Are social media good for democracy?
By: Randy David - @inquirerdotnet
Philippine Daily Inquirer / 05:10 AM November 05, 2017
Where people have access to more and diverse sources of information, the better the
chances for democracy to flourish. By empowering individuals to share information
and opinion with a mass audience, using technologies of rapid and mass
dissemination previously available only to communicators in traditional media,
social media cannot but be good for democracy. But, in its latest lead article on
social media and democracy, the magazine The Economist questions this
conventional assumption, and offers the other side of the argument (―Social media‘s
threat to democracy,‖ 11/4/17).
This timely article takes off from the ongoing committee hearings in the US Senate
on the widespread involvement of Russian websites in the dissemination of massive
amounts of information that had the effect of polarizing American politics on the eve
of the 2016 presidential election. ―Russia‘s trouble-making is only the start. From
South Africa to Spain, politics is getting uglier. Part of the reason is that, by
spreading untruth and outrage, corroding voters‘ judgment and aggravating
partisanship, social media erode the conditions for the horse-trading that [Bernard]
Crick thought fosters liberty.‖
It is difficult to resist the temptation of seeing politics in our own country in the same
terms. One cannot but feel paranoid over the Economist‘s depiction of what happens
to a nation‘s politics when it falls under the spell of social media manipulators.
―Because people are sucked into a maelstrom of pettiness, scandal and outrage, they
lose sight of what matters for the society they share. This tends to discredit the
compromises and subtleties of liberal democracy, and to boost the politicians who
feed off conspiracy and nativism.‖
But, the role of social media in electoral politics is so new that one can easily fall
into an exaggerated view of its importance in shaping voter behavior. While daily
bombardment of targeted information by social media can indeed shape public
consciousness in a very specific way, it does not automatically determine how people
will collectively act. The information has to be processed as communication by every
individual, who may embrace it outright because it affirms his/her prejudices, or
reject it out of hand simply because it contradicts deeply held feelings. There is
simply no way of telling how an individual will act based on perceptions he/she is
assumed to have.
I think, however, that if there is one thing that the recent Philippine and American
presidential elections gave us a glimpse of, it was the extraordinary power to refine
political messages by repeatedly testing their appeal across social media platforms.
The Economist article describes this process thus: ―Anyone setting out to shape
opinion can produce dozens of ads, analyse them and see which is hardest to resist.‖
I didn‘t think there was any systematic way of doing this until I came across the term
―affective computing.‖ Wikipedia defines it as ―the study and development of
systems and devices that can recognize, interpret, process, and simulate human
affects.‖ In short, it is the science for detecting different emotions. It is a scary tool,
one that is expected to grasp the most unexamined part of our self during our most
unguarded moments. Indeed, the appeal to emotion rather than to reason is nothing
new in politics. What is new is the growing precision by which messages can target
and amplify one‘s deepest emotions and biases.
In this regard, I think the focus on fake news only serves to hide the real problem. It
is not the truth or falsity of information that is the issue as far as the mass media are
concerned. The issue is selectivity. Meaning, what information to share.
Information is interesting or uninteresting, relevant or irrelevant, important or
unimportant. Period. It is not a requirement for the mass media to rule out untruth
before reporting information. As shocking as this observation might be, it applies to
the news as well. Truth or falsity is not the primary criterion that governs the
operation of the mass media. In the modern world, that code has long been
appropriated by science. As the sociologist Niklas Luhmann puts it: ―Unlike in
science, information is not reflected in such a way that, before truth is asserted, it
must be established truthfully that untruth can be ruled out.‖
Indeed, all mass media routinely allow room for errors. That is why internet-based
news sites often carry ―corrected‖ versions of news items previously reported. Early
reports might carry misspelled names, inaccurate descriptions of events, or
misidentifications. These do not make them fake or untrue. Much breaking news is
of this nature — it is incomplete, speculative, and quite often misleading.
And yet, in view of the absence of an editorial authority that regularly ascertains the
factuality and fairness of every social media post, it is the new media that are
suspected of lending themselves to systematic attempts to manipulate public opinion.
The reason for this is that, unlike traditional media, social media have not yet
developed to a point where norms and standards of relevance have stabilized. One
only needs to take a look at the similarities in the evening news lineup of television
networks or the headlines of the national dailies in the country to get a feel of a
stable media system at work. This doesn‘t happen because the editors of the rival
networks and newspapers confer with one another.
It may take time before social media can evolve their own internal control
mechanisms. But, under pain of losing what remains of their function as a source of
reliable information, they will get there.
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"
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
Section 1. Short Title. – This Act shall be known as the "Expanded Anti-Trafficking
in Persons Act of 2012″.
Section 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."
Section 3. Section 3 of Republic Act No. 9208 is hereby amended to read as follows:
"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."
Section 4. Section 4 of Republic Act No. 9208 is hereby amended to read as follows:
"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."
Section 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."
Section 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."
Section 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 "(h) To tamper with, destroy, or cause the destruction of evidence,
manners: or to influence or attempt to influence witnesses, in an
investigation or prosecution of a case under this Act;
"(a) By profiting themselves or assisting the offender to profit by
the effects of the crime; "(i) To destroy, conceal, remove, confiscate or possess, or attempt
to destroy, conceal, remove, confiscate or possess, any actual or
"(b) By concealing or destroying the body of the crime or effects or purported passport or other travel, immigration or working permit
instruments thereof, in order to prevent its discovery; 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
"(c) By harboring, concealing or assisting in the escape of the
liberty to move or travel in order to maintain the labor or services
principal of the crime, provided the accessory acts with abuse of
of that person; or
his or her public functions or is known to be habitually guilty of
some other crime.
"(j) To utilize his or her office to impede the investigation,
prosecution or execution of lawful orders in a case under this Act."
"Acts defined in this provision shall be punished in accordance with the
provision of Section 10(d) as stated thereto."
