MONEY LAUNDERING

RA 9160, RA 1067, RA 10167, RA 10365

What is MONEY LAUNDERING
SECTION 4. MONEY LAUNDERING OFFENSE Money laundering is a
crime whereby the proceeds of an unlawful activity as herein defined are
transacted, thereby making them appear to have originated from
legitimate sources.
Kato mahilig manan-aw ug kanang mga mafia movies, diba? They put
their illegally derived proceeds, deposit it in the bank and then when
they withdraw it, it comes out clean. Diba? Money laundering. Gi labhan
nila ilang dirty money.
A. DEFINITIONS
Covered institution"/Covered persons refers to:
(1) banks, non-banks, quasi-banks, trust entities, and all other
institutions and their subsidiaries and affiliates supervised or
regulated by the Bangko Sentral ng Pilipinas (BSP);
(2) insurance companies and all other institutions supervised or
regulated by the Insurance Commission; and
(3) (i) securities dealers, brokers, salesmen, investment houses and
other similar entities managing securities or rendering services as
investment agent, advisor, or consultant, (ii) mutual funds, closedend investment companies, common trust funds, pre-need
companies and other similar entities, (iii) foreign exchange
corporations, money changers, money payment, remittance, and
transfer companies and other similar entities, and (iv) other entities
administering or otherwise dealing in currency, commodities or
financial derivatives based thereon, valuable objects, cash
substitutes and other similar monetary instruments or property
supervised or regulated by Securities and Exchange Commission.
But kaning balaod mabutangan jud ug loophole.
"Notwithstanding the foregoing, the term 'covered persons' shall
exclude lawyers and accountants acting as independent
legal professionals in relation to information concerning their clients
or where disclosure of information would compromise client
confidences or the attorney-client relationship: Provided, That
these lawyers and accountants are authorized to practice in the
Philippines and shall continue to be subject to the provisions of their
respective codes of conduct and/or professional responsibility or any
of its amendments."
So ikaw, if money launderer ka, adto dayon kas imo abogado. O diba
mu ingon lng kag Attorney.. that already starts the lawyer-client
relationship and that can be a loophole because of the confidential
nature. Nana sa inyong Remedial Law.

COVERED TRANSACTION is a transaction in cash or other equivalent

monetary instrument involving a total amount in excess of Five hundred
thousand pesos (P500,000.00) within one (1) banking day."
So if youre a super rich person and you are in the business where you
transact in the amount of P500,000 within one banking day, unsa man,
prison na ka? No.
The concept there is that theres an obligation of the covered
institutions that they have to report whenever these kinds of
transactions come in. But of course, it doesnt stop there. So if it can
be explained that it is from a legitimate source, wala ra. Ang kato ra
mga illegitimate.
So a covered transaction, its the amount that determines. No matter
what the transaction may be, its the amount that matters there, in the
excess of P500,000.
'SUSPICIOUS TRANSACTION' are transactions with covered institutions,
regardless of the amounts involved, where any of the following
circumstances exist:
1) there is no underlying legal or trade obligation, purpose or economic
justification;
2) the client is not properly identified;
3) the amount involved is not commensurate with the business or
financial capacity of the client;
4) taking into account all known circumstances, it may be perceived
that the client's transaction is structured in order to avoid being the
subject of reporting requirements under the Act;5. any circumstance
relating to the transaction which is observed to deviate from the
profile of the client and/or the client's past transactions with the
covered institution;
5) the transaction is in any way related to an unlawful activity or
offense under this Act that is about to be, is being or has been
committed; or SEIDAC
6) any transaction that is similar or analogous to any of the foregoing."
So I guess in here, it is up to the bank to determine the presence of these
circumstances. So how does the bank consider that? Naay uban dira ka
sando, ga tsinelas pero ga dala ug millions. Ingnon dayon Ah! Drug
dealer na. Nya kung businessman diay na? Naa biyay mga business na di
ka kelangan mag dress up.
So what if the bank would not report it and they would say that we did
not see any circumstance that would make us conclude that he was
trying to avoid the reporting requirement?

