Victims Rights Claims

for Civil Damages and

Proprietary Rehabilitation
Under R.A. 9208, its Implementing Rules and Regulations and R.A. 10364

Trafficked Persons in the Prosecution of Criminal Cases

Violations of the penal provisions under R.A. 9208, as amended by R.A. 10364 are
considered as public crimes, the prosecution of which may be sought by the filing of a complaint
by anyone who has knowledge of the commission of the offense. Under Section 8 of the Act, a
complaint for trafficking may be filed by the trafficked person, his or her parents, spouse, siblings,
children or legal guardian and anyone else who has personal knowledge of the trafficking, even
though they may not have any relation to the victim.

Trafficked persons in such criminal cases are recognized by our laws and jurisprudence
as victims of the act or acts of trafficking. This extends legal protection over them and as such,
they shall not be penalized for crimes directly related to the acts of trafficking enumerated in the
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.
This is echoed in the ruling of the Supreme Court in People of the Philippines vs. Shirley A. Casio
(G.R. No. 211465, December 3, 2014):

Human trafficking indicts the society that tolerates the kind of poverty and its
accompanying desperation that compels our women to endure indignities. It reflects
the weaknesses of that society even as it convicts those who deviantly thrive in such
hopelessness. We should continue to strive for the best of our world, where our
choices of human intimacies are real choices, and not the last resort taken just to
survive. Human intimacies enhance our best and closest relationships. It serves as
a foundation for two human beings to face lifes joys and challenges while continually
growing together with many shared experiences. The quality of our human
relationships defines the world that we create also for others.

Regardless of the willingness of AAA and BBB, therefore, to be trafficked, we affirm

the text and spirit of our laws. Minors should spend their adolescence moulding their
character in environments free of the vilest motives and the worse of other human
beings. The evidence and the law compel us to affirm the conviction of accused in
this case.

In addition, R.A. 10364 (amendatory law to RA 9208) expressly states that the consent of
a victim of trafficking to the intended exploitation to be irrelevant where 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.

The amendatory law further provides that the past sexual behavior or the sexual
predisposition of a trafficked person is considered as irrelevant and 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, victims of trafficking for purposes of prostitution 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.

Prior to filing any case, trafficked persons are entitled to mandatory free legal services
which shall include information about the victims' rights and the procedure for filing complaints,
claiming compensation and such other legal remedies available to them, in a language
understood by the trafficked person. Moreover, victims of trafficking are given preferential
treatment under R.A. 6981 which provides for a witness protection program, notwithstanding any
provisions to the contrary.

Rights to the same protection, assistance and services under R.A. 9208 and R.A. 6981
are also accorded to trafficked persons who are nationals of a foreign country, provided that the
are permitted continued presence in the Philippines for a period of 59 days as prescribed by the
IACAT to enable them to effect the prosecution of offenders. Under the IRR, this period may be
renewed upon showing of proof by the trial prosecution of the case. A request for extension to the
Council by the trial prosecutor, when granted shall cause the registration and immigration fees of
such foreign nationals to be waived.

Initiation and Prosecution of Trafficking Cases

Even prior to the actual filing of criminal cases, law enforcement agencies are mandated
under RA 10364 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.

In the prosecution of trafficking cases before the courts, RA 9208 also lays down rules on
venue. As a general rule in criminal cases, the venue of the commission of the offense is
considered as an essential element for the court to acquire jurisdiction over a criminal case. As
explained by case rule in Foz, Jr. v. People:

It is a fundamental rule that for jurisdiction to be acquired by courts in criminal

cases the offense should have been committed or any one of its essential
ingredients took place within the territorial jurisdiction of the court. Territorial
jurisdiction in criminal cases is the territory where the court has jurisdiction to take
cognizance or to try the offense allegedly committed therein by the accused.
Thus, it cannot take jurisdiction over a person charged with an offense allegedly
committed outside of that limited territory. Furthermore, the jurisdiction of a court
over the criminal case is determined by the allegations in the complaint or
information. And once it is so shown, the court may validly take cognizance of the
case. However, if the evidence adduced during the trial show that the offense was
committed somewhere else, the court should dismiss the action for want of
jurisdiction.

