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PHILIPPINE REPORT ON THE
PROSECUTION OF TRAFFICKING IN
PERSONS CASES: 2003-2013
www.humanwrongs.org
http://www.iacat.net
© 2013 Inter-Agency Council Against Tra! cking (IACAT)
Department of Justice, Republic of the Philippines
1
http://www.iacat.net/
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acknowledgments
This independent report was commissioned by the Inter-Agency Council Against Tra"cking of the
Department of Justice and the International Justice Mission with partial funding from the Kingdom
of Netherlands.
Author and Team Lead: Atty. Althea Acas Parreño, Sed Lex Professional Partnership Co.
Field Research: Kirsten Jade S. Diaz (Lead), Ivan Mark C. Galura, Jennifer Sarah O. Santos, Jaedick
S. De Leon, Angeline Mae S. Mata, Paolo B. Garcia, Rezcel A. Fajardo
Statistical Analysis: Francis Paul U. Baclay (Lead), Kirsten Jade S. Diaz
Additional Research: Mark Isaak S. Garrido, Nicholas C. Santizo, Jason R. Grospe
Administrative Support: Rachel C. Bucoy, Kirsten Jade S. Diaz
* The title and headings of this report are in blue in honor of the Blue Heart Campaign Against
Human Tra! cking of the United Nations O! ce on Drugs and Crime
The opinions expressed herein are those of the author and do not necessarily reflect the policies or
views of the Inter-Agency Council Against Tra! cking (IACAT) and International Justice Mission (IJM).
Reference to IACAT and IJM does not imply endorsement by either of the accuracy of the informationcontained herein or of the views expressed.
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PHILIPPINE REPORT ON THE PROSECUTION OF
TRAFFICKING IN PERSONS CASES: 2003-2013 1
executive summary 4
key findings 6
introduction 14
purpose 15
scope and limitations 15
definitions 16database indicators 24
statistical report 27
number of filed trafficking charges and identified trafficked
victims by administrative region 28
identified trafficked victims 30
types and spread of trafficking 36
suspected trafficker 38
criminal justice response 41
legal framework 50
the anti-trafficking act of 2003, as amended 51
other domestic laws used to fight trafficking in persons 52
international declarations, agreements, and conventions 59
way forward 64
annex 73
anti-trafficking in persons act of 2003 88
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executive summary
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One of the continuing problems in the fight against tra"cking is the dearth of
evidence-based research upon which policy-making and policy-execution may
depend.
This is a problem not only in the Philippines but also in other countries. The 2012
United Nations O! ce on Drugs and Crimes Report on Global Report in Tra! cking in
Persons stated that “after the adoption of the Tra"cking in Persons Protocol in
2000, the number of studies on human tra"cking has boomed. Unfortunately,
because of the uneven quality of these studies they have not always contributed to
increase the knowledge on tra"cking. Based on a comprehensive literature review
carried out in 2008, out of 2,388 publications, only 741 met a basic level of scientific
rigour and most of them did not use a solid methodology.”
Governmental anti-tra"cking e$orts are often evaluated against three main points
— prevention, prosecution and protection. The so-called 3Ps are based on the
framework established by the United Nations Protocol to Prevent, Suppress and
Punish Tra! cking in Persons, especially Women and Children, which the Philippines
ratified in 28 May 2002.
This report focuses on the 2nd P (prosecution) and attempts to close the gap in
knowledge about the Philippine criminal justice response to tra"cking in persons
cases.
It provides a comprehensive database of filed tra"cking charges and identifiedtra"cked victims based on case records filed with the o"ces of the prosecutors
and trial courts across the Philippines.
Statistical analysis is then made of the data gathered covering a ten year period —
from the enactment of the Anti-Tra"cking in Persons Act of 2003, and its
amendatory law, the Expanded Anti-Tra"cking in Persons Act of 2012, up to 2013 . 1
Action points to address challenges borne out of the statistics gathered are
presented.
A presentation of the legal framework in the fight against tra"cking in persons is
also included as well as case summaries of tra"cking cases which have been
decided by the Supreme Court of the Philippines.
5
The audit of cases was done over a six-month period, from June 2013 to November 2013.1
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key findings
over a 10 year period, there are 04.54 identified trafficked
victims for every 100,000 persons in the Philippines
The number of identified tra"cked victims vary significantly across administrative
regions, provinces and cities. The data gathered reflects variations in population,
location and size of economy, among others. To narrow these di$erences in the
interpretation of data, we used the demographic scale of per 100,000 persons — on
a national, regional, provincial and city level — of all victims recorded over a 10 year
period.
There were 4188 identified tra"cking victims in the 2294 charges of tra"cking filed
at the prosecutor’s o"ces across the Philippines over the 10 year period covered by
this report.
the cities of pasay, manila, muntinlupa, mandaue and
zamboanga are top destination and transit points
Tra"cking cases are almost always filed in the place of rescue. The places of rescue
are either the destination or transit points. Data gathered show that the cities of
Pasay, Manila, Muntinlupa, Mandaue and Zamboanga are the top transit and
destination points of tra"cking in persons.
6
National, 04.54
number of identified tra!cking victims per 100,000 persons
Pasay, 24.69
number of identified tra!cking victims per 100,000 persons
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pasay city has 5/12 times the number of identified trafficked
victims compared to the national average
7
Pasay, 23.93
number of identified tra!cking victims per 100,000 persons
Zamboanga City,10.66
number of identified tra!cking victims per 100,000 persons
Manila, 20.09
number of identified tra!cking victims per 100,000 persons
Muntinlupa, 14.27
number of identified tra!cking victims per 100,000 persons
Mandaue, 11.17
number of identified tra!cking victims per 100,000 persons
National, 04.54
number of identified tra!cking victims per 100,000 persons
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women are 5 times more likely to be trafficked than men
while girls are 10 times more likely to be trafficked than
boys
With 85% of identified tra"cked
victims being women and girls,
tra"cking in the Philippines may be
considered as a form of gender-basedviolence.
adults are 3 times more
likely to be trafficked
than children
8
children
26%
adults
74%
women
56%
men 12%
girls
29%
boys
3%
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9 in 10 filed trafficking charges involve sexual exploitation
Sexual tra"cking, or
tra"cking for the
purpose of sexual
exploitation,
prostitution or
pornography, remain
to be the most
prevalent type of
tra"cking comprising
91% of all tra"cking
charges.
not one person has been charged with the offense of use of
trafficked persons
9
5.43%
90.62%
3.74%
0.22%
types of tra!cking
Labor Tra"cking
Sexual Tra"cking
Organ Tra"cking
Use of Children for Armed
Conflicts
Sec.4a: Recruitment,Transport and Transfer
50%
Sec.4e: Keep or Hire forPornography/Prostitution
41%
Sec.5: Acts that promoteTra"cking in Persons
5%
Sec.4g: Removal andSale of Organs
4%
Sec.4f: Adoption orFacilitating Adoption
0%
Sec.4c: O#ering orContracting Marriage
0%
Sec.4h: ChildEngagement in Armed
Activities
0%
Other 0%
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traffickers
are
commonly
charged
with
trafficking
1 or 2
victims
cases commonly
charge 1 or 2
accused
it takes average of 3 years and 3 months from filing of
complaint to convict a trafficker
Based on cases that have resulted in conviction by the trial courts, the criminal
justice response to tra"cking cases is relatively fast compared to the average
duration in other criminal cases.
10
accusedoperating in
large scale 20%
accused notoperating in
large scale
80%
cases with 3 or
more accused
22%
cases with less
than 3 accused
78%
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This may be attributed to the fact tra"cking in persons cases are treated as a
special class within the criminal justice system — with an Anti-Tra"cking in Persons
Task Force created by the Department of Justice and a directive from the O"ce of
the Court Administrator to the trial courts to hear and decide tra"cking in persons
cases within 180 days from arraignment.
investigating prosecutors found probable cause in 89% of
the charges filed
investigating prosecutors
found probable cause in
89% of the charges filed.
