, other!ise no!n as the Anti*%hild /ornoraph Act of 009

#(3) Eiolations of Sections , 7, =, 9, 10(c), (d) and (e), 11, 1 and 14 of RepublicAct No. 7610, other!ise no!n as the Special /rotection of %hildren Aainst Abuse,-ploitation and >iscrimination

#(33) Draudulent practices and other &iolations under Republic Act No. =799,

other!ise no!n as the Securities Reulation %ode of 000 and

#(34) Delonies or offenses of a similar nature that are punishable under the penalla!s of other countries.#

S#$%&'( 3.Section 3 of the same Act shall ha&e ne! pararaphs () and ().

#() /recious metals' shall mean old, sil&er, platinum, palladium, rhodium, ruthenium, iridiumand osmium. hese include allos of precious metals, solders and platin chemicals such asrhodium and palladium platin solutions and potassium old canide and potassium sil&ercanide and sil&er canide in salt solution.

#() $/recious stones' shall mean diamond, rub, emerald, sapphire, opal, amethst, berl,topa8, and arnet that are used in e!elr main, includin those formerl classified assemi*precious stones.#

S#$%&'( ).Section 4 of the same Act is hereb amended to read as follo!s"

#S%. 4. Money Laundering ffense! " Bone launderin is committed b an person !ho,no!in that an monetar instrument or propert represents, in&ol&es, or relates to theproceeds of an unla!ful acti&it"

#(a) transacts said monetar instrument or propert

#(b) con&erts, transfers, disposes of, mo&es, ac+uires, possesses or uses saidmonetar instrument or propert

#(c) conceals or disuises the true nature, source, location, disposition, mo&ement oro!nership of or rihts !ith respect to said monetar instrument or propert

#(d) attempts or conspires to commit mone launderin offenses referred to inpararaphs (a), (b) or (c)


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#(e) aids, abets, assists in or counsels the commission of the mone launderinoffenses referred to in pararaphs (a), (b) or (c) abo&e and

#(f) performs or fails to perform an act as a result of !hich he facilitates the offenseof mone launderin referred to in pararaphs (a), (b) or (c) abo&e.

#Bone launderin is also committed b an co&ered person !ho, no!in that a co&ered orsuspicious transaction is re+uired under this Act to be reported to the Anti*Bone Gaunderin%ouncil (ABG%), fails to do so.#

S#$%&'( 5.Section 6(a) of the same Act is hereb amended to read as follo!s"

#S%. 6. Prosecution of Money Laundering!H

#(a) An person ma be chared !ith and con&icted of both the offense of monelaunderin and the unla!ful acti&it as herein defined.

#(b) he prosecution of an offense or &iolation under this Act shall proceed

independentl of an proceedin relatin to the unla!ful acti&it.#

S#$%&'( 6.Section 7 of the same Act is hereb amended to read as follo!s"

#S%. 7. Creation of #nti$Money Laundering Council %#MLC&! " he Anti*Bone Gaunderin%ouncil is hereb created and shall be composed of the ?o&ernor of the ano Sentral n/ilipinas as %hairman, the %ommissioner of the 2nsurance %ommission and the %hairman ofthe Securities and -chane %ommission, as members. he ABG% shall act unanimousl inthe dischare of its functions as defined hereunder"

#- - -

#(6) to appl before the %ourt of Appeals, e' parte, for the free8in of an monetarinstrument or propert alleed to be laundered, proceeds from, or instrumentalities used in orintended for use in an unla!ful acti&it as defined in Section 3(i) hereof

#- - -

#(1) to re+uire the Gand Reistration Authorit and all its Reistries of >eeds to submit tothe ABG%, reports on all real estate transactions in&ol&in an amount in e-cess of Di&ehundred thousand pesos (/00,000.00) !ithin fifteen (1) das from the date of reistrationof the transaction, in a form to be prescribed b the ABG%. he ABG% ma also re+uire theGand Reistration Authorit and all its Reistries of >eeds to submit copies of rele&antdocuments of all real estate transactions.#

S#$%&'( *.Section 9(c), pararaphs 1 and 4 of the same Act are hereb amended to read asfollo!s"

#S%. 9. Prevention of Money Laundering( Customer )dentification Re*uirements andRecord +eeping!H

#(a) - - -


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#(b) - - -

#(c) Reportin of %o&ered and Suspicious ransactions. H %o&ered persons shall report tothe ABG% all co&ered transactions and suspicious transactions !ithin fi&e () !orin dasfrom occurrence thereof, unless the ABG% prescribes a different period not e-ceedin fifteen(1) !orin das.

#Ga!ers and accountants actin as independent leal professionals are not re+uired toreport co&ered and suspicious transactions if the rele&ant information !as obtained incircumstances !here the are subect to professional secrec or leal professional pri&ilee.

#- - -

#- - -

#Fhen reportin co&ered or suspicious transactions to the ABG%, co&ered persons and theirofficers and emploees are prohibited from communicatin, directl or indirectl, in anmanner or b an means, to an person or entit, the media, the fact that a co&ered or

suspicious transaction has been reported or is about to be reported, the contents of thereport, or an other information in relation thereto. Neither ma such reportin be publishedor aired in an manner or form b the mass media#, electronic mail, or other similar de&ices.2n case of &iolation thereof, the concerned officer and emploee of the co&ered person andmedia shall be held criminall liable.#

S#$%&'( +.Section 10 of the same Act, as amended b Republic Act No. 10167, is hereb amendedto read as follo!s"

#S%. 10. ree-ing of Monetary )nstrument or Property! " ;pon a &erified e' parte petitionb the ABG% and after determination that probable cause e-ists that an monetarinstrument or propert is in an !a related to an unla!ful acti&it as defined in Section 3(i)

hereof, the %ourt of Appeals ma issue a free8e order !hich shall be effecti&e immediatel,and !hich shall not e-ceed si- (6) months dependin upon the circumstances of thecase" Provided, hat if there is no case filed aainst a person !hose account has beenfro8en !ithin the period determined b the court, the free8e order shall be deemed ipsofacto lifted"Provided, further, hat this ne! rule shall not appl to pendin cases in thecourts. 2n an case, the court should act on the petition to free8e !ithin t!ent*four (4)hours from filin of the petition. 2f the application is filed a da before a non!orin da, thecomputation of the t!ent*four (4)*hour period shall e-clude the non!orin das.

#A person !hose account has been fro8en ma file a motion to lift the free8e order and thecourt must resol&e this motion before the e-piration of the free8e order.

#No court shall issue a temporar restrainin order or a !rit of inunction aainst an free8eorder, e-cept the Supreme %ourt.#

S#$%&'( 9.Section 1 of the same Act is hereb amended to read as follo!s"

#(a) Civil orfeiture!H ;pon determination b the ABG% that probable cause e-ists that anmonetar instrument or propert is in an !a related to an unla!ful acti&it as defined inSection 3(i) or a mone launderin offense under Section 4 hereof, the ABG% shall file !ith


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the appropriate court throuh the 5ffice of the Solicitor ?eneral, a &erified e' parte petitionfor forfeiture, and the Rules of %ourt on %i&il Dorfeiture shall appl.

#he forfeiture shall include those other monetar instrument or propert ha&in ane+ui&alent &alue to that of the monetar instrument or propert found to be related in an!a to an unla!ful acti&it or a mone launderin offense, !hen !ith due dilience, the

former cannot be located, or it has been substantiall altered, destroed, diminished in &alueor other!ise rendered !orthless b an act or omission, or it has been concealed, remo&ed,con&erted, or other!ise transferred, or it is located outside the /hilippines or has beenplaced or brouht outside the urisdiction of the court, or it has been comminled !ith othermonetar instrument or propert belonin to either the offender himself or a third person orentit, thereb renderin the same difficult to identif or be sereated for purposes offorfeiture.

#(b) Claim on orfeited #ssets!H Fhere the court has issued an order of forfeiture of themonetar instrument or propert in a criminal prosecution for an mone launderin offensedefined under Section 4 of this Act, the offender or an other person claimin an interesttherein ma appl, b &erified petition, for a declaration that the same leitimatel belons to

him and for sereation or e-clusion of the monetar instrument or propert correspondinthereto. he &erified petition shall be filed !ith the court !hich rendered the udment offorfeiture, !ithin fifteen (1) das from the date of the finalit of the order of forfeiture, indefault of !hich the said order shall become final and e-ecutor. his pro&ision shall appl inboth ci&il and criminal forfeiture.