Section 9. Section 6 of Republic Act No. 9208 is hereby amended to read as follows:
Section 8. Section 5 of Republic Act No. 9208 is hereby amended to read as follows:
"SEC. 6. Qualified Trafficking in Persons. – Violations of Section 4 of this
Act shall be considered as qualified trafficking:
"SEC. 5. Acts that Promote Trafficking in Persons. – The following acts
which promote or facilitate trafficking in persons, shall be unlawful:
"x x x
"(a) xxx
"(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
"(b) To produce, print and issue or distribute unissued, tampered or
fake counseling certificates, registration stickers, overseas offense is committed by a public officer or employee;
employment certificates or other certificates of any government
agency which issues these certificates, decals and such other "x x x
markers as proof of compliance with government regulatory and
pre-departure requirements for the purpose of promoting "(f) When the offender is a member of the military or law enforcement
trafficking in persons; agencies;

"(c) xxx "(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
"(d) xxx Human Immunodeficiency Virus (HIV) or the Acquired Immune
Deficiency Syndrome (AIDS);
"(e) xxx
"(h) When the offender commits one or more violations of Section 4 over a
"(f) xxx period of sixty (60) or more days, whether those days are continuous or not;
and
"(g) xxx
"(i) When the offender directs or through another manages the trafficking
victim in carrying out the exploitative purpose of trafficking."
Section 10. Section 7 of Republic Act No. 9208 is hereby amended to read as
follows:
"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."
Section 11. Section 8 of Republic Act No. 9208 is hereby amended to read as
follows:
"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."
Section 12. Section 10 of Republic Act No. 9208 is hereby amended to read as
follows:
"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."
Section 13. Section 11 of Republic Act No. 9208 is hereby amended to read as
follows:
"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 reclusionperpetua 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."
Section 14. Section 12 of Republic Act No. 9208 is hereby amended to read as
follows:
"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."
Section 15. Section 16 of Republic Act No. 9208 is hereby amended to read as
follows:
"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 fiancés/fiancées 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."
Section 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."
Section 17. Section 17 of Republic Act No. 9208 is hereby amended to read as
follows:
"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."
Section 18. A new Section 17-A is hereby inserted into Republic Act No. 9208, to
read as follows:
"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."
Section 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."
Section 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."
Section 21. Section 20 of Republic Act No. 9208 is hereby amended to read as
follows:
"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."
Section 22. Section 22 of Republic Act No. 9208 is hereby amended to read as
follows:
"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."
Section 23. A new Section 26-A is hereby inserted into Republic Act No. 9208, to
read as follows:
"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."
Section 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."1âwphi1
Section 25. A new Section 28-A is hereby inserted into Republic Act No. 9208, to
read as follows:
"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."
Section 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.‘"
Section 27. Section 33 of Republic Act No. 9208 is hereby amended to read as
follows:
"SEC. 33. Effectivity. – This Act shall take effect fifteen (15) days following
its complete publication in at least two (2) newspapers of general
circulation."

Inquirer Seven Facts that prove climate change is real, according to Al Gore
By: Sara Isabelle Pacia - Senior Digital Producer / @SPaciaINQ
INQUIRER.net / 03:21 PM March 19, 2016
BOMB DROPPED Former US Vice President Al Gore, an environment advocate,
likens the effects of climate change to the Hiroshima and Nagasaki bombings in his
speech before delegates of the Climate Reality Leadership Corps Training. RICHARD
A. REYES
How do you convince a room that climate change is real?
Such was the challenge former US Vice President and climate advocate Al Gore
hurdled at the Philippine leg of the Climate Reality Leadership Corps training at Sofitel
Plaza.
READ: Al Gore to „climate warriors‟: We only have years to make large change
ADVERTISEMENT
From March 14 to 16, Gore showed participants the slideshow presentation he uses
when talking about climate change in conferences around the world. He also taught
participants, dubbed ―climate leaders,‖ the intricacies of his renowned two-hour
presentation: Using a mix of facts, images and videos both important and ―shocking.‖
The attendees, dubbed ―climate leaders,‖ could then use the facts and slideshow in their
own future workshops.
Here are seven of the many statistics used by Gore to simplify the science showing
why climate change is real and what factors contribute to the global phenomenon. All
images are from Gore‘s presentation.
1. The energy trapped by manmade global warming pollution is now “equivalent
to 400,000 exploding Hiroshima atomic bombs per day, 365 days of the year.”
Gore used the powerful metaphor right smack in the middle of his slideshow, complete
with a video of an atomic bomb exploding in the background.
―I didn‘t mean for it to be that loud,‖ he quipped during one of three times he presented
to attendees and media, but perhaps he did. More than once, Gore said that he included
certain slides ―because it was shocking.‖
The bold statement was popularly used in a 2012 TED talk by James Hansen, former
director of the NASA Goddard Institute for Space Studies.2. Fourteen of the 15
hottest years on record have occurred since the year 2001.
Save for the year 1998, global land and sea temperatures have remained extremely high
between 2001 and 2015, according to data from NASA. The only year not included is
2008 during the last recorded La Niña, or an ocean phenomenon wherein sea
temperatures drop between 3 to 5 degrees Celsius.
―Think about it,‖ Gore told attendees: Today‘s teenagers have never experienced
―cooler‖ weather.
The upward trend looks to be continued this 2016. January this year, Gore said, was the
hottest January on record. February 2016, he added, was the 372nd consecutive month
with global temperature above the 20th century average.
3. Global warming is contributing to an increased incidence of extreme weather
because the environment in which all storms form has changed due to human
activities.
The above statement from Kevin Trenberth of the US National Center for Atmospheric
Research echoes what Gore and thousands of climate activists and environmentalists
would come to a consensus years later.
Between November 2012 to December 2013, 99.9 percent of authors of peer-reviewed
papers related to the climate agreed that climate change was happening because of
human activity.
―Only one does not,‖ Gore said.
Every four to five years, the Intergovernmental Panel on Climate Change publishes an
extensive report on how climate change affects weather.
READ: IPCC Firth Assessment Report
3. Expect heavier downpours and longer droughts–simultaneously
While the notion that more rain and drought could happen at the same time seems
contradictory, Gore said climate change was affecting the Earth‘s water cycle: Warmer
global temperatures lead to more water evaporated, to stronger rains, to longer intervals
of time between rain and more water sucked from the land.
―The same extra heat that evaporates more water from the ocean, causing bigger
downpours and floods, pulls moisture even more quickly from the soil, causing longer
and deeper droughts,‖ he had said in the 2006 film, ―An Inconvenient Truth.‖
READ: Pagasa Climate Outlook (March 2016)
In the Philippines alone, 38 percent of provinces will likely experience drought by
April this year due to the pervading El Niño weather phenomenon, according to a
March 2016 report by the Philippine Atmospheric, Geophysical and Astronomical
Services Administration (Pagasa).
4. Waters surrounding the Philippine archipelago are among the hottest in the
world, warmer by close to 3 degrees Celsius.