Nonetheless, there are
still dismissals based onlack of interest to
prosecute, which
account for 8% of the
charges brought before
the prosecutor.
11
34%
19%
47%
Number of days of
preliminary investigation
or inquest: 417 days
Number of days fromissuance of resolution to
arraignment: 229 days
Number of days from
arraignment to decision:
565 days
9% 2%
89%
Dismissed based on lack of interestto Prosecute
Resolution Issued in Favor of Accused
Resolution Issued In Favor ofComplainant
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51% of charges at the trial court level do not reach trial ordo not finish trial
Despite the high rate of prosecution favorable to the complainant, 51% of charges at
the trial court level do not reach trial or do not finish trial. This is because 10% of
charges at the trial court level have outstanding warrants of arrest, 20.19% are
archived, .22% are provisionally dismissed and another 19% are dismissed.
For the purposes of this report, trial court level charges are those which are no
longer at the preliminary investigation or inquest stage and the information is already
filed in court.
74% of of concluded trials result in conviction
As used in this report concluded
trials are those where the
prosecution and defense presented
evidence and a full trial was held.
These do not include dismissals
due of lack of interest to prosecute
or dismissals due to failure or
refusal of the main witness, usually
the victim, to attend.
12
On Appeal to SC, 0.05%
Dismissed, 19.80%
Provisionally Dismissed, 0.22%
Archived, 20.35%
Guilty - of the Lesser O"
ense, 0.81%
Guilty - of the O"ense Charged, 6.40%
Acquitted, 2.60%
Submitted for Decision, 0.81%
Trial, 33.26%
Outstanding Warrant of Arrest, 10.58%
Pre-Trial, 2.88%
Arraignment of All Accused, 1.84%
Arraignment of Some of the Accused, 0.38%
Acquittal
27%
Conviction
73%
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there are 3 times the number of convictions under the
Aquino Administration compared to the Arroyo
Administration
These convictions include those where tra"ckers were found guilty of a
lesser charge.
2010 philippine conviction rate: .023 per 100,000 persons—————————————————————————————————————————————
2010 global conviction rate: .154 per 100,000 persons
13
0
5
10
15
20
25
30
35
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
Aquino Administration-96 convictions
Arroyo Administration-37 convictions
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introduction
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purpose
This report seeks to address the gap in knowledge in Philippine anti-tra"cking
e$orts by providing a comprehensive database and statistical analysis of the
Philippine criminal justice response to tra"cking in persons.
Governmental anti-tra"cking e$orts are often evaluated according to the so-called
3Ps — Prevention, Prosecution and Protection. This 3P framework is set out in the
United Nations Protocol to Prevent, Suppress and Punish Tra"cking in Persons
especially Women and Children. This report has specific focus on the 2nd P —
Prosecution. It covers a ten year period from the enactment of the Tra"cking in
Persons Act of 2003, and its amendatory law, the Expanded Anti-Tra"cking in
Persons Act of 2012, through 2013.
It is hoped these statistics will inform productive debate, policy making and policy
execution in the fight against tra"cking in persons.
scope and limitations
This report covers cases filed from 2003 to 2013 with the O"ces of the Prosecutor2
and the Regional Trial Courts using the list of cases provided by the Inter-Agency
Council Against Tra"
cking as a starting point.
Photographs of case files were taken and information directly gathered from case
files were then entered into a database. This database was the basis of the
statistical analysis contained in Part III of this report.
In the majority of cases, the research team was granted access to the case files and
allowed to review them. Where access to case files was not granted either by the3
the O"ce of the Prosecutor or the trial courts the team interviewed the personnel
who had custody of the file. Select case information would be given, usually
excluding identifying victim information. Cases which have outstanding warrants of
arrest, provisionally dismissed, archived and dismissed are often stored o$-site and
full case records are seldom available for review.
Thus, depending on the available data, the universe for each of the data sets
change and these are clearly indicated in the Statistical Report to avoid any
misapprehension of data.
15
The audit of cases started in June 2013 and continued until November 2013.2
The Secretary of Justice released a circular requesting prosecutors to allow members of the research team to3
access case files with the various O"ces of the Prosecutors. This was also presented to Regional Trial Courts.
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Specifically excluded in this report are police and Department of Social Welfare and
Development data on reported incidents of tra"cking. Also excluded are instances
of tra"cking which have not undergone preliminary investigation, inquest or trial.
definitions
Acts that Promote Tra"cking in Persons
Covers the following acts:
(a) To knowingly lease or sublease, use or allow to be used any house,
building or establishment for the purpose of promoting tra"cking in
persons;
(b) To produce, print and issue or distribute unissued, tampered or fake
counseling 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 government regulatory and pre-departure requirements for the purpose
of promoting tra"cking 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 tra"cking 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
tra"cking in persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the
country at international and local airports, territorial boundaries and
seaports who are in possession of unissued, tampered or fraudulent travel
documents for the purpose of promoting tra"cking in persons;”
(f) To confiscate, conceal, or destroy the passport, travel documents, or
personal documents or belongings of tra"cked persons in furtherance of
tra"cking or to prevent them from leaving the country or seeking redress
from the government or appropriate agencies;
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(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, or attempt 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 person’s liberty to move or travel in order to maintain the labor or
services of that person;
(j) To utilize his or her o"ce to impede the investigation, prosecution or
execution of lawful orders in a case under this Act. [Sec. 5 of the Anti-
Tra"cking in Persons Act]
Acts of Tra"cking in Persons
% &Covers the following acts committed by any person, natural or juridical:
% (a) To recruit, obtain, hire, provide, o$er, transport, transfer, maintain,harbor, 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, o$ering, selling or trading him/her to engage in
prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
% (c) To o$er or contract marriage, real or simulated, for the purpose of
acquiring, buying, o$ering, selling, or trading them to engage in prostitution,
pornography, sexual exploitation, forced labor or slavery, involuntary
servitude or debt bondage;
% (d) To undertake or organize tours and travel plans consisting of
tourism packages or activities for the purpose of utilizing and o$ering
persons for prostitution, pornography or sexual exploitation;
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% (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;
% (h) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain,
provide, o$er, receive or abduct a person, by means of threat or use of force,
fraud, deceit, violence, coercion, or intimidation for the purpose of removal or
sale of organs of said person;
% (i) To recruit, transport, obtain, transfer, harbor, maintain, o$er, hire,
provide, receive or adopt a child to engage in armed activities in the
Philippines or abroad;
% (j) To recruit, transport, transfer, harbor, obtain, maintain, o$er, hire,
provide or receive a person by means defined in Section 3 of this Act for
purposes of forced labor, slavery, debt bondage and involuntary servitude,
including a scheme, plan, or pattern intended to cause the person either:
% (1) To believe that if the person did not perform such labor or
services, he or she or another person would su$er serious harm or
physical restraint; or
% (2) To abuse or threaten the use of law or the legal processes;
and
% (k) To recruit, transport, harbor, obtain, transfer, maintain, hire, o$er,
provide, adopt or receive a child for purposes of exploitation or trading them,
including but not limited to, the act of baring and/or selling a child for any
consideration or for barter for purposes of exploitation. Tra"cking forpurposes of exploitation of children shall include:
% (1) All forms of slavery or practices similar to slavery, involuntary
servitude, debt bondage and forced labor, including recruitment of
children for use in armed conflict;
% (2) The use, procuring or o$ering of a child for prostitution, for
the production of pornography, or for pornographic performances;
% (3) The use, procuring or o$ering of a child for the production
and tra"cking of drugs; and
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% (4) The use, procuring or o$ering of a child for illegal activities or
work which, by its nature or the circumstances in which it is carried
out, is likely to harm their health, safety or morals; and
% (l) To organize or direct other persons to commit the o$enses defined
as acts of tra"cking under this Act. [Section 4 of the Anti-Tra"cking in
Persons Act.