#(c) Payment in Lieu of orfeiture! " Fhere the court has issued an order of forfeiture of themonetar instrument or propert subect of a mone launderin offense defined underSection 4, and said order cannot be enforced because an particular monetar instrument orpropert cannot, !ith due dilience, be located, or it has been substantiall altered,destroed, diminished in &alue or other!ise rendered !orthless b an act or omission,directl or indirectl, attributable to the offender, or it has been concealed, remo&ed,con&erted, or other!ise transferred to pre&ent the same from bein found or to a&oid

forfeiture thereof, or it is located outside the /hilippines or has been placed or brouhtoutside the urisdiction of the court, or it has been comminled !ith other monetarinstruments or propert belonin to either the offender himself or a third person or entit,thereb renderin the same difficult to identif or be sereated for purposes of forfeiture,the court ma, instead of enforcin the order of forfeiture of the monetar instrument orpropert or part thereof or interest therein, accordinl order the con&icted offender to pa anamount e+ual to the &alue of said monetar instrument or propert. his pro&ision shall applin both ci&il and criminal forfeiture.#

S#$%&'( 10.Section 14 of the same Act, as amended, is hereb further amended to read as follo!s"

#S%. 14. Penal Provisions! " (a) /enalties for the %rime of Bone Gaunderin. he penalt

of imprisonment ranin from se&en (7) to fourteen (14) ears and a fine of not less thanhree million /hilippine pesos (/hp3,000,000.00) but not more than t!ice the &alue of themonetar instrument or propert in&ol&ed in the offense, shall be imposed upon a personcon&icted under Section 4(a), (b), (c) and (d) of this Act.

#he penalt of imprisonment from four (4) to se&en (7) ears and a fine of not less than 5nemillion fi&e hundred thousand /hilippine pesos (/hp1,00,000.00) but not more than hreemillion /hilippine pesos (/hp3,000,000.00), shall be imposed upon a person con&icted underSection 4(e) and (f) of this Act.


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#he penalt of imprisonment from si- (6) months to four (4) ears or a fine of not less than5ne hundred thousand /hilippine pesos (/hp100,000.00) but not more than Di&e hundredthousand /hilippine pesos (/hp00,000.00), or both, shall be imposed on a personcon&icted under the last pararaph of Section 4 of this Act.

#(b) - - -

#(c) - - -

#(d) - - -

#(e) he penalt of imprisonment ranin from four (4) to se&en (7) ears and a finecorrespondin to not more than t!o hundred percent (00I) of the &alue of the monetarinstrument or propert laundered shall be imposed upon the co&ered person, its directors,officers or pesonnel !ho no!inl participated in the commission of the crime of monelaunderin.

#(f) 2mposition of Administrati&e Sanctions. he imposition of the administrati&e sanctions

shall be !ithout preudice to the filin of criminal chares aainst the persons responsible forthe &iolation.

#After due notice and hearin, the ABG% shall, at its discretion, impose sanctions, includinmonetar penalties, !arnin or reprimand, upon an co&ered person, its directors, officers,emploees or an other person for the &iolation of this Act, its implementin rules andreulations, or for failure or refusal to compl !ith ABG% orders, resolutions and otherissuances. Such monetar penalties shall be in amounts as ma be determined b the

ABG% to be appropriate, !hich shall not be more than Di&e hundred thousand /hilippinepesos (/00,000.00) per &iolation. ./0phi.

#he ABG% ma promulate rules on fines and penalties tain into consideration the

attendant circumstances, such as the nature and ra&it of the &iolation or irreularit.

#() he pro&ision of this la! shall not be construed or implemented in a manner that !illdiscriminate aainst certain customer tpes, such as politicall*e-posed persons, as !ell astheir relati&es, or aainst a certain reliion, race or ethnic oriin, or such other attributes orprofiles !hen used as the onl basis to den these persons access to the ser&ices pro&idedb the co&ered persons. Fhene&er a ban, or +uasi*ban, financial institution or !hene&eran person or entit commits said discriminator act, the person or persons responsible forsuch &iolation shall be subect to sanctions as ma be deemed appropriate b theirrespecti&e reulators.#

S#$%&'( 11.Ne! sections are hereb inserted after Section 19 of the same Act, as amended, toread as follo!s"

#S%. 0. 1on$intervention in the Bureau of )nternal Revenue %B)R& perations! " Nothincontained in this Act nor in related antecedent la!s or e-istin areements shall beconstrued to allo! the ABG% to participate in an manner in the operations of the 2R.#

#S%. 1. he authorit to in+uire into or e-amine the main account and the related accountsshall compl !ith the re+uirements of Article 222, Sections and 3 of the 19=7 %onstitution,!hich are hereb incorporated b reference. Gie!ise, the constitutional inunction


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aainst e' post facto la!s and bills of attainder shall be respected in the implementation ofthis Act.#

S#$%&'( 1!.he succeedin sections are hereb renumbered accordinl.

S#$%&'( 13.Separability Clause!H 2f an pro&ision of this Act is declared unconstitutional, the same

shall not affect the &alidit and effecti&it of the other pro&isions hereof.

S#$%&'( 1).Repealing Clause! "All la!s, decrees, orders, and issuances or portions thereof, !hichare inconsistent !ith the pro&isions of this Act, are hereb repealed, amended or modifiedaccordinl.

S#$%&'( 15.2ffectivity!H his Act shall tae effect fifteen (1) das follo!in its publication in atleast t!o () national ne!spapers of eneral circulation.

Appro&ed,

(Sd.) UAN PONCE ENRILE/resident of the Senate

(Sd.) FELICIANO BELMONTE R.Speaer of the @ouse of Representati&es

his Act !hich is a consolidation of @ouse ill No. 66 and Senate ill No. 313 !as finall passedb the @ouse of Representati&es and the Seriate on Debruar 6, 013.

(Sd.) EMMA LIRIO-REYESSecretar of Senate

(Sd.) MARILYN B. BARUA-YAPSecretar ?eneral

@ouse of Representati&es

Appro&ed" D 1 013

S/. BENIGNO S. AUINO IIIPresident of the Philippines

REPUBLIC ACT N'. 1036)

AN ACT E2PANDING REPUBLIC ACT NO. 9!0+, ENTITLED AN ACT TO INSTITUTE POLICIESTO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN,ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTIONAND SUPPORT OF TRAFFICKED PERSONS, PROIDING PENALTIES FOR ITS IOLATIONSAND FOR OTHER PURPOSES


S#$%&'( 1.Short 3itle!H his Act shall be no!n as the #-panded Anti*rafficin in /ersons Act of01J.

S#$%&'( !.Section of Republic Act No. 90= is hereb amended to read as follo!s"
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#S%. . 4eclaration of Policy!H 2t is hereb declared that the State &alues the dinit ofe&er human person and uarantees the respect of indi&idual rihts. 2n pursuit of this polic,the State shall i&e hihest priorit to the enactment of measures and de&elopment ofprorams that !ill promote human dinit, protect the people from an threat of &iolence ande-ploitation, eliminate trafficin in persons, and mitiate pressures for in&oluntar mirationand ser&itude of persons, not onl to support trafficed persons but more importantl, to

ensure their reco&er, rehabilitation and reinteration into the mainstream of societ.

#2t shall be a State polic to reconi8e the e+ual rihts and inherent human dinit of !omenand men as enshrined in the ;nited Nations ;ni&ersal >eclaration on @uman Rihts, ;nitedNations %on&ention on the limination of All Dorms of >iscrimination Aainst Fomen, ;nitedNations %on&ention on the Rihts of the %hild, ;nited Nations %on&ention on the /rotectionof Birant Forers and their Damilies, ;nited Nations %on&ention Aainst ransnational5rani8ed %rime 2ncludin its /rotocol to /re&ent, Suppress and /unish rafficin in/ersons, speciall Fomen and %hildren and all other rele&ant and uni&ersall acceptedhuman rihts instruments and other international con&entions to !hich the /hilippines is asinator.#

S#$%&'( 3.Section 3 of Republic Act No. 90= is hereb amended to read as follo!s"

#S%. 3. 4efinition of 3erms!H As used in this Act"

#(a) 3raffic5ing in Persons " refers to the recruitment, obtainin, hirin, pro&idin,offerin, transportation, transfer, maintainin, harborin, or receipt of persons !ith or!ithout the &ictim's consent or no!lede, !ithin or across national borders bmeans of threat, or use of force, or other forms of coercion, abduction, fraud,deception, abuse of po!er or of position, tain ad&antae of the &ulnerabilit of theperson, or, the i&in or recei&in of paments or benefits to achie&e the consent of aperson ha&in control o&er another person for the purpose of e-ploitation !hichincludes at a minimum, the e-ploitation or the prostitution of others or other forms ofse-ual e-ploitation, forced labor or ser&ices, sla&er, ser&itude or the remo&al or sale

of orans.

#he recruitment, transportation, transfer, harborin, adoption or receipt of a child forthe purpose of e-ploitation or !hen the adoption is induced b an form ofconsideration for e-ploitati&e purposes shall also be considered as $trafficin inpersons' e&en if it does not in&ol&e an of the means set forth in the precedinpararaph.

#(b) ChildH refers to a person belo! eihteen (1=) ears of ae or one !ho is o&ereihteen (1=) but is unable to full tae care of or protect himself:herself from abuse,nelect, cruelt, e-ploitation, or discrimination because of a phsical or mentaldisabilit or condition.

#(c) ProstitutionH refers to an act, transaction, scheme or desin in&ol&in the useof a person b another, for se-ual intercourse or lasci&ious conduct in e-chane formone, profit or an other consideration.

