IRR 9208 2023

These rules and regulations shall be known and cited as The 2022 Revised Rules and Regulations Implementing Republic Act No. 9208, as amended.

These rules and regulations are hereby promulgated to prescribe the procedures and guidelines for the implementation of R.A. No. 9208, as amended, in order to facilitate compliance therewith and achieve the objectives thereof.

These rules and regulations shall be liberally construed in favor of trafficked persons to promote their human dignity, ensure their recovery, rehabilitation and reintegration into the mainstream of society, eliminate TIP, and achieve the objectives of the Act.

Nothing in these rules and regulations shall be interpreted as a restriction of the freedom of association, freedom of religion and the right to travel for purposes not contrary to law as guaranteed by the Constitution.

Article 2 Definition of Terms

As used in these rules and regulations, unless the context otherwise requires, the following terms shall be understood to mean:

Provided, That when a child is involved, the material shall be considered child sexual abuse and exploitation material as defined under paragraph (d) of this section.

RULE II REPORTING, INVESTIGATION AND OTHER LAW ENFORCEMENT ACTION

Article 1 Reporting of Suspected/Alleged Trafficking Incident

Any person who has any knowledge or learns of facts or circumstances that give rise to a reasonable belief that a person will be, or suspected to be, or is in the process of being trafficked shall immediately report the incident, either orally, in writing or through other means, to barangay authorities, the Local Council for the Protection of Children (LCPC), local anti-trafficking committee, the local social welfare and development office (LSWDO), the nearest police or other law enforcement agencies, or any member of the Council.

A report may also be made to the IACAT Anti-Trafficking Task Force, IACAT 1343 Action Line, or the official social media pages or helpline of law enforcers, local government units (LGUs) and other Council Members. The informant and trafficked persons identity shall be treated with confidentiality in accordance with the confidentiality requirements under R.A. No. 9208, as amended, and other related laws.

Report of cases of alleged or suspected international TIP may be made to the authorities mentioned in Rule III herein, or to the Department of Migrant Workers (DMW) or the DFA, or to the Philippine FSPs or the Migrant Workers Office (MWO) which has jurisdiction over the place where the TIP occurred or where the trafficked person is or may be found.

The person who receives the report shall act on it according to his/her mandate or to that of the agency or unit he/she represents. If the case requires urgent action, it should be immediately referred to the appropriate agency.

The barangay authorities or LSWDO to whom a report of a suspected

1 Under Section 4 of R.A. 11862 in the case of overseas domestic work, a child means a person below twenty-four (24) years old. or alleged TIP incident is made shall immediately get the pertinent details of the TIP incident from the person who made the report, such as but not limited to the:

When the alleged TIP incident has just happened and it is likely that the traffickers could be intercepted/arrested and/or the trafficked person could be rescued, the barangay authorities shall immediately coordinate with the nearest police authorities.

Article 2 Law Enforcement Action on a Reported/Referred Case of Trafficking

Any law enforcement agency (LEA) motu proprio or within ten (10) days upon receipt of a report or a referral of a suspected TIP incident should gather the relevant information from the person who reported or the referring agency or organization such as, but not limited to, those enumerated in Section 9 herein.

The LEA shall initiate and enhance existing bilateral or multi-lateral agreements with other States, in coordination with DFA, to allow their foreign counterparts and/or foreign internet intermediaries to share with local authorities possible investigation data necessary for the case build up and/or prosecution of cases.

Taking of statements of persons in possession of information about a suspected TIP incident. The concerned LEA may take the statement of any person who knows or who is in possession of knowledge or information about the reported TIP incident. The information provided shall be evaluated by the LEA for the purpose of determining their sufficiency to support the filing of a case or the conduct of the necessary law enforcement operation.

If it involves a minor, the presence of the parents, legal guardian or a registered and accredited social worker shall be mandatory. The conduct of the interview must be made in a child-friendly manner taking into the account the best interest of the child.

When the information provided is not enough to warrant the filing of a case or undertake the necessary law enforcement operation, the LEA shall conduct further investigation or intelligence gathering, including investigation on the assets and/or properties of traffickers.

Article 3 Conduct of Law Enforcement Operations and Protection of Rescued Persons During and After an Operation

A law enforcement operation should aim to:

To obtain maximum results and achieve the objectives mentioned in Section 13 herein, the LEA conducting operations should:

Coordination with DSWD, LSWDO, accredited NGO and other relevant government agencies prior to the conduct of law enforcement operation. The team conducting a law enforcement operation shall, as much as possible, coordinate with DSWD, or the LSWDO of the place where the operation will be conducted, or an accredited NGO that services trafficked persons and ensure their presence during the operation. The DSWD, LSWDO or accredited NGO social worker or any registered and accredited social worker shall provide protection and assistance to trafficked persons as soon as they are in the custody of the authorities. In cases where there is a large number of trafficked persons to be rescued, the attending social worker may, prior to or after the rescue, request reinforcement from nearest DSWD Field Office/LSWDO/ accredited NGO.

The team may coordinate with other relevant government agencies as the situation requires.

In case of unavailability of social workers from the DSWD, LSWDO or accredited NGO, the law enforcement team shall continue with the operation and ensure the presence of social workers immediately upon their availability.

The members of the rescue team shall ensure the full protection and respect of the rights of trafficked persons, including his/her right to privacy and confidentiality, during an operation. Immediately after the rescue, the team shall separate the trafficked persons from the suspected traffickers. The rescued trafficked persons shall be removed from the scene and immediately endorsed to the care and assistance of the social workers. The treatment of the rescued trafficked persons shall be in accordance with the existing referral mechanisms and protocol.

In the absence of a DSWD/local facility, the trafficked persons shall be turned over to a secure and suitable place or facility of an accredited NGO or a church/faith group.

The DSWD/LSWDO/accredited NGO shall ensure that the immediate needs of trafficked persons are addressed after the rescue. When they have stabilized and the situation has normalized, they shall be informed of the situation and the legal processes that will take place following the operation, such as the conduct of an investigation, the taking of their statements and their appearance before a prosecutor for inquest proceedings. They shall likewise be informed of the assistance and the options available to them particularly assistance under the Recovery and Reintegration Program for Trafficked Persons (RRPTP) of the DSWD, as provided in the Act.

The LEAs, in coordination with the DSWD/LSWDO/accredited NGO, shall likewise provide transportation and security services to the rescued trafficked persons during inquest proceedings and preliminary investigation, when the need arises.

Rescued trafficked persons, including victims of attempted TIP, shall be immediately placed in the temporary custody of the IACAT Tahanan ng Inyong Pag-Asa Center (TIP Center), DSWD, or LSWDO, registered social worker or any accredited or licensed shelter institution devoted to protecting trafficked persons. These service providers shall give the necessary assistance to the rescued trafficked persons and shall be responsible for their appearance during investigation and/or court hearings in coordination with LEAs.

The sworn statement of the rescued trafficked persons shall be taken after they have been informed about, and are able to understand, the legal procedures and the value of them giving the statement. As much as possible, the statement shall be taken in a place conducive for conducting interviews, in the presence of a registered social worker, and in a child- and gender-sensitive manner. In the absence of a registered social worker, any person trained in a child- and gender-sensitive, trauma-informed interview techniques may accompany the trafficked persons. A joint interview by an investigator and a social worker should be explored to avoid repetitive interviews and the same may be documented by any available medium of recording with the consent of the trafficked persons or his/her guardian.

The transcript and the copy of the audio or video interview conducted by the investigator and/or any registered and accredited social worker who are specially trained to conduct such interview, concerning the personal information of the trafficked persons and manner by which they were trafficked can be utilized as evidence before the office of the prosecutor and before the court, in lieu of a sworn statement. The interviewer and/or the person who recorded the interview shall execute an affidavit stating as to the manner he/she conducted the interview and how the interview was recorded.

