RA

Republic of the Philippines
Congress of the Philippines

Metro Manila
Fourteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand
nine.
REPUBLIC ACT N0. 9745
AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING

TREATMENT OR PUNISHMENT AND PRESCRIBING PENALTIES THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:
Section 1. Short Title. - This Ad shall be known as the "Anti-Torture Act of 2009".
Section 2. Statement of Policy. - It is hereby declared the policy of the State:
(a) To value the dignity of every human person and guarantee full respect for human
rights;
(b) To ensure that the human rights of all persons, including suspects, detainees and
prisoners are respected at all times; and that no person placed under investigation or
held in custody of any person in authority or, agent of a person authority shall be
subjected to physical, psychological or mental harm, force, violence, threat or
intimidation or any act that impairs his/her free wi11 or in any manner demeans or
degrades human dignity;
(c) To ensure that secret detention places, solitary, incommunicado or other similar
forms of detention, where torture may be carried out with impunity, are prohibited; and
(d) To fully adhere to the principles and standards on the absolute condemnation and
prohibition of torture as provided for in the 1987 Philippine Constitution; various
international instruments to which the Philippines is a State party such as, but not limited
to, the International Covenant on Civil and Political Rights (ICCPR), the Convention on
the Rights of the Child (CRC), the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDA W) and the Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT); and all other
relevant international human rights instruments to which the Philippines is a signatory.
Section 3. Definitions. - For purposes of this Act, the following terms shall mean:
(a) "Torture" refers to an act by which severe pain or suffering, whether physical or
mental, is intentionally inflicted on a person for such purposes as obtaining from him/her
or a third person information or a confession; punishing him/her for an act he/she or a
third person has committed or is suspected of having committed; or intimidating or
coercing him/her or a third person; or for any reason based on discrimination of any kind,
when such pain or suffering is inflicted by or at the instigation of or with the consent or
acquiescence of a person in authority or agent of a person in authority. It does not
include pain or Buffering arising only from, inherent in or incidental to lawful sanctions.
(b) "Other cruel, inhuman and degrading treatment or punishment" refers to a deliberate
and aggravated treatment or punishment not enumerated under Section 4 of this Act,
inflicted by a person in authority or agent of a person in authority against a person under
his/her custody, which attains a level of severity causing suffering, gross humiliation or
debasement to the latter.
(c) "Victim" refers to the person subjected to torture or other cruel, inhuman and
degrading treatment or punishment as defined above and any individual who has
suffered harm as a result of any act(s) of torture, or other cruel, inhuman and degrading
treatment or punishment.
(d) "Order of Battle" refers to any document or determination made by the military, police
or any law enforcement agency of the government, listing the names of persons and
organizations that it perceives to be enemies of the State and that it considers as
legitimate targets as combatants that it could deal with, through the use of means
allowed by domestic and international law.
Section 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be limited to,
the following:
(a) Physical torture is a form of treatment or punishment inflicted by a person in authority

or agent of a person in authority upon another in his/her custody that causes severe
pain, exhaustion, disability or dysfunction of one or more parts of the body, such as:
(1) Systematic beating, headbanging, punching, kicking, striking with truncheon

or rifle butt or other similar objects, and jumping on the stomach;
(2) Food deprivation or forcible feeding with spoiled food, animal or human
excreta and other stuff or substances not normally eaten;
(3) Electric shock;

(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the
rubbing of pepper or other chemical substances on mucous membranes, or acids
or spices directly on the wound(s);
(5) The submersion of the head in water or water polluted with excrement, urine,
vomit and/or blood until the brink of suffocation;
(6) Being tied or forced to assume fixed and stressful bodily position;
(7) Rape and sexual abuse, including the insertion of foreign objects into the sex
organ or rectum, or electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of the body such as the
genitalia, ear, tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight and extreme cold;
(12) The use of plastic bag and other materials placed over the head to the point
of asphyxiation;
(13) The use of psychoactive drugs to change the perception, memory. alertness
or will of a person, such as:
(i) The administration or drugs to induce confession and/or reduce mental

competency; or
(ii) The use of drugs to induce extreme pain or certain symptoms of a disease;
and
(14) Other analogous acts of physical torture; and
(b) "Mental/Psychological Torture" refers to acts committed by a person in authority or

agent of a person in authority which are calculated to affect or confuse the mind and/or
undermine a person's dignity and morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or

other wrongful acts;
(3) Confinement in solitary cells or secret detention places;

(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public display or public humiliation of a
detainee or prisoner;
(6) Causing unscheduled transfer of a person deprived of liberty from one place
to another, creating the belief that he/she shall be summarily executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the person's family, relatives
or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked, parading him/her in
public places, shaving the victim's head or putting marks on his/her body against
his/her will;
(11) Deliberately prohibiting the victim to communicate with any member of

his/her family; and
(12) Other analogous acts of mental/psychological torture.
Section 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. - Other cruel,
inhuman or degrading treatment or punishment refers to a deliberate and aggravated treatment
or punishment not enumerated under Section 4 of this Act, inflicted by a person in authority or
agent of a person in authority against another person in custody, which attains a level of
severity sufficient to cause suffering, gross humiliation or debasement to the latter. The
assessment of the level of severity shall depend on all the circumstances of the case, including
the duration of the treatment or punishment, its physical and mental effects and, in some cases,
the sex, religion, age and state of health of the victim.
Section 6. Freedom from Torture and Other Cruel, Inhuman and Degrading Treatment or
Punishment, An Absolute Bight. - Torture and other cruel, inhuman and degrading treatment or
punishment as criminal acts shall apply to all circumstances. A state of war or a threat of war,
internal political instability, or any other public emergency, or a document or any determination
comprising an "order of battle" shall not and can never be invoked as a justification for torture
and other cruel, inhuman and degrading treatment or punishment.
Section 7. Prohibited Detention. - Secret detention places, solitary confinement,

incommunicado or other similar forms of detention, where torture may be carried out with
impunity. Are hereby prohibited.
In which case, the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP)
and other law enforcement. agencies concerned shall make an updated list of all detention
centers and facilities under their respective jurisdictions with the corresponding data on the
prisoners or detainees incarcerated or detained therein such as, among others, names, date of
arrest and incarceration, and the crime or offense committed. This list shall be made available to
the public at all times, with a copy of the complete list available at the respective national
headquarters of the PNP and AFP. A copy of the complete list shall likewise be submitted by the
PNP, AFP and all other law enforcement agencies to the Commission on Human Rights (CHR),
such list to be periodically updated, by the same agencies, within the first five (5) days of every
month at the minimum. Every regional office of the PNP, AFP and other law enforcement
agencies shall also maintain a similar list far all detainees and detention facilities within their
respective areas, and shall make the same available to the public at all times at their respective
regional headquarters, and submit a copy. updated in the same manner provided above, to the
respective regional offices of the CHR.
Section 8. Applicability of the Exclusionary Rule; Exception. - Any confession, admission or

statement obtained as a result of torture shall be inadmissible in evidence in any proceedings,
except if the same is used as evidence against a person or persons accused of committing
torture.
Section 9. Institutional Protection of Torture Victims and Other Persons Involved. - A victim of
torture shall have the following rights in the institution of a criminal complaint for torture:
(a) To have a prompt and an impartial investigation by the CHR and by agencies of
government concerned such as the Department of Justice (DOJ), the Public Attorney's
Office (PAO), the PNP, the National Bureau of Investigation (NBI) and the AFP. A
prompt investigation shall mean a maximum period of sixty (60) working days from the
time a complaint for torture is filed within which an investigation report and/or resolution
shall be completed and made available. An appeal whenever available shall be resolved
within the same period prescribed herein,
(b) To have sufficient government protection against all forms of harassment; threat
and/or intimidation as a consequence of the filing of said complaint or the presentation of
evidence therefor. In which case, the State through its appropriate agencies shall afford
security in order to ensure his/her safety and all other persons involved in the
investigation and prosecution such as, but not limited to, his/her lawyer, witnesses and
relatives; and
(c) To be accorded sufficient protection in the manner by which he/she testifies and
presents evidence in any fora in order to avoid further trauma.
Section 10. Disposition of Writs of Habeas Corpus, Amparo and Habeas Data Proceedings and
Compliance with a Judicial 07'der. - A writ of habeas corpus or writ of amparo or writ of habeas
data proceeding, if any, filed on behalf of the victim of torture or other cruel, degrading and
inhuman treatment or punishment shall be disposed of expeditiously and any order of release
by virtue thereof, or other appropriate order of a court relative thereto, shall be executed or
complied with immediately.
Section 11. Assistance in Filing a Complaint. - The CHR and the PAO shall render legal
assistance in the investigation and monitoring and/or filing of the complaint for a person who
suffers torture and other cruel, inhuman and degrading treatment or punishment, or for any
interested party thereto.
The victim or interested party may also seek legal assistance from the Barangay Human Rights
Action Center (BRRAC) nearest him/her as well as from human rights nongovernment
organizations (NGOs).
Section 12. Right to' Physical, Medical and Psychological Examination. - Before and after
interrogation, every person arrested, detained or under custodial investigation shall have the
right to he informed of his/her right to demand physical examination by an independent and
competent doctor of his/her own choice. If such person cannot afford the services of his/her own
doctor, he/she shall he provided by the State with a competent and independent doctor to
conduct physical examination. The State shall endeavor to provide the victim with psychological
evaluation if available under the circumstances. If the person arrested is a female, she shall be
attended to preferably by a female doctor. Furthermore, any person arrested, detained or under
custodial investigation, including his/her immediate family, shall have the right to immediate
access to proper and adequate medical treatment. The physical examination and/or
psychological evaluation of the victim shall be contained in a medical report, duly signed by the
attending physician, which shall include in detail his/her medical history and findings, and which
shall he attached to the custodial investigation report. Such report shall be considered a public
document.
Following applicable protocol agreed upon by agencies tasked to conduct physical,