The same rule applies in filing criminal cases for violations of R.A. 9208. However, the law
also specially allows the trafficked person to filing the case at a court which has territorial
jurisdiction over the place where he or she actually resided at the time of the commission of the
offense, provided that the court where the criminal action is first filed shall acquire jurisdiction to
the exclusion of other courts.
 Trafficking in persons has also been recognized as a continuing crime which is defined as
a single crime, consisting of a series of acts but all arising from one criminal resolution. These
series of acts may be committed in different places but are consummated in one place only. As
such, the courts of the territories where the acts took place have concurrent jurisdiction. But the
court which first acquires jurisdiction excludes the other courts.

Since the trafficking offenses are considered as continuing in nature, the Philippines still
exercises jurisdiction over any act of trafficking, even if committed outside the country, regardless
of whether the act constitutes an offense at the place of commission, provided that the offense
was commenced in the Philippines and other elements having been committed in another country,
provided further that the suspect or accused is:

(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.

However, 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.

Additionally, the government is authorized to 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.

Prior to the filing of the case at the investigation level or during the actual prosecution and
trial the trafficking case, the law provides that the confidentiality of all the parties involved in the
case must be kept confidential. Law enforcement officers, prosecutors, judges, court personnel
and medical practitioners, as well as parties to the case, are duty-bound to recognize the right to
privacy of the trafficked person and the accused. Moreover, it is provided under RA 10364 that
these pertinent individuals must undergo training on the importance of maintaining confidentiality
as a means to protect the right to privacy of victims and to encourage victims to file complaints.

The Act further gives discretionary power to law enforcement officers, prosecutors and
judges to whom the complaint has been referred to order a closed-door investigation, prosecution
or trial, whenever necessary to ensure a fair and impartial proceeding, and after considering all
circumstances for the best interest of the parties. Furthermore, the name and personal
circumstances of the trafficked person or of the accused, or any other information tending to
establish their identities and such circumstances or information shall not be disclosed to the
public. When closed-door proceedings are conducted, the R.A. 9208 also penalizes the publicity
of the case of TIPs by any editor, publisher, and reporter or print columnist, radio announcer,
television, film or radio producer, or any person utilizing tri-media facilities or information
technology.

The filing of trafficking cases prescribes in ten (10) years. However, when the trafficking
is committed by a syndicate or in a large scale the filing of such case prescribes in twenty (20)
years.
 Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or
more persons conspiring or confederating with one another. It is deemed committed in large scale
if committed against three (3) or more persons, individually or as a group.

The aforesaid prescriptive period commences to run from the day on which the trafficked
person is delivered or released from the conditions of bondage and is interrupted by the filing of
the complaint or information. The period commences to run again when such proceedings
terminate without the accused being convicted or acquitted or are unjustifiably stopped for any
reason not imputable to the accused.

When already cases involving trafficking in persons are already filed, RA 10364 states
that these cannot be dismissed based on the affidavit of desistance executed by the victims or
their parents or legal guardians. Any act involving such means provided in the law (which vitiates
consent) or any attempt thereof for the purpose of securing an Affidavit of Desistance from the
complainant is also penalized under the Act.

In relation to this, the law also prohibits DFA, DOLE, and POEA officials, law enforcement
officers, prosecutors and judges from urging complainants to abandon their criminal, civil and
administrative complaints for trafficking.

Public and private prosecutors are directed under the law to oppose and manifest
objections to motions for dismissal. They are also further required under DOJ Circular 57 (2010)
to prioritize the resolution of trafficking cases and oppose motions for delay.

Shutting down dilatory motions and affidavits of desistance serve to achieve the objective
of the speedy and effective disposition of these cases, considering the nature and graveness of
trafficking in persons. Moreover, OCA Circular 151-2010 directs judges to hear trafficking cases
continuously and terminate cases within 180 days.

Additional prohibitions include the abeyance or suspension of retaliatory suits against

victims of trafficking pending final resolution and decision of criminal complaint for trafficking.