The rescue team shall process and prepare the following:

The interception of TIP incidents and arrest of traffickers at airports or seaports shall be the primary responsibility of the IACAT Task Force Against Trafficking referred to in Section 158 herein, if present, or by any LEA assigned thereat.

Procedure in the physical interception, arrest and investigation of traffickers at airport or seaport. (a) When an offense punishable under the Act or any other offense in relation thereto, or in furtherance thereof, has been committed, or is actually being committed in the presence of any law enforcement officer (LEO) or member of the anti-trafficking task force, or an immigration officer assigned at the airport or seaport, such officer shall immediately cause the physical interception and/or arrest of the persons involved.

When a physical interception is done within territorial waters, the authorities concerned shall immediately coordinate with the IACAT Task Force for the proper turn-over of the intercepted persons and the rescued trafficked persons.

Article 5 Deferred Departure of Potential Trafficked Persons

Strict departure policy shall be implemented primarily to avert a potential TIP situation and protect possible victims of TIP from exploitation. In no case shall said policy violate the right of persons to travel.

The Councils guidelines on departure formalities shall be observed at all times.

The BI shall maintain a record of all the deferred departures in accordance with its rules and regulations. Such record shall be available in all international ports of entry and exit points.

Article 6 Financial Investigation and Asset Identification and Freezing

When a person is arrested/investigated in relation to a violation of the Act, a parallel investigation shall be conducted by the Philippine National Police (PNP), National Bureau of Investigation (NBI), Anti-Money Laundering Council (AMLC), or other agencies authorized by law in order to determine whether or not such assets are subject of the offense, proceeds or fruits of the offense, or were used in the commission of the offense. Such investigation shall include, but is not limited to:

For this purpose, LEAs, if appropriate, shall access bank information and other financial information in accordance with the rules and regulations issued by the AMLC to implement Section 9(d) of the Act.

LEA or the other agencies authorized by law may transmit such relevant information and/or evidence to the AMLC, which include, among others:

Article 7

Blacklisting of Recruitment Agencies and Illegal Recruiters

The blacklist of recruitment agencies, illegal recruiters and persons who are involved in TIP under the Department of Migrant Workers (DMW) shall include the following:

In case the direct employer is a juridical person, the names of its corporate officers, executive officers, and employees, if known.

Who may request for blacklisting; Requirements.

The DMW shall disseminate the blacklist to members of the Council and other concerned government agencies, with advice to post the same in conspicuous places of their respective offices, including their regional offices and in their official websites. The blacklist shall likewise be posted by the DMW in its own website and in the shared government information system, which is mandated to be established under R.A. No. 8042 (Migrant Workers and Overseas Filipinos Act of 1995), as amended.

The DMW shall likewise update such blacklist bi-monthly. For this purpose, the members of the Council should continually inform DMW of the updates on the cases they have requested to be included in the blacklist.

In accordance with its rules, the DMW may issue an Order of Preventive Suspension or Order of Temporary Disqualification against blacklisted licensed recruitment or manning agencies, and its principals or employers.

The DMW shall impose appropriate penalties including cancellation of the license of the recruitment or manning agency and the perpetual disqualification of individuals or officers of a licensed recruitment or manning agency in accordance with its rules.

The blacklisted recruitment agencies or illegal recruiters may request for their de-listing by submitting an order of dismissal or final order or decision exonerating them from the charges of the court or body where the case was filed.

Recruitment agencies or illegal recruiters blacklisted under Section 28(b) herein may be de-listed pursuant to the rules of DMW.

Article 8 Application For Cybercrime Warrants

In investigating violations of the Act committed by, through, or with the use of ICT, any LEO may apply for a cybercrime warrant and related orders involving the preservation, disclosure, interception, search, seizure, and/or examination, as well as the custody, and destruction of computer data subject of the investigation, pursuant to the Rule on Cybercrime Warrants (A.M. No. 17-11-03-SC).

A LEO may request ISPs to keep, preserve, and maintain the integrity of the computer data subject of the investigation.

Subscriber information and traffic datas integrity shall be preserved by the ISP for a minimum of six (6) months from the date of transaction. Content data shall be preserved by the ISP for six (6) months from the date of receipt of the order from the LEOs requiring its preservation.

LEOs may order a one-time extension for another six (6) months. If the computer data preserved by the ISP is used as evidence in a case, the receipt of the ISP of a copy of the transmittal document to the Office of the Prosecutor shall be deemed a notification to further preserve the computer data until the final termination of the case and/or as ordered by the court as the case may be.

The different types of cybercrime warrants under the Rule on Cybercrime Warrants include:

Any LEO may apply for an order before the Regional Trial Court (RTC) to track, intercept, view, monitor, surveil, listen to, and record any communications, information or messages with the use of any mode, form, kind or type of intercepting devices mentioned in R.A. No. 4200 (An Act to Prohibit and Penalize Wire Tapping and Other Related Violations of the Privacy of Communication, and for Other Purposes).

The ex parte application, made under oath or affirmation, shall include the following information:

If the person suspected of the crime is not fully known, such person shall be subject to continuous surveillance provided there is a reasonable ground to do so;

The order authorizing the interception of communications shall only be effective for the length of time as determined by the court, which shall not exceed thirty (30) days from its issuance. The LEO may request for the extension of the original period based on the following grounds:

In case the original LEO is not available to file the application to extend or renew the order to intercept communications, any other member of the team, duly authorized by their superior officer, may file the application to extend or renew the order.

When the trafficked person is a child and the offense involves the use of computer systems and digital platforms, a court order shall not be required in order for a LEO, acting in an undercover capacity, to intercept communication with a person reasonably believed to have committed, is committing, or about to commit any of the violations under the Act; Provided, That a LEO shall not be precluded from obtaining a WICD.

The LEO shall have the following duties when intercepting communication, information or messages, and in the use, custody and disposition thereof under Section 8 of the Act:

If no case is filed within the thirty (30) day period, the LEO shall, within thirty (30) days after the expiration of the order, notify the authorizing court that no case has been filed. Failure of the LEO to notify the authorizing court within the required period shall be penalized by 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) under Section 10 (h) of the Act.

In case of death or physical incapacity of the applicant to execute the required affidavit, the team member who is next in rank to the applicant named in the written order shall, together with the other team members, execute the required affidavit. The joint affidavit of the LEO and the individual team members shall state the following:

If the LEO omits or excludes from the joint affidavit any item or portion thereof mentioned therein the penalty shall be imprisonment of not less than six (6) years and one (1) day to twelve (12) years of imprisonment under Section 10 (h) of the Act.

The digital devices examined and the result of the digital forensic examination shall be deposited with the court that issued the court warrant, or in case where a criminal case is already filed in court, the court hearing the criminal case.

It shall be unlawful for any person, LEO, or custodian to make a copy of the materials in their custody, such as tapes, discs, video footages and other recordings, or excerpts and summaries thereof including written notes and memoranda made in connection therewith, without court authorization. It shall be unlawful to remove, delete, expunge, incinerate, shred or destroy in any manner the items enumerated above in whole or in part under any pretext whatsoever. Failure to comply with this duty shall be penalized by imprisonment of not less than six (6) years and one (1) day to twelve (12) years of imprisonment under Section 10 (h) of the Act.

Failure to timely file the returns for any of the issued warrants as required under the Rule on Cybercrime Warrant or to duly turn-over to the court's custody any of the items disclosed, intercepted, searched, seized, and/or examined, shall subject the responsible LEOs to an action for contempt, which procedures shall be governed by Rule 71 of the Rules of Civil Procedure, insofar as they are applicable.

In investigating violations of the Act involving the use of the internet and other digital platforms, LEOs acting in an undercover capacity who record their communications with a person or persons reasonably believed to have committed, is committing, or is about to commit any of the violations under the Act, shall not be considered as wiretapping or illegal interception. LEOs shall not be liable under the provisions of R.A. No. 4200.