MONEY LAUNDERING
RA 9160, RA 1067, RA 10167, RA 10365

"MONETARY INSTRUMENT" refers to:

(1) coins or currency of legal tender of the Philippines, or of any other
country;
(2) drafts, checks and notes;
(3) securities or negotiable instruments, bonds, commercial papers,
deposit certificates, trust certificates, custodial receipts or deposit
substitute instruments, trading orders, transaction tickets and
confirmations of sale or investments and money market instruments;
and
(4) other similar instruments where title thereto passes to another by
endorsement, assignment or delivery. O dba? Does not help us at
all

MONEY LAUNDERING
RA 9160, RA 1067, RA 10167, RA 10365
UNLAWFUL ACTIVITY
In the latest amendment of AMLA, there are about 34 unlawful activities
enumerated. Nya, number 34: Offenses of the similar nature punishable
under the penal laws of other countries.
B. WHO COMMITS MONEY LAUNDERING?
SECTION 4. It is committed by the following:
(a) transacts said monetary instrument or property;
(b) Converts, transfers, disposes of, moves, acquires, possesses or uses
said monetary instrument or property;
(c) Conceals or disguises the true nature, source, location, disposition,
movement or ownership of or rights with respect to said monetary
instrument or property;
(d) Attempts or conspires to commit money laundering offenses
referred to in paragraphs (a), (b) or (c);
Normally attempted stages are only punished by RPC,
unless SPL defines it. Since it is defined here, attempt to
Money launder is punished
(e) aids, abets, assists in or counsels the commission of the money
laundering offenses referred to in paragraphs (a), (b) or (c) above;
and
(f) Performs or fails to perform any act as a result of which he facilitates
the offense of money laundering referred to in paragraphs (a), (b) or
(c) above.
Money laundering is also committed by any covered person who,
knowing that a covered or suspicious transaction is required under this
Act to be reported to the Anti-Money Laundering Council (AMLC), fails to
do so.
C. WHO HAS JURISDICTION OVER MONEY LAUNDERING?
SECTION 5
The regional trial courts shall have jurisdiction to try all cases on
money laundering. Those committed by public officers and private
persons who are in conspiracy with such public officers shall be under
the jurisdiction of the Sandiganbayan.

D. HOW TO PROSECUTE AMLA?

SECTION 6
(a) Any person may be charged with and convicted of both the offense
of money laundering and the unlawful activity as herein defined.
(b) The prosecution of any offense or violation under this Act shall
proceed independently of any proceeding relating to the unlawful
activity."
So what if you commit money laundering? And its a violation of the Cave
Resources Act, namaligya kag stalactites?
Under Section 6, you can be charged with AMLA AND the violation of the
SPL (Cave Resources). If money out of the ransom in kidnapping, AMLA
AND kidnapping with ransom. Remember, AND, not OR.
And then you cannot say na double jeopardy ka because the money
laundering is a separate, different crime from the unlawful act of
kidnapping.
E. WHAT IS THE CONSTITUTION OF THE AMLCouncil?
SECTION 7.
The Anti-Money Laundering Council is hereby created and shall be
composed of the:
Chairman: Governor of the Bangko Sentral ng Pilipinas
Members: Commissioner of the Insurance Commission and
Chairman of the Securities and Exchange Commission
The AMLC shall act unanimously in the discharge of its functions.
F. IF YOU ARE A COVERED INSTITUTION? HOW DO YOU COMPLY WITH
THE OBLIGATION TO REPORT?
Covered institutions have to put up a SYSTEM so they can easily identify
transactions that have to be reported to the council as provided by
Section 9.
Basically the system has to have
(a) Costumer identification
(b) Record keeping
(c) Reporting of any covered transaction
Must be reported within five (5) working days from the
knowledge of occurrence thereof
So the institutions are given the latitude to come up with their own
system so long as these three elements are present.

MONEY LAUNDERING
RA 9160, RA 1067, RA 10167, RA 10365
G. AUTHORITY TO FREEZE
SEC. 10
(1) Upon a verified ex parte petition by the AMLCouncil
Meaning without prior notice because you are not obliged to
notify the other party because it would because it would
become a useless exercise kay kung makaybalo siya padulong ifreeze iya accounts, unsa may buhaton? Ibalhin na. By the time
you get your freeze order, theres nothing to freeze
(2) and after determination that probable cause exists,
Court of Appeals may issue a freeze order which shall be effective
immediately, and which shall not exceed six (6) months depending
upon the circumstances of the case Provided, That if there is no case
filed against a person whose account has been frozen within the period
determined by the court, the freeze order shall be deemed ipso
facto lifted (automatically lifted di na kelangan mangayo ug lift order)
A person whose account has been frozen may file a motion to lift the
freeze order and the court must resolve this motion before the expiration
of the freeze order.
No court shall issue a temporary restraining order or a writ of injunction
against any freeze order, except the Supreme Court."
(Sa lecture ni Sir but wala ko kakita asa nga amendment ang basis ani:)
No freeze order can be ordered for an indefinite period.
The freeze order may be extended by the Court of Appeals for a period
not to exceed 6 months. 6 months may be extended but must be filed
before the expiration of the period.