―The ocean waters are heating up more around the Philippines than any place else,‖
said Gore.
In the case of Supertyphoon ―Yolanda‖ (international name: Haiyan), the sea surface
temperature in November 2013 was then the highest in 134 years at 0.78 degrees above
the 20th century November average of 12.9 degrees.
BACKSTORY: Pinas to Paris Part 1: Intense
The same data from NOAA also concluded that because tropical cyclones form in
hotter waters, the increasingly warm Pacific Ocean would only produce riper
conditions for stronger storms.
5. Sea level in the Philippines is projected to rise two to three times faster than the
global average.
Water levels in the country are expected to rise between 7.6 and 10.2 centimeters
within the next decade, according to an International Development Research Center
study published by Science Daily in October 2015. In contrast, global sea levels will
rise only an estimated 3.1 cm by 2025.
Low-lying island communities will be the first to go underwater. In another study by
the University of the Philippines, more than 167,000 hectares of coastland will go
underwater–an estimated 0.6 percent of the country‘s total land area.
―At least 13.6 million Filipinos may have to relocate to higher elevations due to sea
level rise,‖ Gore said, citing the same research. Millions, too, currently live along the
many coastlines littered across the country, an archipelago nestled between the South
China Sea and Pacific Ocean.
BACKSTORY: Pinas to Paris Part 2: Zero
6. The amount of mercury near the surface of many of the world‟s oceans has
tripled as the result of human pollution.
The oceans‘ acidity is today at 8.2 pH from 8.1. While the difference may seem minor,
National Geographic reported that the 0.1 rise is in truth a 25-to-30-percent increase,
Gore said.
Immediate consequences of this rise could already be seen and felt; corals around the
world are turning white–an effect called coral bleaching–including the Great Barrier
Reef off Australia‘s coast.
READ: Scientists: Major coral bleaching crisis spreads worldwide
By 2100, Gore also reported, the Earth‘s waters could be 150-percent more acidic, or
acid levels not seen since 20 millions years ago.
7. Food supply, water and global health are all vulnerable to climate change
Disruptions in these four global systems, among others, could lead to political or
societal instability, Gore added.
He emphasized the correlation by using the current Syrian refugee crisis as an example.
―The 2006 to 2010 drought turned 60 percent of Syria‘s fertile land into desert and
drove 1.5 million people into Syria‘s already crowded cities.‖ The lack of food further
fueled tension in the country, forcing thousands to flee to survive.
READ: Syrian refugees struggle to buy food as aid dwindles
The US Department of State in 2014 even declared that climate change ―will likely
lead to food and water shortages, pandemic disease, disputes over refugees and
resources, and destruction by natural disasters in regions across the globe.‖
The Philippines, too, was also at risk of a similar crisis. Quoting the International Food
Policy Research Institute, Gore said, ―Up to 2.5 million Filipinos could be at risk of
hunger,‖ should extreme weather events increase in 2016.
And the cause and effect doesn‘t end with food and water shortage due to intensifying
drought. Quoting Hugh Montgomery, co-chair of the 2015 Lancet Commission on
Health and Climate Change, he stressed: ―Climate change is a medical emergency.‖
Mosquitoes bearing dengue and Zika virus, for example, migrate upward in warmer
climates, thus potentially increasing the likelihood of an outbreak
Right to education
From Wikipedia, the free encyclopedia
The right to education has been recognized as a human right in a number of
international conventions, including the International Covenant on Economic, Social
and Cultural Rights which recognises a right to free, compulsory primary
education for all, an obligation to develop secondary education accessible to all, in
particular by the progressive introduction of free secondary education, as well as an
obligation to develop equitable access to higher education, ideally by the progressive
introduction of free higher education. Today, almost 70 million children across the
world are prevented from going to school each day. [1] As of 2015, 164 states were
parties to the Covenant.[2]
The right to education also includes a responsibility to provide basic education for
individuals who have not completed primary education. In addition to these access to
education provisions, the right to education encompasses the obligation to
avoid discrimination at all levels of the educational system, to set minimum
standards and to improve the quality of education.
International legal basis[edit]
The right to education is reflected in international law in Article 26 of the Universal
Declaration of Human Rights and Articles 13 and 14 of the International Covenant
on Economic, Social and Cultural Rights.[3][4][5] Article 26 states, "Everyone has the
right to education. Education shall be free, at least in the elementary and fundamental
stages. Elementary education shall be compulsory. Technical and professional
education shall be made generally available and higher education shall be equally
accessible to all on the basis of merit. Education shall be directed to the full
development of the human personality and to the strengthening of respect for human
rights and fundamental freedoms. It shall promote understanding, tolerance and
friendship among all nations, racial or religious groups, and shall further the
activities of the United Nations for the maintenance of peace. Parents have a prior
right to choose the kind of education that shall be given to their children."[6]
The right to education has been reaffirmed in the 1960 UNESCO Convention against
Discrimination in Education, the 1981 Convention on the Elimination of All Forms
of Discrimination Against Women,[7] the 2006 Convention on the Rights of Persons
with Disabilities[8] and the African Charter on Human and Peoples' Rights.[9]
In Europe, Article 2 of the first Protocol of 20 March 1952 to the European
Convention on Human Rights states that the right to education is recognized as a
human right and is understood to establish an entitlement to education. According to
the International Covenant on Economic, Social and Cultural Rights, the right to
education includes the right to free, compulsory primary education for all, an
obligation to develop secondary education accessible to all in particular by the
progressive introduction of free secondary education, as well as an obligation to
develop equitable access to higher education in particular by the progressive
introduction of free higher education. The right to education also includes a
responsibility to provide basic education for individuals who have not completed
primary education. In addition to these access to education provisions, the right to
education encompasses also the obligation to eliminate discrimination at all levels of
the educational system, to set minimum standards and to improve quality.