Adults
% Refer to males and females who are aged 18 years old and above.
Anti-Child Abuse Act
% Refers to Rep. Act No. 7610, or the Special Protection of Children
against Child Abuse, Exploitation and Discrimination Act of 1992, as% amended by Rep. Act No. 9231 (2003).
Anti-Child Pornography Act
% Refers to Rep. Act No. 9775 (2009) or the Anti-Child Pornography Act of
2009.
Anti-Mail Order Bride Act
Refers to Rep. Act No. 6955 (1990) titled An Act to Declare Unlawful the
% Practice of Matching Filipino Women for Marriage to Foreign Nationals on a
% Mail Order Basis and Other Similar Practices, Including the Advertisement,
% Publication, Printing or Distribution of Brochures, Fliers and Other
% Propaganda %Materials in Furtherance Thereof and Providing Penalty
% Therefore
Anti-Tra"cking in Persons Act
Rep. Act No. 9208 or the Anti-Tra! cking in Persons Act of 2003, asamended by Rep. Act No. 10368 or the Expanded Anti-Tra"cking in
Persons Act of 2012.
Batas Kasambahay
Refers to Rep. Act No. 10361 (2013) or The Domestic Worker’s Act or “Batas
Kasambahay ”
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Boys
% Refer to males aged below 18 years old.
Child Engagement in Armed Conflicts
Covers the following acts: “to recruit, transport, obtain, transfer, harbor,
maintain, o$er, hire, provide, receive or adopt a child to engage in armed
activities in the Philippines or abroad.” [Sec. 4(i) of the Anti-Tra"cking in
Persons Act]
Children
% Refer to males and females who are aged below 18 years old.
Concluded Trials
% Concluded trials are those where the prosecution and defense presented
% evidence and a full trial was held. These do not include dismissals due of
% lack of interest to prosecute or dismissals due to failure or refusal of the main
% witness, usually the victim, to attend.
Debt Bondage
Refers to the pledging by the debtor of his/her personal services or labor orthose of a person under his/her control as security or payment for a debt,
when the length and nature of services is not clearly defined or when the
value of the services as reasonably assessed is not applied toward the
liquidation of the debt.
Dismissed Cases
Cases which do not finish trial because of any of the following factors:
violation of the Speedy Trial Act, non-appearance of witnesses or
complainants, lack of interest of the complainants to prosecute, or filing of
A "davits of Desistance by the complainants. 4
Filed Tra"cking Charges
Refer to all charges captured in this report which have been at the
prosecutor’s level for preliminary investigation or inquest, including those
20
Refer to cases dismissed prior to the 2012 amendment of the Anti-Tra"cking Act. The amended Act prohibits4
dismissals based on a"davits of desistance.
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which have been moved through the criminal justice process i.e. preliminary
investigation or inquest, arraignment, trial and appeal. % %
Forced Labor and Slavery
Refers to the extraction of work or services from any person by means of
enticement, violence, intimidation or threat, use of force or coercion,
including deprivation of freedom, abuse of authority or moral ascendancy,
debt-bondage or deception.
Girls
% Refer to females aged below 18 years old.
Identified tra"
cked victims
% Identified tra"cked victims are those who are persons identified as victims
% of tra"cking in cases filed before the prosecutor’s o"ce and trial courts.
Inter-Agency Council Against Tra"cking (IACAT)
% A council created under Sec. 20 of the Anti-Tra"cking in Persons Act
Inter-Country Adoption Act
% Refers to Rep. Act No. 8043 (1995) or the Inter-Country Adoption Act
Involuntary Servitude
Refers to a condition of enforced, compulsory service induced by means of
any scheme, plan or pattern, intended to cause a person to believe that, if
the person did not enter into or continue in such condition, that person or
another person would su$er serious harm or other forms of abuse or physical
restraint, or the abuse or threatened abuse of the legal process.
Labor Tra"cking
Covers acts of tra"cking defined in Section 4 of the Anti Tra"cking Act for
the purposes of forced labor, slavery, involuntary servitude or debt bondage.
Large Scale Tra"cking
% Tra"cking is deemed committed in large scale if committed against three (3)
%or more persons, individually or as a group. [Sec. 6 (c) of the Anti-Tra
"cking
% in Persons Act]
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Men
% Refer to males aged 18 years old and above.
Migrant Workers Act
% Refers to Rep. Act No. 8042 or the Migrant Workers and Overseas Filipinos
Act of 1995, as amended by Rep. Act No. 10022 (2009).
O"ce of the Court Prosecutor (OCP)
% Refers to the o"ces of the State Prosecutor, Provincial Prosecutor and City
% Prosecutors created under the Prosecution Service Act.
Organ Tra"cking
Covers the following acts: to recruit, hire, adopt, transport, transfer, obtain,
harbor, maintain, provide, o$er, 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.
Pornography
Refers to any representation, through publication, exhibition,
cinematography, indecent shows, information technology, or by whatevermeans, of a person engaged in real or simulated explicit sexual activities or
any representation of the sexual parts of a person for primarily sexual
purposes.
Prosecution Service Act
% Refers to Rep. Act No. 10071 or the Prosecution Service Act of 2010.
Prosecutor Level Charges
% Prosecutor Level Charges are those which have been filed before the O"ces
% of the Prosecutor - state, regional, provincial and city. It includes those which
% are undergoing preliminary investigation, inquest and those which have been
% resolved.
Provisionally Dismissed Cases
Provisionally Dismissed Cases are those which are temporarily dismissed at
the trial court level under Section 8, of Rule 117 of the Revised Rules ofCourt. The said rule allows for a provisional or temporary dismissal when it
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is with the express consent of the accused and with notice to the o$ended
party. The provisional dismissal of o$enses punishable by imprisonment not
exceeding six (6) years or a fine of any amount, or both, shall become
permanent one (1) year after issuance of the order without the case having
been revived.&&With respect to o$enses punishable by imprisonment of morethan six (6) years, their provisional dismissal shall become permanent two
(2) years after issuance of the order without the case having been revived.
Prostitution
Refers to any act, transaction, scheme or design involving the use of a
person by another, for sexual intercourse or lascivious conduct in exchange
for money, profit or any other consideration.
Regional Trial Court (RTC)
% Regional Trial Courts exercise exclusive original jurisdiction in all criminal
% cases not within the exclusive jurisdiction of any court, tribunal or body. [Sec.
% 20 of the Batas Pambansa Blg. 129, as amended, or the Judiciary
% Reorganization Act of 1980]
Sexual Exploitation
Refers to participation by a person in prostitution or the production of
pornographic materials as a result of being subjected to a threat, deception,
coercion, abduction, force, abuse of authority, debt bondage, fraud or
through abuse of a victim's vulnerability.
Sexual Tra"cking
Covers acts of tra"cking defined in Section 4 of the Anti Tra"cking Act for
the purposes of prostitution, pornography, or sexual exploitation.
Suspected Tra"ckers
% Suspected Tra"ckers are those persons, natural or juridical, who have
% tra"cking in persons cases filed against them before the O"ce of the
% Prosecutor and the Regional Trial Courts.
Tra"cking in Persons
Tra"cking in Persons refers to the recruitment, obtaining, hiring, providing,
o$ering, transportation, transfer, maintaining, harboring, or receipt of
persons with or without the victim’s consent or knowledge, within or across
23
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national borders 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 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.
The recruitment, transportation, transfer, harboring, 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
‘tra"cking in persons’ even if it does not involve any of the means set forth
in the preceding paragraph. [Section 3(a) of the Anti-Tra"
cking in Persons Act]
Tra"cking by a Syndicate
% Tra"cking is deemed committed by a syndicate if carried out by a group of
% three (3) or more persons conspiring or confederating with one another. [Sec.