H. AUTHORITY TO A BANK INQUIRY

Theres a freeze order, theres also an order to authorize a bank inquiry,
lahi pud na siya. Thats under Section 11.
SECTION 11
xxx the AMLC may inquire into or examine any particular deposit or
investment, including related accounts, with any banking institution or
non-bank financial institution upon order of any competent court based
on an ex parte application in cases of violations of this Act, when it
has been established that there is probable cause that the deposits or
investments, including related accounts involved, are related to an
unlawful activity or a money laundering offense
In Cases of Violations of This Act
Does that mean that there should be a conviction of AMLA?
Or must there be a pending case? Or is it sufficient to
establish by competent evidence that there are violations of
AMLA?
Answer: Read RP v EUGENIO G.R. No. 174629. February 14, 2008,
mu gawas daw ni sa exam
Carillo tips: A question may come about distinguish a freeze order
from an authority to bank inquiry order. Naa na sa Eugenio, basaha
na.
I. CIVIL FORFEITURE
Last time I checked Supreme Court website, nay asterisk nga wala ni
labot sa exam. Pero ambot kung naa paba tong asterisk.

DANGEROUS DRUGS ACT

DECLARATION OF POLICY (SEC 2)
It is the policy of the State to safeguard the integrity and the well-being
of its citizenry particularly the youth, from the harmful effects of
dangerous drugs on their physical and mental well-being,
DEFINITIONS (SEC 3)

Controlled Precursors and Essential Chemicals include those

listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic
in Narcotic Drugs and Psychotropic Substances as enumerated in the
attached annex, which is an integral part of this Act.

Dangerous Drugs include those listed in the Schedules annexed to

the 1961 Single Convention on Narcotic Drugs, as amended by the
1971 Protocol, and in the Schedules annexed in the 1971 Single
Convention on Psychotic Substances as enumerated in the attached
annex which is an integral part of this act.

Deliver any act of knowingly passing a dangerous drug to another,

personally or otherwise, and by any means, with or without
consideration.

Den, Dive or Resort a place where any dangerous drug and/or

controlled precursor and essential chemical is administered, delivered,
stored for illegal purposes, distributed, sold or used in any form.

Dispense any act of giving away, selling or distributing medicine or

any dangerous drug with or without the use of prescription.

Sell any act of giving away any dangerous drug and/or controlled
precursor and essential chemical whether for money or any other
consideration.

ART. II, UNLAWFUL ACTS & PENALTIES

Importation (Sec 4)

Sale, Trading, Administration, Dispensation, Delivery, Distribution and

Transportation (Sec 5)

Maintenance of Den, Dive or Resort (Sec 6)

Employees or visitors of Den, Dive or Resort (Sec 7)

Manufacture (Sec 8)

Illegal Chemical Diversion (Sec 9)

Possession (Sec 11)

Possession of paraphernalia (Sec 12)

Possession of drugs/paraphernalia during parties, social gatherings,

meetings (Sec 13/14)

Use (Sec 15)

Cultivation or culture of plants (Sec 16)

Unnecessary prescription (Sec 18) practitioner, who shall

prescribe any dangerous drugs to any person whose physical or
psychological condition does not require the use or in the dosage
prescribed.

Unlawful prescription (Sec 19) any person, who, unless

authorized by law, shall make or issue a prescription or any other
writing purporting to be a prescription for any dangerous drug.

DANGEROUS DRUGS ACT

BUY-BUST OPERATION (SEC 5)
We therefore stress that the objective test in buy-bust operations
demands that the details of the purported transaction must be
clearly and adequately shown.
This must start from the:
1.) initial contact between the poseur-buyer and the pusher,
2.) the offer to purchase, the
3.) promise or payment of the consideration until the
4.) Consummation of the sale by the delivery of the illegal drug
subject of the sale.
ELEMENTS OF SEC 5
The elements necessary for the prosecution of ILLEGAL SALE of
drugs are:
(1) The identity of the buyer and the seller, the object, and
consideration; and
(2) The delivery of the thing sold and the payment therefor.
What is material to the prosecution for illegal sale of dangerous
drugs is the proof that the transaction actually took place,
coupled with the presentation in court of evidence of corpus
delicti.
ELEMENTS OF SEC 11
The elements necessary for the prosecution of ILLEGAL
POSSESSION of dangerous drugs are:
(1) the accused is in possession of an item or object which is
identified to be a prohibited drug;
(2) such possession is not authorized by law; and
(3) the accused freely and consciously possessed the said drug.
ACTUAL VS CONSTRUCTIVE POSSESSION
Possession, under the law, includes not only actual possession, but also
constructive possession.
ACTUAL POSSESSION exists when the drug is in the immediate
physical possession or control of the accused.
On the other hand, CONSTRUCTIVE POSSESSION exists when the drug
is under the dominion and control of the accused or when he has the
right to exercise dominion and control over the place where it is found.
INTENT TO POSSESS
Such fact of possession may be proved by direct or
circumstantial evidence and any reasonable inference drawn