The European Court of Human Rights in Strasbourg has applied this norm for
example in the Belgian linguistic case.[7] Article 10 of the European Social
Charter guarantees the right to vocational education.[10]
Definition[edit]
Education is formal institutional instructions. Generally, international instruments
use the term in this sense and the right to education, as protected by international
human rights instruments, refers primarily to education in a narrow sense. The
1960 UNESCO Convention against Discrimination in Education defines education in
Article 1(2) as: "all types and levels of education, (including such) access to
education, the standard and quality of education, and the conditions under which it is
given."[11]
In a wider sense education may describe "all activities by which a human group
transmits to its descendants a body of knowledge and skills and a moral code which
enable the group to subsist".[11] In this sense education refers to the transmission to a
subsequent generation of those skills needed to perform tasks of daily living, and
further passing on the social, cultural, spiritual and philosophical values of the
particular community. The wider meaning of education has been recognised in
Article 1(a) of UNESCO's 1974 Recommendation concerning Education for
International Understanding, Co-operation and Peace and Education relating to
Human Rights and Fundamental Freedoms.[12]
"the entire process of social life by means of which individuals and social groups
learn to develop consciously within, and for the benefit of, the national and
international communities, the whole of their personal capabilities, attitudes,
aptitudes and knowledge."[11]
The European Court of Human Rights has defined education in a narrow sense as
"teaching or instructions... in particular to the transmission of knowledge and to
intellectual development" and in a wider sense as "the whole process whereby, in any
society, adults endeavour to transmit their beliefs, culture and other values to the
young."[11]
Assessment of fulfilment[edit]
The fulfilment of the right to education can be assessed using the 4 As framework,
which asserts that for education to be a meaningful right it must be available,
accessible, acceptable and adaptable. The 4 As framework was developed by the
former UN Special Rapporteur on the Right to Education, Katarina Tomasevski, but
is not necessarily the standard used in every international human rights
instrument and hence not a generic guide to how the right to education is treated
under national law.[13]
The 4 As framework proposes that governments, as the prime duty-bearers, have to
respect, protect and fulfil the right to education by making education available,
accessible, acceptable and adaptable. The framework also places duties on other
stakeholders in the education process: the child, which as the privileged subject of
the right to education has the duty to comply with compulsory
education requirements, the parents as the ‗first educators‘, and professional
educators, namely teachers.[13]
The 4 As have been further elaborated as follows:[14]
 Availability – funded by governments, education is universal, free and
compulsory. There should be proper infrastructure and facilities in place with
adequate books and materials for students. Buildings should meet both safety
and sanitation standards, such as having clean drinking water. Active
recruitment, proper training and appropriate retention methods should ensure
that enough qualified staff is available at each school.[15]
 Accessibility – all children should have equal access to school services,
regardless of gender, race, religion, ethnicity or socio-economic status. Efforts
should be made to ensure the inclusion of marginalized groups including
children of refugees, the homeless or those with disabilities in short there should
be universal access to education i.e. access to all. Children who fall
into[16] poverty should be granted the access of education because it enhances
the growth of their mental and social state. There should be no forms of
segregation or denial of access to any students. This includes ensuring that
proper laws are in place against any child labour or exploitation to prevent
children from obtaining primary or secondary education. Schools must be within
a reasonable distance for children within the community, otherwise
transportation should be provided to students, particularly those that might live
in rural areas, to ensure ways to school are safe and convenient. Education
should be affordable to all, with textbooks, supplies and uniforms provided to
students at no additional costs.[17]
 Acceptability – the quality of education provided should be free of
discrimination, relevant and culturally appropriate for all students. Students
should not be expected to conform to any specific religious or ideological views.
Methods of teaching should be objective and unbiased and material available
should reflect a wide array of ideas and beliefs. Health and safety should be
emphasized within schools including the elimination of any forms of corporal
punishment. Professionalism of staff and teachers should be maintained. [18]
 Adaptability – educational programs should be flexible and able to adjust
according to societal changes and the needs of the community. Observance of
religious or cultural holidays should be respected by schools in order to
accommodate students, along with providing adequate care to those students
with disabilities.[19]
A number of international NGOs and charities work to realise the right to education
using a rights-based approach to development.[1]
Historical development[edit]
In Europe, before the Enlightenment of the eighteenth and nineteenth century,
education was the responsibility of parents and the church. With
the French and American Revolutioneducation was established also as a public
function. It was thought that the state, by assuming a more active role in the sphere
of education, could help to make education available and accessible to all. Education
had thus far been primarily available to the upper social classes and public education
was perceived as a means of realising the egalitarian ideals underlining both
revolutions.[20]
However, neither the American Declaration of Independence (1776) nor the French
Declaration of the Rights of Man (1789) protected the right to education as the
liberal concepts of human rights in the nineteenth century envisaged that parents
retained the primary duty for providing education to their children. It was the states
obligation to ensure that parents complied with this duty, and many states enacted
legislation making school attendance compulsory. Furthermore, child labour laws
were enacted to limit the number of hours per day children could be employed, to
ensure children would attend school. States also became involved in the legal
regulation of curricula and established minimum educational standards.[21]
In On Liberty John Stuart Mill wrote that an "education established and controlled by
the State should only exist, if it exists at all, as one among many competing
experiments, carried on for the purpose of example and stimulus to keep the others
up to a certain standard of excellence." Liberal thinkers of the nineteenth century
pointed to the dangers to too much state involvement in the sphere of education, but
relied on state intervention to reduce the dominance of the church, and to protect the
right to education of children against their own parents. In the latter half of the
nineteenth century, educational rights were included in domestic bills of
rights.[21] The 1849 Paulskirchenverfassung, the constitution of the German Empire,
strongly influenced subsequent European constitutions and devoted Article 152 to
158 of its bill of rights to education. The constitution recognised education as a
function of the state, independent of the church. Remarkable at the time, the
constitution proclaimed the right to free education for the poor, but the constitution
did not explicitly require the state to set up educational institutions. Instead the
constitution protected the rights of citizens to found and operate schools and to
provide home education. The constitution also provided for freedom
of science and teaching, and it guaranteed the right of everybody to choose a
vocation and train for it.[22]
The nineteenth century also saw the development of socialist theory, which held that
the primary task of the state was to ensure the economic and social well-being of the
community through government intervention and regulation. Socialist theory
recognised that individuals had claims to basic welfare services against the state and
education was viewed as one of these welfare entitlements. This was in contrast
to liberal theory at the time, which regarded non-state actors as the prime providers
of education. Socialist ideals were enshrined in the 1936 Soviet Constitution, which
was the first constitution to recognise the right to education with a corresponding
obligation of the state to provide such education. The constitution guaranteed free
and compulsory education at all levels, a system of state scholarships and vocational
training in state enterprises. Subsequently, the right to education featured strongly in
the constitutions of socialist states.[22] As a political goal, right to education was
declared in F. D. Roosevelt's 1944 speech on the Second Bill of Rights.