The sealed envelope or package and the contents thereof, which are deposited with the authorizing court, and considered classified information, shall not be opened. Its contents, including the tapes, discs, and recordings, all the excerpts and summaries thereof, and the notes and memoranda made in connection therewith, shall not be divulged, revealed, read, replayed, or used as evidence unless authorized by written order of the authorizing court.

The DOJ or handling prosecutor shall file a written application to open the sealed envelope or package before the authorizing court, with proper written notice to the person whose communications have been the subject of interception to open, reveal, divulge, and use the contents of the sealed envelope or package as evidence.

The written application with notice to the party concerned to open the deposited sealed envelope or package shall clearly state the purpose or reason:

Intercepted communications, or any part or parts thereof, or any information or fact contained therein, including their existence, content, substance, purport, effect, or meaning, which have been secured in violation of the pertinent provisions of the Act, shall absolutely not be admissible and usable as evidence against any person in any judicial, quasi-judicial, legislative, or administrative investigation, inquiry, proceeding, or hearing.

RULE III RESCUE, RECOVERY AND REPATRIATION OF FILIPINO NATIONALS WHO ARE VICTIMS OF INTERNATIONAL TRAFFICKING

Article 1 Rescue and Recovery

The One Country-Team Approach (OCTA) under Executive Order No. 74, series of 1993, and as further enunciated in R.A. No. 8042, as amended, shall be the operational scheme under which FSPs shall provide protection to trafficked persons regardless of their immigration status. Under the OCTA, all officers, representatives and personnel of the Philippine government posted abroad, regardless of their mother agencies, shall act as a one-country team under the leadership of the Ambassador or the head of mission.

When a report of a TIP incident is received, the FSPs or the MWO which has jurisdiction over the place where the victim is believed to have been trafficked or located shall, in coordination with the authorities of the host government, ascertain the veracity of the report and inquire about the condition of the trafficked person. If the location of a trafficked person is unknown, the FSPs or the MWO shall take the necessary steps to verify and ascertain the location of the trafficked person. The FSPs shall also request such authorities to allow the access of consular officers to Filipino nationals in accordance with the Vienna Convention on Consular Relations, and the laws and regulations of the host country.

The Council, in emergency and other similar cases, may dispatch an inter-agency team abroad to assess the situation of trafficked persons, gather information from key individuals and entities, for the purpose of strengthening prosecution of cases in the Philippines, or to coordinate the rescue of trafficked persons.

The special mission team may be dispatched only upon the issuance of a mission order by the Secretary of Justice, in consultation and close coordination with the Secretary of Foreign Affairs, defining therein the specific objectives of the mission and outlining the parameters of the teams actions in the host country. The mission shall be conducted in accordance with existing applicable treaties and/or subject to the laws, rules and regulations of the host country. After each mission, the team shall submit a written report to the Secretary of Justice, copy furnished the Secretary of Foreign Affairs.

The FSPs or the MWO shall assign a Foreign Service Officer (FSO) to be its focal person for TIP. The said officer shall seek and maintain access and communication with Filipino trafficked persons subject of rescue operations, in accordance with the Vienna Convention on Consular Relations, and other existing diplomatic and consular norms and practices. The focal person shall also report to the Ambassador or head of mission particularly on whether the rights and best interests of the trafficked persons are protected and prioritized.

When the focal person for TIP deems it necessary, especially if the trafficked persons consented and it would be beneficial for their recovery, he/she will communicate with the latters next of kin (NOK). If the NOK or family members of the trafficked persons in the Philippines receive threats, reprisals or intimidation, the focal person will coordinate with the appropriate LEA in the Philippines for further investigation and protection.

In countries or areas where the services of the Migrant Workers Resource Center (MWRC) are not accessible, the FSPs or the MWO shall extend off-site services to trafficked persons regardless of their status in the host country, such as, but not limited to the following:

The FSPs or the MWO shall take the statement, through the IACAT intake form, of the trafficked person, recounting among others, the people/establishment involved in the recruitment, transfer and deployment, the modus operandi employed to recruit, transport and deploy the trafficked person, and other pertinent information which could provide a lead in the investigation and eventual prosecution of the perpetrators. The statement shall be sworn to before authorized officials of the FSPs or the MWO, Provided, That, the statement and other such matters relating to the investigation must be done consistent with full respect to the rights and dignity of trafficked persons, and must not impede the immediate assistance and delivery of mandatory services to them.

The FSPs or the MWO shall extend all possible assistance, including free legal assistance, to a trafficked person who wishes or opts to file the case in the host country or in the country where he/she is found and where the laws of the country allow the prosecution of a TIP offense or a related or similar offense.

Trafficked persons overseas may avail of the Legal Assistance Fund created by R.A. No. 8042, as amended, and Agarang Kalinga at Saklolo para sa mga OFWs na Nangangailangan (AKSYON) Fund under R.A. No. 11641 (Department of Migrant Workers Act), subject to the guidelines as provided by law as to its use and disbursement.

Article 3 Repatriation

The DFA and DMW, in coordination with the other appropriate agencies, shall have the primary responsibility for the repatriation of trafficked persons.

If their repatriation shall expose them to greater risks, or shall hinder the prosecution of traffickers abroad, the DFA, upon the consent of the trafficked person, shall make representation with the host country, whenever necessary, for the extension of appropriate residency permits and protection, as may be legally permissible.

In accordance with existing rules and regulations on the use and disbursement of Assistance-to-Nationals (ATN) Fund of DFA and the AKSYON fund of DMW for the repatriation of trafficked persons, the FSPs shall immediately request the DFA or DMW for allocation of funds for the repatriation of the trafficked persons.

In case the passport of the trafficked person is lost or confiscated by the traffickers or employers abroad and cannot be retrieved, the FSP shall issue a travel document to facilitate exit from the host country and entry into the Philippines.

The FSPs or the MWO concerned shall report to the DFA or DMW, the actual date of repatriation and other pertinent information. The DFA or DMW shall refer the arrival of the trafficked persons to the IACAT Task Force Against Trafficking at the point of entry for arrival assistance and the provision of appropriate services, including referrals in accordance with the National Referral System.

In appropriate cases, especially when the trafficked person is psychologically challenged, has suffered physical or sexual abuse, or has received serious threats to his/her life and safety, the trafficked person will be met upon arrival in the Philippines by DSWD personnel, in coordination with the IACAT Task Force Against Trafficking and other government agencies such as Overseas Workers Welfare Administration (OWWA), BI and Department of Health (DOH).

Where necessary, the FSPs or the MWO shall designate a duly authorized individual to escort said trafficked persons to the Philippines.

The trafficked person will be encouraged to execute a sworn statement, if he/she has not done so before, with the view of filing the appropriate charges against the trafficker.

The IACAT Task Force Against Trafficking shall interview the trafficked person and make recommendation for investigation and filing of appropriate cases. In cases where licensed recruitment agencies are involved or those whose licenses have been cancelled or suspended, the case shall also be referred to the DMW for the institution of administrative proceedings or criminal action, as the case may be.

The FSPs, MWOs and other attached agencies posted abroad shall establish partnerships with civil society groups, Filipino communities, and NGOs in the host country to mobilize support for the rescue, protection, and delivery of services to trafficked persons. Section 64. Documentation and referrals. All FSPs, including MWO, welfare officers and other officials, extending assistance to trafficked persons, shall document and track the delivery of service and referrals of the rescued trafficked person.

The concerned agencies such as DFA, DSWD and DMW shall issue corresponding directives to ensure uniform compliance with documentation and referral standards of the Council.