therefrom. However, the prosecution must prove that the accused

had KNOWLEDGE OF THE EXISTENCE AND PRESENCE OF THE
DRUG in the place under his control and dominion and the
character of the drug.

DANGEROUS DRUGS ACT

PRESUMPTION OF INTENT TO POSSESS
In the case at bar, appellant was caught in actual possession of a
prohibited drug which he could not show was duly authorized by law.
Having been caught in flagrante delicto, there is a prima facie
evidence of animus possidendi on appellants part, xxx the finding
of a dangerous drug in the house or within the premises of the
house of the accused is prima facie evidence of knowledge or
animus possidendi and is enough to convict in the absence of a
satisfactory explanation.
SEC 21 DISPOSITION OF SEIZED ARTICLES

Physical inventory and photograph of evidence

Submit drugs to laboratory within 24 hrs

Laboratory to issue certificate within 24 hrs

Court conducts an ocular inspection within 72 hrs from filing of case

Board issues certification of destruction of drugs. Representative

sample kept to a minimum
BONDAD vs PEOPLE
In fine, as the failure to comply with the aforesaid requirements of
the law compromised the identity of the items seized, which is the
corpus delicti of each of the crimes charged against appellant, his
acquittal is in order.

PRESERVATION OF INTEGRITY OF SEIZED ITEMS

It is very clear from the language of the law that there are exceptions to
the requirements. Therefore, contrary to appellants assertions, Sec 21
need not be followed with pedantic rigor. It has been settled that
non-compliance with Sec 21 does not render an accuseds arrest
illegal or the items seized/confiscated from the accused
inadmissible. What is essential is the preservation of the
integrity and the evidentiary value of the seized items, as the
same would be utilized in the determination of the guilt or
innocence of the accused.
CHAIN OF CUSTODY
As held by the Court in MALILLIN vs PEOPLE, the testimonies of all
persons who handled the specimen are important to establish
the chain of custody.
CHAIN OF CUSTODY (MARCELINO)
(1) Police officer who seized the evidence marked the same;

(2)
(3)
(4)
(5)

Request for a laboratory examination of the marked items;

Receipt by the crime laboratory of the marked items;
Chemistry report confirmed that the items were shabu;
Marked items were offered in evidence.

DANGEROUS DRUGS ACT

NO PLEA BARGAINING
Section 23. Plea-Bargaining Provision Any person charged
under any provision of this Act regardless of the imposable penalty
shall not be allowed to avail of the provision on plea-bargaining.
PROBATION
Section 24. Non-applicability of the Probation Law for Drug
Traffickers and Pushers Any person convicted for drug trafficking
or pushing under this Act, regardless of the penalty imposed by the
Court, cannot avail of the privilege granted by the Probation Law
or Presidential Decree No. 968, as amended.
PLANTING OF EVIDENCE
Section 29. Criminal Liability for Planting of Evidence Any
person who is found guilty of planting any dangerous drug and/or
controlled precursor and essential chemical, regardless of quantity and
purity, shall suffer the penalty of death.
SJS vs DANGEROUS DRUG BOARD AND PDEA

Students in secondary and tertiary schools;

Officers and employees of public and private offices

All persons charged before the prosecutors office with a criminal

offense having an imposable penalty of imprisonment of not less than
six (6) years and one (1) day shall have to undergo a mandatory drug
test; and

All candidates for public office whether appointed or elected both in

national or local government shall undergo a mandatory drug test.