Implementation[edit]
International law does not protect the right to pre-primary education and
international documents generally omit references to education at this
level.[23] The Universal Declaration of Human Rights states that everyone has the
right to education, hence the right applies to all individuals, although children are
considered as the main beneficiaries.[24]
The rights to education are separated into three levels:
 Primary (Elemental or Fundamental) Education. This shall be compulsory and
free for any child regardless of their nationality, gender, place of birth, or any
other discrimination. Upon ratifying the International Covenant on Economic,
Social and Cultural Rights States must provide free primary education within
two years.
 Secondary (or Elementary, Technical and Professional in the UDHR) Education
must be generally available and accessible.
 Higher Education (at the University Level) should be provided according to
capacity. That is, anyone who meets the necessary education standards should
be able to go to university.
Both secondary and higher education shall be made accessible "by every appropriate
means, and in particular by the progressive introduction of free education". [25]
Compulsory education[edit]
The realisation of the right to education on a national level may be achieved
through compulsory education, or more specifically free compulsory primary
education, as stated in both the Universal Declaration of Human Rights and
the International Covenant on Economic, Social and Cultural Rights.[3][26]
Right to education for children[edit]
The rights of all children from early childhood stem from the 1948 Universal
Declaration of Human Rights. The declaration proclaimed in article 1: ‗All human
beings are born free and equal in dignity and rights‘. The declaration states that
human rights begin at birth and that childhood is a period demanding special care
and assistance [art. 25 (2)]. The 1959 Declaration of the Rights of the Child affirmed
that: ‗mankind owes to the child the best it has to give‘, including education. This
was amplified by the International Covenant on Economic, Social and Cultural
Rights of 1966 which states that: ‗education shall be directed to the full development
of the human personality and the sense of its dignity, and shall strengthen the respect
for human rights and fundamental freedoms. [art. 13 (1)] [27]
The World Declaration on Education for All (EFA) adopted in 1990 in Jomtien,
Thailand, states in article 5 that: ‗Learning begins at birth [...] This calls for early
childhood care and initial education.‘ A decade later, the Dakar Framework for
Action on EFA established six goals, the first of which was: ‗expanding and
improving early childhood care and education, especially for the most vulnerable and
disadvantaged children.‘ Protection of children of all ages from exploitation and
actions that would jeopardize their health, education and well-being has also been
emphasized by the International Labour Organization in Conventions No. 138 on the
Minimum Age of Employment (1973) and No. 182 on the Prohibition and Immediate
Action for the Elimination of the Worst Forms of Child Labour (1999). The United
Nations contributed to such endeavours by the Declaration of the Rights of the Child
unanimously adopted by the General Assembly in 1959. [27]
The impact of privatization on the right to education[edit]
The privatization of education can have a positive impact for some social groups, in
the form of increased availability of learning opportunities, greater parental choice
and a wider range of curricula. However, it can also have negative effects resulting
from insufficient or inadequate monitoring and regulation by the public authorities
(schools without licences, hiring of untrained teachers and absence of quality
assurance), with potential risks for social cohesion and solidarity. Of particular
concern: ‗Marginalised groups fail to enjoy the bulk of positive impacts and also
bear the disproportionate burden of the negative impacts of
privatisation.‘[28] Furthermore, uncontrolled fees demanded by private providers
could undermine universal access to education. More generally, this could have a
negative impact on the enjoyment of the right to a good quality education and on the
realization of equal educational opportunities.[29]
Supplemental private tutoring, or ‗shadow education‘, which represents one specific
dimension of the privatization of education, is also growing worldwide. [30] Often a
symptom of badly functioning school systems,[31] private tutoring, much like other
manifestations of private education, can have both positive and negative effects for
learners and their teachers. On one hand, teaching can be tailored to the needs of
slower learners and teachers can supplement their school salaries. On the other hand,
fees for private tutoring may represent a sizeable share of household income,
particularly among the poor, and can therefore create inequalities in learning
opportunities. And the fact that some teachers may put more effort into private
tutoring and neglect their regular duties can adversely affect the quality of teaching
and learning at school.[32] The growth of shadow education, the financial resources
mobilized by individuals and families, and the concerns regarding possible teacher
misconduct and corruption are leading some ministries of education to attempt to
regulate the phenomenon.[29][32]
 If not, is there a government plan to achieve free and compulsory primary education,
with a reasonable time frame and budget?
Education and the 4 As Is sufficient money allocated for all children to receive primary education?
Is the state making concrete steps towards achieving free secondary and higher educa
©ActionAid tion?
Are teachers well trained, and do they receive domestically competitive salaries, do t
For education to be a meaningful right it must be available, accessible, hey have appropriate working conditions, teaching materials and the right to organise
acceptable and adaptable. The concept of these 4 As was developed by the former ?
UN Special Rapporteur on the Right to Education, Katarina Tomasevski, and it is Are school buildings safe, do sanitation facilities exist, and is there safe
one of the best ways to assess and act upon the situation. drinking water, a library, ICT resources?
However, it should be noted from the outset that these 4 As are not definitive. Whilst Possible indicators and violations:
they are an extremely useful way of explaining the right to education in terms of Education should be free and government funded with an adequate infrastructure and
tangible factors, they are not necessarily the standard used in every international trained teachers able to support education delivery, e.g. safe buildings, a school in a
treaty and as such should not be treated as a generic, comprehensive guide to what village, enough teachers, free textbooks and uniforms, sanitation facilities and
the right to education means under every law. appropriate transport.
The 4 As are to be respected, protected and fulfilled by the government, as the prime Indicator: Primary education must be free and compulsory. (ICESCR Art. 13 (2)(a),
duty-bearer, but there are also duties on other actors in the education process: the CRC Art. 28 (1)(a)). Possible violation: Universal, free and compulsory primary
child as the privileged subject of the right to education and the bearer of the duty to education does not exist or is not accessible to all. If it is compulsory but not free
comply with compulsory-education requirements; the child‘s parents who are the there is a clear violation.
‗first educators‘; and professional educators, namely teachers. Indicator: Where free and compulsory primary education is not yet in place, a plan
By using a participatory process this framework of the must be developed to achieve it within a reasonable timeframe. (ICESCR Art.