#(d) orced LaborH refers to the e-traction of !or or ser&ices from an person bmeans of enticement, &iolence, intimidation or threat, use of, force or coercion,includin depri&ation of freedom, abuse of authorit or moral ascendanc, debt*


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bondae or deception includin an !or or ser&ice e-tracted from an person underthe menace of penalt.

#(e) SlaveryH refers to the status or condition of a person o&er !hom an or all of thepo!ers attachin to the riht of o!nership are e-ercised.

#(f) )nvoluntary ServitudeH refers to a condition of enforced and compulsor ser&iceinduced b means of an scheme, plan or pattern, intended to cause a person tobelie&e that if he or she did not enter into or continue in such condition, he or she oranother person !ould suffer serious harm or other forms of abuse or phsicalrestraint, or threat of abuse or harm, or coercion includin depri&in access to tra&eldocuments and !ithholdin salaries, or the abuse or threatened abuse of the lealprocess.

#() Se' 3ourismH refers to a proram orani8ed b tra&el and tourism*relatedestablishments and indi&iduals !hich consists of tourism pacaes or acti&ities,utili8in and offerin escort and se-ual ser&ices as enticement for tourists. hisincludes se-ual ser&ices and practices offered durin rest and recreation periods for

members of the militar.

#(h) Se'ual 2'ploitationH refers to participation b a person in prostitution,pornoraph or the production of pornoraph, in e-chane for mone, profit or another consideration or !here the participation is caused or facilitated b an meansof intimidation or threat, use of force, or other forms of coercion, abduction, fraud,deception, debt bondae, abuse of po!er or of position or of leal process, tainad&antae of the &ulnerabilit of the person, or i&in or recei&in of paments orbenefits to achie&e the consent of a person ha&in control o&er another person or inse-ual intercourse or lasci&ious conduct caused or facilitated b an means aspro&ided in this Act.

#(i) 4ebt BondageH refers to the pledin b the debtor of his:her personal ser&icesor labor or those of a person under his:her control as securit or pament for a debt,!hen the lenth and nature of ser&ices is not clearl defined or !hen the &alue of theser&ices as reasonabl assessed is not applied to!ard the li+uidation of the debt.

#() PornographyH refers to an representation, throuh publication, e-hibition,cinematoraph, indecent sho!s, information technolo, or b !hate&er means, ofa person enaed in real or simulated e-plicit se-ual acti&ities or an representationof the se-ual parts of a person for primaril se-ual purposes.

#() CouncilH shall mean the 2nter*Aenc %ouncil Aainst rafficin created underSection 0 of this Act.#

S#$%&'( ).Section 4 of Republic Act No. 90= is hereb amended to read as follo!s"

#S%. 4.#cts of 3raffic5ing in Persons!H 2t shall be unla!ful for an person, natural oruridical, to commit an of the follo!in acts"

#(a) o recruit, obtain, hire, pro&ide, offer, transport, transfer, maintain, harbor, orrecei&e a person b an means, includin those done under the prete-t of domestic


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or o&erseas emploment or trainin or apprenticeship, for the purpose of prostitution,pornoraph, or se-ual e-ploitation

#(b) o introduce or match for mone, profit, or material, economic or otherconsideration, an person or, as pro&ided for under Republic Act No. 69, anDilipino !oman to a forein national, for marriae for the purpose of ac+uirin,

buin, offerin, sellin or tradin him:her to enae in prostitution, pornoraph,se-ual e-ploitation, forced labor, sla&er, in&oluntar ser&itude or debt bondae

#(c) o offer or contract marriae, real or simulated, for the purpose of ac+uirin,buin, offerin, sellin, or tradin them to enae in prostitution, pornoraph,se-ual e-ploitation, forced labor or sla&er, in&oluntar ser&itude or debt bondae

#(d) o undertae or orani8e tours and tra&el plans consistin of tourism pacaesor acti&ities for the purpose of utili8in and offerin persons for prostitution,pornoraph or se-ual e-ploitation

#(e) o maintain or hire a person to enae in prostitution or pornoraph

#(f) o adopt persons b an form of consideration for e-ploitati&e purposes or tofacilitate the same for purposes of prostitution, pornoraph, se-ual e-ploitation,forced labor, sla&er, in&oluntar ser&itude or debt bondae

#() o adopt or facilitate the adoption of persons for the purpose of prostitution,pornoraph, se-ual e-ploitation, forced labor, sla&er, in&oluntar ser&itude or debtbondae

#(h) o recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, pro&ide, offer,recei&e or abduct a person, b means of threat or use of force, fraud, deceit,&iolence, coercion, or intimidation for the purpose of remo&al or sale of orans of said

person

#(i) o recruit, transport, obtain, transfer, harbor, maintain, offer, hire, pro&ide, recei&eor adopt a child to enae in armed acti&ities in the /hilippines or abroad

#() o recruit, transport, transfer, harbor, obtain, maintain, offer, hire, pro&ide orrecei&e a person b means defined in Section 3 of this Act for purposes of forcedlabor, sla&er, debt bondae and in&oluntar ser&itude, includin a scheme, plan, orpattern intended to cause the person either"

#(1) o belie&e that if the person did not perform such labor or ser&ices, he orshe or another person !ould suffer serious harm or phsical restraint or

#() o abuse or threaten the use of la! or the leal processes and

#() o recruit, transport, harbor, obtain, transfer, maintain, hire, offer, pro&ide, adoptor recei&e a child for purposes of e-ploitation or tradin them, includin but notlimited to, the act of barin and:or sellin a child for an consideration or for barter forpurposes of e-ploitation. rafficin for purposes of e-ploitation of children shallinclude"


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#(1) All forms of sla&er or practices similar to sla&er, in&oluntar ser&itude,debt bondae and forced labor, includin recruitment of children for use inarmed conflict

#() he use, procurin or offerin of a child for prostitution, for the productionof pornoraph, or for pornoraphic performances

#(3) he use, procurin or offerin of a child for the production and trafficinof drus and

#(4) he use, procurin or offerin of a child for illeal acti&ities or !or!hich, b its nature or the circumstances in !hich it is carried out, is liel toharm their health, safet or morals and

#(l) o orani8e or direct other persons to commit the offenses defined as acts of trafficinunder this Act.#

S#$%&'( 5.A ne! Section 4*A is hereb inserted in Republic Act No. 90=, to read as follo!s"

#S%. 4*A.#ttempted 3raffic5ing in Persons! " Fhere there are acts to initiate thecommission of a trafficin offense but the offender failed to or did not e-ecute all theelements of the crime, b accident or b reason of some cause other than &oluntardesistance, such o&ert acts shall be deemed as an attempt to commit an act of trafficin inpersons. As such, an attempt to commit an of the offenses enumerated in Section 4 of this

Act shall constitute attempted trafficin in persons.

#2n cases !here the &ictim is a child, an of the follo!in acts shall also be deemed asattempted trafficin in persons"

#(a) Dacilitatin the tra&el of a child !ho tra&els alone to a forein countr or territor

!ithout &alid reason therefor and !ithout the re+uired clearance or permit from the>epartment of Social Felfare and >e&elopment, or a !ritten permit or ustificationfrom the child's parent or leal uardian

#(b) -ecutin, for a consideration, an affida&it of consent or a !ritten consent foradoption

#(c) Recruitin a !oman to bear a child for the purpose of sellin the child

#(d) Simulatin a birth for the purpose of sellin the child and

#(e) Solicitin a child and ac+uirin the custod thereof throuh an means from

amon hospitals, clinics, nurseries, dacare centers, refuee or e&acuation centers,and lo!*income families, for the purpose of sellin the child.#

S#$%&'( 6.A ne! Section 4* is hereb inserted in Republic Act No. 90=, to read as follo!s"

#S%. 4*.#ccomplice Liability!H Fhoe&er no!inl aids, abets, cooperates in thee-ecution of the offense b pre&ious or simultaneous acts defined in this Act shall bepunished in accordance !ith the pro&isions of Section 10(c) of this Act.#


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S#$%&'( *.A ne! Section 4*% is hereb inserted in Republic Act No. 90=, to read as follo!s"

#S%. 4*%.#ccessories!H Fhoe&er has the no!lede of the commission of the crime, and!ithout ha&in participated therein, either as principal or as accomplices, tae part in itscommission in an of the follo!in manners"

#(a) profitin themsel&es or assistin the offender to profit b the effects of thecrime

#(b) concealin or destroin the bod of the crime or effects or instrumentsthereof, in order to pre&ent its disco&er

#(c) harborin, concealin or assistin in the escape of the principal of the crime,pro&ided the accessor acts !ith abuse of his or her public functions or is no!n tobe habituall uilt of some other crime.