% 6 (c) of the Anti-Tra"cking %in Persons Act]
Trial Court Level Charges
Trial Court Level Charges are those charges which have undergone
preliminary investigation or inquest and the information has already been
filed in court.
Women
% Refer to females aged 18 years old and above.
database indicators
The following are the database indicators used to gather and unify data:
I.%VICTIM’S INFORMATION
a.% Complete Name of Victim(s)
b.% Gender of Victim(s)
c.% Age of Victim(s)
d.% Address of Victim(s)
II.% ACCUSED’S INFORMATION
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a.% Complete Name of Accused
b.% Address of Accused
c.% Number of Accused
d.% Current Status of Accused
III.% STAGES OF PRELIMINARY INVESTIGATION OR INQUEST (OCP)
a.% I.S. No. or N.P.S. No. 5
b.% Name of Investigating Prosecutor
c.% Venue of Investigation (where investigation of the case is on-going or
pending)
d.% Section of RA 9208 Charged with
e.% Stage of Preliminary Investigation:
i.% Preliminary Investigation Ongoing
ii.%Motion for Reconsideration of Resolution
iii.%Resolution Issued in Favor of Accused
iv.%Resolution Issued In Favor of Complainant
v.% Dismissed Based on Lack of interest to Prosecute
f.% Petition for Review Filed with DOJ:
i.% No
ii.%Yes – Pending Resolution
iii.%Yes – Resolved in Favor of Accused
iv.%Yes – Resolved in Favor of Complainant
g.% Date of Prosecutors Resolutions
IV.% STAGES OF TRIAL (RTC)
a.% RTC Branch Number
b.% City or Province
c.% Criminal Case Number
d.% Section of RA 9208 Charged with
e.% Classification of tra"cking in persons case
i.% Labor Tra"cking
ii. Sexual Tra"cking
iii.% Organ Tra"cking
vii.%Child Engagement in Armed Activities f.% Name of Handling Private Prosecutor
g.% Name of Handling Public Prosecutor
h.% Presiding Judge
i.% Case Title
j.% Date of Filing of Information
k.% Date of Arraignment
l.% Date of Pre-Trial
m.% Date of Start of Trial
25
These are the docket numbers of the cases pending preliminary investigation or inquest. N.P.S. stands for5
National Prosecution Service, while I.S. stands for Investigation Slip. The latter was used to docket cases at the
preliminary investigation or inquest stage prior to the enactment of the National Prosecution Service Act.
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n.% Date of Resolution
o.% Specific Stage of Trial
i.% Outstanding Warrant of Arrest
ii.% Arraignment of All Accused
iii.% Arraignment of Some of the Accused
iv.%Bench Warrant of Arrest Issued v.% Pre-Trial
vi.%Trial
ix.%Submitted for Decision
x.%Guilty - of the O$ense Charged
xi.%Guilty - of a Lesser O$ense
xii.% Acquitted
xiii.% Archived
xv.%Dismissed
p.% Names of Accused Arraigned
q.%
Names of Accused Not Arraigned
r.% Names of Accused Against Whom Bench Warrant of Arrest Is Issued
Against
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statistical report
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number of filed tra"cking charges and identified
tra"cked victims by administrative region
Over the 10 year period covered by this report, there were 2294 filed tra"cking
charges with 4188 identified tra"cked victims.
The Philippines is divided into 17 administrative regions. Administrative regions
group provinces and cities for administrative convenience and do not exercise
political power except for the Autonomous Region in Muslim Mindanao (ARMM). All6
administrative regions of the Philippines, apart from the National Capital Region
(NCR), are composed of provinces, independent cities (or those not within the
administrative and political control of the the province where it is geographically
located), component cities and municipalities. The NCR has no provinces and is
composed of cities and one municipality, Pateros. Provinces, cities and
municipalities exercise political power. 7
28
Republic Act No. 6734 or the Organic Act of the Autonomous Region in Muslim Mindanao (ARMM), This law6
called for a plebiscite in the the proposed areas of ARMM to determine which provinces would form part of the
ARMM. The provinces of Maguindanao, Lanao del Sur, Tawi-Tawi and Sulu voted to join the ARMM.
Rep. Act No. 7610 or the Local Government Code of 1991.7
C A R ,
0 %
A R M M ,
1 %
R e g i o n
X I I I , 1 %
R e g i o n
X I I , 1 %
R e g i o n
V I , 2 %
R e g i o n I ,
2 %
R e g i o n
V I I I , 3 %
R e g i o n
X , 3 %
R e g i o n I I ,
3 %
R e g i o n
X I , 3 %
R e g i o n
I V - B ,
4 %
R e g i o n
I X , 4 %
R e g i o n V ,
5 %
R e g i o n
I V - A , 7 %
R e g i o n
I I I , 1 1 %
R e g i o
n V I I , 1
3 %
N C R , 3
5 %
0
500
1000
1500
2000
2500
No. of Victims
No. of Charges
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Administrative regions are informally divided according to groupings of Philippine
islands: Luzon, Visayas, Mindanao.
In Luzon, NCR has the highest number of identified tra"cked victims and tra"cking
charges. In Visayas, Region VII has the highest number of identified tra"cked
victims and tra"cking charges. In Mindanao, Region IX has the highest number of
identified tra"cked victims and tra"cking charges.
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identified tra"cked victims
over a ten year period, there were 04.54 identified trafficked
victims for every 100,000 persons in the Philippines
The number of identified tra"cked victims vary significantly across administrative
regions, provinces and cities. The data gathered reflects variations in population,
location and size of economy, among others. In order to narrow down these
variations across regions, provinces and cities, this report uses the demographic
scale of per 100,000 people on a national, regional, provincial and city level.
Using this demographic scale also provides comparable data to international
reports on tra"cking such as the United Nations O"ce on Drugs and Crime Global
Report on Tra"cking in Persons.
There is 100% information available on the number of identified tra"cked victims ona national, regional, provincial and city level.
30
National, 04.54
number of identified tra!cking victims per 100,000 persons
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regional rankings:
according to the number of identified trafficked victims
The distribution
of identified
tra"cked victims
per administrative
region over a 10
year period are
represented in
the graphs
herein.
NCR has the
highest number
of identified
tra"cked victims,
with 11.4
identified
tra"cked victims
per 100,000persons. This is 2
1/2 times the
national average
of 4.54 identified
tra"cked victims.
While Region XIII
or the CARAGA
Region, has the
least number of
tra"cking cases
at .54 per
100,000 persons.
31
NCR, 11.74
number of identified tra!cking victims per 100,000 persons
Region VII, 09.71
number of identified tra!cking victims per 100,000 persons
Region IX, 08.58
number of identified tra!cking victims per 100,000 persons
Region II, 05.02
number of identified tra!cking victims per 100,000 persons
Region IV-B, 04.63
number of identified tra!cking victims per 100,000 persons
Region VIII, 04.54
number of identified tra!cking victims per 100,000 persons
Region III, 03.82
number of identified tra!cking victims per 100,000 persons
Region V, 03.47
number of identified tra!cking victims per 100,000 persons
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32
Region I, 01.81
number of identified tra!cking victims per 100,000 persons
Region XI, 03.36
number of identified tra!cking victims per 100,000 persons
Region X, 02.63
number of identified tra!cking victims per 100,000 persons
CAR, 02.47
number of identified tra!cking victims per 100,000 persons
ARMM, 02.33
number of identified tra!cking victims per 100,000 persons
Region IV-A, 01.75
number of identified tra!cking victims per 100,000 persons
Region XII, 01.00
number of identified tra!cking victims per 100,000 persons
Region VI, 00.87
number of identified tra!cking victims per 100,000 persons
Region XIII, 00.54
number of identified tra!cking victims per 100,000 persons
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provincial rankings:
according to the number of identified trafficked victims
The distribution of identified tra"cked victims in the top 5 provinces are represented
in the graphs below. These provinces have o"ces of the provincial prosecutor.Specifically excluded from the provinces are those cities which have their own o"ce
of the city prosecutor. The province of Pampanga has the highest number of
identified tra"cked victims, with 05.08 identified tra"cked victims per 100,000
persons. This is just a little over the national average of 4.54 identified tra"cked
victims.