STUDENTS
Guided by Vermonia and Board of Education, the Court is of the view and
so holds that the provisions of RA 9165 requiring mandatory, random,
and suspicionless drug testing of students are constitutional.
Indeed, it is within the prerogative of educational institutions to require,
as a condition for admission, compliance with reasonable school rules
and regulations and policies. To be sure, the right to enrol is not
absolute; it is subject to fair, reasonable, and equitable
requirements.
EMPLOYEES IN THE PRIVATE SECTOR
Taking into account the foregoing factors, i.e, the reduced expectation of
privacy on the part of the employees, the compelling state concern likely
to be met by the search, and the well-defined limits set forth in the law
to properly guide authorities in the conduct of the random testing, we

hold that the challenged drug test requirement is, under the
limited context of the case, reasonable and, ergo, constitutional.

DANGEROUS DRUGS ACT

GOVERNMENT OFFICIALS AND EMPLOYEES
Like their counterparts in the private sector, government officials and
employees also labor under the reasonable supervision and restrictions
imposed by the Civil Service Law and other laws on public officers, all
enacted to promote a high standard of ethics in the public service. And if
RA 9165 passes the norm of reasonableness for private employees, the
more reason that it should pass the test for civil servants, who, by
constitutional command, are required to be accountable at all
times to the people and to serve them with utmost responsibility
and efficiency.
PERSONS CHARGED (6 YEARS AND 1 DAY)
To impose mandatory drug testing on the accused is a blatant
attempt to harness a medical test as a tool for criminal
prosecution, contrary to the stated objectives of RA 9165.

Drug testing in this case would violate a persons right to privacy

guaranteed under Sec 2, Art III of the Constitution. Worse still, the
accused persons are veritably forced to incriminate themselves.
CANDIDATES FOR PUBLIC OFFICE
Viewed, therefore, in its proper context, Sec 36 (g) of RA 9165 and the
implementing COMELEC Resolution add another qualification layer to
what the 1987 Constitution, at the minimum, requires for membership in
the Senate. Whether or not the drug-free bar set up under the
challenged provision is to be hurdled before or after election is
really of no moment, as getting elected would be of little value if
one cannot assume office for non-compliance with the drugtesting requirement.

RA 9208 - ANTI-TRAFFICKING IN PERSONS ACT

SECTION 2. DECLARATION OF POLICY
It is hereby declared that the State values the dignity of every human
person and guarantees the respect of individual rights. In pursuit of this
policy, the State shall give the highest priority to the enactment of
measures and development of programs that will promote human
dignity, protect the people from any threat of violence and exploitation,
eliminate trafficking in persons, and mitigate pressures for involuntary
migration and servitude of persons, not only to support trafficked
persons but more importantly, to ensure their recovery, rehabilitation
and reintegration into the mainstream of society.
SEC 3 (A) TRAFFICKING IN PERSONS
(a) Trafficking in Persons refers to the recruitment, obtaining, hiring,
providing, offering, transportation, transfer, maintaining, harbouring, or
receipt of persons with or without the victims consent or knowledge,
within or across national borders by means of threat, or use of force, or
other forms of coercion, abduction, fraud, deception, abuse of power of
position, taking advantage of the vulnerability of the person, or, the
giving or receiving of payments or benefits to achieve the consent of a
person having control over another person for the purpose of exploitation
which includes at a minimum, the exploitation or the prostitution of
others or other forms of sexual exploitation, forced labor or services,
slavery, servitude or the removal or sale of organs.
SEC 3 (A) 2ND PARAGRAPH
The recruitment, transportation, transfer, harbouring, adoption or
receipt of a child for the purpose of exploitation or when the adoption is
induced by any form of consideration for exploitative purposes shall also
be considered as trafficking in persons even if it does not involve any of
the means set forth in the preceding paragraph.
ELEMENTS OF TRAFFICKING
(1) Acts
(2) Means
(3) Purpose
SEC 4 ACTS OF TRAFFICKING
(a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain,
harbour, or receive a person by any means, including those done
under the pretext of domestic or overseas employment or training or
apprenticeship, for the purpose of prostitution, pornography or
sexual exploitation;
(b) To introduce or match for money, profit, or material, economic or
other consideration, any person, or, as provided for under Republic
Act No. 6955, any Filipino woman to a foreign national, for marriage
for the purpose of acquiring, buying, offering, selling or trading
him/her to engage in prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;