psychological and mental examinations, the medical reports shall, among others, include:
(a) The name, age and address of the patient or victim;
(b) The name and address of the nearest kin of the patient or victim;
(c) The name and address of the person who brought the patient or victim for physical,
psychological and mental examination, and/or medical treatment;
(d) The nature and probable cause of the patient or victim's injury, pain and disease
and/or trauma;
(e) The approximate time and date when the injury, pain, disease and/or trauma
was/were sustained;
(f) The place where the injury, pain, disease and/or trauma was/were sustained;
(g) The time, date and nature of treatment necessary; and
(h) The diagnosis, the prognosis and/or disposition of the patient.
Any person who does not wish to avail of the rights under this pr<;lvision may knowingly and
voluntarily waive such rights in writing, executed in the presence and assistance of his/her
counsel.
Section 13. Who are Criminally Liable. - Any person who actually participated Or induced
another in the commission of torture or other cruel, inhuman and degrading treatment or
punishment or who cooperated in the execution of the act of torture or other cruel, inhuman and
degrading treatment or punishment by previous or simultaneous acts shall be liable as principal
Any superior military, police or law enforcement officer or senior government official who issued
an order to any lower ranking personnel to commit torture for whatever purpose shall be held
equally liable as principals.
The immediate commanding officer of the unit concerned of the AFP or the immediate senior
public official of the PNP and other law enforcement agencies shall be held liable as a principal
to the crime of torture or other cruel or inhuman and degrading treatment or punishment for any
act or omission, or negligence committed by him/her that shall have led, assisted, abetted or
allowed, whether directly or indirectly, the commission thereof by his/her subordinates. If he/she
has knowledge of or, owing to the circumstances at the time, should have known that acts of
torture or other cruel, inhuman and degrading treatment or punishment shall be committed, is
being committed, or has been committed by his/her subordinates or by others within his/her
area of responsibility and, despite such knowledge, did not take preventive or corrective action
either before, during or immediately after its commission, when he/she has the authority to
prevent or investigate allegations of torture or other cruel, inhuman and degrading treatment or
punishment but failed to prevent or investigate allegations of such act, whether deliberately or
due to negligence shall also be liable as principals.
Any public officer or employee shall be liable as an accessory if he/she has knowledge that
torture or other cruel, inhuman and degrading treatment or punishment is being committed and
without having participated therein, either as principal or accomplice, takes part subsequent to
its commission in any of the following manner:
(a) By themselves profiting from or assisting the offender to profit from the effects of the
act of torture or other cruel, inhuman and degrading treatment or punishment;
(b) By concealing the act of torture or other cruel, inhuman and degrading treatment or
punishment and/or destroying the effects or instruments thereof in order to prevent its
discovery; or(c) By harboring, concealing or assisting m the escape of the principal/s in
the act of torture or other cruel, inhuman and degrading treatment or punishment:
Provided, That the accessory acts are done with the abuse of the official's public
functions.
Section 14. Penalties. - (a) The penalty of reclusion perpetua shall be imposed upon the
perpetrators of the following acts:
(1) Torture resulting in the death of any person;
(2) Torture resulting in mutilation;
(3) Torture with rape;
(4) Torture with other forms of sexual abuse and, in consequence of torture, the
victim shall have become insane, imbecile, impotent, blind or maimed for life; and
(5) Torture committed against children.
(b) The penalty of reclusion temporal shall be imposed on those who commit any act of
mental/psychological torture resulting in insanity, complete or partial amnesia, fear of
becoming insane or suicidal tendencies of the victim due to guilt, worthlessness or
shame.
(c) The penalty of prision correccional shall be imposed on those who commit any act of
torture resulting in psychological, mental and emotional harm other than those described
1n paragraph (b) of this section. '
(d) The penalty of prision mayor in its medium and maximum periods shall be imposed if,
in consequence of torture, the victim shall have lost the power of speech or the power to
hear or to smell; or shall have lost an eye, a hand, a foot, an arm or a leg; or shall have
lost the use of any such member; Or shall have become permanently incapacitated for
labor.
(e) The penalty of prision mayor in its minimum and medium periods shall be imposed if,
in consequence of torture, the victim shall have become deformed or shall have lost any
part of his/her body other than those aforecited, or shall have lost the use thereof, or
shall have been ill or incapacitated for labor for a period of more than ninety (90) days.
(f) The penalty of prision correccional in its maximum period to prision mayor in its
minimum period shall be imposed if, in consequence of torture, the victim shall have
been ill or incapacitated for labor for mare than thirty (30) days but not more than ninety
(90) days.
(g) The penalty of prision correccional in its minimum and medium period shall be
imposed if, in consequence of torture, the victim shall have been ill or incapacitated for
labor for thirty (30) days or less.
(h) The penalty of arresto mayor shall be imposed for acts constituting cruel, inhuman or
degrading treatment or punishment as defined in Section 5 of this Act.
(i) The penalty of prision correccional shall be imposed upon those who establish,
operate and maintain secret detention places and/or effect or cause to effect solitary
confinement, incommunicado or other similar forms of prohibited detention as provided
in Section 7 of this Act where torture may be carried out with impunity.
(j) The penalty of arresto mayor shall be imposed upon the responsible officers or
personnel of the AFP, the PNP and other law enforcement agencies for failure to
perform his/her duty to maintain, submit or make available to the public an updated list of
detention centers and facilities with the corresponding data on the prisoners or detainees
incarcerated or detained therein, pursuant to Section 7 of this Act.
Section 15. Torture as a Separate and Independent Crime. - Torture as a crime shall not
absorb or shall not be absorbed by any other crime or felony committed as a consequence, or
as a means in the conduct or commission thereof. In which case, torture shall be treated as a
separate and independent criminal act whose penalties shall be imposable without prejudice to
any other criminal liability provided for by domestic and international laws.
Section 16. Exclusion from the Coverage of Special Amnesty Law. - In order not to depreciate
the crime of torture, persons who have committed any act of torture shall not benefit from any
special amnesty law or similar measures that will have the effect of exempting them from any
criminal proceedings and sanctions.
Section 17. Applicability of Refouler. - No person shall be expelled, returned or extradited to

another State where there are substantial grounds to believe that such person shall be in
danger of being subjected to torture. For the purposes of determining whether such grounds
exist, the Secretary of the Department of Foreign Affairs (DFA) and the Secretary of the DOJ, in
coordination with the Chairperson of the CHR, shall take into account all relevant considerations
including, where applicable and not limited to, the existence in the requesting State of a
consistent pattern of gross, flagrant or mass violations of human rights.
Section 18. Compensation to Victims of Torture. - Any person who has suffered torture shall
have the right to claim for compensation as provided for under Republic Act No. 7309: Provided,
That in no case shall compensation be any lower than Ten thousand pesos (P10,000.00).
Victims of torture shall also have the right to claim for compensation from such other financial
relief programs that may be made available to him/her under existing law and rules and
regulations.
Section 19. Formulation of a Rehabilitation Program. - Within one (1) year from the effectivity of
this Act, the Department of Social Welfare and Development (DSWD), the DOJ and the
Department of Health (DOH) and such other concerned government agencies, and human
rights organizations shall formulate a comprehensive rehabilitation program for victims of torture
and their families. The DSWD, the DOJ and thc DOH shall also call on human rights
nongovernment organizations duly recognized by the government to actively participate in the
formulation of such program that shall provide for the physical, mental, social, psychological
healing and development of victims of torture and their families. Toward the attainment of
restorative justice, a parallel rehabilitation program for persons who have committed torture and
other cruel, inhuman and degrading punishment shall likewise be formulated by the same
agencies.
Section 20. Monitoring of Compliance with this Act. - An Oversight Committee is hereby created
to periodically oversee the implementation of this Act. The Committee shall be headed by a
Commissioner of the CRR, with the following as members: the Chairperson of the Senate
Committee on Justice and Human Rights, the respective Chairpersons of the House of
Representatives' Committees on Justice and Human Rights, and the Minority Leaders of both
houses or their respective representatives in the minority.
Section 21. Education and Information Campaign. - The CHR, the DOJ, the Department of
National Defense (DND), the Department of the Interior and Local Government (DILG) and such
other concerned parties in both the public and private sectors shall ensure that education and
information regarding prohibition against torture and other cruel, inhuman and degrading
treatment or punishment shall be fully included in the training of law enforcement personnel, civil
or military, medical personnel, public officials and other persons who may be involved in the
custody, interrogation or treatment of any individual subjected to any form of arrest, detention or
imprisonment. The Department of Education (DepED) and the Commission on Higher Education
(CHED) shall also ensure the integration of human rights education courses in all primary,
secondary and tertiary level academic institutions nationwide.
Section 22. Applicability of the Revised Penal Code. - The provisions of the Revised Penal
Code insofar as they are applicable shall be suppletory to this Act. Moreover, if the commission
of any crime punishable under Title Eight (Crimes Against Persons) and Title Nine (Crimes
Against Personal Liberty and Security) of the Revised Penal Code is attended by any of the acts
constituting torture and other cruel, inhuman and degrading treatment or punishment as defined
herein, the penalty to be imposed shall be in its maximum period.
Section 23. Appropriations. - The amount of Five million pesos (Php5,000,000.00) is hereby
appropriated to the CHR for the initial implementation of tills Act. Thereafter, such sums as may
be necessary for the continued implementation of this Act shall be included in the annual
General Appropriations Act.
Section 24. Implementing Rules and Regulations. - The DOJ and the CHR, with the active
participation of human rights nongovernmental organizations, shall promulgate the rules and
regulations for the effective implementation of tills Act. They shall also ensure the full
dissemination of such rules and regulations to all officers and members of various law
enforcement agencies.
Section 25. Separability Clause. - If any provision of this Act is declared invalid or
unconstitutional, the other provisions not affected thereby shall continue to be in full force and
effect.
Section 26. Repealing Clause. - All laws, decrees, executive orders or rules and regulations
contrary to or inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.
Section 27. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in at least two (2) newspapers of general circulation.
Approved,
Republic of the Philippines

Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.
[REPUBLIC ACT NO. 10364]
AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED "AN ACT TO INSTITUTE
POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND
CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE
PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR
ITS VIOLATIONS AND FOR OTHER PURPOSES"

assembled:
SECTION 1. Short Title. This Act shall be known as the "Expanded Anti-Trafficking in Persons
Act of 2012.
SEC. 2. Section 2 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 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 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.
"It shall be a State policy to recognize the equal rights and inherent human dignity of women
and men as enshrined in the United Nations Universal Declaration on Human Rights, United
Nations Convention on the Elimination of All Forms of Discrimination Against Women, United
Nations Convention on the Rights of the Child, United Nations Convention on the Protection of
Migrant Workers and their Families, United Nations Convention Against Transnational
Organized Crime Including its Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children and all other relevant and universally accepted human rights
instruments and other international conventions to which the Philippines is a signatory."
"SEC. 3. Definition of Terms. As used in this Act:
"(a) Trafficking in Persons refers to the recruitment, obtaining, hiring, providing, offering,
transportation, transfer, maintaining, harboring, or receipt of persons with or without the victim's
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 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 'trafficking in persons' even if it does not
involve any of the means set forth in the preceding paragraph.
"(b) Child refers to a person below eighteen (18) years of age or one who is over eighteen (18)
but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental disability or condition.
"(c) 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.
"(d) Forced Labor 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 including any
work or service extracted from any person under the menace of penalty.
"(e) Slavery refers to the status or condition of a person over whom any or all of the powers
attaching to the right of ownership are exercised.
"(f) Involuntary Servitude refers to a condition of enforced and compulsory service induced by
means of any scheme, plan or pattern, intended to cause a person to believe that if he or she
did not enter into or continue in such condition, he or she or another person would suffer serious
harm or other forms of abuse or physical restraint, or threat of abuse or harm, or coercion
including depriving access to travel documents and withholding salaries, or the abuse or
threatened abuse of the legal process.
"(g) Sex Tourism refers to a program organized by travel and tourism-related establishments
and individuals which consists of tourism packages or activities, utilizing and offering escort and
sexual services as enticement for tourists. This includes sexual services and practices offered
during rest and recreation periods for members of the military.
"(h) Sexual Exploitation refers to participation by a person in prostitution, pornography or the

production of pornography, in exchange for money, profit or any other consideration or where
the participation is caused or facilitated by any means of intimidation or threat, use of force, or
other forms of coercion, abduction, fraud, deception, debt bondage, abuse of power or of
position or of legal process, taking advantage of the vulnerability of the person, or giving or
receiving of payments or benefits to achieve the consent of a person having control over
another person; or in sexual intercourse or lascivious conduct caused or facilitated by any
means as provided in this Act.
"(i) Debt Bondage refers to the pledging by the debtor of his/her personal services or labor or
those 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.
"(j) Pornography refers to any representation, through publication, exhibition, cinematography,

indecent shows, information technology, or by whatever means, 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.
"(k) Council shall mean the Inter-Agency Council Against Trafficking created under Section 20
of this Act."
"SEC. 4. Acts of Trafficking in Persons. It shall be unlawful for any person, natural or juridical,
to commit any of the following acts:
"(a) To recruit, obtain, hire, provide, offer, 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, 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 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;
"(h) To recruit, hire, adopt, transport, transfer, obtain, harbor, 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, harbor, maintain, offer, 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, 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; and
"(k) To recruit, transport, harbor, 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 baring
and/or selling a child for any consideration or for barter for 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;
"(3) The use, procuring or offering of a child for the production and trafficking of drugs; and
"(4) The use, procuring or offering 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 offenses defined as acts of trafficking
under this Act."
SEC. 5. A new Section 4-A is hereby inserted in Republic Act No. 9208, to read as follows:
"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 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:
"(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 child's 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. 6. A new Section 4-B is hereby inserted in Republic Act No. 9208, to read as follows:
"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. 7. A new Section 4-C is hereby inserted in Republic Act No. 9208, to read as follows:
"SEC. 4-C. Accessories. Whoever has the knowledge of the commission of the crime, and
without having participated therein, either as principal or as accomplices, take part in its
commission in any of the following manners:
"(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 harboring, 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.
"Acts defined in this provision shall be punished in accordance with the provision of Section
10(d) as stated thereto."
"SEC. 5. Acts that Promote Trafficking in Persons. The following acts which promote or
facilitate trafficking in persons, shall be unlawful:
"(a) xxx
"(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
trafficking in persons;
"(c) xxx
"(d) xxx
"(e) xxx
"(f) xxx
"(g) xxx
"(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; or
"(j) To utilize his or her office to impede the investigation, prosecution or execution of lawful
orders in a case under this Act."
"SEC. 6. Qualified Trafficking in Persons. Violations of Section 4 of this Act shall be