33
Pampanga, 05.08
number of identified tra!cking victims per 100,000 persons
Samar, 04.23
number of identified tra!cking victims per 100,000 persons
Quezon, 03.67
number of identified tra!cking victims per 100,000 persons
Biliran, 03.09
number of identified tra!cking victims per 100,000 persons
Bukidnon, 03.08
number of identified tra!cking victims per 100,000 persons
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city rankings:
according to the number of identified trafficked victims
These cities are where tra"cking charges are filed and where the greatest number
of identified tra"cked victims are found. As the place where the victim is rescued is
also almost always the place of filing of tra"cking charges, the statistical data show
that the cities of Pasay, Manila, Muntinlupa, Mandaue and Zamboanga are the most
common places where tra"cked victims are rescued in transit or are brought.
34
Manila, 20.09
number of identified tra!cking victims per 100,000 persons
Pasay, 24.69
number of identified tra!cking victims per 100,000 persons
Mandaue, 11.17
number of identified tra!cking victims per 100,000 persons
Zamboanga City,10.53
number of identified tra!cking victims per 100,000 persons
Muntinlupa, 14.27
number of identified tra!cking victims per 100,000 persons
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identified trafficking victims
by age and gender
Women and girls comprise 85% oftra"cked victims. On the other hand,
men and boys comprise 15% of
tra"cking victims.
Women are 5 times more likely to be
tra"cked than men while girls are 10
times more likely to be tra"cked than
boys. These trends show that women
and girls are highly targeted bytra"ckers.
However, it is possible that the number of tra"cked children are underreported
because of several laws which overlap with the Anti-Tra"cking Act. There are two
other laws, the Anti Child Abuse Act and the Anti Child Pornography Act, that define
and penalize child abuse and child pornography both of which may also be acts of8 9
sexual tra"cking. Another law that overlaps with the Anti-Tra"cking in Persons Act
is the Inter-Country Adoption Act which defines illegal adoption as adoption for10
35
Rep. Act No. 7610, Sec. 3 (b) states in pertinent part: ”Child abuse" refers to the maltreatment, whether8
habitual or not, of the child which includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child
as a human being; xxx
Rep. Act No. 7610, Sec. 5 states in pertinent part: “Child Prostitution and Other Sexual Abuse”&occurs when
children, whether male or female, who for money, profit, or any other consideration or due to the coercion orinfluence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be
children exploited in prostitution and other sexual abuse. xxx
Rep. Act No. 7610, Sec. 7 states in pertinent part: “Child tra! cking” occurs when any person engages in the
trading and dealing with children including, but not limited to, the act of buying and selling of a child for money,
or for any other consideration, or barter xxx
Rep. Act No. 9775 (2009), Sec 3 (b) states in pertinent part: ”Child pornography" refers to any representation,9
whether visual, audio, or written combination thereof, by electronic, mechanical, digital, optical, magnetic or any
other means, of child engaged or involved in real or simulated explicit sexual activities.
Rep. Act No. 8043 (1995).10
women 56%
men 12%
girls 29%
boys
3%
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exploitative purposes. 80% of identified tra"cking victims have information on age
and gender.
types and spread of tra"cking
trafficking charges by type of exploitation
The following classifications were used in this report Labor Tra"cking, Sexual
Tra"cking, Organ Tra"cking and Use of Children Armed Activities.
9 out of 10 tra"cking charges in the Philippines involve sexual exploitation,
prostitution, or pornography. Often, labor tra"cking charges refer to cases of
domestic service.
Interestingly, while organ tra"cking comprise 4% of the tra"cking cases, almost all
are concentrated in one area — Calauag, Quezon._ In the years 2005 to 2007, 50
people were tra"cked for their organs in Calauag. 18 of the 50 reported cases in
Quezon Province are attributable to the alleged tra"cker “Rico De Jusay” aka “Rico
Jusay” who has an outstanding warrant of arrest.
Prosecution of charges involving labor tra"cking, organ tra"cking and use of
children for armed conflict are relatively rare comprising less than 10% of filed
charges.
36
5.43%
90.62%
3.74%
0.22%
types of tra!cking
Labor Tra"cking
Sexual Tra"cking
Organ Tra"cking
Use of Children for ArmedConflicts
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84% of tra"cking cases, excluding cases that were dismissed in the preliminary
investigation or inquest stages, and trial court level cases, have available data on
the type of exploitation.
ranking of provinces and cities:according to the geographic spread of filed trafficking
charges
37
Manila City, 14.43% Cebu City, Cebu, 5.45%
Pampanga Province, 5.01% Quezon City, 4.62%
Pasay City, 4.10% Zamboanga City, 3.75%
Quezon Province, 3.18% Rizal Province, 2.70%
Davao del Sur Province, 2.40% Lapu-lapu City, Cebu, 2.44%
Bulacan Province, 2.22% Bukidnon Province, 1.74%
Negros Oriental Province, 1.70%
Caloocan City, 1.53% Camarines Sur Province, 1.74%
Isabela Province, 1.74%
Nueva Ecija Province, 1.53% Pasig City, 1.66%
Mandaue City, Cebu, 1.61% Makati City, 1.48%
Samar Province, 1.35% Malabon City, 1.31%
Pangasinan Province, 1.26% Cavite Province, 1.26%
Cagayan Province, 1.18% Sorsogon Province, 1.05%
Muntinlupa Province, 0.96% Las Piñas City, 0.96%
Oriental Mindoro Province, 0.87% Batangas Province, 0.87% Zambales Province, 0.83%
Laguna Province, 0.83% Tarlac Province, 0.78% Paranaque City, 0.70% Leyte Province, 0.78%
South Cotabato Province, 0.74% Marikina City, 0.74%
Albay Province, 0.83% Negros Occidental Province, 0.70%
Mandaluyong City, 0.70% Camarines Norte Province, 0.70%
Palawan Province, 0.61% Davao del Norte Province, 0.70%
Ilocos Norte Province, 0.52% Bataan Province, 0.52%
Valenzuela City, 0.44% Taguig City, 0.48%
Lanao del Norte Province, 0.35% Nueva Vizcaya Province, 0.39%
Agusan del Norte Province, 0.39% Zamboanga del Sur Province, 0.35%
Toledo City, Cebu, 0.35% Iloilo Province, 0.35%
Cotabato City, ARMM, 0.35% La Union Province, 0.31%
Aklan Province, 0.31% Masbate Province, 0.26%
Misamis Oriental Province, 0.22% Ilocos Sur Province, 0.22%
Bohol Province, 0.22% Biliran Province, 0.22%
Tawi-tawi Province, 0.22%
Catanduanes Province, 0.17% Benguet Province, 0.17%
Zamboanga del Norte Province, 0.13% Quirino Province, 0.13%
Misamis Occidental Province, 0.13%
Lucena City, Quezon, 0.13% Compostela Valley Province, 0.13%
Baguio City, 0.13% Zamboanga Sibugay Province, 0.09%
Sarangani Province, 0.09% San Juan City, 0.09%
Occidental Mindoro Province, 0.09% North Cotabato Province, 0.09%
Marinduque Province, 0.09% Gumaca Municipality, Quezon, 0.09%
Eastern Samar Province, 0.09% Aurora Province, 0.09%
Antique Province, 0.09% Kalinga Province, 0.04%
Argao City, Cebu, 0.04%
tra!cking cases by geographic incidence: city or province
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The map above shows the tra"cking hotspots. Areas with the highest number of
tra"cking cases are in red. The size of the red dot indicates the number and
geographic spread of tra"cking cases. Cities that have an O"ce of the City
Prosecutor assigned to it and provinces that have an O"ce of the Provincial
Prosecutor assigned to it are listed here.
suspected tra"cker
charges are usually filed against 1 or 2 traffickers
Under the Anti-Tra"cking in
Persons Act, tra"cking is
deemed committed by a
syndicate if carried out by a
group of three (3) or more
persons conspiring or
confederating with one
another.