#Acts defined in this pro&ision shall be punished in accordance !ith the pro&ision of Section10(d) as stated thereto.#

S#$%&'( +.Section of Republic Act No. 90= is hereb amended to read as follo!s"

#S%. .#cts that Promote 3raffic5ing in Persons!H he follo!in acts !hich promote orfacilitate trafficin in persons, shall be unla!ful"

#(a) ---

#(b) o produce, print and issue or distribute unissued, tampered or fae counselincertificates, reistration sticers, o&erseas emploment certificates or othercertificates of an o&ernment aenc !hich issues these certificates, decals andsuch other marers as proof of compliance !ith o&ernment reulator and pre*

departure re+uirements for the purpose of promotin trafficin in persons

#(c) ---

#(d) ---

#(e) ---

#(f) ---

#() ---

#(h) o tamper !ith, destro, or cause the destruction of e&idence, or to influence orattempt to influence !itnesses, in an in&estiation or prosecution of a case under this

Act

#(i) o destro, conceal, remo&e, confiscate or possess, or attempt to destro,conceal, remo&e, confiscate or possess, an actual or purported passport or othertra&el, immiration or !orin permit or document, or an other actual or purportedo&ernment identification, of an person in order to pre&ent or restrict, or attempt to


15/87

pre&ent or restrict, !ithout la!ful authorit, the person's libert to mo&e or tra&el inorder to maintain the labor or ser&ices of that person or

#() o utili8e his or her office to impede the in&estiation, prosecution or e-ecution ofla!ful orders in a case under this Act.#


#S%. 6. 6ualified 3raffic5ing in Persons! " Eiolations of Section 4 of this Act shall beconsidered as +ualified trafficin"

#- - -

#(d) Fhen the offender is a spouse, an ascendant, parent, siblin, uardian or a person !hoe-ercises authorit o&er the trafficed person or !hen the offense is committed b a publicofficer or emploee

#- - -

#(f) Fhen the offender is a member of the militar or la! enforcement aencies

#() Fhen b reason or on occasion of the act of trafficin in persons, the offended partdies, becomes insane, suffers mutilation or is afflicted !ith @uman 2mmunodeficienc Eirus(@2E) or the Ac+uired 2mmune >eficienc Sndrome (A2>S)

#(h) Fhen the offender commits one or more &iolations of Section 4 o&er a period of si-t(60) or more das, !hether those das are continuous or not and

#(i) Fhen the offender directs or throuh another manaes the trafficin &ictim in carrinout the e-ploitati&e purpose of trafficin.#


#S%. 7. Confidentiality! "At an stae of the in&estiation, rescue, prosecution and trial ofan offense under this Act, la! enforcement officers, prosecutors, udes, court personnel,social !orers and medical practitioners, as !ell as parties to the case, shall protect the rihtto pri&ac of the trafficed person. o!ards this end, la! enforcement officers, prosecutorsand udes to !hom the complaint has been referred ma, !hene&er necessar to ensure afair and impartial proceedin, and after considerin all circumstances for the best interest ofthe parties, order a closed*door in&estiation, prosecution or trial. he name and personalcircumstances of the trafficed person or an other information tendin to establish theidentit of the trafficed person and his or her famil shall not be disclosed to the public.

#2t shall be unla!ful for an editor, publisher, and reporter or columnist in case of printedmaterials, announcer or producer in case of tele&ision and radio, producer and director of afilm in case of the mo&ie industr, or an person utili8in tri*media facilities or electronicinformation technolo to cause publicit of the name, personal circumstances, or aninformation tendin to establish the identit of the trafficed person e-cept !hen thetrafficed person in a !ritten statement dul notari8ed no!inl, &oluntaril and !illinl!ai&es said confidentialit.


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#Ga! enforcement officers, prosecutors, udes, court personnel, social !orers and medicalpractitioners shall be trained on the importance of maintainin confidentialit as a means toprotect the riht to pri&ac of &ictims and to encourae &ictims to file complaints.#

S#$%&'( 11.Section = of Republic Act No. 90= is hereb amended to read as follo!s"

#S%. =. )nitiation and Prosecution of Cases!H

#(a) )nitiation of )nvestigation!H Ga! enforcement aencies are mandated to immediatelinitiate in&estiation and counter*trafficin*intellience atherin upon receipt of statementsor affida&it from &ictims of trafficin, mirant !orers, or their families !ho are in possessionof no!lede or information about trafficin in persons cases.

#(b) Prosecution of Cases! "An person !ho has personal no!lede of the commission ofan offense under this Act, such as the trafficed person, the parents, spouse, siblins,children or leal uardian ma file a complaint for trafficin.

#(c)#ffidavit of 4esistance! " %ases in&ol&in trafficin in persons should not be dismissed

based on the affida&it of desistance e-ecuted b the &ictims or their parents or lealuardians. /ublic and pri&ate prosecutors are directed to oppose and manifest obections tomotions for dismissal.

#An act in&ol&in the means pro&ided in this Act or an attempt thereof for the purpose ofsecurin an Affida&it of >esistance from the complainant shall be punishable under this Act.#

S#$%&'( 1!.Section 10 of Republic Act No. 90= is hereb amended to read as follo!s"

#S%. 10. Penalties and Sanctions!H he follo!in penalties and sanctions are herebestablished for the offenses enumerated in this Act"

#(a) An person found uilt of committin an of the acts enumerated in Section 4 shallsuffer the penalt of imprisonment of t!ent (0) ears and a fine of not less than 5nemillion pesos (/1,000,000.00) but not more than !o million pesos (/,000,000.00)

#(b) An person found uilt of committin an of the acts enumerated in Section 4*A of thisAct shall suffer the penalt of imprisonment of fifteen (1) ears and a fine of not less thanDi&e hundred thousand pesos (/00,000.00) but not more than 5ne million pesos(/1,000,000.00)

#(c) An person found uilt of Section 4* of this Act shall suffer the penalt ofimprisonment of fifteen (1) ears and a fine of not less than Di&e hundred thousand pesos(/00,000.00) but not more than 5ne million pesos (/1,000,000.00)

#2n e&er case, con&iction shall cause and carr the automatic re&ocation of the license orreistration of the recruitment aenc in&ol&ed in trafficin. he license of a recruitmentaenc !hich trafficed a child shall be automaticall re&oed.

#(d) An person found, uilt of committin an of the acts enumerated in Section shallsuffer the penalt of imprisonment of fifteen (1) ears and a fine of not less than Di&ehundred thousand pesos (/00,000.00) but not more than 5ne million pesos(/1,000,000.00)


17/87

#(e) An person found uilt of +ualified trafficin under Section 6 shall suffer the penalt oflife imprisonment and a fine of not less than !o million pesos (/,000,000.00) but not morethan Di&e million pesos (/,000,000.00)

#(f) An person !ho &iolates Section 7 hereof shall suffer the penalt of imprisonment of si-(6) ears and a fine of not less than Di&e hundred thousand pesos (/00,000.00) but not

more than 5ne million pesos (/1,000,000.00)

#() 2f the offender is a corporation, partnership, association, club, establishment or anuridical person, the penalt shall be imposed upon the o!ner, president, partner, manaer,and:or an responsible officer !ho participated in the commission of the crime or !ho shallha&e no!inl permitted or failed to pre&ent its commission

#(h) he reistration !ith the Securities and -chane %ommission (S%) and license tooperate of the errin aenc, corporation, association, reliious roup, tour or tra&el aent,club or establishment, or an place of entertainment shall be cancelled and re&oedpermanentl. he o!ner, president, partner or manaer thereof shall not be allo!ed tooperate similar establishments in a different name

#(i) 2f the offender is a foreiner, he or she shall be immediatel deported after ser&in his orher sentence and be barred permanentl from enterin the countr

#() An emploee or official of o&ernment aencies !ho shall issue or appro&e the issuanceof tra&el e-it clearances, passports, reistration certificates, counselin certificates, marriaelicense, and other similar documents to persons, !hether uridical or natural, recruitmentaencies, establishments or other indi&iduals or roups, !ho fail to obser&e the prescribedprocedures and the re+uirement as pro&ided for b la!s, rules and reulations, shall be heldadministrati&el liable, !ithout preudice to criminal liabilit under this Act. he concernedo&ernment official or emploee shall, upon con&iction, be dismissed from the ser&ice andbe barred permanentl to hold public office. @is or her retirement and other benefits shalllie!ise be forfeited and

#() %on&iction, b final udment of the adopter for an offense under this Act shall result inthe immediate rescission of the decree of adoption.#


#S%. 11. 7se of 3raffic5ed Persons! "An person !ho bus or enaes the ser&ices of atrafficed person for prostitution shall be penali8ed !ith the follo!in" Provided, hat the/robation Ga! (/residential >ecree No. 96=) shall not appl"

#(a) Prision Correccional in its ma-imum period toprision mayor or si- (6) ears tot!el&e (1) ears imprisonment and a fine of not less than Dift thousand pesos(/0,000.00) but not more than 5ne hundred thousand pesos(/100,000.00)" Provided, ho0ever, hat the follo!in acts shall be e-emptedthereto"

#(1) 2f an offense under pararaph (a) in&ol&es se-ual intercourse or lasci&iousconduct !ith a child, the penalt shall be reclusion temporal in its medium periodto reclusion perpetua or se&enteen (17) ears to fort (40) ears imprisonment and a


18/87

fine of not less than Di&e hundred thousand pesos (/00,000.00) but not more than5ne million pesos (/1,000,000.00)

