LILABEN A. SACOTE SPL ADDENDUM

ELEMENTS: CHILD PROSTITUTION AND OTHER SEXUAL ABUSE

1. The accused commits the act of sexual intercourse or lascivious conduct;*Each and every sexual intercourse and lascivious act with a child under the circumstances mentioned in Art. III, Sec. 5 is thus a separate and distinct offense

2. Said act is performed with a child exploited in prostitution or subjected to other sexual abuse; and

3. The child, whether male or female, is or is deemed under 18 years of age.

REPUBLIC ACT NO. 9231Republic Act 9231 or "The Anti Child Labor Law" was signed into law on 19 December 2003. The passage of this new measure makes the Philippines the first country to present model legislation reflective of the widely ratified International Labor Organization Convention 182 on the Worst Forms of Child Labor.

According to Internation Labour Organization: The term “child labour” is often defined as work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development. 

The law seeks to eliminate the worst forms of child labor such as those involving slavery: such as the sale and trafficking of children, debt bondage, serfdom, including recruitment of children for use in armed conflict; prostitution and pornography; use pf children for illegal activities, including drug trafficking; and any work that is hazardous and harmful to the health, safety and morals of children.

SALIENT FEATURES: Children below 15 y.o., if working in non-

hazardous conditions, may work for not more than 20 hrs/wk, at most 4 hrs/day.

Children 15 – 17 y.o. to work not more than 8 hrs/day or 40 hrs/wk

Night work from 8pm to 6am is prohibited. children should receive and own their wages The child’s earnings shall be set aside primarily

for his/her support, education or skill acquisition and not more than 20% of the child’s income may be allotted for the collective needs of the family

Parents or the legal guardian: establish a trust fund- at least 30% of PhP 200,000.00 annual earnings

Penalties against abusers: maximum of P5 million and 20 years of imprisonment.

The DOLE: with authority to close down business establishments found violating anti child labor provisions of the new law.

REPUBLIC ACT NO. 9208

The Anti-Trafficking in Persons Act of 2003 institutes government policies to eliminate trafficking in persons, especially women and children. It establishes the necessary mechanisms to protect and support trafficked persons, and provides penalties for violators.

ELEMENTS: TRAFFICKING IN PERSONS1. It involves the recruitment, transportation,

transfer, harboring or receipt of a person(s);2. It is committed with or without the victim’s

consent or knowledge;3. It is done within or across national boundaries;4. It is committed by means of threat or use of

force, or other forms of coercion, abduction, fraud, deception, abuse of power or position, giving or receiving of payments or benefits to achieve the consent of a person having actual control over another person; and

5. It is done for the purpose of exploitation such as sexual exploitation, forced labor or services, slavery, and removal or sale of organs or other similar acts.

Qualified trafficking in person is committed when:

The trafficked person is below 18 years old; The adoption is effected through Republic Act

No. 8043 or 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;

The crime is committed by a syndicate, or in large scale;

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;

The trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies;

The offender is a member of the military or law enforcement agencies; and

By reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with HIV or AIDS

Who can file cases for Trafficking in Persons?The following persons may file cases of trafficking inpersons:• the trafficked person;• the parents, spouse, siblings, children or legal guardian of the trafficked person; and• anyone who has personal knowledge of the commission of any offense under R.A. 9208.

Where can Trafficking in Persons cases be filed?Trafficking in persons cases under R.A. 9208 may be filedin any of the following places:• where the offense was committed;• where any of the elements of the offense occured;

or• where the trafficked person resides at the time ofthe commission of the crime

Penalties for violations of R.A. 9208ACT PENALTY

Acts of Trafficking 20 years imprisonment anda fine of P1 Million to P2Million

Acts that Promote Trafficking

15 years imprisonment anda fine of P500,000 to P1Million

Qualified Trafficking Life imprisonment and a fineof P2 Million to P5 Million

Attempted TraffickingR.A. No. 10364

15 yrs imprisonment and a fine of 500,000 to 1 million pesos

Accomplice LiabilityR.A. No. 10364

15 yrs imprisonment and a fine of 500,000 to 1 million pesos

Breach of ConfidentialityClause

Six (6) years imprisonmentand a fine of P500,000 to P1Million

Use of Trafficked PersonProbation Law (Presidential Decree No. 968) shall not apply. R.A. No. 10364

a.Prision Correccional in its maximum period to prision mayor And a fine of not less than P50,000.00 to P100,000.00

1.If w/ a child: reclusion temporal in its medium period to reclusion perpetua and a fine of P500,000.00 to P1,000,000.00

2.involves the use of force or intimidation, to a victim deprived of reason /unconscious victim, or under 12y.o.: fine of P1,000,000.00 to P5,000,000.00 and imprisonment of reclusion perpetua  with no possibility of parole

b. deportation c.public official: dismissal

and perpetual absolute disqualification to hold office

In February of 2013, Republic Act No. 10364 or the Expanded Anti-Trafficking in Persons Act effectively amended RA 9208. The Expanded Anti-Trafficking in Persons Act of 2012, or Republic Act 10364 is an act that institutes policies to eliminate trafficking in persons especially women and children. Also, it

establishes the necessary mechanisms to protect and support trafficked persons, and provides penalties thereof.

R.A. 10364 is said to be an expanded and strengthened version of the Anti-Trafficking in Persons Act of 2003 (R.A 9208) and the new law now covers attempted trafficking, as well as accomplice and accessory liabilities.In the new law, the following acts are now considered human trafficking:

recruitment of domestic/overseas employment for sexual exploitation;

forced labor or involuntary debt bondage; recruitment of Filipino woman to marry a

foreigner; recruitment for sex tourism; recruitment for organ removal; and recruitment of a child to engage in armed

activities abroad;Under R.A. 10364, attempted trafficking is any act to initiate the commission of a trafficking offense but the offender failed to or did not execute all the elements of the crime due to accident or by reason of some cause other than voluntary desistance. If the victim is a child, an act be considered attempted trafficking if a person –

facilitates the travel of a child without clearance from DSWD or parental/legal consent;

executing affidavit of consent for adoption; Recruiting a woman to bear a child; simulating a

birth; or soliciting a child and requiring custody through any means from hospital, health centers and the like, all for the purpose of selling the child.

Extra-Territorial JurisdictionUnder this Act, the state can exercise jurisdiction over any act defined and penalized under the law, even if the crime is committed outside the Philippines, if the suspect or accused is:

A Filipino citizen; or A permanent resident of the Philippines; or Has committed the act against a citizen of the

Philippines.

 Prescriptive PeriodTrafficking cases can be filed

within 10 years after they are committed. committed by a syndicate/large scale:

within 20 years after the commission of the act.

The so-called “prescriptive period” is counted from the day the trafficked person is delivered or released from the conditions of bondage. In the case of a child victim, the prescriptive period starts from the day the child reaches the age of majority.