Recovery of Civil Damages

Pursuant to the Revised Rules on Criminal Procedure, when a criminal action is instituted,
the civil action arising from the offense charged shall be deemed instituted with the criminal action
unless the offended party (1) waives the civil action, (2) reserves the right to institute it separately
or (3) institutes the civil action prior to the criminal action. When the trafficked person does institute
a separate civil action for the recovery of civil damages, he/she shall be exempt from the payment
of filing fees.

Where the case is finally disposed resulting conviction, all proceeds and instruments,
including any real or personal property used in the commission of the offense, shall be ordered
confiscated and forfeited in favor of the State unless the owner thereof can prove the lack of
knowledge of the use of such property in the said illegal activity. This is in addition to the penalty
imposed for the violation of RA 9028.

Any award for damages arising from the commission of the offense may be satisfied and
charged against the personal and separate properties of the offender and if the same is insufficient
to satisfy the claim, the balance shall be taken from the forfeited properties as may be ordered by
the court.

During the pendency of the criminal action, no property or income used or derived there
from which are subject to confiscation and forfeiture, shall be disposed, alienated or transferred
and the same shall be in custodia legis and no bond shall be admitted for the release of the same.

The trial prosecutor shall avail of the provisional remedies in criminal cases to ensure the
confiscation, preservation and forfeiture of the said properties. (d) If the offender is a public officer
or employee, the forfeiture of his/her property found to be unlawfully acquired shall be governed
by Republic Act No. 1379 otherwise known as An Act Declaring Forfeiture in Favor of the State
Any Property Found to Have Been Unlawfully Acquired by Any Public Officer or Employee and
Providing for the Proceedings Therefor.

When the proceeds, properties and instruments of the offense have been destroyed,
diminished in value or otherwise rendered worthless by any act or omission, directly or indirectly,
of the offender, or it has been concealed, removed, converted or transferred to prevent the same
from being found or to avoid forfeiture or confiscation, the offender shall be ordered to pay the
amount equal to the value of the proceeds, property or instruments of the offense.

Damages

The amount of damages to be paid by offenders in the crime of Trafficking in Persons has
been increased and modified by Supreme Court declared in People vs. Purih et al (G.R. No.
195419, October 12, 2011) from 50,000 to 500,000 as moral damages and 50,000 to
100,000 as exemplary damages. The Court, in announcing this modification, explained:

The criminal case of Trafficking in Persons as a Prostitute is an analogous case

to the crimes of seduction, abduction, rape, or other lascivious acts. In fact, it is
worse. To be trafficked as a prostitute without ones consent and to be sexually
violated four to five times a day by different strangers is horrendous and atrocious.

Moral damages, as described in the Civil Code, include physical suffering, mental anguish,
fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation,
and similar injury. Though incapable of pecuniary computation, moral damages may be recovered
if they are the proximate result of the defendants wrongful act for omission.

Exemplary damages, on the other hand, are awarded in addition to the payment of moral
damages, by way of example or correction for the public good.

Compensation Claims by Trafficked Victims

The IRR of RA 9208 provides that the DOJ bears the responsibility of receiving, evaluating,
processing and investigating claims for compensation by trafficked victims, when applicable,
pursuant to Republic Act No. 7309 (Victims Compensation Act);

RA 7309 in essence, creates a Board of Claims under the DOJ for victims of unjust
imprisonment or detention and victims of violent crimes and for other purposes (Board of Claims
under Victim Compensation Program of DOJ, not to be confused with the Human Rights Victims
Claims Board which is an independent and quasi-judicial body organized by RA 10368). This law
allows the filing of claims by, among others, any person who is a victim of violent crimes. Violent
crimes include rape and shall likewise refer to offenses committed with malice which resulted in
death or serious physical and/or psychological injuries, permanent incapacity or disability,
insanity, abortion, serious trauma, or committed with torture, cruelly or barbarity.