#() 2f an offense under pararaph (a) in&ol&es carnal no!lede of, or se-ualintercourse !ith, a male or female trafficin &ictim and also in&ol&es the use of forceor intimidation, to a &ictim depri&ed of reason or to an unconscious &ictim, or a &ictim

under t!el&e (1) ears of ae, instead of the penalt prescribed in the subpararaphabo&e the penalt shall be a fine of not less than 5ne million pesos (/1,000,000.00)but not more than Di&e million pesos (/,000,000.00) and imprisonmentofreclusionperpetua or fort (40) ears imprisonment !ith no possibilit of parolee-cept that if a person &iolatin pararaph (a) of this section no!s the person thatpro&ided prostitution ser&ices is in fact a &ictim of trafficin, the offender shall not belie!ise penali8ed under this section but under Section 10 as a person &iolatinSection 4 and if in committin such an offense, the offender also no!s a +ualifincircumstance for trafficin, the offender shall be penali8ed under Section 10 for+ualified trafficin. 2f in &iolatin this section the offender also &iolates Section 4, theoffender shall be penali8ed under Section 10 and, if applicable, for +ualifiedtrafficin instead of under this section

#(b) 4eportation!H 2f a foreiner commits an offense described b pararaph (1) or() of this section or &iolates an pertinent pro&ision of this Act as an accomplice oraccessor to, or b attemptin an such offense, he or she shall be immediateldeported after ser&in his or her sentence and be barred permanentl from enterinthe countr and

#(c) Public fficial! " 2f the offender is a public official, he or she shall be dismissedfrom ser&ice and shall suffer perpetual absolute dis+ualification to hold public, office,in addition to an imprisonment or fine recei&ed pursuant to an other pro&ision ofthis Act.#

S#$%&'( 1).Section 1 of Republic Act No. 90= is hereb amended to read as follo!s"

#S%. 1. Prescriptive Period!H rafficin cases under this Act shall prescribe in ten (10)ears" Provided, ho0ever, hat trafficin cases committed b a sndicate or in a lare scaleas defined under Section 6, or aainst a child, shall prescribe in t!ent (0) ears.

#he prescripti&e period shall commence to run from the da on !hich the trafficed personis deli&ered or released from the conditions of bondae, or in the case of a child &ictim, fromthe da the child reaches the ae of maorit, and shall be interrupted b the filin of thecomplaint or information and shall commence to run aain !hen the proceedins terminate!ithout the accused bein con&icted or ac+uitted or are unustifiabl stopped for an reasonnot imputable to the accused.#


#S%. 16. Programs that #ddress 3raffic5ing in Persons!H he o&ernment shall establishand implement pre&enti&e, protecti&e and rehabilitati&e prorams for trafficed persons. Dorthis purpose, the follo!in aencies are hereb mandated to implement the follo!inprorams"

#(a) >epartment of Dorein Affairs (>DA) H shall mae a&ailable its resources andfacilities o&erseas for trafficed persons reardless of their manner of entr to the


19/87

recei&in countr, and e-plore means to further enhance its assistance in eliminatintrafficin acti&ities throuh closer net!orin !ith o&ernment aencies in thecountr and o&erseas, particularl in the formulation of policies and implementationof rele&ant prorams. 2t shall pro&ide Dilipino &ictims of trafficin o&erseas !ith freeleal assistance and counsel to pursue leal action aainst his or her trafficers,represent his or her interests in an criminal in&estiation or prosecution, and assist

in the application for social benefits and:or reular immiration status as ma beallo!ed or pro&ided for b the host countr. he >DA shall repatriate trafficedDilipinos !ith the consent of the &ictims.

#he >DA shall tae necessar measures for the efficient implementation of thelectronic /assportin Sstem to protect the interit of /hilippine passports, &isasand other tra&el documents to reduce the incidence of trafficin throuh the use offraudulent identification documents.

#2n coordination !ith the >epartment of Gabor and mploment, it shall pro&ide freetemporar shelters and other ser&ices to Dilipino &ictims of trafficin o&erseasthrouh the mirant !orers and other o&erseas Dilipinos resource centers

established o&erseas under Republic Act No. =04, as amended.

#(b) >epartment of Social Felfare and >e&elopment (>SF>) H shall implementrehabilitati&e and protecti&e prorams for trafficed persons. 2t shall pro&idecounselin and temporar shelter to trafficed persons and de&elop a sstem foraccreditation amon N?5s for purposes of establishin centers and prorams forinter&ention in &arious le&els of the communit. 2t shall establish free temporarshelters, for the protection and housin of trafficed persons to pro&ide the follo!inbasic ser&ices to trafficed persons"

#(1) emporar housin and food facilities

#() /scholoical support and counselin

#(3) 4*hour call center for crisis calls and technolo*based counselin andreferral sstem

#(4) %oordination !ith local la! enforcement entities and

#() %oordination !ith the >epartment of ustice, amon others.

#he >SF> must conduct information campains in communities and schoolsteachin parents and families that recei&in consideration in e-chane for adoption ispunishable under the la!. Durthermore, information campains must be conducted!ith the police that the must not induce poor !omen to i&e their children up foradoption in e-chane for consideration.

#(c) >epartment of Gabor and mploment (>5G) H shall ensure the strictimplementation and compliance !ith the rules and uidelines relati&e to theemploment of persons locall and o&erseas. 2t shall lie!ise monitor, document andreport cases of trafficin in persons in&ol&in emploers and labor recruiters.


20/87

#(d) >epartment of ustice (>5) H shall ensure the prosecution of persons accusedof trafficin and desinate and train special prosecutors !ho shall handle andprosecute cases of trafficin. 2t shall also establish a mechanism for free lealassistance for trafficed persons, in coordination !ith the >SF>, 2nterated ar ofthe /hilippines (2/) and other N?5s and &olunteer roups.

#(e) /hilippine %ommission on Fomen (/%F) H shall acti&el participate andcoordinate in the formulation and monitorin of policies addressin the issue oftrafficin in persons in coordination !ith rele&ant o&ernment aencies. 2t shalllie!ise ad&ocate for the inclusion of the issue of trafficin in persons in both itslocal and international ad&ocac for !omen's issues.

#(f) ureau of 2mmiration (2) H shall strictl administer and enforce immiration andalien administration la!s. 2t shall adopt measures for the apprehension of suspectedtrafficers both at the place of arri&al and departure and shall ensure compliance bthe Dilipino fiancKs:fiancKes and spouses of forein nationals !ith the uidance andcounselin re+uirement as pro&ided for in this Act.

#() /hilippine National /olice (/N/) and National ureau of 2n&estiation (N2) Hshall be the primar la! enforcement aencies to undertae sur&eillance,in&estiation and arrest of indi&iduals or persons suspected to be enaed intrafficin. he shall closel coordinate !ith each other and !ith other la!enforcement aencies to secure concerted efforts for effecti&e in&estiation andapprehension of suspected trafficers. he shall also establish a sstem to recei&ecomplaints and calls to assist trafficed persons and conduct rescue operations.

#(h) /hilippine 5&erseas mploment Administration (/5A) and 5&erseas Forersand Felfare Administration (5FFA) H /5A shall implement /re*mploment5rientation Seminars (/5S) !hile /re*>eparture 5rientation Seminars (/>5S)shall be conducted b the 5FFA. 2t shall lie!ise formulate a sstem of pro&idinfree leal assistance to trafficed persons, in coordination !ith the >DA.

#he /5A shall create a blaclist of recruitment aencies, illeal recruiters andpersons facin administrati&e, ci&il and criminal complaints for trafficin filed in therecei&in countr and:or in the /hilippines and those aencies, illeal recruiters andpersons in&ol&ed in cases of trafficin !ho ha&e been rescued b the >DA and>5G in the recei&in countr or in the /hilippines e&en if no formal administrati&e,ci&il or criminal complaints ha&e been filed" Provided, hat the rescued &ictims shalle-ecute an affida&it attestin to the acts &iolati&e of the anti*trafficin la!. hisblaclist shall be posted in conspicuous places in concerned o&ernment aenciesand shall be updated bi*monthl.

#he blaclist shall lie!ise be posted b the /5A in the shared o&ernment

information sstem, !hich is mandated to be established under Republic Act No.=04, as amended.

#he /5A and 5FFA shall accredit N?5s and other ser&ice pro&iders to conduct/5S and />5S, respecti&el. he /5S and />5S should include the discussionand distribution of the blaclist.

#he license or reistration of a recruitment aenc that has been blaclisted ma besuspended b the /5A upon a re&ie! of the complaints filed aainst said aenc.


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#(i) >epartment of the 2nterior and Gocal ?o&ernment (>2G?) H shall institute asstematic information and pre&ention campain in coordination !ith pertinentaencies of o&ernment as pro&ided for in this Act. 2t shall pro&ide trainin proramsto local o&ernment units, in coordination !ith the %ouncil, in ensurin !ideunderstandin and application of this Act at the local le&el.