99% of cases have data on
the number of tra"ckers.
traffickers are often charged with trafficking 1 or 2 victims
Under the Anti-
Tra"cking in Persons
Act, tra"cking is
deemed committed in
large scale if
committed against
three (3) or more
persons, individually
or as a group.
Among the notable
cases where there was
large scale tra"cking
involved are: in Quezon Province, one suspect tra"cked 18 people for the removal
38
accusedoperating in
large scale 20%
accused not
operating in
large scale
80%
cases with 3 or
more accused
22%
cases with less
than 3 accused
78%
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and sale of their kidneys. In Samar, one person was found guilty of 7 counts of11
tra"cking committed against 7 victims. In Bukidnon, one person was prosecuted12
for 16 counts of tra"cking committed against 16 victims but remains at large. In13
Malabon, one person is being tried for 5 counts of tra"cking committed against 5
victims.
In Pasig and Mandaluyong, one person was charged with 4 counts of14
tra"cking committed against 4 victims. In Quezon, one suspect was charged with15
22 counts of tra"cking committed against 22 victims but remains at large with an
outstanding warrant of arrest. In Biliran, one suspect was charged with 4 counts of16
tra"cking committed against 4 victims. In Quezon City, one suspect is being tried17
for 12 counts of tra"cking committed against 4 victims. 18
93% of tra"cking charges have information on the number of victims.
traffickers are often charged under section 4a and section4e of the anti-trafficking act
Section 4(a)
defines the
following as
acts of
tra"cking “to
recruit, obtain,
hire, provide,o$er,
transport,
transfer,
maintain,
harbor, or
receive a
person by any
means,
39
Sec.4a: Recruitment,Transport and Transfer
50%
Sec.4e: Keep or Hire for
Pornography/Prostitution
41%
Sec.5: Acts that promoteTra"cking in Persons
5%
Sec.4g: Removal andSale of Organs
4%
Sec.4f: Adoption or
Facilitating Adoption 0%
Sec.4c: O#ering orContracting Marriage
0%
Sec.4h: ChildEngagement in Armed
Activities
0%
Other 0%
See Region IV Database11
See Region VIII Database12
See Region X Database13
See National Capital Region Database14
See National Capital Region Database15
See Region VI Database16
See Region VIII Database17
See National Capital Region Database18
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including those done under the pretext of domestic or overseas employment or
training or apprenticeship, for the purpose of prostitution, pornography, or sexual
exploitation.” While section 4(e) covers the following acts of tra"cking: “to maintain
or hire a person to engage in prostitution or pornography.” These findings tie with
the data that the most common type of tra"cking is for the purpose of sexualexploitation. Notably, not one case has been filed for the use of tra"cked persons
for prostitution.
Data reflected in this chart are based on charges filed at the trial court. Excluding
those which have been provisionally dismissed, archived and dismissed, 84% of
tra"cking charges has available data on modes or acts of tra"cking.
40
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criminal justice response
Based on concluded cases or cases resolved by the trial courts after a full blown
trial, including cases which resulted in either conviction or acquittal, the criminal
justice response to tra"cking cases is relatively fast compared to the averageduration in criminal cases. This may be attributable to the fact that the19
government has put in place several policies to specifically prosecute and resolve
tra"cking cases. The Department of Justice created an Anti-Tra"cking in Persons
Task Force while the O"ce of the Court Administrator issued a directive to the trial20
courts to hear and decide tra"cking in persons cases within 180 days, or 6 months,
from arraignment. 21
from time of trafficking to conviction or acquittal
Identified tra"cked
victims are rescued
within 7 months
from tra"cking. It
takes 3 years and 5
months from the
time of tra"cking to
resolution of thecase. Time of
tra"cking is sourced
from the dates
indicated in the
information filed with
41
"if an accused were lucky enough and that he or she was accorded the shortest period a process can be19
done in each stage of his or&her case, the length of the whole case of such accused will be terminated in eight
(8) months in Mandaluyong City and ten (10) months in Quezon City. If however the accused were unlucky, if heor she were in Mandaluyong City, his or her case can only be terminated after sixteen (16) years and if he or she
were from Quezon City, the case can only be terminated after eighteen (18) years. These things however have
not yet happened. But all cases are finished between eight (8) months to sixteen (16) years in Mandaluyong City
and between ten (10) months to eighteen (18) years in Quezon City. On the average however, cases are
terminated more or less five (5) years in Mandaluyong City and six (6) years in Quezon City." &Based on a study
conducted by the Humanitarian Legal Assistance Foundation, Inc., How Speedy are Philippine Criminal Cases
Disposed Of? http://primary.hlafphil.org/index.php/library/downloadables/category/1-research (last accessed 13
December 2013)
Department of Justice Order No. 754, s. of 2009 created the task force. Department of Justice Order No. 700,20
s. of 2011, reconstituted the task force.
The Circular dated October 26, 2010 has the following subject: Speedy Disposition of Cases for Violations of21
Republic Act No. 9208 (Anti-Tra! cking in Persons Act of 2003) or Tra! cking in Persons Cases
16%
27%
14%
43%
Number of days from timeof tra"cking to filing of
complaint : 202 days
Number of days ofpreliminary investigation or
inquest: 338 days
Number of days fromissuance of resolution to
arraignment: 177 days
Number of days from
arraignment to decision:
537 days
speed of criminal justice response
from time of tra"cking
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the trial courts. Trial proper, or from arraignment to decision, takes a about a year
and a half.
from time of filing of complaint to conviction or acquittal
Again based on
concluded cases or
cases resolved by
the trial courts after
a full blown trial,
including cases
which resulted ineither conviction or
acquittal, the
criminal justice
response to
tra"cking cases is
relatively fast
compared to the
average duration in
cases, especially so when computed from the time a tra"cking complaint is filedwith the prosecutor. It takes 2 years and 10 months from the time of filing a
complaint with the prosecutor to the resolution of the case.
from time of trafficking to conviction
Looking at the
criminal justice
response onlyfrom cases which
resulted in
convictions, it
takes 3 years and
9 months from the
time of tra"cking
to convict a
tra"cker.
42
32%
17%
51%
Number of days of
preliminary investigation or
inquest: 338 days
Number of days fromissuance of resolution to
arraignment: 177 days
Number of days from
arraignment to decision:
537 days
speed of criminal justice response
from time of filing of complaint
10%
31%
17%
42%
Number of days from timeof tra"cking to filing of
complaint : 145 days
Number of days of
preliminary investigation or
inquest: 417 days
Number of days from
issuance of resolution to
arraignment: 229 days
Number of days from
arraignment to decision:
565 days
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from time of filing of complaint to conviction
Looking again at
the criminal justice response
only from cases
which resulted in
convictions, it
takes 3 years
and 3 months
from the time of
filing a complaint
with theprosecutor to
convict a
tra"cker.
status of trial court level charges
For purposes of this report, trial court level charges are those which have beed filedbefore the Regional Trial Courts and are no longer undergoing preliminary
investigation or inquest. Since charges on appeal with the Supreme Court comprise
less than one-fourth of a percent and are statistically insignificant, these were also
included the trial court level cases. It includes those where some or all of the the
accused are arraigned, those which are undergoing pre-trial, trial, those which have
been provisionally dismissed, those which have been archived and those which
dispositive orders have been rendered. 22
10.58% of trial court level cases have outstanding warrants of arrest, 20.35% are
archived, .22% are provisionally dismissed and 19.80% have been dismissed. Thus,
51% of filed tra"cking charges do not begin trial, because the accused is at large
and has not been arraigned, or do not finish trial, because the charges are
provisionally dismissed, archived or dismissed, oftentimes because the victim
refuses to testify or has filed an a"davit of desistance . 23
43
Dispositive orders include judgments after a trial on the merits and those dismissed because of lack of22
interest to prosecute.