RULE IV EXTRA-TERRITORIALITYAND INTERNATIONAL LEGAL COOPERATION

Article 1 Extra-territoriality Principle

The Philippines may exercise jurisdiction over any act defined and penalized under the Act, even if committed outside its territory and whether or not such act or acts constitute an offense at the place of commission, if the offense, being a continuing offense, was commenced in the Philippines. The Philippines may also exercise jurisdiction over any act defined and penalized under the Act if committed in another country, Provided, That the suspect or accused:

No prosecution may be commenced against a person under the Act if a foreign government, in accordance with jurisdiction recognized by the Philippines, has prosecuted or is prosecuting such person for the conduct constituting such offense, except upon the approval of the Secretary of Justice.

Article 2 Extradition of an Accused or Convicted Person for a TIP Offense

The extradition of an accused or a convicted person for a TIP offense punishable under the Act shall be pursued in accordance with the provisions of Presidential Decree (P.D.) No. 1069 (Philippine Extradition Law) and the applicable extradition treaty. Such person may only be extradited from a country which the Philippines has an extradition treaty, or a state party to a multilateral treaty in which the Philippines is also a state party, or as may hereafter be allowed by law.

A LEA, prosecution office or any interested party seeking to extradite a person accused or convicted for violation of the Act, including those covered by the application of the extra-territoriality principle, may request the extradition of such person through the Legal Staff (Office of the Chief State Counsel) of the DOJ.

The request for extradition to the DOJ shall be in writing, signed by the head of the requesting agency or by the interested party, supported by relevant documentary evidence, and as much as possible state therein the following information:

In the investigation or prosecution of the offenses defined under the Act, including those covered by the application of the extra-territoriality principle, a request for legal assistance may be made with a foreign State on the basis of law, treaty or reciprocity. Such assistance may include:

Any LEA or prosecution office desiring to seek the assistance of a foreign state regarding the investigation or prosecution of an offense under the Act may submit the request through the Legal Staff (Office of the Chief State Counsel) of the DOJ which shall, in turn, make the formal request pursuant to the law or applicable treaty, or on the basis of reciprocity. The request shall specifically detail the assistance to be requested.

A request for assistance shall be executed in accordance with Philippine laws. Where the request for assistance is made pursuant to a treaty, the provisions of the treaty shall be considered in the execution of the request. The DOJ may refuse to carry out a request for assistance if its execution would be inconsistent with Philippine laws or would likely prejudice the national interest of the Philippines.

Article 4 Deportation, Forced Removal or Return

The Philippines may request for the deportation, forced removal or return to the country of any Filipino citizen or a permanent resident of the Philippines who is convicted, charged or facing prosecution for a TIP offense under the Act when the subject is in hiding, residing or in a temporary sojourn in the territory of another country.

RULE V PROSECUTION

Article 1 Filing of Cases

Complaints for violations of the Act may be filed by the following:

A person who has personal knowledge of the commission of the offense may initiate a criminal complaint for violation of the Act by executing his/her own affidavit or sworn statement.

A complaint for violation of the 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. For purposes of inquest or preliminary investigation, the complaint may be filed with the DOJ Office of the Secretary of Justice Prosecution Staff (OSJPS), or Provincial/City Prosecution Office where the offense or any of its elements has been committed, is being committed, or is about to be committed.

Where a person is lawfully arrested without a warrant, the complainant or arresting officer shall file a complaint with the DOJ or any local prosecution office. The inquest proceedings shall be considered commenced upon receipt by the inquest prosecutor of the following documents:

A preliminary investigation proceeding is commenced:

All cases of TIP shall be given preferential attention and should, therefore, be investigated and resolved within the periods indicated in the Revised Rules on Criminal Procedures. Section 79. Prescriptive Period. TIP cases under the Act shall prescribe in ten (10) years: Provided, however, That TIP cases committed by a syndicate or in a large scale as defined in the Act or against a child, 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, or in the case of a trafficked child, from the day the child reaches the age of majority, Provided, That in case of trafficked overseas domestic household workers, the age of majority shall be twenty-four (24) years old.

The period shall be interrupted by the filing of the complaint or information and shall commence to run again when the proceedings terminate without the accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable to the accused.

Pursuant to the Revised Rules on Criminal Procedure, when a criminal action is instituted, the civil action arising from the offense charged shall be deemed instituted with the criminal action unless the trafficked person waives the civil action, reserves the right to institute it separately or institutes the civil action prior to the criminal action.

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.

The offenses punishable under the Act shall be considered as a continuing offense and may be filed in Court in the place 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. The court where the criminal action is first filed shall acquire jurisdiction to the exclusion of other courts.

Cases involving TIP shall be heard in the chamber of the RTC duly designated as Family Courts.

Where practicable and unless special circumstance require otherwise, the procedures under SC Circular No. 38-98 implementing the Speedy Trial Act and the Revised Guidelines for Continuous Trial (A.M. No. 15-06-10-SC) may apply in cases involving the trial of TIP cases for offenses under the Act.

Pursuant to Office of the Court Administrator (OCA) No. 151-2010 cases involving violation of R.A. No. 9208 shall be heard continuously with hearing dates spaced not more than two weeks apart.

Article 2 Prosecution of TIP Cases

The Secretary of Justice shall designate prosecutors who shall investigate and prosecute TIP cases in all prosecution offices in the country.

Subject to the approval of the court, a private prosecutor may be authorized in writing by the Prosecutor General, or the head of the local prosecution office where the public prosecutor is assigned or appearing in the family court to prosecute the case. Once so authorized, the private prosecutor shall continue to prosecute the case up to the end of the trial unless the authority is revoked or otherwise withdrawn. The private prosecutor shall prosecute the case under the control and supervision of the public prosecutor assigned or appearing in the Family Court where the case has been raffled.

Pursuant to R.A. No. 8042, as amended by R.A. No. 10022 (Migrant Workers and Overseas Filipinos Act of 1995), the DOJ prosecutors shall collaborate with the Migrant Workers Protection Bureau of the DMW in the prosecution of cases involving both illegal recruitment and TIP committed in the guise of, or under the pretext of overseas employment.

Article 3 Prohibitions during Investigation and Prosecution

Cases involving TIP should not be dismissed based on the affidavit of desistance executed by the trafficked persons or their parents or legal guardians. Public and private prosecutors are directed to oppose and manifest objections to motions for dismissal.

It shall be prohibited for any person to perform an act involving the means provided in the Act or any attempt thereof for the purpose of securing an Affidavit of Desistance from the complainant.

It shall be prohibited for the DFA, the Department of Labor and Employment (DOLE), and the DMW officials, LEOs, prosecutors and judges to urge complainants to abandon their criminal, civil and administrative complaints for TIP.

The acts under Sections 88 and 89 herein which refers to Section 8(j) of the Act, as amended, shall be considered as acts that promote TIP under Sections 5(h) or 5(j) of the Act and shall be punished in accordance with the penalty prescribed for such violation.

Article 4 Civil Forfeiture Proceedings

Subject to the Rules on Civil Forfeiture, Rule 10 and Rule 12 of the 2018 Implementing Rules and Regulations of R.A. No. 9160, as amended, when probable cause exists that a monetary instrument or property is related to an activity involving any of the prohibited acts defined in the Act, the Council or the handling public or private prosecutor, social worker, or representative of childcare institution, may request the assistance of the AMLC in filing:

In accordance with the Rules on Civil Forfeiture, the provisional asset preservation order shall forbid any transaction, withdrawal, deposit, transfer, removal, conversion, concealment or other disposition of the subject monetary instrument, property, or proceeds.

Article 5 Asset Forfeiture based on Conviction in a Criminal Action

The prosecution may pursue criminal forfeiture by an allegation in the criminal information that it will institute a case against the subject of the offense, the proceeds or the fruits of the offense, or any property used as the means of committing an offense.