4 As canbecome a tool to enable people to think 14). Possible violation: If education is not free and compulsory and the government
through what the right toeducation means to them, and compare their current reality has not developed a plan to make it so.
to thisideal context. Indicator: Budgetary allocations at the central and local level should correspond to
The 4 As can be summarised as follows - please click on each A to read more: the guarantee of free and compulsory education for all children up to the minimum
Availability – that education is free and government-funded and that there is age for employment and progressive realisation of the right to education. Possible
adequate infrastructure andtrained teachers able to support education delivery. violation: The State invests disproportionate resources in post-primary, especially
Accessibility – that the system is non- discriminatory and accessible to all, and that university-level education, particularly if it comes at the expense of primary
positive steps are taken toinclude the most marginalised. education. This may be manifested by the significant limitation of the number of
Acceptability – that the content of education is relevant, non- hours during which public primary schools are open.
discriminatory and culturally appropriate, and ofquality; that the school itself is Indicator: Obligation to take concrete steps towards achieving free secondary and
safe and teachers are professional. higher education. (ICESCR Art. 13 (2)(b)(c))
Adaptability – that education can evolve with Indicator: Trained teachers must receive domestically competitive salaries, enjoy
the changing needs of society and contribute to challenging inequalities, better working conditions, and have access to teaching materials. Equally they must
such as gender discrimination, and that it can be adapted have the right to organize and bargain collectively and enjoy other conditions and
locally to suit specific contexts. status in line with their role. (ICESCR General Comment 13). Possible
See also: Education Rights Circle Diagram– visualising the 4 As violation: Where there is insufficient teacher recruiting, training and retention,
including insufficient pay, or where teachers lose their jobs because of education
budget cuts.
Indicator: Functioning educational institutions and programmes have to be available
Availability
in sufficient quantity within the jurisdiction of the State party. What they require to
That education is free and government-funded and that there is adequate function depends upon numerous factors, including the developmental context within
infrastructure and trained teachers able to support education delivery. which they operate; for example, all institutions and programmes are likely to require
Possible questions to consider: buildings or other protection from the elements, sanitation facilities for both sexes,
Is primary education free and compulsory? and safe drinking water. Some will also require facilities such as a library, computer
facilities and information technology. Possible violation: Where infrastructure in
educational institutions is not of sufficient quality with regard to the adjacent
indicators.
Indicator: Obligation to respect parental freedom to choose education for their
children, observing the principle of the best interests of the child.
Accessibility
That the system is non- discriminatory and accessible to all, and that
positive steps are taken to include themost marginalised.
Possible questions to consider:
Is education accessible to all, without discrimination on any grounds –
for example race, colour, ethnicity, sex,language, religion, economic or social status
? Are positive actions made to reach the most vulnerable? Arethere any laws, such as
laws preventing child labour, which need to be enforced to ensure accessibility?
Is education within safe physical reach? Are there appropriate transport facilities?
Is education affordable for all –
including indirect costs such as textbooks and uniforms?
Have all legal and administrative
obstacles, such as the need for a birth certificate, been abolished?
Possible indicators and violations:
The system should be non-discriminatory and accessible to all, and positive steps
should be taken to include the most marginalised: for example; no child labour, no
gender discrimination, no disability discrimination, affirmative action to include the
most marginalised school, within reachable distance.
Indicator: Non-discrimination - education must be accessible to all, especially the
most vulnerable groups, in law and fact, without discrimination on any ground,
including race, colour, sex, language, religion, opinion, origin, economic status,
birth, social status, minority or indigenous status, and disability. Possible
violation: Failure of government to prohibit segregation of indigenous children in
separate schools or girls being denied access to education because they are working
in the home or married early. The Government has not enacted or does not enforce
child labour laws. As a result, children are prevented from attending primary (and
secondary) education because they are working. The problem is particularly acute if
the children are working under harsh or exploitative conditions. The Government
does not develop or implement programmes targeted at particularly vulnerable
children, such as homeless, abandoned and street children; refugee children; or
children of illegal immigrants, to ensure that they attend school.
Indicator: Education has to be within safe physical reach, either by attendance at
some reasonably convenient geographic location (e.g. a neighbourhood school) or
via modern technology (e.g. access to a ―distance learning‖ programme); transport
facilities should be provided or residential facilities should be provided to children
who do not have access to schools within their neighbourhood. Possible
violation: There is clearly substandard provision of education services in rural areas
if a child has to walk 10 miles to get to his/her nearest school, or if travelling to
school is unsafe.
Indicator: Education must be affordable to all. This includes not only the
elimination of school fees but also of indirect costs such as textbooks and uniforms.
Whereas primary education should be available ―free to all‖, States parties are
required to progressively introduce free secondary and higher education. (ICESCR
Art. 13 (2) ). Possible violation: There are prohibitive financial costs involved, such
as fees, donations, capitation fees, uniforms or textbooks. Such fees may be termed
e.g. family ‗contributions‘ for school books.
Indicator: Other obstacles to accessing education - both legal and administrative -
must be abolished. Possible violation: Where a child needs a birth certificate to
participate in education.
Acceptability
That the content of education is relevant, non-discriminatory, culturally
appropriate, and of quality; that theschool itself is safe and teachers are professional.
Possible questions to consider:
Is education pluralistic? Is it free from religious (or other)
indoctrination? Are the curricula and texts open andtolerant towards a
range of different (religious, political, etc.) belief systems?
Is education non-discriminatory? Are texts and curricula non-
biased and objective? Is the education relevantand culturally appropriate?
Are there minimum standards for education (numbers of text books,
methods of instruction, etc.), which aremonitored and enforced by the
government (in both the private and public school systems)?
Is the school safe? Is violence condemned? Are minimum health standards in place?
Are there sufficient teachers? Are they trained to an appropriate
standard? Are they properly supported andsupervised?
Possible indicators and violations:
The content of education should be pluralistic, relevant, non-discriminatory and
culturally appropriate, and of quality; the school itself should be safe and the teachers
professional.
Indicator: Education should be pluralistic and guarantee the rights of parents to
ensure the religious and moral education of their children in conformity with their
own convictions (ICCPR Art. 18 (4) ), ICESCR Art. 13(3), and to establish schools
outside the public education system (ICESCR Art. 13(4) ). Possible violation: This
is clearly violated where minority (or other independent) schools are unjustifiably
closed or where, for example, poor children are channelled towards monastic
religious schools without being offered any alternative educational opportunity. This
is also violated where curricula and texts are required to conform to an established
government dogma.