This law also sets an award ceiling for the compensation to be paid by the Board. For
victims of violent crimes, the maximum amount for which the Board may approve a claim shall
not exceed Ten thousand pesos (P10,000.00) OR the amount necessary to reimburse the
claimant the expenses incurred for hospitalization, medical treatment, loss of wage, loss of
support or other expenses directly related to injury, whichever is lower. This is without prejudice
to the right of the claimant to seek other remedies under existing laws.

Claims may be filed by the victim only within six (6) months from the date the victim
suffered damage or injury, otherwise, he or she is deemed to have waived the same. Except as
provided for in this Act, no waiver of claim whatsoever is valid. Also, in case of death or incapacity
of any person entitled to any award under this Act, the claim may be filed by his heirs, in the
following order: by his surviving spouse, children, natural parents, brother and/or sister.

Sources of Funding for the Board

1. Initial amount of Ten million pesos (P10,000,000.00) appropriated from the funds of
the National Treasury not otherwise appropriated.
2. Subsequent annual funding shall also partly come from one percent (1%) of the net
income of the Philippine Amusement and Gaming Corporation and one percent (1%)
of the proceeds and sales and other disposition and military camps in Metro Manila by
the Base Conversion and Development Authority.
3. The proceeds from any contract relating to the depiction of a crime in a movie, book,
newspaper, magazine, radio or television production, or live entertainment, of any
kind, or in any other form of commercial exploitation of any convict's story, recollection,
opinion and emotions with regard to the offense committed shall not be released to
convict in a criminal case or his heirs, agents, assignees or successors in interest until
full compensation for damages suffered by a awarded to, the victim, his heirs or
successors in interest is paid or arranged for, and the state is able to collect/assess
fines and costs and any other amounts due it in case of a conviction by final judgment.
Such damages shall include, but shall not be limited to, judicial awards, funeral
expenses, medical expenses, lost earning and the like.
4. To ensure the continuity of the funding requirements under this Act, the amount of Five
pesos (P5.00) shall be set aside from each filing fee in every civil case filed with the
court, the total proceeds of which shall constitute the Victim Compensation Fund to be
administered by the Department of Justice.

Trust Fund and Provisions for Proprietary Rehabilitation

All fines imposed under this RA 9208 and the proceeds and properties forfeited and
confiscated accrue to a Trust Fund to be administered and managed by the IACAT to be used
exclusively for programs that will prevent acts of trafficking and protect, rehabilitate, reintegrate
trafficked persons into the mainstream of society. Such programs shall include, but not limited to,
the following:

(a) Provision for mandatory services:

 1. Emergency shelter or appropriate housing;
2. Counseling;
3. Free Legal services;
4. Medical or Psychological services;
5. Livelihood and skills training; and
6. Educational Assistance to a trafficked child

(b) Sponsorship of a national research program on trafficking and establishment of a

data collection system for monitoring and evaluation purposes;

(c) Provision of necessary technical and material support services to appropriate

government agencies and non-government organizations (NGOs);

(d) Sponsorship of conferences and seminars to provide venue for consensus building
amongst the public, the academe, government, NGOs and international organizations;
and

(e) Promotion of information and education campaign on trafficking.

The use and disbursement of the trust fund is subject to the approval of at least two-
thirds (2/3) of the members of the Council and is governed by existing government accounting
and auditing rules and regulations.

Section 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;

(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.

(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.

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.

Section 21. Functions of the Council. - The Council shall have the following powers and
functions:

(d) Coordinate the programs and projects of the various member agencies to effectively
address the issues and problems attendant to trafficking in persons;

(f) Direct other agencies to immediately respond to the problems brought to their
attention and report to the Council on action taken;
(h) Formulate a program for the reintegration of trafficked persons in cooperation with
DOLE, DSWD, Technical Education and Skills Development Authority (TESDA),
Commission on Higher Education (CHED), LGUs and NGOs;

(i) Secure from any department, bureau, office, agency, or instrumentality of the
government or from NGOs and other civic organizations such assistance as may be
needed to effectively implement this Act;

(k) Develop the mechanism to ensure the timely, coordinated, and effective response to
cases of trafficking in persons;