At any stage of the investigation, rescue, prosecution and trial of an offense under this Act, LEOs, prosecutors, judges, court personnel, social workers and medical practitioners, as well as parties to the case, shall protect the right to privacy of the trafficked person. The name and personal circumstances of the trafficked person or any other information tending to establish the identity of the trafficked person or his/her family, which may include the identity of the suspect, shall not be disclosed to the public.

LEOs, 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 abovementioned officers and professionals shall be trained on the importance of maintaining confidentiality as a means to protect the right to privacy of trafficked persons and to encourage trafficked persons to file complaints and assess validity of any waiver of confidentiality.

RULE VI VICTIM PROTECTION AND ASSISTANCE

Article 1 Overall Policy

Measures shall be established to ensure that trafficked persons are protected from further exploitation and harm, and shall have access to adequate physical and psychosocial care. Responsible agencies shall ensure that protection and assistance services to trafficked persons are provided in a child- and gendersensitive manner.

Trafficked persons of all ages shall be entitled to immediate temporary protective shelter from the DSWD: Provided, That if the trafficked person is located outside the Philippines, the relevant FSPs or MWO shall provide the same; Provided further, That a LEO, on a reasonable suspicion that a person is a trafficked person shall immediately place that person in the temporary custody of the LSWDO or any accredited licensed shelter institution devoted to protecting trafficked persons after the rescue.

Trafficked children shall immediately be placed under the protective custody of the DSWD, pursuant to R.A. No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act).

Article 2 Legal Protection for Trafficked Persons

The consent of the trafficked person to the intended exploitation is irrelevant. Trafficked persons shall not be penalized for unlawful acts committed as a direct result of, or as an incident or in relation to, being trafficked, or in obedience to the order made by the trafficker in relation to said acts.

Section 21 of the Act repealed Article 202 of the RPC, as amended by R.A. No. 10158 (An Act Decriminalizing Vagrancy, Amending for This Purpose, Article 202 of Act No. 3815); accordingly, trafficked persons shall no longer be prosecuted, fined or penalized for prostitution and vagrancy.

Trafficked persons, of whatever age, shall not be liable under the provisions of R.A. No. 4200 or R.A. No. 10175, (Cybercrime Prevention Act of 2012) if they record, transmit, or perform any other acts directly or indirectly related to the reporting of any violation of this Act committed against them. Section 101. Right to Privacy.

Article 3 Witness Protection

Preferential Entitlement under the Witness Protection Security and Benefits Program (WPSBP). Trafficked persons and their family members shall be entitled to protection as well as preferential entitlement to the rights and benefits of witnesses under R.A. No. 6981 (Witness Protection, Security and Benefit Act), Provided, That the trafficked person or family member possess all the qualifications and none of the disqualifications under the said law.

The LEO, service provider handling the case of a trafficked person, the trafficked person, a witness, or a family member of the trafficked person or witness, may file an application for coverage at the WPSBP Secretariat at the DOJ Office in Manila or the nearest local prosecution office through the handling prosecutor.

The handling prosecutor shall endorse the application to the WPSBP Secretariat, stating therein the urgency or necessity of such coverage.

Article 4 Compensation for Trafficked Persons

A trafficked person shall also be considered as a victim of a violent crime as defined under Section 3 (d) of R.A. No. 7309 (An Act Creating a Board of Claims Under the Department of Justice for Victims of Unjust Imprisonment or Detention and Victim of Violent Crimes and for Other Purposes), so that the trafficked person may claim compensation therein.

Article 5 Protection of Trafficked Persons who are Foreign Nationals

Trafficked person in the Philippines who are nationals of a foreign country shall be entitled to appropriate protection, assistance and services available to trafficked person and shall be allowed continued presence in the Philippines for a period of fifty-nine (59) days to enable them to effect the prosecution of the offenders. Such period may be renewed upon showing of proof by the trial prosecutor that their further testimony is essential to the prosecution of the case. The trial prosecutor shall course the request for extension to the Council, which shall accordingly act upon the same. If such request is granted, the registration and immigration fees of such foreign nationals shall be waived. The Council, for this purpose, shall develop additional guidelines to implement this provision.

Disclosure of personal data of foreign nationals who are trafficked persons in the Philippines and have a pending asylum application with, or have been recognized as refugees by, the DOJ-Refugees and Stateless Persons Protection Unit (RSPPU) should only be done with the trafficked persons freely given, informed, and written or recorded consent. In cases when consent is not required or when disclosure is necessary to prevent serious, foreseeable, and imminent harm to trafficked person or to another person, disclosure shall be made only in accordance with the exception under Section 13 of R.A. No. 10173 (Data Privacy Act of 2012).

Article 6 Free Legal Assistance and Counsel

Trafficked persons shall be provided with free legal services which shall include information about their 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. Section 110. Establishment of free legal assistance mechanism. The DOJ shall establish a mechanism for free legal assistance for trafficked persons, in coordination with DSWD. It shall endeavor to enter into a Memorandum of Agreement (MOA) with the Integrated Bar of the Philippines (IBP) as well as with NGOS and volunteer legal groups for the provision of legal assistance to trafficked persons. The DOJ or the Council shall conduct a training program for the IBP and volunteer groups on assistance and protection of trafficked persons and the Act.

The DFA shall provide free legal assistance and counsel to Filipinos trafficked overseas in order to pursue legal action against the traffickers, represent their interests in any criminal investigation or prosecution, and assist in the application for social benefits and/or regular immigration status as may be allowed by the host country.

Such free legal assistance shall be funded through the Legal Assistance Fund (LAF) established under R.A. No. 8042, as amended.

The DMW and OWWA shall extend free legal assistance to persons trafficked under the pretext of, or by means of recruitment for overseas employment. This free legal assistance shall include legal advice; assistance in the preparation and filing of administrative, labor and/or criminal actions; and assistance in the prosecution of persons who engage in, promote and facilitate TIP by means of, or in the guise of, recruitment for overseas employment.

Such assistance shall be coordinated with the DFA, especially when the trafficked persons are found in destination or transit countries.

Article 7 Mandatory Services

All service providers shall immediately provide information to trafficked persons about their rights, the nature of protection and available assistance and support. Such information shall be provided in a language that the trafficked persons understand.

When the trafficked person is a child, interviews, examination and other forms of investigation shall be conducted by specially trained professionals in a suitable environment and in a language that the child uses and understands. In all stages of the proceedings, all officials involved shall ensure that the best interests of the child are upheld and protected.

As much as possible, to avoid repetitive interviews which may cause the retraumatization of trafficked persons, interviews of trafficked children shall be recorded pursuant to the requirements under the Rule on Examination of Child Witness (A.M. NO. 004-07-SC).

To ensure recovery, rehabilitation and reintegration into the mainstream of society, concerned government agencies shall make available the following services to trafficked persons:

Provided, That the DSWD shall monitor and evaluate the implementation of the program and conduct an audit of LSWDOs.

All service providers shall be guided by a case management manual for trafficked persons developed by DSWD.

The following minimum procedures shall be observed by all service providers in implementing a comprehensive program for the recovery, rehabilitation and reintegration of trafficked persons:

All DSWD, LSWDO or accredited NGO case managers or social workers shall use the National Recovery and Reintegration Database (NRRD) for documenting and tracking delivery of services to trafficked persons and the National Referral System (NRS) in facilitating and documenting referrals.

The DSWD shall conduct data banking, research and documentation of good practices in rehabilitation and reintegration programs. It shall identify efficient and effective measures and services for the trafficked persons and their families. For this purpose, the DSWD shall convene a periodic program review and sharing sessions.

The DSWD shall develop and/or continually evaluate accreditation and recovery and reintegration program standards for residential facilities catering to trafficked persons. It shall provide technical assistance to LGUs and NGOs with such facilities and programs to ensure compliance with standards.

The DSWD, DOLE, DILG, OWWA, DMW-NRCO, TESDA, LGUs and NGOs shall harmonize their respective reintegration programs for trafficked persons.