#() %ommission on Dilipinos 5&erseas H shall conduct pre*departure counselinser&ices for Dilipinos in intermarriaes. 2t shall de&elop a sstem for accreditation ofN?5s that ma be mobili8ed for purposes of conductin pre*departure counselinser&ices for Dilipinos in intermarriaes. As such, it shall ensure that the counselorscontemplated under this Act shall ha&e the minimum +ualifications and trainin ofuidance counselors as pro&ided for b la!.

#2t shall lie!ise assist in the conduct of information campains aainst trafficin incoordination !ith local o&ernment units, the /hilippine 2nformation Aenc, andN?5s.

#() Gocal o&ernment units (G?;s) H shall monitor and document cases of trafficin

in persons in their areas of urisdiction, effect the cancellation of licenses ofestablishments !hich &iolate the pro&isions of this Act and ensure effecti&eprosecution of such cases. he shall also undertae an information campainaainst trafficin in persons throuh the establishment of the Birants Ad&isor and2nformation Net!or (BA2N) dess in municipalities or pro&inces in coordination !iththe >2G?, /hilippine 2nformation Aenc (/2A), %ommission on Dilipinos 5&erseas(%D5), N?5s and other concerned aencies. he shall encourae and supportcommunit*based initiati&es !hich address the trafficin in persons.

#2n implementin this Act, the aencies concerned ma see and enlist theassistance of N?5s, people's orani8ations (/5s), ci&ic orani8ations and other&olunteer roups.#

S#$%&'( 16.A ne! Section 16*A is hereb inserted into Republic Act No. 90=, to read as follo!s"

#S%. 16*A.#nti$3raffic5ing in Persons 4atabase!H An anti*trafficin in persons centraldatabase shall be established b the 2nter*Aenc %ouncil Aainst rafficin created underSection 0 of this Act. he %ouncil shall submit a report to the /resident of the /hilippinesand to %onress, on or before anuar 1 of e&er ear, !ith respect to the precedin ear'sprorams and data on trafficin*related cases.

#All o&ernment aencies tased under the la! to undertae prorams and renderassistance to address trafficin in persons shall de&elop their respecti&e monitorin anddata collection sstems, and databases, for purposes of ensurin efficient collection andstorae of data on cases of trafficin in persons handled b their respecti&e offices. Such

data shall be submitted to the %ouncil for interation in a central database sstem.

#Dor this purpose, the %ouncil is hereb tased to ensure the harmoni8ation andstandardi8ation of databases, includin minimum data re+uirements, definitions, reportinformats, data collection sstems, and data &erification sstems. Such databases shall ha&e,at the minimum, the follo!in information"

#(a) he number of cases of trafficin in persons, sorted accordin to status ofcases, includin the number of cases bein in&estiated, submitted for prosecution,


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dropped, and filed and:or pendin before the courts and the number of con&ictionsand ac+uittals

#(b) he profile:information on each case

#(c) he number of &ictims of trafficin in persons referred to the aenc b

destination countries:areas and b area of oriin and

#(d) >isareated data on trafficin &ictims and the accused:defendants.#

S#$%&'( 1*.Section 17 of Republic Act No. 90= is hereb amended to read as follo!s"

#S%. 17. Legal Protection to 3raffic5ed Persons! " rafficed persons shall be reconi8edas &ictims of the act or acts of trafficin and as such, shall not be penali8ed for unla!ful actscommitted as a direct result of, or as an incident or in relation to, bein trafficed based onthe acts of trafficin enumerated in this Act or in obedience to the order made b thetrafficer in relation thereto. 2n this reard, the consent of a trafficed person to the intendede-ploitation set forth in this Act shall be irrele&ant.

#Eictims of trafficin for purposes of prostitution as defined under Section 4 of this Act arenot co&ered b Article 0 of the Re&ised /enal %ode and as such, shall not be prosecuted,fined, or other!ise penali8ed under the said la!.#

S#$%&'( 1+.A ne! Section 17*A is hereb inserted into Republic Act No. 90=, to read as follo!s"

#S%. 17*A. 3emporary Custody of 3raffic5ed 8ictims!H he rescue of &ictims should bedone as much as possible !ith the assistance of the >SF> or an accredited N?5 thatser&ices trafficed &ictims. A la! enforcement officer, on a reasonable suspicion that aperson is a &ictim of an offense defined under this Act includin attempted trafficin, shallimmediatel place that person in the temporar custod of the local social !elfare and

de&elopment office, or an accredited or licensed shelter institution de&oted to protectintrafficed persons after the rescue.#

S#$%&'( 19.A ne! Section 17* is hereb inserted into Republic Act No. 90=, to read as follo!s"

#S%. 17*. )rrelevance of Past Se'ual Behavior, pinion 3hereof or Reputation of 8ictimsand of Consent of 8ictims in Cases of 4eception, Coercion and ther Prohibited Means!

" he past se-ual beha&ior or the se-ual predisposition of a trafficed person shall beconsidered inadmissible in e&idence for the purpose of pro&in consent of the &ictim toenae in se-ual beha&ior, or to pro&e the predisposition, se-ual or other!ise, of a trafficedperson. Durthermore, the consent of a &ictim of trafficin to the intended e-ploitation shallbe irrele&ant !here an of the means set forth in Section 3(a) of this Act has been used.#

S#$%&'( !0.A ne! Section 17*% is hereb inserted into Republic Act No. 90=, to read as follo!s"

#S%. 17*%. )mmunity from Suit, Prohibited #cts and )n9unctive Remedies!H No action orsuit shall be brouht, instituted or maintained in an court or tribunal or before an otherauthorit aainst an" (a) la! enforcement officer (b) social !orer or (c) person actin incompliance !ith a la!ful order from an of the abo&e, for la!ful acts done or statementsmade durin an authori8ed rescue operation, reco&er or rehabilitation:inter&ention, or an


23/87

in&estiation or prosecution of an anti*trafficin case" Provided, hat such acts shall ha&ebeen made in ood faith.

#he prosecution of retaliator suits aainst &ictims of trafficin shall be held in abeancependin final resolution and decision of criminal complaint for trafficin.

#2t shall be prohibited for the >DA, the >5G, and the /5A officials, la! enforcementofficers, prosecutors and udes to ure complainants to abandon their criminal, ci&il andadministrati&e complaints for trafficin.

#he remedies of inunction and attachment of properties of the trafficers, illeal recruitersand persons in&ol&ed in trafficin ma be issued motu proprio b udes.#

S#$%&'( !1.Section 0 of Republic Act No. 90= is hereb amended to read as follo!s"

#S%. 0. )nter$#gency Council #gainst 3raffic5ing! " here is hereb established an 2nter*Aenc %ouncil Aainst rafficin, to be composed of the Secretar of the >epartment ofustice as %hairperson and the Secretar of the >epartment of Social Felfare and

>e&elopment as %o*%hairperson and shall ha&e the follo!in as members"

#(a) Secretar, >epartment of Dorein Affairs

#(b) Secretar, >epartment of Gabor and mploment

#(c) Secretar, >epartment of the 2nterior and Gocal ?o&ernment

#(d) Administrator, /hilippine 5&erseas mploment Administration

#(e) %ommissioner, ureau of 2mmiration

#(f) %hief, /hilippine National /olice

#() %hairperson, /hilippine %ommission on Fomen

#(h) %hairperson, %ommission on Dilipinos 5&erseas

#(i) -ecuti&e >irector, /hilippine %enter for ransnational %rimes and

#() hree (3) representati&es from N?5s, !ho shall include one (1) representati&eeach from amon the sectors representin !omen, o&erseas Dilipinos, and children,!ith a pro&en record of in&ol&ement in the pre&ention and suppression of trafficinin persons. hese representati&es shall be nominated b the o&ernment aencrepresentati&es of the %ouncil, for appointment b the /resident for a term of three(3) ears.

#he members of the %ouncil ma desinate their permanent representati&es !ho shall ha&ea ran not lo!er than an assistant secretar or its e+ui&alent to meetins, and shall recei&eemoluments as ma be determined b the %ouncil in accordance !ith e-istin budet andaccountin rules and reulations.#


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S#$%&'( !!.Section of Republic Act No. 90= is hereb amended to read as follo!s"

#S%. . Secretariat to the Council!H he >epartment of ustice shall establish thenecessar Secretariat for the %ouncil.

#he secretariat shall pro&ide support for the functions and proects of the %ouncil. he

secretariat shall be headed b an e-ecuti&e director, !ho shall be appointed b theSecretar of the >5 upon the recommendation of the %ouncil. he e-ecuti&e director mustha&e ade+uate no!lede on, trainin and e-perience in the phenomenon of and issuesin&ol&ed in trafficin in persons and in the field of la!, la! enforcement, social !or,criminolo, or pscholo.