Prior to the 2012 amendments to the Anti-Tra"cking in Persons Act, a filed A "davit of Desistance was23
considered as a valid ground to dismiss a complaint.
34%
19%
47%
Number of days of
preliminary investigation
or inquest: 417 days
Number of days from
issuance of resolution to
arraignment: 229 days
Number of days from
arraignment to decision:
565 days
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Trial courts archive cases based on the guidelines issued by the Supreme Court, in
the exercise of its administrative supervision over all trial courts. Criminal cases,
such as tra"cking in persons cases, may only be archived if, after the issuance of
the warrant of arrest, the accused remains at large for six (6) months from the
delivery of the warrant to the proper peace o"cer. 24
The court, motu proprio or upon motion of any party, may likewise archive a criminal
case when proceedings are ordered suspended for an indefinite period because of
the following: a) the accused is su$ering from an unsound mental condition; b)
existence of a valid prejudicial question in a civil case during the pendency of the
criminal case; c) an interlocutory order or incident is elevated to, and is pending
before a higher court, which thereafter, has issued a temporary restraining order or
writ of preliminary injunction; and d) when an accused has jumped bail before
arraignment and cannot be arrested by his bondsmen. 25
However, archiving rules are not uniformly implemented. While a majority of the
cases have outstanding warrants of arrest for more than six (6) months, some
provisionally dismissed cases are also sometimes archived.
44
OCA Circular No. 89-04 dated August 12, 2004 has the following subject: Reiteration of the Guidelines in24
Archiving Cases
Ibid.25
On Appeal to SC, 0.05%
Dismissed, 19.80%
Provisionally Dismissed, 0.22%
Archived, 20.35%
Guilty - of the Lesser O"ense, 0.81%
Guilty - of the O"ense Charged, 6.40%
Acquitted, 2.60%
Submitted for Decision, 0.81%
Trial, 33.26%
Outstanding Warrant of Arrest, 10.58%
Pre-Trial, 2.88%
Arraignment of All Accused, 1.84%
Arraignment of Some of the Accused, 0.38%
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Majority of dismissals at the trial court level are based on A "davits of Desistance.
Prior to the 2012 amendments to the Anti-Tra"cking Act, there was no prohibition
on the use of A "davits of Desistance as a basis to dismiss a case. The26
amendment directs both the public and private prosecutors to oppose and manifest
objections to motions of dismissals.
This amendment was a legislative response27
borne out of numerous cases that have been dismissed based on A "davits of
Desistance.
Nonetheless, when the prosecutor’s case rest solely on the testimony of the victim
and no other evidence is presented or is available to be presented, the case will be
dismissed.
In a 2013 case, a court in the Sixth Judicial Region dismissed the case against the
accused based on the violation of their right to a speedy trial. One year had passed
from the detention of the accused and they have not been arraigned because the
public prosecutors and the complainants failed to appear. 28
On the other hand, less than half a percent are provisionally dismissed. In almost all
instances of provisional dismissal, the cause is the non-appearance of the
complainant or the material witnesses during the presentation of the prosecution’s
case. A particular case in the Seventh Judicial Region was provisionally dismissed
for failure of the material witnesses, the police, to appear. 29
In another case decided in April 2013, a court in the Fifth Judicial Region allowedthe case to be provisionally dismissed primarily due to the settlement of the civil
aspect of the case. 30
45
Section 8.&Initiation and Prosecution of Cases.&– 26
xxx% xxx% xxx
(c)& A! davit of Desistance. –$Cases involving tra"cking in persons should not be dismissed based
on the a"davit of desistance executed by the victims or their parents or legal guardians. Public
and private prosecutors are directed to oppose and manifest objections to motions for dismissal.
Any act involving the means provided in this Act or any attempt thereof for the purpose of securing
an A "davit of Desistance from the complainant shall be punishable under this Act. [As amended
by R.A. 10364]
Ibid.27
People vs. Shin and Botor, Crim Case No. 10583, Sixth Judicial Region, Regional Trial Court, Branch 7,28
Kalibo, Aklan.
People vs. Epe, et al. Criminal Case No. 14728, Seventh Judicial Region, Regional Trial Court, Branch 49, City29
of Tagbilaran
People v. Competente, Criminal Case No. 13653, Fifth Judicial Region, Regional Trial Court, Branch 40, Daet,30
Camarines Norte
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The likelihood of provisionally dismissed cases being revived are slim, resulting in
their eventual dismissal. The rule on provisional dismissals is found in Section 8,31
Rule 117 of the Revised Rules of Court:
SEC.8. Provisional dismissal. — A case shall not be provisionally
dismissed except with the express consent of the accused and with
notice to the o$ended party.
The provisional dismissal of o$enses punishable by imprisonment not
exceeding six (6) years or a fine of any amount, or both, shall become
permanent one (1) year after issuance of the order without the case
having been revived. With respect to o$enses punishable by
imprisonment of more than six (6) years, their provisional dismissal
shall become permanent two (2) years after issuance of the order
without the case having been revived.
Since tra"cking o$enses are penalized with at least 6 years of imprisonment, the
time bar for the revival of the prosecution is 2 years.
On the other hand, 33.26% are on active trial. If the Supreme Court’s guidelines are
followed, these cases should be tried and decided within 180 days or 6 months
from the time of arraignment. Realistically however, the median period for trial,32
using the cases which resulted in either acquittal or conviction, is 565 days or 1 year
and 5 months.
46
A case is provisionally dismissed if the following requirements concur: 1) the prosecution with the express31
conformity of the accused, or the accused, moves for a provisional dismissal ( sin perjuicio ) of his case; or both
the prosecution and the accused move for its provisional dismissal; 2) the o$ended party is notified of the
motion for a provisional dismissal of the case; 3) the court issues an order granting the motion and dismissing
the case provisionally; and 4) the public prosecutor is served with a copy of the order of provisional dismissal of
the case. In People v. Lacson (400 SCRA 293 [2003]), we ruled that there are sine qua non requirements in the
application of the time-bar rule stated in the second paragraph of Section 8 of Rule 117. We also ruled that the
time-bar under the foregoing provision is a special procedural limitation qualifying the right of the State to
prosecute, making the time-bar an essence of the given right or as an inherent part thereof, so that the lapse of
the time-bar operates to extinguish the right of the State to prosecute the accused. [Los Banos vs. Pedro 586
SCRA 303 (2009)]
The Supreme Court, through the O"ce of the Court Administrator, issued OCA Circular No. 151-2010 in the32
exercise of its administrative supervision over all trial courts. The said circular ordered all trial courts to expedite
the disposition of cases involving violations of the Anti-Tra"
cking Act which are mandated to be heardcontinuously with hearing dates being spaced not more than two weeks apart. In addition, newly-ra'ed ones
should be heard and decided within 180 days from arraignment of the accused.
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concluded trials which resulted in conviction vs. acquittal
Of the charges
where a full trial on
the merits were held,
or concluded trials,
133 charges or 76%
resulted in
convictions.