considered as qualified trafficking:
"x x x
"(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;
"x x x
"(f) When the offender is a member of the military or law enforcement agencies;
"(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies,
becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (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."
"SEC. 7. Confidentiality. At any stage of the investigation, rescue, prosecution and trial of an
offense under this Act, law enforcement officers, prosecutors, judges, court personnel, social
workers and medical practitioners, as well as parties to the case, shall protect the right to
privacy of the trafficked person. Towards this end, law enforcement officers, prosecutors and
judges to whom the complaint has been referred may, whenever necessary to ensure a fair and
impartial proceeding, and after considering all circumstances for the best interest of the parties,
order a closed-door investigation, prosecution or trial. The name and personal circumstances of
the trafficked person or any other information tending to establish the identity of the trafficked
person and his or her family shall not be disclosed to the public.
"It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed
materials, announcer or producer in case of television and radio, producer and director of a film
in case of the movie industry, or any person utilizing tri-media facilities or electronic information
technology to cause publicity of the name, personal circumstances, or any information tending
to establish the identity of the trafficked person except when the trafficked person in a written
statement duly notarized knowingly, voluntarily and willingly waives said confidentiality.
"Law enforcement officers, prosecutors, judges, court personnel, social workers and medical
practitioners shall be trained on the importance of maintaining confidentiality as a means to
protect the right to privacy of victims and to encourage victims to file complaints."
"SEC. 8. Initiation and Prosecution of Cases.
"(a) Initiation of Investigation. Law enforcement agencies are mandated to immediately initiate
investigation and counter-trafficking-intelligence gathering upon receipt of statements or affidavit
from victims of trafficking, migrant workers, or their families who are in possession of knowledge
or information about trafficking in persons cases.
"(b) Prosecution of Cases. Any person who has personal knowledge of the commission of any
offense under this Act, such as the trafficked person, the parents, spouse, siblings, children or
legal guardian may file a complaint for trafficking.
"(c) Affidavit of Desistance. Cases involving trafficking in persons should not be dismissed
based on the affidavit 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 Affidavit of Desistance from the complainant shall be punishable under this Act."
"SEC. 10. Penalties and Sanctions. The following penalties and sanctions are hereby
established for the offenses enumerated in this Act:
"(a) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer
the penalty of imprisonment of twenty (20) years and a fine of not less than One million pesos
(P1,000,000.00) but not more than Two million pesos (P2,000,000.00);
"(b) Any person found guilty of committing any of the acts enumerated in Section 4-A of this Act
shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not less than Five
hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);
"(c) Any person found guilty of Section 4-B of this Act shall suffer the penalty of imprisonment of
fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but
not more than One million pesos (P1,000,000.00);
"In every case, conviction shall cause and carry the automatic revocation of the license or
registration of the recruitment agency involved in trafficking. The license of a recruitment agency
which trafficked a child shall be automatically revoked.
"(d) Any person found, guilty of committing any of the acts enumerated in Section 5 shall suffer
the penalty of imprisonment of fifteen (15) years and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);
"(e) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of 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);
"(f) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of six (6)
years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than
One million pesos (P1,000,000.00);
"(g) If the offender is a corporation, partnership, association, club, establishment or any juridical
person, the penalty shall be imposed upon the owner, president, partner, manager, and/or any
responsible officer who participated in the commission of the crime or who shall have knowingly
permitted or failed to prevent its commission;
"(h) The registration with the Securities and Exchange Commission (SEC) and license to
operate of the erring agency, corporation, association, religious group, tour or travel agent, club
or establishment, or any place of entertainment shall be cancelled and revoked permanently.
The owner, president, partner or manager thereof shall not be allowed to operate similar
establishments in a different name;
"(i) If the offender is a foreigner, he or she shall be immediately deported after serving his or her
sentence and be barred permanently from entering the country;
"(j) Any employee or official of government agencies who shall issue or approve the issuance of
travel exit clearances, passports, registration certificates, counseling certificates, marriage
license, and other similar documents to persons, whether juridical or natural, recruitment
agencies, establishments or other individuals or groups, who fail to observe the prescribed
procedures and the requirement as provided for by laws, rules and regulations, shall be held
administratively liable, without prejudice to criminal liability under this Act. The concerned
government official or employee shall, upon conviction, be dismissed from the service and be
barred permanently to hold public office. His or her retirement and other benefits shall likewise
be forfeited; and
"(k) Conviction, by final judgment of the adopter for any offense under this Act shall result in the
immediate rescission of the decree of adoption."
"SEC. 11. Use of Trafficked Persons. Any person who buys or engages the services of a
trafficked person for prostitution shall be penalized with the following: Provided, That the
Probation Law (Presidential Decree No. 968) shall not apply:
"(a) Prision Correccional in its maximum period to prision mayor or six (6) years to twelve (12)
years imprisonment and a fine of not less than Fifty thousand pesos (P50,000.00) but not more
than One hundred thousand pesos (P100,000.00): Provided, however, That the following acts
shall be exempted thereto:
"(1) If an offense under paragraph (a) involves sexual intercourse or lascivious conduct with a
child, the penalty shall be reclusion temporal in its medium period to reclusion perpetua or
seventeen (17) years to forty (40) years imprisonment 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);
"(2) If an offense under paragraph (a) involves carnal knowledge of, or sexual intercourse with,
a male or female trafficking victim and also involves the use of force or intimidation, to a victim
deprived of reason or to an unconscious victim, or a victim under twelve (12) years of age,
instead of the penalty prescribed in the subparagraph above the penalty shall be a fine of not
less than One million pesos (P1,000,000.00) but not more than Five million pesos
(P5,000,000.00) and imprisonment of reclusion perpetua or forty (40) years imprisonment with
no possibility of parole; except that if a person violating paragraph (a) of this section knows the
person that provided prostitution services is in fact a victim of trafficking, the offender shall not
be likewise penalized under this section but under Section 10 as a person violating Section 4;
and if in committing such an offense, the offender also knows a qualifying circumstance for
trafficking, the offender shall be penalized under Section 10 for qualified trafficking. If in violating
this section the offender also violates Section 4, the offender shall be penalized under Section
10 and, if applicable, for qualified trafficking instead of under this section;
"(b) Deportation. If a foreigner commits any offense described by paragraph (1) or (2) of this
section or violates any pertinent provision of this Act as an accomplice or accessory to, or by
attempting any such offense, he or she shall be immediately deported after serving his or her
sentence and be barred permanently from entering the country; and
"(c) Public Official. If the offender is a public official, he or she shall be dismissed from service
and shall suffer perpetual absolute disqualification to hold public, office, in addition to any
imprisonment or fine received pursuant to any other provision of this Act."
"SEC. 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 as
defined under Section 6, or against a child, shall prescribe in twenty (20) years.
"The prescriptive period shall commence to run from the day on which the trafficked person is
delivered or released from the conditions of bondage, or in the case of a child victim, from the
day the child reaches the age of majority, and shall be interrupted by the filing of the complaint
or information and shall commence to run again when the proceedings terminate without the
accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable
to the accused."
"SEC. 16. Programs that Address Trafficking in Persons. The government shall establish and
implement preventive, protective and rehabilitative programs for trafficked persons. For this
purpose, the following agencies are hereby mandated to implement the following programs:
"(a) Department of Foreign Affairs (DFA) shall make available its resources and facilities
overseas for trafficked persons regardless of their manner of entry to the receiving country, and
explore means to further enhance its assistance in eliminating trafficking activities through
closer networking with government agencies in the country and overseas, particularly in the
formulation of policies and implementation of relevant programs. It shall provide Filipino victims
of trafficking overseas with free legal assistance and counsel to pursue legal action against his
or her traffickers, represent his or her interests in any criminal investigation or prosecution, and
assist in the application for social benefits and/or regular immigration status as may be allowed
or provided for by the host country. The DFA shall repatriate trafficked Filipinos with the consent
of the victims.
"The DFA shall take necessary measures for the efficient implementation of the Electronic
Passporting System to protect the integrity of Philippine passports, visas and other travel
documents to reduce the incidence of trafficking through the use of fraudulent identification
documents.
"In coordination with the Department of Labor and Employment, it shall provide free temporary
shelters and other services to Filipino victims of trafficking overseas through the migrant
workers and other overseas Filipinos resource centers established overseas under Republic Act
No. 8042, as amended.
"(b) Department of Social Welfare and Development (DSWD) shall implement rehabilitative
and protective programs for trafficked persons. It shall provide counseling and temporary shelter
to trafficked persons and develop a system for accreditation among NGOs for purposes of
establishing centers and programs for intervention in various levels of the community. It shall
establish free temporary shelters, for the protection and housing of trafficked persons to provide
the following basic services to trafficked persons:
"(1) Temporary housing and food facilities;
"(2) Psychological support and counseling;
"(3) 24-hour call center for crisis calls and technology-based counseling and referral system;
"(4) Coordination with local law enforcement entities; and
"(5) Coordination with the Department of Justice, among others.
"The DSWD must conduct information campaigns in communities and schools teaching parents
and families that receiving consideration in exchange for adoption is punishable under the law.
Furthermore, information campaigns must be conducted with the police that they must not
induce poor women to give their children up for adoption in exchange for consideration.
"(c) Department of Labor and Employment (DOLE) shall ensure the strict implementation and
compliance with the rules and guidelines relative to the employment of persons locally and
overseas. It shall likewise monitor, document and report cases of trafficking in persons involving
employers and labor recruiters.
"(d) Department of Justice (DOJ) shall ensure the prosecution of persons accused of
trafficking and designate and train special prosecutors who shall handle and prosecute cases of
trafficking. It shall also establish a mechanism for free legal assistance for trafficked persons, in
coordination with the DSWD, Integrated Bar of the Philippines (IBP) and other NGOs and
volunteer groups.
"(e) Philippine Commission on Women (PCW) shall actively participate and coordinate in the
formulation and monitoring of policies addressing the issue of trafficking in persons in
coordination with relevant government agencies. It shall likewise advocate for the inclusion of
the issue of trafficking in persons in both its local and international advocacy for women's
issues.
"(f) Bureau of Immigration (BI) shall strictly administer and enforce immigration and alien
administration laws. It shall adopt measures for the apprehension of suspected traffickers both
at the place of arrival and departure and shall ensure compliance by the Filipino
fiancs/fiances and spouses of foreign nationals with the guidance and counseling requirement
as provided for in this Act.
"(g) Philippine National Police (PNP) and National Bureau of Investigation (NBI) shall be the
primary law enforcement agencies to undertake surveillance, investigation and arrest of
individuals or persons suspected to be engaged in trafficking. They shall closely coordinate with
each other and with other law enforcement agencies to secure concerted efforts for effective
investigation and apprehension of suspected traffickers. They shall also establish a system to
receive complaints and calls to assist trafficked persons and conduct rescue operations.
"(h) Philippine Overseas Employment Administration (POEA) and Overseas Workers and
Welfare Administration (OWWA) POEA shall implement Pre-Employment Orientation
Seminars (PEOS) while Pre-Departure Orientation Seminars (PDOS) shall be conducted by the
OWWA. It shall likewise formulate a system of providing free legal assistance to trafficked
persons, in coordination with the DFA.
"The POEA shall create a blacklist of recruitment agencies, illegal recruiters and persons facing
administrative, civil and criminal complaints for trafficking filed in the receiving country and/or in
the Philippines and those agencies, illegal recruiters and persons involved in cases of trafficking
who have been rescued by the DFA and DOLE in the receiving country or in the Philippines
even if no formal administrative, civil or criminal complaints have been filed: Provided, That the
rescued victims shall execute an affidavit attesting to the acts violative of the anti-trafficking law.
This blacklist shall be posted in conspicuous places in concerned government agencies and
shall be updated bi-monthly.
"The blacklist shall likewise be posted by the POEA in the shared government information
system, which is mandated to be established under Republic Act No. 8042, as amended.
"The POEA and OWWA shall accredit NGOs and other service providers to conduct PEOS and
PDOS, respectively. The PEOS and PDOS should include the discussion and distribution of the
blacklist.
"The license or registration of a recruitment agency that has been blacklisted may be
suspended by the POEA upon a review of the complaints filed against said agency.
"(i) Department of the Interior and Local Government (DILG) shall institute a systematic
information and prevention campaign in coordination with pertinent agencies of government as
provided for in this Act. It shall provide training programs to local government units, in
coordination with the Council, in ensuring wide understanding and application of this Act at the
local level.
"(j) Commission on Filipinos Overseas shall conduct pre-departure counseling services for
Filipinos in intermarriages. It shall develop a system for accreditation of NGOs that may be
mobilized for purposes of conducting pre-departure counseling services for Filipinos in
intermarriages. As such, it shall ensure that the counselors contemplated under this Act shall
have the minimum qualifications and training of guidance counselors as provided for by law.
"It shall likewise assist in the conduct of information campaigns against trafficking in
coordination with local government units, the Philippine Information Agency, and NGOs.
"(k) Local government units (LGUs) shall monitor and document cases of trafficking in persons
in their areas of jurisdiction, effect the cancellation of licenses of establishments which violate
the provisions of this Act and ensure effective prosecution of such cases. They shall also
undertake an information campaign against trafficking in persons through the establishment of
the Migrants Advisory and Information Network (MAIN) desks in municipalities or provinces in
coordination with the DILG, Philippine Information Agency (PIA), Commission on Filipinos
Overseas (CFO), NGOs and other concerned agencies. They shall encourage and support
community-based initiatives which address the trafficking in persons.
"In implementing this Act, the agencies concerned may seek and enlist the assistance of NGOs,
people's organizations (POs), civic organizations and other volunteer groups."
SEC. 16. A new Section 16-A is hereby inserted into Republic Act No. 9208, to read as follows:
"SEC. 16-A. Anti-Trafficking in Persons Database. An anti-trafficking in persons central