Indicator: There must be minimum standards in law and fact for the quality of
education – it must be relevant, culturally appropriate (including prioritizing the
language of instruction), non-discriminatory and the contents of curricula, textbooks
and methods of instruction must be of good quality to students and, in appropriate
cases, parents. This is subject to the educational objectives and minimum educational
standards as may be approved by the State. Additionally, these guarantees have to be
set, monitored and enforced by the government throughout the education system, social and cultural settings, by e.g. eliminating prejudices and reconciling diverse
whether the institutions are public or private. Possible violation: Where the teaching values through dialogue and respect for difference. Possible violation: The
of general history of religions and ethics is conducted in a biased and subjective way. Government does not provide educationally adequate means for members of
This is violated when the form of teaching is not appropriate or of an acceptable linguistic and/or cultural minorities to learn the national language and the ways of
quality, or for example when the choice of optional choices is significantly reduced, the mainstream culture that will enable them to participate fully and actively in all
or if there is a drastic shortage of textbooks and other relevant learning materials. aspects of it to the level they wish.
Indicator: Schools must be safe (including the exclusion of violence in schools, Indicator: Link between the school leaving age and the minimum age for
especially the prohibition of corporal punishment) and environmental health employment, marriage, military recruitment, criminal responsibility. Possible
standards must be adhered to. Possible violation: For example, where discipline is violation: Where education is compulsory until the age of 12 and the age of
inconsistent with the principles of human dignity – e.g. public humiliation or food minimum employment is 14, 12-14 year olds are left particularly vulnerable to the
rights taken away; sexual abuse within the school environment. risk of economic exploitation.
Indicator: Teachers must be of a professional standard. Possible Indicator: Out of school education for children and young people deprived of their
violation: Insufficient numbers of qualified teachers. liberty, refugees, internally displaced people, working children and nomadic
communities. Possible violation: This is violated if the rights of children aren‘t
enhanced through their attendance at school, i.e. their ability to escape child labour,
Adaptability forced marriages or if the manner of teaching is exactly the same throughout a
country with no regard to different social and cultural settings.
That education can evolve with the changing needs of society and contribute Indicator: Education should enhance the human rights of children, e.g. their ability
to challenging inequalities, suchas gender discrimination, and that it can be adapted to gain employment, increase gender equality, prevent conflict, avoid socio-
locally to suit specific contexts. economic exclusion, etc. Possible violation: Where there are high dropout rates for
Possible questions to consider: girls due to pregnancy or early marriage.
Is the school able to adapt the provision of education to the specific needs of their
pupils and local children?(e.g. Are religious and cultural holidays
recognised; are students with disabilities catered for etc.?)
Can education adapt to the changing needs of societies and communities? Are there
adequate provisions for linguistic and cultural minorities – balancing learning the
national language and culture with preserving their own? Is education adapting and
responding to the HIV pandemic etc.?
Is there a link between school leaving age and minimum age for employment,
marriage, military, criminalresponsibility etc.? What happens to young people if
there is a mismatch of ages?
Does schooling protect and enhance children‘s rights – e.g. does it prevent
them from child labour or forced marriages, does it enhance their
employability, increase gender equality etc.?
Possible indicators and violations:
Education should evolve with the changing needs of society and contribute to
challenging inequalities, such as gender discrimination, so that it can be adapted
locally to suit specific contexts.
Indicator: Obligation to adapt education to the best interests of each child,
especially regarding children with disabilities, or minority and indigenous children.
Possible violation: Schools fail to accommodate special religious or cultural
holidays, so that students are penalized for missing school. Students should be able
to make the time or work up, take an exam on a different day, or benefit from some
other form of accommodation. The failure of schools to provide similar
accommodation for students with disabilities is also a violation.
Indicator: Education has to be flexible so it can adapt to the needs of changing
societies and communities and respond to the needs of students within their diverse
G.R. No. 211465 December 3, 2014
PEOPLE OF THE :PHILIPPINES, Plaintiff-appellee,
vs.
SHIRLEY A. CASIO, Accused-appellant.
DECISION
LEONEN, J.:
"Chicks mo dong?"1
With this sadly familiar question being used on the streets of many of our cities, the
fate of many desperate women is sealed and their futures vanquished. This case
resulted in the rescue of two minors from this pernicious practice. Hopefully, there
will be more rescues. Trafficking in persons is a deplorable crime. It is committed
even though the minor knew about or consented to the act of trafficking.
This case involves Republic Act No. 9208,2 otherwise known as the "Anti-
Trafficking in Persons Act of 2003." 3
Accused Shirley A. Casio was charged for the violation of Republic Act No. 9208,
Section 4(a), qualified by Section 6(a). The information against accused, dated May
5, 2008, states:
That on or about the 3rd day of May 2008, at about 1:00 o‘clock A.M., in the City of
Cebu, Philippines, and within the jurisdiction of this Honorable Court, the said
accused, with deliberate intent, with intent to gain, did then and there hire and/or
recruit AAA, a minor, 17 years old and BBB for the purpose of prostitution and
sexual exploitation, by acting as their procurer for different customers, for money,
profit or any other consideration, in Violation of Sec. 4, Par. (a), Qualified by Sec. 6,
Par. (a), of R.A. 9208 (Qualified Trafficking in Persons).
CONTRARY TO LAW.4
The facts, as found by the trial court and the Court of Appeals, are as follows:
On May 2, 2008, International Justice Mission (IJM),5 a nongovernmental
organization, coordinated with the police in order to entrap persons engaged in
human trafficking in Cebu City.6
Chief PSI George Ylanan, SPO1 Felomino Mendaros, SPO1 Fe Altubar, PO1 Albert
Luardo, and PO1 Roy Carlo Veloso composed the team of police operatives. 7 PO1
Luardo and PO1 Veloso were designated as decoys, pretending to be tour guides
looking for girls to entertain their guests.8 IJM provided them with marked money,
which was recorded in the police blotter.9
The team went to Queensland Motel and rented Rooms 24 and 25. These rooms were
adjacent to each other. Room 24 was designated for the transaction while Room 25
was for the rest of the police team.10
PO1 Luardo and PO1 Veloso proceeded to D. Jakosalem Street in Barangay
Kamagayan, Cebu City‘s red light district. Accused noticed them and called their
attention by saying "Chicks mo dong?" (Do you like girls, guys?). 11
During trial, PO1 Luardo and PO1 Veloso testified that their conversation with
accused went as follows:
Accused: Chicks mo dong?(Do you like girls, guys?)