Specifically excluded
here are those whichhave been
provisionally
dismissed, archived
or dismissed without
a full trial. Of the charges which resulted in convictions, 11% resulted in a finding of
guilt of a lesser o$ense than what was charged.
number of convictions under the Aquino Administration
compared to the Arroyo Administration
47
0
5
10
15
20
25
30
35
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
Aquino Administration-96 convictions
Arroyo Administration-37 convictions
Acquittal
27%
Conviction
73%
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The Aquino administration, in just a little over 3 years oversaw 96 convictions of
tra"cking chargers. However, the Arroyo administration in 8 years only oversaw 37
convictions. By way of comparison, the Aquino administration has 2 1/2 times the
number of convictions than the Arroyo administration.
using the metric set in the 2012 UN global report on
trafficking in persons
The 2012 United Nations O"ce on Drugs and Crimes Global Report on Tra"cking in
Persons states that among the 100 countries which provided information on the
number of convictions for tra"cking in persons for the year 2010 (excluding a
limited number of exceptions), the rate ranged between 0 and 1.6 per 100,000inhabitants. If the distribution of countries is considered according to the conviction
rates the majority of the countries registered conviction rates between 0 and 0.6. A
conviction rate above 1 was registered in very few cases, and the rate rose above
1.6 per 100,000 persons in only two cases. The mean value for the conviction rates
in 2010 among these 100 countries is 0.154 per 100,000 people.
In comparison, the mean value for the conviction rates in 2010 in the Philippines
is .023 per 100,000 persons.
Courts, including the Court of Appeals and the Supreme
Court publish the names of the victims, contrary to Sec. 7 of
the Anti-Trafficking Act.
In all cases filed with the trial courts, names and other identifying information of the
victims are stated. In the two (2) cases on tra"cking decided by the Supreme Court,
48
0.0000 0.0000
0.0105
0.0000
0.0045
0.0068
0.0147
0.0238
0.0282
0.0325
0.0260
0.0000
0.0050
0.0100
0.0150
0.0200
0.0250
0.0300
0.0350
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
number of convictions per 100,000 persons: national
* 100% of tra"cking cases has available data on the number of convictions per region
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one was a decision which stated the full name of the tra"cking victim. The other33
one is a minute resolution which did not mention the name of the minor victims.
However in the same case, the names of the minor victims were explicitly stated in
the Court of Appeals decision. (34
49
See People v. Lalli, G.R. No. 195419, 12 October 2011, 659 SCRA 105 (2011)33
See People v. Ebarat, G.R. No. 203643, 10 April 2013 and People v. Ebarat, CA-G.R. CR-HC No. 0091234
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legal framework
50
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the anti-tra"cking act of 2003, as amended
The Anti-Tra"cking in Persons Act defines tra"cking in persons as covering acts35
of “recruitment, obtaining, hiring, providing, o$ering, transportation, transfer,
maintaining, harboring, or receipt of persons with or without the victim’s consent orknowledge” by means of “threat, or use of force, or other forms of coercion,36
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 for the purpose
of exploitation.” 37
The purpose of exploitation or type of tra"cking includes “the prostitution of others
or other forms of sexual exploitation, forced labor or services, slavery, servitude or
the removal or sale of organs” as well as child engagement in armed activities.38 3Tra"cking may be within or across national borders. 40
In the case of children, tra"cking in persons exist even if it does not involve any of
the means stated above when the act of “recruitment, transportation, transfer,
harboring, adoption or receipt of a child” is for the purpose of exploitation or when
the adoption is induced by any form of consideration for exploitative purposes.” 41
The Anti-Tra"cking Act also separately defines o$enses as acts of tra"cking, acts42
promoting tra"cking, and qualified tra"cking. Attempted acts of tra"cking,43 44 4
accomplice liability and accessory liability are also separately penalized. Use of46 47
51
Republic Act No. 9208 or the Anti-Tra! cking in Persons Act of 2003, as amended by Rep. Act No. 10368 or35
the Expanded Anti-Tra! cking in Persons Act of 2012
Rep. Act No. 9208, as amended, Section 3 (a)36
ibid.37
ibid .38
Rep. Act No. 9208, as amended, Sec. 4 (i)39
ibid.40
ibid.41
Rep. Act No. 9208, as amended, Section 442
Rep. Act No. 9208, as amended, Section 543
Rep. Act No. 9208, as amended, Section 644
Rep. Act No. 9208, as amended, Section 4-A 45
Rep. Act No. 9208, as amended, Section 4-B46
Rep. Act No. 9208, as amended, Section 4-C47
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tra"cked persons for prostitution is now heavily penalized, with the added penalty48
of dismissal from public o"ce and perpetual disqualification to hold o"ce for public
o"cers. Convicted o$enders who are foreigners are also deported after service of
their prison terms.
Notably, when a person is tra"cked for prostitution, the victim is no longer subject
to prosecution for prostitution under the Revised Penal Code of the Philippines. 4
Further, the amendments to the Act removed the confidentiality of the identity of
persons accused of tra"cking. Public identification of the suspected tra"ckers’
name may serve as a warning to potential victims.
The Anti-Tra"cking Act not only defines criminal acts of tra"cking but also seeks to
implement preventive, protective and rehabilitative programs to ensure the recovery,
rehabilitation and reintegration of tra"cking victims into the mainstream society. 50
other domestic laws used to fight tra"cking in
persons
In the case of People v. Lalli, the Supreme Court ruled that when an act or acts51
violate two or more di$erent laws and constitute two di$erent o$enses, prosecution
under one will not bar a prosecution under the other. The Court explained that the
constitutional right against double jeopardy only applies to the risk of being
punished twice for the same o$ense, or for an act punished by a law and an
ordinance. The prohibition on double jeopardy does not apply to an act or series of
acts constituting di$erent o$enses. Hence, a tra"cker may be charged under the
Anti-Tra"cking Act and any of the following laws:
The Anti-Child Abuse Act
The Anti-Child Abuse Act was enacted in 1992 in consonance with the declared52
policy of the State to provide special protection to children from all forms of abuse,
52
Rep. Act No. 9208, as amended, Section 1148
Rep. Act No. 9208, as amended, Section 1749
Rep. Act No. 9208, as amended, Sections 2 and 1650
People vs. Lalli, 659 SCRA 105 (2011) citing People v. Tac-an, 261 Phil. 728, 746; 182 SCRA 601 (1990).51
Rep. Act No. 7610, or the Special Protection of Children against Child Abuse, Exploitation and Discrimination52
Act of 1992, as amended by Rep. Act No. 9231 (2003).
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neglect, cruelty exploitation and discrimination and other conditions prejudicial to
their development. 53
Relevant to the Anti-Tra"cking Act, “child abuse" is defined as the maltreatment,
whether habitual or not, of the child which includes any of the following: (1)
psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment; (2) any act by deeds or words which debases, degrades or demeans
the intrinsic worth and dignity of a child as a human being; (3) unreasonable
deprivation of his basic needs for survival, such as food and shelter; or (4) failure to
immediately give medical treatment to an injured child resulting in serious
impairment of his growth and development or in his permanent incapacity or
death. Child prostitution is also defined in the law as “children, whether male or54
female, who for money, profit, or any other consideration or due to the coercion or
influence of any adult, syndicate or group, indulge in sexual intercourse or lasciviousconduct, are deemed to be children exploited in prostitution and other sexual
abuse.” 55
Further, the Anti-Child Abuse Act provides that no child shall be engaged in the
worst forms of child labor. “Worst forms of child labor” include all forms of slavery,56
as defined under the Anti-Tra"cking in Persons Act, or practices similar to slavery
such as sale and tra"cking of children, debt bondage and serfdom and forced or
compulsory labor, including recruitment of children for use in armed conflict; the
use, procuring, o$ering or exposing of a child for prostitution, for the production of
pornography or for pornographic performances; or the use, procuring or o$ering of
a