database shall be established by the Inter-Agency Council Against Trafficking created under
Section 20 of this Act. The Council shall submit a report to the President of the Philippines and
to Congress, on or before January 15 of every year, with respect to the preceding year's
programs and data on trafficking-related cases.
"All government agencies tasked under the law to undertake programs and render assistance to
address trafficking in persons shall develop their respective monitoring and data collection
systems, and databases, for purposes of ensuring efficient collection and storage of data on
cases of trafficking in persons handled by their respective offices. Such data shall be submitted
to the Council for integration in a central database system.
"For this purpose, the Council is hereby tasked to ensure the harmonization and standardization
of databases, including minimum data requirements, definitions, reporting formats, data
collection systems, and data verification systems. Such databases shall have, at the minimum,
the following information:
"(a) The number of cases of trafficking in persons, sorted according to status of cases, including
the number of cases being investigated, submitted for prosecution, dropped, and filed and/or
pending before the courts and the number of convictions and acquittals;
"(b) The profile/information on each case;
"(c) The number of victims of trafficking in persons referred to the agency by destination
countries/areas and by area of origin; and
"(d) Disaggregated data on trafficking victims and the accused/defendants."
"SEC. 17. Legal Protection to Trafficked Persons. Trafficked persons shall be recognized as
victims of the act or acts of trafficking and as such, shall not be penalized for unlawful acts
committed as a direct result of, or as an incident or in relation to, being trafficked based on the
acts of trafficking enumerated in this Act or in obedience to the order made by the trafficker in
relation thereto. In this regard, the consent of a trafficked person to the intended exploitation set
forth in this Act shall be irrelevant.
"Victims of trafficking for purposes of prostitution as defined under Section 4 of this Act are not
covered by Article 202 of the Revised Penal Code and as such, shall not be prosecuted, fined,
or otherwise penalized under the said law."
"SEC. 17-A. Temporary Custody of Trafficked Victims. The rescue of victims should be done
as much as possible with the assistance of the DSWD or an accredited NGO that services
trafficked victims. A law enforcement officer, on a reasonable suspicion that a person is a victim
of any offense defined under this Act including attempted trafficking, shall immediately place
that person in the temporary custody of the local social welfare and development office, or any
accredited or licensed shelter institution devoted to protecting trafficked persons after the
rescue."
SEC. 19. A new Section 17-B is hereby inserted into Republic Act No. 9208, to read as follows:
"SEC. 17-B. Irrelevance of Past Sexual Behavior, Opinion Thereof or Reputation of Victims and
of Consent of Victims in Cases of Deception, Coercion and Other Prohibited Means. The past
sexual behavior or the sexual predisposition of a trafficked person shall be considered
inadmissible in evidence for the purpose of proving consent of the victim to engage in sexual
behavior, or to prove the predisposition, sexual or otherwise, of a trafficked person.
Furthermore, the consent of a victim of trafficking to the intended exploitation shall be irrelevant
where any of the means set forth in Section 3(a) of this Act has been used."
SEC. 20. A new Section 17-C is hereby inserted into Republic Act No. 9208, to read as follows:
"SEC. 17-C. Immunity from Suit, Prohibited Acts and Injunctive Remedies. No action or suit
shall be brought, instituted or maintained in any court or tribunal or before any other authority
against any: (a) law enforcement officer; (b) social worker; or (c) person acting in compliance
with a lawful order from any of the above, for lawful acts done or statements made during an
authorized rescue operation, recovery or rehabilitation/intervention, or an investigation or
prosecution of an anti-trafficking case: Provided, That such acts shall have been made in good
faith.
"The prosecution of retaliatory suits against victims of trafficking shall be held in abeyance
pending final resolution and decision of criminal complaint for trafficking.
"It shall be prohibited for the DFA, the DOLE, and the POEA officials, law enforcement officers,
prosecutors and judges to urge complainants to abandon their criminal, civil and administrative
complaints for trafficking.
"The remedies of injunction and attachment of properties of the traffickers, illegal recruiters and
persons involved in trafficking may be issued motu proprio by judges."
"SEC. 20. Inter-Agency Council Against Trafficking. There is hereby established an Inter-
Agency Council Against Trafficking, to be composed of the Secretary of the Department of
Justice as Chairperson and the Secretary of the Department of Social Welfare and
Development as Co-Chairperson and shall have the following as members:
"(a) Secretary, Department of Foreign Affairs;
"(b) Secretary, Department of Labor and Employment;
"(c) Secretary, Department of the Interior and Local Government;
"(d) Administrator, Philippine Overseas Employment Administration;
"(e) Commissioner, Bureau of Immigration;
"(f) Chief, Philippine National Police;
"(g) Chairperson, Philippine Commission on Women;
"(h) Chairperson, Commission on Filipinos Overseas;
"(i) Executive Director, Philippine Center for Transnational Crimes; and
"(j) Three (3) representatives from NGOs, who shall include one (1) representative each from
among the sectors representing women, overseas Filipinos, and children, with a proven record
of involvement in the prevention and suppression of trafficking in persons. These
representatives shall be nominated by the government agency representatives of the Council,
for appointment by the President for a term of three (3) years.
"The members of the Council may designate their permanent representatives who shall have a
rank not lower than an assistant secretary or its equivalent to meetings, and shall receive
emoluments as may be determined by the Council in accordance with existing budget and
accounting rules and regulations."
"SEC. 22. Secretariat to the Council. The Department of Justice shall establish the necessary
Secretariat for the Council.
"The secretariat shall provide support for the functions and projects of the Council. The
secretariat shall be headed by an executive director, who shall be appointed by the Secretary of
the DOJ upon the recommendation of the Council. The executive director must have adequate
knowledge on, training and experience in the phenomenon of and issues involved in trafficking
in persons and in the field of law, law enforcement, social work, criminology, or psychology.
"The executive director shall be under the supervision of the Inter-Agency Council Against
Trafficking through its Chairperson and Co-Chairperson, and shall perform the following
functions:
"(a) Act as secretary of the Council and administrative officer of its secretariat;
"(b) Advise and assist the Chairperson in formulating and implementing the objectives, policies,
plans and programs of the Council, including those involving mobilization of government offices
represented in the Council as well as other relevant government offices, task forces, and
mechanisms;
"(c) Serve as principal assistant to the Chairperson in the overall supervision of council
administrative business;
"(d) Oversee all council operational activities;
"(e) Ensure an effective and efficient performance of council functions and prompt
implementation of council objectives, policies, plans and programs;
"(f) Propose effective allocations of resources for implementing council objectives, policies,
plans and programs;
"(g) Submit periodic reports to the Council on the progress of council objectives, policies, plans
and programs;
"(h) Prepare annual reports of all council activities; and
"(i) Perform other duties as the Council may assign."
"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.
"No prosecution may be commenced against a person under this section if a foreign
government, in accordance with jurisdiction recognized by the Philippines, has prosecuted or is
prosecuting such person for the conduct constituting such offense, except upon the approval of
the Secretary of Justice.
"The government may surrender or extradite persons accused of trafficking in the Philippines to
the appropriate international court if any, or to another State pursuant to the applicable
extradition laws and treaties."
SEC. 24. Section 28 of Republic Act No. 9208 is hereby amended, to read as follows:
"SEC. 28. Funding. The amount necessary to implement the provisions of this Act shall be
charged against the current year's appropriations of the Inter-Agency Council Against
Trafficking under the budget of the DOJ and the appropriations of the other concerned
departments. Thereafter, such sums as may be necessary for the continued implementation of
this Act shall be included in the annual General Appropriations Act."
"SEC. 28-A. Additional Funds for the Council. The amount collected from every penalty, fine
or asset derived from any violation of this Act shall be earmarked as additional funds for the use
of the Council. The fund may be augmented by grants, donations and endowment from various
sources, domestic or foreign, for purposes related to their functions, subject to the existing
accepted rules and regulations of the Commission on Audit."
SEC. 26. Section 32 of Republic Act No. 9208 of the Repealing Clause is hereby amended to
read as follows:
"SEC. 32. Repealing Clause. Article 202 of the Revised Penal Code, as amended, and all
laws, acts, presidential decrees, executive orders, administrative orders, rules and regulations
inconsistent with or contrary to the provisions of this Act are deemed amended, modified or
repealed accordingly: Provided, That this Act shall not in any way amend or repeal the
provisions of Republic Act No. 7610, otherwise known as the 'Special Protection of Child
Against Child Abuse, Exploitation and Discrimination Act.'"
"SEC. 33. Effectivity. This Act shall take effect fifteen (15) days following its complete
publication in at least two (2) newspapers of general circulation."
[REPUBLIC ACT NO. 10368]
AN ACT PROVIDING FOR REPARATION AND RECOGNITION OF VICTIMS OF HUMAN