(c) To offer or contract a marriage, real or simulated, for the purpose of

acquiring, buying, offering, selling, or trading them to engage in
prostitution , pornography, sexual exploitation, forced labor or
slavery, involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism
packages or activities for the purpose of utilizing and offering
persons for prostitution, pornography or sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or
pornography;
(f) To adopt persons by any form of consideration for exploitative
purposes or to facilitate the same for purposes of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
(g) To adopt or facilitate the adoption of persons for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage; EATCcl
(h) To recruit, hire, adopt, transport, transfer, obtain, harbour, maintain,
provide, offer, receive, or abduct a person, by means of threat or use
of force, fraud, deceit, violence, coercion, or intimidation for the
purpose of removal or sale of organs of said person;
(i) To recruit, transport, obtain, transfer, harbour, maintain, offer, hire,
provide, receive or adopt a child to engage in armed activities in the
Philippines or abroad;
(j) To recruit, transport, transfer, harbour, obtain, maintain, offer, hire,
provide or receive a person by means defined in Section 3 of this Act
for purposes of forced labor, slavery, debt bondage and involuntary
servitude, including a scheme, plan, or pattern intended to cause the
person either:
1) To believe that if the person did not perform such labor or
services, he or she or another person would suffer serious
harm or physical restraint; or
2) To abuse or threaten the use of law or the legal processes
(k) To recruit, transport, harbour, obtain, transfer, maintain, hire, offer,
provide, adopt or receive a child for purposes of exploitation or
trading them, including but not limited to, the act of buying and /or
selling a child for any consideration or for barter for the purposes of
exploitation. Trafficking for purposes of exploitation of children shall
include:
1) All forms of slavery or practices similar to slavery,
involuntary servitude, debt bondage and forced labor,
including recruitment of children for use in armed conflict;
2) The use, procuring or offering of a child for prostitution, for
the production of pornography, or for pornographic
performances; SEAHcT
3) The use, procuring or offering of a child for the production
and trafficking and of drugs;
4) The use, procuring or offering of a child for illegal activities or
work whoch, by its nature or the circumstances in which it is

RA 9208 - ANTI-TRAFFICKING IN PERSONS ACT

carried out, is likely to harm their health, safety or morals;
and
(l) To organize or direct other persons to commit the offenses defined as
acts of trafficking under this Act
CONSENT OR KNOWLEDGE IRRELEVANT

...with or without the victims consent or knowledge...

...within or across national borders...

LOCATION
Refers to the recruitment, transportation, transfer or harboring, or
receipt of persons with or without the victims consent or knowledge,
within or across national borders...

RA 9208 - ANTI-TRAFFICKING IN PERSONS ACT

SEC 4-(A) ATTEMPTED TRAFFICKING IN PERSONS
Where there are acts to initiate the commission of a trafficking 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 the voluntary
desistance, such overt acts shall be deemed as an attempt to commit an
act of trafficking in persons. As such, an attempt to commit any of the
offenses enumerated in Section 4 of this Act shall constitute attempted
trafficking in persons.
In cases where the victim is a child, any of the following acts shall
also be deemed as attempted trafficking in persons. (Section 5, RA
10364)
(a) Facilitating the travel of a child who travels alone to a foreign country
or territory without valid reason therefor and without the required
clearance or permit from the Department of Social Welfare and
Development, or a written permit or justification from the childs
parent or legal guardian;
(b) Executing, for a consideration, an affidavit of consent or a written
consent for adoption;
(c) Recruiting a woman to bear a child for the purpose of selling the
child;
(d) Simulating a birth for the purpose of selling the child; and
(e) Soliciting a child and acquiring the custody thereof through any
means from among hospitals, clinics, nurseries, daycare centers,
refugee or evacuation centers, and low-income families, for the
purpose of selling the child.
SEC 4-B ACCOMPLICE LIABILITY
Whoever knowingly aids, abets, cooperates in the execution of the
offense by previous or simultaneous acts defined in this Act shall be
punished in accordance with the provisions of Section 10 (c) of this Act.
SEC 4-C ACCESSORIES

Knowledge of the crime

Not a principal or accomplice

Take part by:

(a) By profiting themselves or assisting the offender to profit by the
effects of the crime
(b) By concealing or destroying the body of the crime or effects or
instruments thereof, in order to prevent its discovery
(c) By harbouring, concealing or assisting in the escape of the
principal of the crime, provided the accessory acts with abuse of
his or her public functions or is known to be habitually guilty of
some other crime.
MEANS
...by means of threat or use of force, or other forms of coercion,
abduction, fraud, deception, abuse of power or of position, taking
advantage of the vulnerability of the person, or, the giving or receiving of

payments or benefits to achieve the consent of a person having control

over another person...
MINOR, MEANS IRRELEVANT.
The recruitment, transportation, transfer, harbouring or receipt of a child
for the purpose of exploitation shall also be considered as trafficking in
persons even if it does not involve any of the means set forth in the
preceding paragraph.