RULE VII PROTECTION FOR SERVICE PROVIDERS

. Immunity from suit, prohibited acts and injunctive remedies. No action or suit shall be brought, instituted or maintained in any court or tribunal or before any other authority against any:

Provided, That such acts shall have been made in good faith.

Whenever a complaint is brought against any of the officers mentioned above the resolving investigator shall promptly resolve the complaint. In the regular performance of this function, the DSWD shall be free from any administrative, civil, or criminal liability. Custody proceedings shall be in accordance with the provisions of P.D. No. 603 (Child and Youth Welfare Code).

Agency heads shall take all possible measures to ensure protection including but not limited to hazard pay, insurance, psychosocial services, psychological services and/or counseling for job-related stress and secondary trauma and safety of service providers in the performance of their duties under the Act and these rules and regulations.

Service providers shall report to their superior, LEAs and other appropriate units any threat, harassment, or any form of danger that they may encounter in the course of the performance of duties.

Agency heads shall immediately take appropriate action on reports, formal or non-formal, written or verbal, of any threat, harassment, or any form of danger brought to their attention.

RULE VIII IMPLEMENTATION MECHANISMS

Article 1 The Inter-Agency Council Against Trafficking

The Council shall be the primary body responsible for coordinating, monitoring and overseeing the implementation of the Act. It shall be chaired by the Secretary of Justice and co-chaired by the Secretary of Social Welfare and Development. It shall have the following as members:

If the NGO is a member of a national or international coalition or federation, a significant segment of its network is composed of organizations and individuals belonging to the sector it represents.

The Council shall have the following powers and functions:

The Council shall submit to the Office of the President of the Philippines an annual comprehensive report on the actions and programs taken by the Council relative to, and concerning, the implementation of the Act every 15th of January of each year.

Each Member of the Council shall submit a quarterly report to the IACAT Secretariat on the anti-trafficking programs and initiatives taken by their respective agencies or organizations for consolidation to the report to submitted to the President.

The Council shall meet regularly at least once every quarter. Special meetings may be called by the Chair as the need arises. Majority of the members of the Council shall constitute a quorum to transact business.

The Members of the Council or their designated permanent representatives shall receive honoraria or emoluments as may be determined by the Council in accordance with existing budget and accounting rules and regulations.

Article 2 Secretariat

The Secretariat for the Council is established in accordance with Section 22 of the Act. To ensure the effective operation and implementation of its functions and the efficient delivery of services, the Secretariat shall be composed of the Operations Division and Policy and Program Division, comprising various operational sections, such as, the Training Section, Public Information and Communications Section, Case Monitoring and Task Force Section, Planning Section and External Affairs Section.

The Secretary of Justice shall review the organizational structure of the Secretariat vis-a-vis its functions for the purpose of increasing the staff. Such organizational structure and staffing pattern shall be submitted to the Department of Budget and Management (DBM) for its approval.

The IACAT Secretariat shall provide support for the functions and projects of the Council and shall have the following functions:

The Secretariat shall be headed by an Executive Director and shall be appointed by the Secretary of Justice, upon the recommendation of the Council. The Executive Director shall be under the direct supervision of the Secretary of Justice. He shall be assisted by two (2) Deputy Executive Directors for each division.

The Executive Director must have adequate knowledge on TIP and sufficient education, training and experience in the field of law, law enforcement, social work, criminology or psychology.

The Executive Director shall perform the following functions:

Review and full implementation of the Philippine AntiTrafficking in Persons Database (PATD). The Council shall review the PATD for the purpose of enhancing its features. The process shall also include the review of the existing data bases, such as but not limited to, NRRD, Integrated Case Management System (ICMS) and the Prosecutors TIP Case Management System (PTCMS). The PATD shall serve as the central antitrafficking database referred to in Section 16-A of the Act. For this purpose, the IACAT Secretariat shall develop the operations manual of the PATD that will include requirements for authorizing and monitoring access to the database. The IACAT Secretariat shall be the administrator of the PATD.

To ensure efficient data collection, the Council, through the Secretariat, shall undertake measures to harmonize and standardize relevant databases, especially as regards minimum data requirements, definitions, reporting formats, data collection systems, and data verification systems. It shall make sure that such databases shall have, at the minimum, the following information:

All government agencies tasked under the law to undertake programs and render assistance to address TIP shall develop their respective monitoring and data collection systems and databases, for purposes of ensuring efficient collection and storage of data on TIP cases handled by their respective offices. Such data shall be submitted to the Council for integration.

Article 4 Roles and Responsibilities of Relevant Agencies

All member government agencies of the Council shall have the following common roles and responsibilities:

The following national government agencies shall have, but not limited to, the following roles and responsibilities in the prevention and suppression of TIP and the protection and assistance of trafficked persons:

The NGO members of the Council shall have the following roles and responsibilities:

Consistent with their mandates under existing laws, the following agencies shall integrate TIP issues in their strategy and program formulation and implement programs and services for the prevention and suppression of TIP and for the protection of trafficked persons.

In implementing the Act and these rules and regulations, the agencies concerned may seek and enlist the assistance of NGOs, peoples organizations (POs), civic organizations and other volunteer groups, which will all likewise be encouraged to assume the same roles and responsibilities enumerated in Section 142.

LGUs shall develop and implement programs to prevent TIP, monitor and document TIP cases, and provide support to trafficked persons including their subsequent rehabilitation and reintegration. To this end, they shall:

The DILG shall ensure compliance by LGUs of this provision, investigate violations thereof, and recommend the appropriate filing of an administrative case against erring public officials to the Ombudsman. Any act or omission in violation of this provision, and which is defined and penalized under the RPC or any special law, shall be prosecuted and punished under the applicable law.

Article 5 Duties and Responsibilities of the Private Sector

Internet intermediaries, including ISPs, internet content hosts, participative network platform providers, financial intermediaries, and electronic money issuers, shall:

Provided, That for foreign internet intermediaries, the terms of service or service agreements of which, whether for one or more contents, products, or services, already incorporate a substantially similar prohibition shall be deemed compliant with this provision;

Provided, further, That this requirement applies to terms of service or service agreements with third-party users or creators of contents, products, and services for, or applicable to, products and services accessible from the Philippines.

Provided, That the list is updated regularly by partnering or coordinating with, or obtaining memberships in, widely-recognized organizations and coalitions that maintain a comprehensive list of child abuse image content, URL list and image hashes, among others.

Provided, That, upon notice by the DOJ, PNP, NBI, or the DICTCICC, the preservation of such relevant evidence shall be extended for another year as may be deemed necessary.

Provided however, That the relevant evidence that needs preservation shall be expressly identified and specified. For the purpose of extending the preservation of subscribers or registrants information and traffic data, the DOJ, PNP, NBI or the DICT-CICC shall coordinate with the internet intermediary.

Provided, That the provision in the preceding paragraph on preservation of subscriber data shall apply and shall be extended as may be deemed necessary by the DOJ, PNP, NBI, or the DICTCICC. Notice herein shall mean written notice from the DOJ, PNP, NBI, or DICT-CICC, which states among others:

Provided, That in case a foreign internet intermediary is prohibited by its country to share data, the reports filed by such foreign internet intermediary to the corresponding entity tasked by its government to receive cybercrime reports shall be deemed in compliance with this provision;

Provided, however, That the said foreign internet intermediary shall inform the DOJ, PNP, NBI, or the DICT-CICC of such reporting;

Provided further, That whatever relevant data said foreign internet intermediary is not prohibited to share shall nevertheless be reported to the DOJ, PNP, NBI, or the DICT-CICC;

Provided finally, That no internet intermediary shall be held civilly liable for damages on account of any notice given in good faith in compliance with this section.