RIGHTS VIOLATIONS DURING THE MARCOS REGIME, DOCUMENTATION OF SAID
VIOLATIONS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

assembled:
CHAPTER I
PRELIMINARY PROVISIONS
SECTION 1. Short Title. This Act shall be known as the Human Rights Victims Reparation
and Recognition Act of 2013.
SEC. 2. Declaration of Policy. Section 11 of Article II of the 1987 Constitution of the Republic
of the Philippines declares that the State values the dignity of every human, person and
guarantees full respect for human rights. Pursuant to this declared policy, Section 12 of Article
III of the Constitution prohibits the use of torture, force, violence, threat, intimidation, or any
other means which vitiate the free will and mandates the compensation and rehabilitation of
victims of torture or similar practices and their families.
By virtue of Section 2 of Article II of the Constitution adopting generally accepted principles of

international law as part of the law of the land, the Philippines adheres to international human
rights laws and conventions, the Universal Declaration of Human Rights, including the
International Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture
(CAT) and Other Cruel, Inhuman or Degrading Treatment or Punishment which imposes on
each State party the obligation to enact domestic legislation to give effect to the rights
recognized therein and to ensure that any person whose rights or freedoms have been violated
shall have an effective remedy, even if the violation is committed by persons acting in an official
capacity. In fact, the right to a remedy is itself guaranteed under existing human rights treaties
and/or customary international law, being peremptory in character (jus cogens) and as such has
been recognized as non-derogable.
Consistent with the foregoing, it is hereby declared the policy of the State to recognize the
heroism and sacrifices of all Filipinos who were victims of summary execution, torture, enforced
or involuntary disappearance and other gross human rights violations committed during the
regime of former President Ferdinand E. Marcos covering the period from September 21, 1972
to February 25, 1986 and restore the victims honor and dignity. The State hereby
acknowledges its moral and legal obligation to recognize and/or provide reparation to said
victims and/or their families for the deaths, injuries, sufferings, deprivations and damages they
suffered under the Marcos regime.
Similarly, it is the obligation of the State to acknowledge the sufferings and damages inflicted
upon persons whose properties or businesses were forcibly taken over, sequestered or used, or
those whose professions were damaged and/or impaired, or those whose freedom of movement
was restricted, and/or such other victims of the violations of the Bill of Rights.
SEC. 3. Definition of Terms. The following terms as used in this Act shall mean:
(a) Detention refers to the act of taking a person into custody against his will by persons acting
in an official capacity and/or agents of the State.
(b) Human rights violation refers to any act or omission committed during the period from
September 21, 1972 to February 25, 1986 by persons acting in an official capacity and/or
agents of the State, but shall not be limited to the following:
(1) Any search, arrest and/or detention without a valid search warrant or warrant of arrest issued
by a civilian court of law, including any warrantless arrest or detention carried out pursuant to
the declaration of Martial Law by former President Ferdinand E. Marcos as well as any arrest.,
detention or deprivation of liberty carried out during the covered period on the basis of an
Arrest, Search and Seizure Order (ASSO), a Presidential Commitment Order {PCO) or a
Preventive Detention Action (PDA) and such other similar executive issuances as defined by
decrees of former President Ferdinand E. Marcos, or in any manner that the arrest, detention or
deprivation, of liberty was effected;
(2) The infliction by a person acting in an official capacity and/or an agent of the State of
physical injury, torture, killing, or violation of other human rights, of any person exercising civil or
political rights, including but not limited to the freedom of speech, assembly or organization;
and/or the right to petition the government for redress of grievances, even if such violation took
place during or in the course of what the authorities at the time deemed an illegal assembly or
demonstration: Provided, That torture in any form or under any circumstance shall be
considered a human rights violation;
(3) Any enforced or involuntary disappearance caused upon a person who was arrested,
detained or abducted against ones will or otherwise deprived of ones liberty, as defined
in Republic Act No. 10350 {{1}}, otherwise known as the Anti-Enforced or Involuntary
Disappearance Act of 2012;
(4) Any force or intimidation causing the involuntary exile of a person from the Philippines;
(5) Any act of force, intimidation or deceit causing unjust or illegal takeover of a business,
confiscation of property, detention of owner/s and or their families, deprivation of livelihood of a
person by agents of the State, including those caused by Ferdinand E. Marcos, his spouse
Imelda R. Marcos, their immediate relatives by consanguinity or affinity, as well as those
persons considered as among their close relatives, associates, cronies and subordinates under
Executive Order No. 1, issued on February 28, 1986 by then President Corazon C. Aquino in
the exercise of her legislative powers under the Freedom Constitution;
(6) Any act or series of acts causing, committing and/or conducting the following:
(i) Kidnapping or otherwise exploiting children of persons suspected of committing acts against
the Marcos regime;
(ii) Committing sexual offenses against human rights victims who are detained and/or in the
course of conducting military and/or police operations; and
(iii) Other violations and/or abuses similar or analogous to the above, including those
recognized by international law.
(c) Human Rights Violations Victim (HRVV) refers to a person whose human rights were
violated by persons acting in an official capacity and/or agents of the State as defined herein. In
order to qualify for reparation under this Act, the human rights violation must have been
committed during the period from September 21, 1972 to February 25, 1986: Provided,
however, That victims of human rights violations that were committed one (1) month before
September 21, 1972 and one (1) month after February 25, 1986 shall be entitled to reparation,
under this Act if they can establish that the violation was committed:
(1) By agents of the State and/or persons acting in an official capacity as defined hereunder;
(2) For the purpose of preserving, maintaining, supporting or promoting the said regime; or
(3) To conceal abuses during the Marcos regime and/or the effects of Martial Law.
(d) Persons Acting in an Official Capacity and/or Agents of the State.The following persons
shall be deemed persons acting in an official capacity and/or agents of the State under this Act:
(1) Any member of the former Philippine Constabulary (PC), the former Integrated National
Police (INP), the Armed Forces of the Philippines (AFP) and the Civilian Home Defense Force
(CHDF) from September 21, 1972 to February 25, 1986 as well as any civilian agent attached
thereto; and any member of a paramilitary group even if one is not organically part of the PC,
the INP, the AFP or the CHDF so long as it is shown that the group was organized, funded,
supplied with equipment, facilities and/or resources, and/or indoctrinated, controlled and/or
supervised by any person acting in an official capacity and/or agent of the State as herein
defined;
(2) Any member of the civil service, including persons who held elective or appointive public
office at any time from September 21, 1972 to February 25, 1986;
(3) Persons referred to in Section 2(a) of Executive Order No. 1, creating the Presidential
Commission on Good Government (PCGG), issued on February 28, 1986 and related laws by
then President Corazon C. Aquino in the exercise of her legislative powers under the Freedom
Constitution, including former President Ferdinand E. Marcos, spouse Imelda R. Marcos, their
immediate relatives by consanguinity or affinity, as well as their close relatives, associates,
cronies and subordinates; and
(4) Any person or group/s of persons acting with the authorization, support or acquiescence of
the State during the Marcos regime.
(e) Torture refers to any act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on any person under the custody of persons acting in an official capacity
and/or agents of the State, as defined by law, jurisprudence, international conventions and
Republic Act No. 9745, otherwise known as the Anti-Torture Act of 2009.
SEC 4. Entitlement to Monetary Reparation. Any HRVV qualified under this Act shall receive
reparation from the State, free of tax, as herein prescribed: Provided, That for a deceased or
involuntary disappeared HRVV, the legal heirs as provided for in the Civil Code of the
Philippines, or such other person named by the executor or administrator of the deceased or
involuntary disappeared HRVVs estate in that order, shall be entitled to receive such
reparation: Provided, further, That no special power of attorney shall be recognized in the actual
disbursement of the award, and only the victim or the aforestated successor(s)-in-interest shall
be entitled to personally receive said reparation form the Board, unless the victim involved is
shown to be incapacitated to the satisfaction of the Board: Provided, furthermore, That the
reparation received under this Act shall be without prejudice to the receipt of any other sum by
the HRVV from any other person or entity in any case involving violations of human rights as
defined in this Act.
SEC. 5. Nonmonetary Reparation. The Department of Health (DOH), the Department of