RA 9208 - ANTI-TRAFFICKING IN PERSONS ACT

VULNERABILITY
Any situation in which the person involved has no real and
acceptable alternative but to submit to the abuse involved. UN
Protocol to Suppress, Prevent and Punish Trafficking in Persons
especially Women and Children
PURPOSE
The purpose of the offender must be for EXPLOITATION of the trafficked
person.

Prostitution

Sexual exploitation

Forced labor or services

Slavery

Servitude

Removal or sale of organs

Armed activities (children only)

...for the purpose of exploitation...
Exploitation need not actually happen. As long as the act was for the
purpose of exploitation, the third element is present.
ACTS OF TRAFFICKING
Four Major Categories:
(1) Sex trafficking
(2) Forced labor
(3) Removal or sale of organs
(4) Armed activities (children)
SEX TRAFFICKING
PROSTITUTION refers to any act, transaction, scheme or design
involving the use of a person by another, for sexual intercourse or
lascivious conduct in exchange for money, profit or any other
consideration.
Prostitution RA 9208 & RPC
RA 9208

RPC

Any person

Woman

Act, Transaction, Scheme, or

Design
One transaction

Engage in sexual
lascivious conduct
Habitual

No criminal liability

Criminal liability

intercourse

or

THREE ELEMENTS, ESSENTIAL

Sec 3 (e) To maintain or hire a person to engage in prostitution or
pornography.
ACTS: hiring or maintaining

MEANS: threat, use of force, other forms of coercion, abduction, fraud,

deception, abuse of power or position, taking advantage of
vulnerability of a person, giving or receiving of payments or
benefits to achieve consent of a person having control of another
PURPOSE: prostitution or pornography

RA 9208 - ANTI-TRAFFICKING IN PERSONS ACT

Section 5 Acts that Promote Trafficking in Persons
(a) To knowingly lease or sublease, use or allow to be used any house,
building or establishment for the purpose of promoting trafficking in
persons
(b) To produce, print and issue or distribute unissued, tampered or fake
counselling certificates, registration stickers, overseas employment
certificates or other certificates of any government agency which
issues these certificates, decals and such other markers as proof of
compliance with the government regulatory and pre-departure
requirements for the purpose of promoting trafficking in persons.
(c) To advertise, publish, print, broadcast or distribute, or cause the
advertisement, publication, printing, broadcasting or distribution by
any means, including the use of information technology and the
internet, of any brochure, flyer, or any propaganda material that
promotes trafficking in persons.
(d) To assist in the conduct of misrepresentation or fraud for purposes of
facilitating the acquisition of clearances and necessary exit
documents from government agencies that are mandated to provide
pre-departure registration and services for departing persons for the
purpose of promoting trafficking in persons
(e) To facilitate, assist or help in the exit and entry of persons from/to
the country at the international and local airports, territorial
boundaries and seaports who are in possession of unissued,
tampered or fraudulent travel documents for the purpose of
promoting trafficking in persons
(f) To confiscate, conceal, or destroy the passport, travel documents, or
personal documents or belongings of trafficked persons in
furtherance of trafficking or to prevent them from leaving the
country or seeking redress from the government or appropriate
agencies; and
(g) To knowingly benefit from, financial or otherwise, or make use of, the
labor or services of a person held to a condition of involuntary
servitude, forced labor, or slavery
(h) To tamper with, destroy, or cause the destruction of evidence, or to
influence or attempt to influence witnesses, in an investigation or
prosecution of a case under this Act
(i) To destroy, conceal, remove, confiscate or possess, any actual or
purported passport or other travel, immigration or working permit or
document, or any other actual or purported government
identification, of any person in order to prevent or restrict, or attempt
to prevent or restrict, without lawful authority, the persons liberty to
move or travel in order to maintain the labor or services of that
person; or
(j) To utilize his or her office to impede the investigation, prosecution or
execution of lawful orders in a case under this Act.