Provided, That the request must particularly describe the information asked for and indicate the relevancy of such information to such case. The request, which shall be in writing, must:

Any person who violates this Section, which is penalized under Section 9 of the Act, shall suffer the penalty of a fine of not less than Two million pesos (2,000,000.00) but not more than Five million pesos (5,000,000.00) for the first offense. In case of subsequent offense, the penalty of a fine of not less than Two million pesos (2,000,000.00) but not more than Ten million pesos (10,000,000.00) and revocation of franchise and license to operate. Without prejudice to the criminal liability of the person or persons willfully refusing to perform the responsibilities under Section 9 of the Act, juridical persons owning or managing the aforementioned enterprises shall be subsidiarily liable and their license or permit to operate may be revoked.

Willful and intentional violations of the duties and responsibilities prescribed herein and under Section 9 of the Act are punishable by six (6) years imprisonment and a fine of not less than five hundred thousand pesos (P500,000.00) as provided under Section 10(f) of the Act.

Hotspots and Kiosks, Money Transfer and Remittance Centers, Transport Services, Tourism Enterprises, Malls, and Other Business Establishments Open and Catering to the Public.

Provided, That public display of any form of CSAEM or CSAM within their premises is a conclusive presumption of the knowledge of the owners, operators, or lessors of business establishments of the violation of the Act.

Any person who violates this Section, which is penalized under Section 9 of the Act, shall suffer the penalty of a fine of not less than Two million pesos (2,000,000.00) but not more than Five million pesos (5,000,000.00) for the first offense.

In case of subsequent offense, the penalty of a fine of not less than Two million pesos (2,000,000.00) but not more than Ten million pesos (10,000,000.00) and revocation of franchise and license to operate. Without prejudice to the criminal liability of the person or persons willfully refusing to perform the responsibilities under Section 9 of the Act, juridical persons owning or managing the aforementioned enterprises shall be subsidiarily liable and their license or permit to operate may be revoked. Willful and intentional violations of the duties and responsibilities prescribed herein and under Section 9 of the Act are punishable by six (6) years imprisonment and a fine of not less than five hundred thousand pesos (P500,000.00) as provided under Section 10(f) of the Act.

Provided, That public display of any form of CSAEM or CSAM within their premises is a conclusive presumption of the knowledge of the owners, operators, or lessors of business establishments of the violation of the Act.

Any person who violates this Section, which is penalized under Section 9 of the Act, shall suffer the penalty of a fine of not less than Two million pesos (2,000,000.00) but not more than Five million pesos (5,000,000.00) for the first offense. In case of subsequent offense, the penalty of a fine of not less than Two million pesos (2,000,000.00) but not more than Ten million pesos (10,000,000.00) and revocation of franchise and license to operate. Without prejudice to the criminal liability of the person or persons willfully refusing to perform the responsibilities under Section 9 of the Act, juridical persons owning or managing the aforementioned enterprises shall be subsidiarily liable and their license or permit to operate may be revoked.

Willful and intentional violations of the duties and responsibilities prescribed herein and under Section 9 of the Act are punishable by six (6) years imprisonment and a fine of not less than five hundred thousand pesos (P500,000.00) as provided under Section 10(f) of the Act.

Any financial intermediary or person working for, related to, or who has direct knowledge of any TIP-related financial activity or transaction conducted through a financial intermediary, shall have the duty to report any suspected TIP-related activity or transaction to the concerned LEAs. Likewise, financial intermediaries shall have the duty to report these activities to the AMLC in accordance with the suspicious transaction reporting mechanism under R.A. No. 9160, as amended.

The AMLC shall promulgate the necessary rules and regulations for the implementation of this provision which shall include, among others, the guidelines to determine suspicious activity and indicators that TIP-related activities are being conducted. The AMLC shall provide the necessary guidelines with regard to this provision within three (3) months from the effectivity of the Act.

Notwithstanding the provisions of R.A. No. 1405, as amended (An Act Prohibiting Disclosure of or Inquiry Into, Deposits With Any Banking Institution, And Providing Penalty Therefor), R.A. No. 6426 as amended, (Foreign Currency Deposit Act of the Philippines), R.A. No. 8791 (The General Banking Law of 2000), and other pertinent laws, the LEAs investigating TIP cases may inquire into or examine any particular deposit or investment, including related accounts, with any banking institution or non-bank financial institution; or require financial intermediaries, internet payment system providers, and other financial facilitators to provide financial documents and information, upon order of any competent court based on ex parte application in cases of violations of the Act, when it has been established that there is reasonable ground to believe that the deposit or investments, including related accounts involved, are related to TIP and violations of the Act.

Any person who violates this Section, which is penalized under Section 9 of the Act, shall suffer the penalty of a fine of not less than Two million pesos (2,000,000.00) but not more than Five million pesos (5,000,000.00) for the first offense. In case of subsequent offense, the penalty of a fine of not less than Two million pesos (2,000,000.00) but not more than Ten million pesos (10,000,000.00) and revocation of franchise and license to operate. Without prejudice to the criminal liability of the person or persons willfully refusing to perform the responsibilities under Section 9 of the Act, juridical persons owning or managing the aforementioned enterprises shall be subsidiarily liable and their license or permit to operate may be revoked.

Willful and intentional violations of the duties and responsibilities prescribed herein and under Section 9 of the Act are punishable by six (6) years imprisonment and a fine of not less than five hundred thousand pesos (P500,000.00) as provided under Section 10(f) of the Act.

Hotels, Transient and Residential Houses, Condominium, Dormitories and Apartments or any Analogous Living Spaces. All owners, lessors, sub-lessors, operators of hotels, residential homes and dwellings offered for transient use, condominiums, dormitories, apartments, or any analogous living spaces shall notify the PNP or the NBI immediately but not later than forty- eight (48) hours from obtaining facts and circumstances that TIP activities or OSAEC activities are being committed within their premises;

Provided, That actual knowledge by the owners, lessors, sub lessors, operators, or owners, lessors, or sub lessors of other business establishments is required for prosecution under the Act. Provided, further, That the receipt of information that TIP activity has taken place in the premises also gives rise to the duty to notify the PNP or the NBI.

Any person who violates this Section, which is penalized under Section 9 of the Act, shall suffer the penalty of a fine of not less than Two million pesos (2,000,000.00) but not more than Five million pesos (5,000,000.00) for the first offense. In case of subsequent offense, the penalty of a fine of not less than Two million pesos (2,000,000.00) but not more than Ten million pesos (10,000,000.00) and revocation of franchise and license to operate. Without prejudice to the criminal liability of the person or persons willfully refusing to perform the responsibilities under Section 9 of the Act, juridical persons owning or managing the aforementioned enterprises shall be subsidiarily liable and their license or permit to operate may be revoked.

Willful and intentional violations of the duties and responsibilities prescribed herein and under Section 9 of the Act are punishable by six (6) years imprisonment and a fine of not less than five hundred thousand pesos (P500,000.00) as provided under Section 10(f) of the Act.

The duties and obligations of the above entities as stated herein, when requested by law enforcers, prosecutors, and other investigative bodies through proper processes and done in good faith, shall not be construed as a violation of R.A. No. 10175 and R.A. No. 10173.

Article 6 Sub-national structures against TIP

The existing Regional InterAgency Committee Against Trafficking in Persons and Violence Against Women and Children (RIACAT-VAWC), as well as the Local Committee against Trafficking in Persons and Violence against Women and Children (LCATVAWC) established at the provincial and city/municipality levels pursuant to the Joint Resolution of the Inter-Agency Council Against Trafficking (IACAT) and the Inter-Agency Council on Violence Against Women and Their Children (IACVAWC) adopted by Council on June 14, 2006 and by IAC-VAWC on June 20, 2006 shall continue to exist and function.

As originally contemplated, it shall serve as the policy and program coordinating and monitoring body of anti-trafficking efforts at the local level.