Social Welfare and Development (DSWD), the Department of Education (DepED), the
Commission on Higher Education (CHED), the Technical Education and Skills Development
Authority (TESDA), and such other government agencies shall render the necessary services as
nonmonetary reparation for HRVVs and/or their families, as may be determined by the Board
pursuant to the provisions of this Act. The amount necessary for this purpose shall be sourced
from the budget of the agency concerned in the annual General Appropriations Act (GAA).
SEC. 6. Amount of Reparation. The amount of reparation under this Act shall be in proportion
to the gravity of the human rights violation committed on the HRVV and in accordance with the
number of points assigned to the individual under Section 19 hereof.
SEC. 7. Source of Reparation. The amount of Ten billion pesos (P10,000,000,000.00) plus
accrued interest which form part of the funds transferred to the government of the Republic of
the Philippines by virtue of the December 10, 1997 Order of the Swiss Federal Supreme Court,
adjudged by the Supreme Court of the Philippines as final and executory in Republic vs.
Sandiganbayan on July 15, 2003 (G.R. No. 152154) as Marcos ill-gotten wealth and forfeited in
favor of the Republic of the Philippines, shall be the principal source funds for the
implementation of this Act.
CHAPTER II
THE HUMAN RIGHTS VICTIMS CLAIMS BOARD
SEC. 8. Creation and Composition of the Human Rights Victims Claims Board. There is
hereby created an independent and quasi-judicial body to be known as the Human Rights
Victims Claims Board, hereinafter referred to as the Board. It shall be composed of nine (9)
members, who shall possess the following qualifications:
(a) Must be of known probity, competence and integrity;
(b) Must have a deep and thorough understanding and knowledge of human rights and
involvement in efforts against human rights violations committed during the regime of former
President Ferdinand E. Marcos;
(c) At least three (3) of them must be members of the Philippine Bar who have been engaged in
the practice of law for at least ten (10) years; and
(d) Must have a clear and adequate understanding and commitment to human rights protection,
promotion and advocacy.
The Human Rights Victims Claims Board shall be attached to but shall not be under the
Commission on Human Rights (CHR).
The Board shall organize itself within thirty (30) days from the completion of appointment of all
nine (9) members and shall thereafter organize its Secretariat.
SEC. 9. Appointment to the Board. The President shall appoint the Chairperson and the
other eight (8) members of the Board: Provided, That human rights organizations such as, but
not limited to, the Task Force Detainees of the Philippines (TFDP), the Free Legal Assistance
Group (FLAG), the Movement of Attorneys for Brotherhood, Integrity and Nationalism (MABINI),
the Families of Victims of Involuntary Disappearance (FIND) and the Samahan ng mga Ex-
Detainees Laban sa Detensyon at Aresto (SELDA) may submit nominations to the President.
SEC. 10. Powers and Functions of the Board. The Board shall have the following powers and
functions:
(a) Receive, evaluate, process and investigate applications for claims under this Act;
(b) Issue subpoena/s ad testificandum and subpoena/s duces tecum;
(c) Conduct independent administrative proceedings and resolve disputes over claims;
(d) Approve with finality all eligible claims under this Act;
(e) Deputize appropriate government agencies to assist it in order to effectively perform its
functions;
(f) Promulgate such rules as may be necessary to carry out the purposes of this Act, including
rules of procedure in the conduct of its proceedings, with the Revised Rules of Court of the
Philippines having suppletory application;
(g) Exercise administrative control and supervision over its Secretariat;
(h) The Board, at its discretion, may consult the human rights organizations mentioned in
Section 9 herein; and
(i) Perform such other duties, functions and responsibilities as may be necessary to effectively
attain the objectives of this Act.
SEC. 11. Resolution, of Claims. The Board shall be composed of three (3) divisions which
shall function simultaneously and independently of each other in the resolution of claims for
reparation. Each division shall be composed of one (1) Chairperson, who shall be a member of
the Philippine Bar and two (2) members to be appointed by the Board en banc.
SEC. 12. Emoluments. The Chairperson and members of the Board shall have the rank,
salary, emoluments and allowances equivalent to s Presiding Justice and Associate Justice of
the Court of Appeals, respectively.
SEC. 13. Secretariat of the Board. The Board shall be assisted by a Secretariat which may
come from the existing personnel of the CHR, without prejudice to the hiring of additional
personnel as determined by the Board to accommodate the volume of required work. The
following shall be the functions of the Secretariat:
(a) Receive, evaluate, process and investigate applications for claims under this Act;
(b) Recommend to the Board the approval of applications for claims;
(c) Assist the Board in technical functions; and
(d) Perform other duties that may be assigned by the Board.
The Chairperson of the Board shall appoint a Board Secretary who shall head the Secretariat
for the duration of the existence of the Board. There shall be a Technical Staff Head assisted by
five (5) Legal Officers and three (3) Paralegal Officers; and an Administrative Staff Head
assisted by three (3) Administrative Support Staff.
When necessary, the Board may hire additional contractual employees or contract a service
provider to provide services of counselors, psychologists, social workers and public education
specialists, among others, to augment the services of the Secretariat: Provided, That the
maximum contract amount per year shall not exceed more than fifteen percent (15%) of the total
annual operating budget of the Board.
SEC. 14. Operating Budget of the Board. The operating budget of the Board shall be funded
from the Ten billion peso {P10,000,000,000.00) fund, with Ten million pesos (P10,000,000.00)
as its initial operating budget: Provided, That it shall not exceed Fifty million pesos
(P50,000,000.00) a year
SEC. 15. Proper Disposition of Funds. The Board shall ensure that funds appropriated or
those which may become available as reparation for HRVVs are properly disbursed in
accordance with the policies stated by Congress and relevant government rules, regulations
and accounting procedures.
CHAPTER III
CLAIMANTS, REPARATION AND RECOGNITION
SEC. 16. Claimants. Any person who is an HRVV may file a claim with the Board for
reparation and/or recognition in accordance with the provisions of this Act.
Sec. 17. Conclusive Presumption That One is an HRVV Under This Act. The claimants in the
class suit and direct action plaintiffs in the Human Rights Litigation Against the Estate of
Ferdinand E. Marcos (MDL No. 840, CA No. 88-0390) in the US Federal District Court of
Honolulu, Hawaii wherein a favorable judgment has been rendered, shall be extended the
conclusive presumption that they are HRVVs: Provided, That the HRVVs recognized by the
Bantayog Ng Mga Bayani Foundation shall also be accorded the same conclusive
presumption: Provided, further, That nothing herein shall be construed to deprive the Board of
its original jurisdiction and its inherent power to determine the extent of the human rights
violations and the corresponding reparation and/or recognition that may be granted.
SEC. 18. Motu Proprio Recognition. The Board may take judicial notice motu proprio of
individual persons who suffered human rights violations as defined herein and grant such
persons recognition as HRVVs and included in the Roll of Victims as provided for in Section 26
hereof.
SEC. 19. Determination of Award. (a) The Board shall follow the point system in the
determination of the award. The range shall be one (1) to ten (10) points, as follows:
(1) Victims who died or who disappeared and are still missing shall be given ten (10) points;
(2) Victims who were tortured and/or raped or sexually abused shall he given six (6) to nine (9)
points:
(3) Victims who were detained shall be given three (3) to five (5) points; and
(4) Victims whose rights were violated under Section 3, paragraph (b), nos. (4), (5) and (6)
under this Act shall be given one (1) to two (2) points.
The Board shall exercise its powers with due discretion in the determination of points for each
victim, which shall be based on the type of violation committed against the HRVV, frequently
and duration of the violation. In each category, HRVVs who had suffered more would receive
more points. In instances where a victim is classified in more than one category, one shall be
awarded the points in the higher category: Provided, That in cases where there are several
eligible claims filed for reparation by or on behalf of a particular HRVV, the Board shall award
only one (1) valid claim which corresponds to the category obtaining the highest number of
points for each eligible claimant.
(b) The Board shall proceed to determine the award for each claimant classified under Sections
16, 17 and 18 of this Act.
(c) The Board shall then compute the final monetary value of ones award that is equivalent to
the numerical value of one point multiplied by the number of points that a claimant is entitled to,
as previously determined by the Board.
(d) Within thirty (30) days after the Board has approved with finality each eligible claim pending
before it and after due publication of such legitimate claim, the award of monetary compensation
shall take effect: Provided., That any pending appeal filed by an aggrieved claimant or opposite
before the Board en banc must resolved by it sixty (60) days before the Board becomes functus
officio.
CHAPTER IV
GENERAL- PROVISIONS
SEC. 20. Transfer of Funds. Pursuant to the judgment mentioned in Section 7 hereof, the
amount of Ten billion pesos (P10,000,000,000.00) plus the accrued interest are hereby set
aside and appropriated to fund the purposes of this Act.
SEC. 21. Documentation of Human Rights Violations Committed by the Marcos Regime.
In the implementation of this Act and without prejudice to any other documentary or other
evidence that may be required for the award of any reparation, any HRVV seeking reparation
shall execute a detailed sworn statement narrating the circumstances of the pertinent human
rights violation/s committed.
SEC. 22. Publication. Consistent with Section 23 herein, the Board, after having been duly
convened, shall set the period for the commencement and termination of applications by HRVVs
and cause the publication of the same: Provided, That such period shall only become operative
fifteen (15) days after its last publication, which shall be once a week for three (3) consecutive
weeks in at least two (2) national newspapers of general circulation.
SEC. 23. Period for Filing of Claims; Waiver. An HRVV shall file an application for reparation
with the Board within six (6) months from the effectivity of the implementing rules and
regulations (IRR) of this Act: Provided, That failure to file an application within said period is
deemed a waiver of the right to file the same: Provided, further, That for HRVVs who are
deceased, incapacitated, or missing due to enforced disappearance, their legal heir/s or
representatives, shall be entitled to file an application for reparation on their behalf.
Any opposition to the new application/s pursuant to Section 16 hereof shall only be entertained
if such is filed within fifteen (15) days from the date of the last publication of the official list of
eligible claimants as may be determined by the Board. The Board shall cause the publication of
the official list of eligible claimants once a week for three (3) consecutive weeks in at least two
(2) national newspapers of general circulation.
SEC. 24 Appeal. Any aggrieved claimant or oppositor may file an appeal within ten (10)
calendar days from the receipt of the Resolution of the Division, to the Board en banc, whose
decision shall then become final and executory.
SEC 25. Penalties; Applicability of the Revised Penal Code. Any claimant who is found by
the Board, after due hearing, to have filed a fraudulent claim, shall be referred to the appropriate
office for prosecution. If convicted, he shall suffer the imprisonment of eight (8) to ten (10) years,
shall be disqualified from public office and employment and shall be deprived of the right to vote
and be voted for in any national or local election, even after the service of sentence unless
granted absolute pardon.
Any member of the Board and its Secretariat, public officer, employee of an agency or any
private individual mandated to implement this Act, who shall misuse, embezzle or
misappropriate the funds for the reparation of HRVVs or who shall commit fraud in the
processing of documents and claims of HRVVs, or shall conspire with any individual to commit
the same, shall also be prosecuted,
Any member of the Board and its Secretariat, public officer, employee of an agency or any
private individual mandated to implement this Act, who may have been found guilty of
committing any or all of the prohibited acts stated in the preceding paragraph, or those acts
punishable under the Revised Penal Code, shall be penalized under the pertinent provisions in
the Code and relevant special penal laws.
SEC. 26. Roll of Victims. Persons who are HRVVs, regardless of whether they opt to seek
reparation or not, shall be given recognition by enshrining their names in a Roll of Human Rights
Victims to be prepared by the Board.
A Memorial/Museum/Library shall be established in honor and in memory of the victims of
human rights violations whose names shall be inscribed in the Roll. A compendium of their
sacrifices shall be prepared and may be readily viewed and accessed in the internet. The
Memorial/Museum/Library/Compendium shall have an appropriation of at least Five hundred
million pesos (P500,000,000.00) from the accrued interest of the Ten billion peso
(P10,000,000,000.00) fund.
The Roll may also be displayed in government agencies as maybe designated by the HRVV
Memorial Commission as created hereunder.
SEC. 27. Human, Rights Violations Victims Memorial Commission.. There is hereby created
a Commission to be known as the Human Rights Violations Victims Memorial Commission,
hereinafter referred to as the Commission, primarily for the establishment, restoration,
preservation and conservation of the Memorial/Museum/Library/Compendium in honor of the
HRVVs during the Marcos regime.
The powers and functions of the Commission shall be assumed by the Board of Trustees which
shall be composed of the following; Chairperson of the CHR as Chairperson; Chairperson of the
National Historical Commission as Co-Chairperson; and Chairpersons of the CHED, the
National Commission on Culture and the Arts (NCCA), the Secretary of the Department of
Education and the Head of the University of the Philippines Diliman Main Library, as members.
The Board of Trustees shall have the authority to hire and appoint its officials and employees,
receive donations and grants for and on its behalf, and generate revenues for the benefit of the
Commission.
The Commission shall be attached to the CHR solely for budgetary and administrative
purposes. The operating budget of the Commission shall be appropriated from the General
Appropriations Act.
The Commission shall also coordinate and collaborate with the DepED and the CHED to ensure
that the teaching of Martial Law atrocities, the lives and sacrifices of HRVVs in our history are
included in the basic, secondary and tertiary education curricula.
CHAPTER V
FINAL PROVISIONS
SEC 28. Guidelines for the Implementing Rules and Regulations (1RR). In implementing this
Act and in formulating the corresponding rules and regulations, and to ensure that all
applications are properly screened for fraudulent claims, the Board must provide for:
(a) Transparency in the processing of the claims;

