Republic Act No. 9208: The Anti-Trafficking in Persons Act of 2003

Definition of Trafficking in Persons

The act of recruiting, transporting, transferring, harboring, or receiving a person, with or without their 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 or of a position of vulnerability, or of 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.

What is Exploitation?

Exploitation includes, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal or sale of organs.

Acts of Trafficking in Persons

To recruit, transport, transfer, harbor, provide, or receive a person for the purpose of exploitation.
To recruit, transport, transfer, harbor, provide, or receive a child for the purpose of exploitation.
To adopt or facilitate the adoption of a child for the purpose of exploitation.
To offer, sell, or trade a person for any price, consideration, or benefit.
To offer, sell, or trade a child for any price, consideration, or benefit.
To produce, print, publish, or distribute any print, sound, or visual material that promotes trafficking in persons.
To advertise, publish, print, broadcast, or distribute, or cause the advertisement, publication, printing, broadcasting, or distribution of any scheme, proposal, or information for the purpose of promoting trafficking in persons.
To assist in the conduct of any of the above acts.

Qualified Trafficking in Persons

The following are considered qualified trafficking:

When the trafficked person is a child.
When the adoption is effected for the purpose of trafficking.
When the crime is committed by a syndicate, or in a large scale, carrying out a scheme to traffic three or more persons.
When the offender is an ascendant, parent, sibling, guardian, or a person who exercises authority over the trafficked person.
When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies.
When the offender is a member of the military or law enforcement agencies, or a public officer or employee.
When by reason or on occasion of the act of trafficking in persons, the victim dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).

Penalties

Acts of Trafficking: 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).
Acts of Trafficking (as a promoter, manager, or maintainer): 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).
Qualified Trafficking: Life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five million pesos (P5,000,000.00).

Multiple Choice Questions

What is the primary purpose of RA 9208? a) To promote overseas employment b) To combat trafficking in persons, especially women and children c) To regulate the adoption of children d) To define the penalties for illegal recruitment
Which of the following is NOT an element of trafficking in persons? a) Recruitment b) Transportation c) Consent of the victim d) Exploitation
Under RA 9208, what is the minimum act that constitutes exploitation? a) Prostitution b) Forced labor c) Slavery d) All of the above
Which of the following is considered a qualified trafficking offense? a) Trafficking committed by a syndicate b) When the trafficked person is a child c) When the offender is a public official d) All of the above
What is the penalty for qualified trafficking in persons? a) Reclusion perpetua b) Life imprisonment c) Reclusion temporal d) Death penalty
The recruitment, transportation, transfer, harboring, or receipt of persons for the purpose of exploitation, with or without the victim's consent, is known as: a) Illegal recruitment b) Human smuggling c) Trafficking in persons d) Kidnapping
Which of the following is NOT considered a means of trafficking in persons? a) Threat b) Fraud c) Legitimate job offer d) Abuse of power
The removal or sale of organs from a person is a form of: a) Slavery b) Servitude c) Exploitation d) Coercion
A person who knowingly benefits from, or makes use of, the labor or services of a person who is a victim of trafficking in persons is liable as a/an: a) Accomplice b) Accessory c) Principal d) Not liable
What is the penalty for the act of trafficking in persons under RA 9208? a) 10 years imprisonment and a fine of P500,000 b) 15 years imprisonment and a fine of P1,000,000 c) 20 years imprisonment and a fine of P1,000,000 to P2,000,000 d) Life imprisonment
What is the aggravating circumstance when the trafficked person is a child? a) The act is considered qualified trafficking b) The penalty is increased by one degree c) The fine is doubled d) All of the above
The act of arranging or facilitating a marriage for the purpose of exploitation is a form of: a) Illegal marriage b) Trafficking in persons c) Mail-order bride d) None of the above
Who is considered a "child" under RA 9208? a) A person below 18 years of age b) A person below 21 years of age c) A person below 15 years of age d) A person who is unable to fully take care of him/herself
What government agency is the lead in the fight against trafficking in persons? a) Department of Social Welfare and Development (DSWD) b) Department of Justice (DOJ) c) Philippine National Police (PNP) d) Inter-Agency Council Against Trafficking (IACAT)
The trafficking of three or more persons is considered: a) Large-scale trafficking b) Syndicated trafficking c) Qualified trafficking d) All of the above