#he e-ecuti&e director shall be under the super&ision of the 2nter*Aenc %ouncil Aainstrafficin throuh its %hairperson and %o*%hairperson, and shall perform the follo!infunctions"

#(a) Act as secretar of the %ouncil and administrati&e officer of its secretariat

#(b) Ad&ise and assist the %hairperson in formulatin and implementin theobecti&es, policies, plans and prorams of the %ouncil, includin those in&ol&inmobili8ation of o&ernment offices represented in the %ouncil as !ell as otherrele&ant o&ernment offices, tas forces, and mechanisms

#(c) Ser&e as principal assistant to the %hairperson in the o&erall super&ision ofcouncil administrati&e business

#(d) 5&ersee all council operational acti&ities

#(e) nsure an effecti&e and efficient performance of council functions and promptimplementation of council obecti&es, policies, plans and prorams

#(f) /ropose effecti&e allocations of resources for implementin council obecti&es,policies, plans and prorams

#() Submit periodic reports to the %ouncil on the proress of council obecti&es,policies, plans and prorams

#(h) /repare annual reports of all council acti&ities and

#(i) /erform other duties as the %ouncil ma assin.#

S#$%&'( !3.A ne! Section 6*A is hereb inserted into Republic Act No. 90=, to read as follo!s"

#S%. 6*A. 2'tra$3erritorial urisdiction! " he State shall e-ercise urisdiction o&er an actdefined and penali8ed under this Act, e&en if committed outside the /hilippines and !hetheror not such act or acts constitute an offense at the place of commission, the crime bein acontinuin offense, ha&in been commenced in the /hilippines and other elements ha&inbeen committed in another countr, if the suspect or accused"

#(a) 2s a Dilipino citi8en or


25/87

#(b) 2s a permanent resident of the /hilippines or

#(c) @as committed the act aainst a citi8en of the /hilippines.

#No prosecution ma be commenced aainst a person under this section if a foreino&ernment, in accordance !ith urisdiction reconi8ed b the /hilippines, has prosecuted or

is prosecutin such person for the conduct constitutin such offense, e-cept upon theappro&al of the Secretar of ustice.

#he o&ernment ma surrender or e-tradite persons accused of trafficin in the /hilippinesto the appropriate international court if an, or to another State pursuant to the applicablee-tradition la!s and treaties.#

S#$%&'( !).Section = of Republic Act No. 90= is hereb amended, to read as follo!s"

#S%. =. unding! " he amount necessar to implement the pro&isions of this Act shall bechared aainst the current ear's appropriations of the 2nter*Aenc %ouncil Aainstrafficin under the budet of the >5 and the appropriations of the other concerned

departments. hereafter, such sums as ma be necessar for the continued implementationof this Act shall be included in the annual ?eneral Appropriations Act.#./0phi.

S#$%&'( !5.A ne! Section =*A is hereb inserted into Republic Act No. 90=, to read as follo!s"

#S%. =*A.#dditional unds for the Council!H he amount collected from e&er penalt,fine or asset deri&ed from an &iolation of this Act shall be earmared as additional funds forthe use of the %ouncil. he fund ma be aumented b rants, donations and endo!mentfrom &arious sources, domestic or forein, for purposes related to their functions, subect tothe e-istin accepted rules and reulations of the %ommission on Audit.#

S#$%&'( !6.Section 3 of Republic Act No. 90= of the Repealin %lause is hereb amended to

read as follo!s"

#S%. 3. Repealing Clause!H Article 0 of the Re&ised /enal %ode, as amended, and allla!s, acts, presidential decrees, e-ecuti&e orders, administrati&e orders, rules andreulations inconsistent !ith or contrar to the pro&isions of this Act are deemed amended,modified or repealed accordinl" Provided,hat this Act shall not in an !a amend orrepeal the pro&isions of Republic Act No. 7610, other!ise no!n as the $Special /rotectionof %hild Aainst %hild Abuse, -ploitation and >iscrimination Act.'#

S#$%&'( !*.Section 33 of Republic Act No. 90= is hereb amended to read as follo!s"

#S%. 33. 2ffectivity!H his Act shall tae effect fifteen (1) das follo!in its complete

publication in at least t!o () ne!spapers of eneral circulation.#

Appro&ed,

(Sd.) UAN PONCE ENRILE/resident of the Senate

(Sd.) FELICIANO BELMONTE R.Speaer of the @ouse of Representati&es


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his Act !hich is a consolidation of @ouse ill No. 6339 and Senate ill No. 6 !as finall passedb the @ouse of Representati&es and the Senate on >ecember 4, 01 and >ecember , 01,respecti&el.

(Sd.) EMMA LIRIO-REYESSecretar of Senate

(Sd.) MARILYN B. BARUA-YAPSecretar ?eneral

@ouse of Representati&es

Appro&ed" D 06 013

S/. BENIGNO S. AUINO IIIPresident of the Philippines

REPUBLIC ACT NO. 1035)

AN ACT PROIDING FOR A NATIONAL POLICY ON RESPONSIBLE PARENTHOOD AND

REPRODUCTIE HEALTH


S#$%&'( 1.3itle!H his Act shall be no!n as "The Responsible Parenthood and ReproductiveHealth Act of 2012.

S#$%&'( !.4eclaration of Policy!H he State reconi8es and uarantees the human rihts of allpersons includin their riht to e+ualit and nondiscrimination of these rihts, the riht to sustainablehuman de&elopment, the riht to health !hich includes reproducti&e health, the riht to educationand information, and the riht to choose and mae decisions for themsel&es in accordance !ith their

reliious con&ictions, ethics, cultural beliefs, and the demands of responsible parenthood.

/ursuant to the declaration of State policies under Section 1, Article 22 of the 19=7 /hilippine%onstitution, it is the dut of the State to protect and strenthen the famil as a basic autonomoussocial institution and e+uall protect the life of the mother and the life of the unborn from conception.he State shall protect and promote the riht to health of !omen especiall mothers in particular andof the people in eneral and instill health consciousness amon them. he famil is the natural andfundamental unit of societ. he State shall lie!ise protect and ad&ance the riht of families inparticular and the people in eneral to a balanced and healthful en&ironment in accord !ith therhthm and harmon of nature. he State also reconi8es and uarantees the promotion and e+ualprotection of the !elfare and rihts of children, the outh, and the unborn.

Boreo&er, the State reconi8es and uarantees the promotion of ender e+ualit, ender e+uit,!omen empo!erment and dinit as a health and human rihts concern and as a socialresponsibilit. he ad&ancement and protection of !omen's human rihts shall be central to theefforts of the State to address reproducti&e health care.

he State reconi8es marriae as an in&iolable social institution and the foundation of the famil!hich in turn is the foundation of the nation. /ursuant thereto, the State shall defend"


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(a) he riht of spouses to found a famil in accordance !ith their reliious con&ictions andthe demands of responsible parenthood

(b) he riht of children to assistance, includin proper care and nutrition, and specialprotection from all forms of nelect, abuse, cruelt, e-ploitation, and other conditionspreudicial to their de&elopment

(c) he riht of the famil to a famil li&in !ae and income and

(d) he riht of families or famil associations to participate in the plannin andimplementation of policies and prorams

he State lie!ise uarantees uni&ersal access to medicall*safe, non*abortifacient, effecti&e, leal,affordable, and +ualit reproducti&e health care ser&ices, methods, de&ices, supplies !hich do notpre&ent the implantation of a fertili8ed o&um as determined b the Dood and >ru Administration(D>A) and rele&ant information and education thereon accordin to the priorit needs of !omen,children and other underpri&ileed sectors, i&in preferential access to those identified throuh theNational @ousehold aretin Sstem for /o&ert Reduction (N@S*/R) and other o&ernment

measures of identifin marinali8ation, !ho shall be &oluntar beneficiaries of reproducti&e healthcare, ser&ices and supplies for free. L M

he State shall eradicate discriminator practices, la!s and policies that infrine on a person'se-ercise of reproducti&e health rihts.

he State shall also promote openness to life /ro&ided, hat parents brin forth to the !orld onlthose children !hom the can raise in a trul humane !a.

S#$%&'( 3.;uiding Principles for )mplementation!H his Act declares the follo!in as uidinprinciples"

(a) he riht to mae free and informed decisions, !hich is central to the e-ercise of anriht, shall not be subected to an form of coercion and must be full uaranteed b theState, lie the riht itself

(b) Respect for protection and fulfillment of reproducti&e health and rihts !hich see topromote the rihts and !elfare of e&er person particularl couples, adult indi&iduals, !omenand adolescents

(c) Since human resource is amon the principal assets of the countr, effecti&e and +ualitreproducti&e health care ser&ices must be i&en primac to ensure maternal and childhealth, the health of the unborn, safe deli&er and birth of health children, and soundreplacement rate, in line !ith the State's dut to promote the riht to health, responsible

parenthood, social ustice and full human de&elopment

(d) he pro&ision of ethical and medicall safe, leal, accessible, affordable, non*abortifacient, effecti&e and +ualit reproducti&e health care ser&ices and supplies is essentialin the promotion of people's riht to health, especiall those of !omen, the poor, and themarinali8ed, and shall be incorporated as a component of basic health care

(e) he State shall promote and pro&ide information and access, !ithout bias, to all methodsof famil plannin, includin effecti&e natural and modern methods !hich ha&e been pro&en