(b) A procedure that allows any concerned party to oppose an application or claim on the
ground that it is fraudulent, fictitious or spurious and gives that party the opportunity to question
the same and to present evidence in support thereof; and
(c) A procedure that is speedy and expeditious without sacrificing any of the parties
fundamental rights.
Within fifteen (15) days from the date of its organization, the Board shall promulgate the
necessary IRR and procedures for the effective implementation of this Act. The IRR shall be
effective fifteen (15) days after its publication in two (2) national newspapers of general
circulation.
SEC. 29. Work Period; Sunset Clause. The Board shall complete its work within two (2)
years from the effectivity of the IRR promulgated by it. After such period, it shall become functus
officio.
SEC. 30. Separability Clause. If, for any reason, any section or provision of this Act is
declared unconstitutional or invalid, such other sections or provisions not affected thereby shall
remain in full force and effect.
SEC. 31. Repealing Clause. All laws, decrees, executive orders, rules and regulations or
parts thereof inconsistent with any of the provisions of this Act, including Section 63(b)
of Republic Act No. 6657, as amended, otherwise known as the Comprehensive Agrarian
Reform Law of 1988 and Section 40(a) of Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, are hereby repealed, amended or modified accordingly.
SEC. 32. Effectivity Clause. This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) national newspapers of general
circulation.

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Republic of the Philippines

Congress of the Philippines

REPUBLIC ACT N0. 9745

AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

Section 2. Statement of Policy. - It is hereby declared the policy of the State:

(a) Physical torture is a form of treatment or punishment inflicted by a person in authority

(1) Systematic beating, headbanging, punching, kicking, striking with truncheon

(3) Electric shock;

(9) Dental torture or the forced extraction of the teeth;

(10) Pulling out of fingernails;

(i) The administration or drugs to induce confession and/or reduce mental

(14) Other analogous acts of physical torture; and

(b) "Mental/Psychological Torture" refers to acts committed by a person in authority or

(2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or

(3) Confinement in solitary cells or secret detention places;

(7) Maltreating a member/s of a person's family;

(9) Denial of sleep/rest;

(11) Deliberately prohibiting the victim to communicate with any member of

(12) Other analogous acts of mental/psychological torture.

Section 7. Prohibited Detention. - Secret detention places, solitary confinement,

Section 8. Applicability of the Exclusionary Rule; Exception. - Any confession, admission or

Following applicable protocol agreed upon by agencies tasked to conduct physical,

(a) The name, age and address of the patient or victim;

(h) The diagnosis, the prognosis and/or disposition of the patient.

(1) Torture resulting in the death of any person;

(2) Torture resulting in mutilation;

(3) Torture with rape;

(5) Torture committed against children.

Section 17. Applicability of Refouler. - No person shall be expelled, returned or extradited to

Republic of the Philippines

[REPUBLIC ACT NO. 10364]

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

"SEC. 3. Definition of Terms. As used in this Act:

"(h) Sexual Exploitation refers to participation by a person in prostitution, pornography or the

"(j) Pornography refers to any representation, through publication, exhibition, cinematography,

"(e) To maintain or hire a person to engage in prostitution or pornography;

"SEC. 6. Qualified Trafficking in Persons. Violations of Section 4 of this Act shall be

"SEC. 8. Initiation and Prosecution of Cases.

"(1) Temporary housing and food facilities;

"(2) Psychological support and counseling;

"(4) Coordination with local law enforcement entities; and

"(5) Coordination with the Department of Justice, among others.

"SEC. 16-A. Anti-Trafficking in Persons Database. An anti-trafficking in persons central

"(b) The profile/information on each case;

"(d) Disaggregated data on trafficking victims and the accused/defendants."

"(a) Secretary, Department of Foreign Affairs;

"(b) Secretary, Department of Labor and Employment;

"(c) Secretary, Department of the Interior and Local Government;

"(d) Administrator, Philippine Overseas Employment Administration;

"(e) Commissioner, Bureau of Immigration;

"(f) Chief, Philippine National Police;

"(g) Chairperson, Philippine Commission on Women;

"(h) Chairperson, Commission on Filipinos Overseas;

"(i) Executive Director, Philippine Center for Transnational Crimes; and

"(d) Oversee all council operational activities;

"(h) Prepare annual reports of all council activities; and

"(i) Perform other duties as the Council may assign."

"(a) Is a Filipino citizen; or

"(c) Has committed the act against a citizen of the Philippines.

AN ACT PROVIDING FOR REPARATION AND RECOGNITION OF VICTIMS OF HUMAN

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

By virtue of Section 2 of Article II of the Constitution adopting generally accepted principles of