The LCAT-VAWC, through the local social workers and in coordination with the barangay officials, shall identify communities and families that are vulnerable to TIP for purposes of providing appropriate interventions. They shall also recommend ordinance to implement local programs and interventions on anti-trafficking in persons.

The existing subnational structures shall prepare and submit annual reports on local initiatives according to the following schedule:

The DSWD and DILG shall provide technical assistance to LGUs in organizing or strengthening the LCAT-VAWC. They shall likewise develop templates for local policies and standards on the functionality of these structures in addressing TIP. They shall also promote the utilization of the NRS and the PATD. They shall regularly report to the Council the number of organized local structures and the activities undertaken by the local structures for inclusion in the annual and other reports of the Council.

The other member agencies of the Council including other NGOs shall likewise extend assistance to local LGUs in organizing local IAC-VAWCs, especially in building local capacity on developing TIP prevention programs and protection, recovery and reintegration programs for trafficked. They shall report to the Council such assistance and support to LGUs for inclusion in the annual and other reports of the Council and ensure to provide or include in their annual budget/appropriation funds for the implementation of anti-trafficking programs and initiatives.

Article 7 Anti-Trafficking Task Forces and Special Law Enforcement Units

These specialized task forces and units shall periodically conduct sharing of information sessions, typology workshops and similar activities to allow the exchange of experiences and practices in the conduct of surveillance, interdiction, arrest, investigation and prosecution of TIP cases among the members of various task forces, specialist units and prosecutors toward enhancing strategies and mechanisms to combat TIP.

Article 8 Capacity Building

The Council, in consultation with member agencies and other stakeholders, shall develop and implement an integrated human resource development program for all government officials and personnel dealing with the issue of TIP. Such plan shall be pursued within the human rights based approach and in a child- and gender-sensitive framework. For this purpose, the Council and its member agencies shall allocate resources to implement the program.

The Council shall continuously develop manuals, guidelines and other similar instruments as may be necessary to enhance victim identification procedures, protection and assistance to trafficked persons, and investigation and prosecution of cases, and strengthen inter-agency collaboration.

RULE IX PROHIBITED ACTS AND PENALTIES

Article 1 Prohibited Acts and Penalties

The following acts are prohibited under R.A. 9208, as amended:

Provided, That when the victim is a child, the means to commit these unlawful acts as enumerated in the first paragraph of this section shall not be necessary;

Provided further, That in the case of overseas domestic work, a child means a person below twenty-four (24) years old. Under Section 10(a) of the Act, any person found guilty of committing any of these acts 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) Acts that promote trafficking in persons. Section 5 of the Act prohibits any person to commit the following acts which promote or facilitate TIP:

Any person who violates Section 161(13), which is prohibited under Section 5(m) of the Act, shall be deemed to have committed unlawful activities and shall be penalized for money laundering as defined in R.A. No. 9160, as amended. (c) Violation of Confidentiality. Section 7 of the Act prohibits:

Provided, That P.D. No. 968 (Probation Law) shall not apply, any person found guilty of this act shall suffer the penalty of:

Provided, however, That the following acts shall be exempted thereto:

If in violating this section the offender also violates Section 4, the offender shall be penalized under Section 10 and, if applicable, for qualified trafficking instead of under this section; (e) Deportation.

If a foreigner commits any offense described by paragraph (1) or (2) of this Section or violates any pertinent provision of the Act as an accomplice or accessory to, or by attempting any such offense, he/she shall be immediately deported after serving his or her sentence and be barred permanently from entering the country; and

If the offender is a public official, he or she shall be dismissed from service and shall suffer perpetual absolute disqualification to hold public office, in addition to any imprisonment or fine received pursuant to any other provision of the Act.

Section 4(b) of the Act prohibits the attempt to commit any of the offenses enumerated in Section 4 thereof. Where there are acts to initiate the commission of a TIP offense but the offender failed to or did not execute all the elements of the crime, by accident or by reason of some cause other than voluntary desistance, such overt acts shall be deemed as an attempt to commit an act of TIP.

In cases where the victim is a child, any of the following acts shall also be deemed as attempted trafficking in persons:

Section 4(b) of the Act prohibits any person who knowingly aids, abets, cooperates in the execution of any of the offenses defined in the Act by previous or simultaneous acts shall be punished as an accomplice under Section 10(c) of the Act 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).

Whoever has the knowledge of the commission of the crime, and without having participated therein, either as principal or as accomplice, take part in its commission in any of the following manners:

The acts of trafficking in persons under Section 6 of the Act shall be considered as qualified trafficking:

Provided, That acts of OSAEC shall be without prejudice to appropriate investigation and prosecution under other related laws;

Article 2 Application of Penalties and Other Sanctions

When the trafficked person is a child, the license of a recruitment or manning agency shall be automatically revoked and shall be penalized with a fine of not less than One million pesos (P1,000,000.00) but not more than Three million pesos (P3,000,000.00) per recruited underage migrant worker. All fees pertinent to the processing of papers or documents in the recruitment or deployment of the underage migrant worker shall be refunded by the responsible recruitment or manning agency, without need of notice, to the underage migrant worker or to the latters parent or guardian. The refund shall be independent of and in addition to the indemnification or damages sustained by the underage migrant worker. The refund shall be paid within thirty (30) days from the date of the mandatory repatriation.

In addition to the penalty imposed for the violation of the 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.

RULE X FINAL PROVISIONS

Article 1 Appropriations and Other Funding Sources

The amount necessary to implement the provisions of the Act shall be charged against the current years appropriations of the Council under the budget of the DOJ and the appropriations of the other concerned departments. Thereafter, such sums necessary for the continued implementation of the Act shall be included in the annual General Appropriations Act.

The amount collected from every penalty, fine or asset derived from any violation of the Act shall be earmarked as additional funds for the use of the Council. The fund may be augmented by grants, donations and endowment from various sources, domestic or foreign, for purposes related to their functions, subject to the existing accepted rules and regulations of the Commission on Audit.

The Council shall establish and manage a Trust Fund which shall be sourced from all fines imposed under the Act and the proceeds and properties forfeited and confiscated pursuant to Section 14 of the Act, as well as those collected by the AMLC 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 TIP and protect, rehabilitate, reintegrate trafficked persons into the mainstream of society.

The Trust Fund shall be used exclusively for programs that will prevent acts of TIP and assist, protect, rehabilitate, reintegrate trafficked persons into the mainstream of society. Such programs shall include, but not limited to the following:

Subject to existing government accounting and auditing rules and regulations, the Council may augment agency and member-NGO funds for implementation of special programs and services for trafficked persons.

The use and disbursement of the Trust Fund shall be subject to the approval of at least twothirds (2/3) of the members of the Council and shall be governed by existing government accounting and auditing rules and regulations.

The heads of department, agencies concerned and LGUs shall include in their annual appropriations the funding necessary to implement programs and services required by the Act and these rules and regulations.

National government agencies and LGUs may include the programs, projects and activities required to carry out their mandate under the Act and these rules and regulations in their annual Gender and Development (GAD) Plan and Budget, in accordance with the GAD Planning and Budgeting Guidelines issued by the PCW.

Article 2 Miscellaneous

The provisions of R.A. No. 7610 remain applicable and shall not in any way be amended or repealed by the provisions of the Act.

This Implementing Rules and Regulations (IRR) maybe amended, modified or supplemented by the Council when necessary for effective implementation and enforcement of R.A. No. 9208, as amended.

The declaration of invalidity of any part of the rules and regulations or part thereof shall not affect the validity of the remaining provisions.

Pertinent provisions of rules, regulations, and resolutions contrary to or inconsistent with the provisions of the Act and this IRR are hereby repealed or modified accordingly.

These rules and regulations shall take effect fifteen (15) days after its complete publication in the Official Gazette.

END