28/87

medicall safe, leal, non*abortifacient, and effecti&e in accordance !ith scientific ande&idence*based medical research standards such as those reistered and appro&ed b theD>A for the poor and marinali8ed as identified throuh the N@S*/R and other o&ernmentmeasures of identifin marinali8ation" /ro&ided, hat the State shall also pro&ide fundinsupport to promote modern natural methods of famil plannin, especiall the illins5&ulation Bethod, consistent !ith the needs of acceptors and their reliious con&ictions

(f) he State shall promote prorams that" (1) enable indi&iduals and couples to ha&e thenumber of children the desire !ith due consideration to the health, particularl of !omen,and the resources a&ailable and affordable to them and in accordance !ith e-istin la!s,public morals and their reliious con&ictions" /ro&ided, hat no one shall be depri&ed, foreconomic reasons, of the rihts to ha&e children () achie&e e+uitable allocation andutili8ation of resources (3) ensure effecti&e partnership amon national o&ernment, localo&ernment units (G?;s) and the pri&ate sector in the desin, implementation, coordination,interation, monitorin and e&aluation of people*centered prorams to enhance the +ualit oflife and en&ironmental protection (4) conduct studies to anal8e demoraphic trendsincludin demoraphic di&idends from sound population policies to!ards sustainable humande&elopment in eepin !ith the principles of ender e+ualit, protection of mothers andchildren, born and unborn and the promotion and protection of !omen's reproducti&e rihtsand health and () conduct scientific studies to determine the safet and efficac ofalternati&e medicines and methods for reproducti&e health care de&elopment

() he pro&ision of reproducti&e health care, information and supplies i&in priorit to poorbeneficiaries as identified throuh the N@S*/R and other o&ernment measures ofidentifin marinali8ation must be the primar responsibilit of the national o&ernmentconsistent !ith its obliation to respect, protect and promote the riht to health and the rihtto life

(h) he State shall respect indi&iduals' preferences and choice of famil plannin methodsthat are in accordance !ith their reliious con&ictions and cultural beliefs, tain intoconsideration the State's obliations under &arious human rihts instruments

(i) Acti&e participation b nono&ernment orani8ations (N?5s), !omen's and people'sorani8ations, ci&il societ, faith*based orani8ations, the reliious sector and communities iscrucial to ensure that reproducti&e health and population and de&elopment policies, plans,and prorams !ill address the priorit needs of !omen, the poor, and the marinali8ed

() Fhile this Act reconi8es that abortion is illeal and punishable b la!, the o&ernmentshall ensure that all !omen needin care for post*aborti&e complications and all othercomplications arisin from prenanc, labor and deli&er and related issues shall be treatedand counseled in a humane, nonudmental and compassionate manner in accordance !ithla! and medical ethics

() ach famil shall ha&e the riht to determine its ideal famil si8e" /ro&ided, ho!e&er,hat the State shall e+uip each parent !ith the necessar information on all aspects of famillife, includin reproducti&e health and responsible parenthood, in order to mae thatdetermination

(l) here shall be no demoraphic or population tarets and the mitiation, promotion and:orstabili8ation of the population ro!th rate is incidental to the ad&ancement of reproducti&ehealth


29/87

(m) ?ender e+ualit and !omen empo!erment are central elements of reproducti&e healthand population and de&elopment

(n) he resources of the countr must be made to ser&e the entire population, especiall thepoor, and allocations thereof must be ade+uate and effecti&e" /ro&ided, hat the life of theunborn is protected

(o) >e&elopment is a multi*faceted process that calls for the harmoni8ation and interation ofpolicies, plans, prorams and proects that see to uplift the +ualit of life of the people, moreparticularl the poor, the need and the marinali8ed and

(p) hat a comprehensi&e reproducti&e health proram addresses the needs of peoplethrouhout their life ccle.

S#$%&'( ).4efinition of 3erms!H Dor the purpose of this Act, the follo!in terms shall be defined asfollo!s"

(a) Abortifacient refers to an dru or de&ice that induces abortion or the destruction of a

fetus inside the mother's !omb or the pre&ention of the fertili8ed o&um to reach and beimplanted in the mother's !omb upon determination of the D>A.

(b) Adolescent refers to oun people bet!een the aes of ten (10) to nineteen (19) ears!ho are in transition from childhood to adulthood.

(c) asic merenc 5bstetric and Ne!born %are (B5N%) refers to lifesa&in ser&icesfor emerenc maternal and ne!born conditions:complications bein pro&ided b a healthfacilit or professional to include the follo!in ser&ices" administration of parenteral o-tocicdrus, administration of dose of parenteral anticon&ulsants, administration of parenteralantibiotics, administration of maternal steroids for preterm labor, performance of assisted&ainal deli&eries, remo&al of retained placental products, and manual remo&al of retained

placenta. 2t also includes neonatal inter&entions !hich include at the minimum" ne!bornresuscitation, pro&ision of !armth, and referral, blood transfusion !here possible.

(d) %omprehensi&e merenc 5bstetric and Ne!born %are (%B5N%) refers to lifesa&inser&ices for emerenc maternal and ne!born conditions:complications as in asicmerenc 5bstetric and Ne!born %are plus the pro&ision of surical deli&er (caesariansection) and blood ban ser&ices, and other hihl speciali8ed obstetric inter&entions. 2t alsoincludes emerenc neonatal care !hich includes at the minimum" ne!born resuscitation,treatment of neonatal sepsis infection, o-en support, and antenatal administration of(maternal) steroids for threatened premature deli&er.

(e) Damil plannin refers to a proram !hich enables couples and indi&iduals to decidefreel and responsibl the number and spacin of their children and to ha&e the informationand means to do so, and to ha&e access to a full rane of safe, affordable, effecti&e, non*abortifacient modem natural and artificial methods of plannin prenanc.

(f) Detal and infant death re&ie! refers to a +ualitati&e and in*depth stud of the causes offetal and infant death !ith the primar purpose of pre&entin future deaths throuh chanesor additions to prorams, plans and policies.


30/87

() ?ender e+ualit refers to the principle of e+ualit bet!een !omen and men and e+ualrihts to eno conditions in reali8in their full human potentials to contribute to, and benefitfrom, the results of de&elopment, !ith the State reconi8in that all human beins are freeand e+ual in dinit and rihts. 2t entails e+ualit in opportunities, in the allocation ofresources or benefits, or in access to ser&ices in furtherance of the rihts to health andsustainable human de&elopment amon others, !ithout discrimination.

(h) ?ender e+uit refers to the policies, instruments, prorams and actions that address thedisad&antaed position of !omen in societ b pro&idin preferential treatment andaffirmati&e action. 2t entails fairness and ustice in the distribution of benefits andresponsibilities bet!een !omen and men, and often re+uires !omen*specific proects andprorams to end e-istin ine+ualities. his concept reconi8es that !hile reproducti&e healthin&ol&es !omen and men, it is more critical for !omen's health.

(i) Bale responsibilit refers to the in&ol&ement, commitment, accountabilit andresponsibilit of males in all areas of se-ual health and reproducti&e health, as !ell as thecare of reproducti&e health concerns specific to men.

() Baternal death re&ie! refers to a +ualitati&e and in*depth stud of the causes of maternaldeath !ith the primar purpose of pre&entin future deaths throuh chanes or additions toprorams, plans and policies.

() Baternal health refers to the health of a !oman of reproducti&e ae includin, but notlimited to, durin prenanc, childbirth and the postpartum period.

(l) Bodern methods of famil plannin refers to safe, effecti&e, non*abortifacient and lealmethods, !hether natural or artificial, that are reistered !ith the D>A, to plan prenanc.

(m) Natural famil plannin refers to a &ariet of methods used to plan or pre&ent prenancbased on identifin the !oman's fertile das.

(n) /ublic health care ser&ice pro&ider refers to" (1) public health care institution, !hich isdul licensed and accredited and de&oted primaril to the maintenance and operation offacilities for health promotion, disease pre&ention, dianosis, treatment and care ofindi&iduals sufferin from illness, disease, inur, disabilit or deformit, or in need ofobstetrical or other medical and nursin care () public health care professional, !ho is adoctor of medicine, a nurse or a mid!ife (3) public health !orer enaed in the deli&er ofhealth care ser&ices or (4) barana health !orer !ho has underone trainin proramsunder an accredited o&ernment and N?5 and !ho &oluntaril renders primaril healthcare ser&ices in the communit after ha&in been accredited to function as such b the localhealth board in accordance !ith the uideline's promulated b the >epartment of @ealth(>5@).

(o) /oor refers to members of households identified as poor throuh the N@S*/R b the>epartment of Social Felfare and >e&elopment (>SF>) or an subse+uent sstem used bthe national o&ernment in identifin the poor.

(p) Reproducti&e @ealth (R@) refers to the state of complete phsical, mental and social !ell*bein and not merel the absence of disease or infirmit, in all matters relatin to thereproducti&e sstem and to its functions and processes. his implies that people are able toha&e a responsible, safe, consensual and satisfin se- life, that the ha&e the capabilit toreproduce and the freedom to decide if, !hen, and ho! often to do so. his further implies


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that !omen and men attain e+ual relationships in matters related to se-ual relations andreprodu

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