Section 6 Qualified Trafficking in Persons

(a) When the trafficked person is a child
(b) When the adoption is effected through RA No. 8043, otherwise known
as the Inter-Country Adoption Act of 1995 and said adoption is for
the purpose of prostitution, pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt bondage;
(c) When the crime is committed by a syndicate, or in large scale.
Trafficking is deemed committed by a syndicate if carried out by a
group of three (3) or more persons conspiring or confederating with
one another. It is deemed committed in large scale if committed
against three (3) or more persons, individually or as a group;
(d) When the offender is a spouse, an ascendant, parent, sibling,
guardian or a person who exercises authority over the trafficked
person or when the offense is committed by a public officer or
employee;
(e) When the trafficked person is recruited to engage in prostitution with
any member of the military or law enforcement agencies;
(f) When the offender is a member of the military or law enforcement
agencies; and
(g) When by reason or occasion of the act of trafficking in persons, the
offended party dies, becomes insane, suffers mutilation or is afflicted
with Human Immunodeficiency Syndrome (HIV) or the Acquired
Immune Deficiency Syndrome (AIDS).
(h) When the offender commits one or more violations of Section 4 over
a period of sixty (60) or more days, whether those days are
continuous or not; and
(i) When the offender directs or through another manages the
trafficking victim in carrying out the exploitative purpose of
trafficking.
Qualified Trafficking

The acts in Sec 6 are not stand alone offenses. The acts must still be
related to Sections 3 and 4.

Qualified trafficking is only applicable to trafficking not to acts that

promote or facilitate trafficking.
Section 7. Confidentiality

Protect the right to privacy of the trafficked person

Closed-door investigation, prosecution or trial

Name and personal circumstances of the trafficked person shall not

be disclosed to the public

Unlawful for any editor, publisher, and reporter...to cause publicity

Sec 8. Initiation and Prosecution of Cases

Any person who has personal knowledge may file a complaint;

Affidavit of Desistance cases should not be dismissed based on the

affidavit of desistance executed by the victims or their parents or
legal guardian

RA 9208 - ANTI-TRAFFICKING IN PERSONS ACT

Attempt to secure affidavit of desistance punishable

Section 9 Venue

Where the offense was committed

Or where any of its elements occurred, or

Where the trafficked person actually resides at the time of the

commission of the offense
Provided, that the court where the criminal action is first filed shall
acquire jurisdiction to the exclusion of other courts.
Section 10 Penalties and Sanctions

Trafficking 20 yrs, 1-2M fine

Attempt 15 yrs, 500k-1M fine

Accomplice 15 yrs, 500k-1M fine

Promote 15 yrs, 500k-1M fine

Qualified life, 2M-5M fine

Viol of confidentiality 6 yrs, 500k-1M fine

Corporation participated, knowingly permitted or failed to prevent

Section 11 Use of Trafficked Persons
Any person who buys or engages the services of a trafficked person for
prostitution:
6-12 yrs, 50k-100k
Child 17-40 yrs, 500k-1M fine
Section 12 Prescriptive Period

Trafficking cases under this Act shall prescribe in ten (10) years.
Provided, however, that trafficking cases committed by a syndicate or
in a large scale or against a child as defined under Section 6 shall
prescribe in twenty (20) years.

The prescriptive period shall commence to run from the day on which
the trafficked person is delivered or released from the conditions of
bondage, or in the case of a child victim, from the day the child
reaches the age of majority, and shall be interrupted by the filling 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.
Large Scale or by Syndicate

Trafficking is deemed committed by a syndicate if carried out by a

group of three (3) or more persons conspiring or confederating with
one another.

It is deemed committed in large scale is committed against three (3)

or more persons individually or as a group.
Past Sexual Behavior
The past sexual behavior or the sexual predisposition of a trafficked
person shall be considered inadmissible in evidence for the purpose of

RA 9208 - ANTI-TRAFFICKING IN PERSONS ACT

proving consent of the victim to engage in sexual behavior, or to prove
the predisposition, sexual or otherwise, of a trafficked person. (Section
17b)

Sec. 26-A Extra-Territorial Jurisdiction

The State shall exercise jurisdiction over any act defined and penalized
under this Act, even if committed outside the Philippines and whether or
not such act or acts constitute an offense at the place of commission, the
crime being a continuing offense, having been commenced in the
Philippines and other elements having been committed in another
country, if the suspect or accused:
(a) Is a Filipino citizen; or
(b) Is a permanent resident of the Philippines; or
(c) Has committed the act against a citizen of the Philippines
PP vs LALLI
In this case, since it has been sufficiently proven beyond reasonable
doubt, as discussed in Criminal Case No. 21930, that all the three
accused (Aringoy, Lalli and Relampagos) conspired and confederated
with one another to illegally recruit Lolita to become a prostitute in
Malaysia, it follows that they are also guilty beyond reasonable doubt of
the crime Qualified Trafficking in Persons committed by a syndicate
under RA 9208 because the crime of recruitment for prostitution also
constitutes trafficking.