PO1 Luardo: Unya mga bag-o? Kanang batan-on kay naa mi guests naghulat sa
motel. (Are they new? They must be young because we have guests waiting at the
motel.)
Accused: Naa, hulat kay magkuha ko. (Yes, just wait and I‘ll get them.) 12
At that point, PO1 Luardo sent a text message to PSI Ylanan that they found a
prospective subject.13
After a few minutes, accused returned with AAA and BBB, private complainants in
this case.14 Accused: Kining duha kauyon mo ani? (Are you satisfied with these
two?)
PO1 Veloso: Maayo man kaha na sila modala ug kayat? (Well, are they good in
sex?)15 Accused gave the assurance that the girls were good in sex. PO1 Luardo
inquired how much their serviceswould cost. Accused replied, "Tag kinientos"
(₱500.00).16
PO1 Veloso and PO1 Luardo convinced accused to come with them to Queensland
Motel. Upon proceeding toRoom 24, PO1 Veloso handed the marked money to
accused.17
As accused counted the money, PO1 Veloso gave PSI Ylanan a missed call. This was
their pre-arranged signal. The rest of the team proceeded to Room 24, arrested
accused, and informed her of her constitutional rights. The police confiscated the
marked money from accused.18 Meanwhile, AAA and BBB "were brought to Room
25 and placed in the custody of the representatives from the IJM and the DSWD." 19
During trial, AAA testified that she was born on January 27, 1991. This statement
was supported by a copy of her certificate of live birth. 20
AAA narrated that in 2007, she worked as a house helper in Mandaue City. In March
2008 she stopped working as a house helper and transferred to Cebu City. She stayed
with her cousin, but she subsequently moved to a boarding house. It was there where
she met her friend, Gee Ann. AAA knew that Gee Ann worked in a disco club. When
Gee Ann found out that AAA was no longer a virgin, she offered AAA work. AAA
agreed because she needed the money in order to helpher father. AAA recalled that
she had sex with her first customer. She was paid ₱200.00 and given an additional
₱500.00 as tip. For the first few weeks, Gee Ann provided customers for AAA.
Eventually, Gee Ann brought her to Barangay Kamagayan, telling her that there were
more customers in that area.21
AAA stated that she knew accused was a pimp because AAA would usually see her
pimping girls to customers in Barangay Kamagayan. 22 AAA further testified that on
May 2, 2008, accused solicited her services for a customer. That was the first time
that she was pimped by accused.23 Accused brought her, BBB, and a certain Jocelyn
to Queensland Motel.24
AAA testified that Jocelyn stayed inthe taxi, while she and BBB went to Room 24. It
was in Room 24 where the customer paid Shirley. The police rushed in and toldAAA
and BBB to go to the other room. AAA was then met by the Department of Social
Welfare and Development personnel who informed her that she was rescued and not
arrested.25
AAA described that her job as a prostitute required her to display herself, along with
other girls, between 7 p.m. to 8 p.m. She received ₱400.00 for every customer who
selected her.26
The prosecution also presented the police operatives during trial. PSI Ylanan, SPO1
Mendaros, and SPO1 Altubar testified that after PO1 Veloso had made the missed
call to PSI Ylanan, they "rushed to Room 24 and arrested the accused." 27 SPO1
Altubar retrieved the marked money worth ₱1,000.00 from accused‘s right hand "and
upon instruction from PCINSP Ylanan recorded the same at the ‗police blotter prior
operation‘. . . ."28
The trial court noted that AAA requested assistance from the IJM "in conducting the
operation against the accused."29
Version of the accused
In defense, accused testified thatshe worked as a laundry woman. On the evening of
May 2, 2008, she went out to buy supper. While walking, she was stopped by two
men on board a blue car. The two men asked her if she knew someone named
Bingbing. She replied that she only knew Gingging but not Bingbing. The men
informed her that they were actually looking for Gingging, gave her a piece of paper
witha number written on it, and told her to tell Gingging to bring companions. When
accused arrived home, she contacted Gingging. Gingging convinced her to come
because allegedly, she would be given money by the two males.30 Ruling of the trial
court
The Regional Trial Court, Branch 14 in Cebu City found accused guilty beyond
reasonable doubt and held31 that:
Accused had consummated the act of trafficking of person[s] . . . as defined under
paragraph (a), Section 3 of R.A. 9208 for the purpose of letting her engage in
prostitution asdefined under paragraph [c] of the same Section; the act of "sexual
intercourse" need not have been consummated for the mere "transaction" i.e. the
‗solicitation‘ for sex and the handing over of the "bust money" of Php1,000.00
already consummated the said act.
....
WHEREFORE, the Court finds accused, SHIRLEY A. CASIO, GUILTY beyond
reasonable doubt of trafficking in persons under paragraph (a), Section 4 as qualified
under paragraph (a), Section 6 of R.A. 9208 and sentenced to suffer imprisonment of
TWENTY (20) YEARS and to pay a fine of ONE MILLION (Php1,000,000.00).
Finally, accused is ordered to pay the costs of these proceedings.
SO ORDERED[.]32
Ruling of the Court of Appeals
The Court of Appeals affirmed the findings of the trial court but modified the fine
and awarded moral damages. The dispositive portion of the decision33 reads:
WHEREFORE, in view of the foregoing premises, the instant appeal is hereby
DENIED. The assailed Decision dated 10 August 2010 promulgated by the Regional
Trial Court, Branch 14 in Cebu City in Crim. Case No. CBU-83122 is AFFIRMED
WITH MODIFICATIONS. The accused-appellant is accordingly sentenced to suffer
the penalty of life imprisonment and a fine of Php2,000,000 and is ordered to pay
each of the private complainants Php150,000 as moral damages.
SO ORDERED.34
Accused filed a notice of appeal35 on August 28, 2013, which the Court of Appeals
noted and gavedue course in its resolution36 dated January 6, 2014. The case records
of CA-G.R. CEB-CR No. 01490 were received by this court on March 17, 2014. 37
In the resolution38 dated April 29, 2014, this court resolved to notify the parties that
they may file their respective supplemental briefs within 30 days from notice. This
court also required the Superintendent of the Correctional Institution for Women to
confirm the confinement of accused.39
Counsel for accused40 and the Office of the Solicitor General41 filed their respective
manifestations, stating that they would no longer file supplemental briefs considering
that all issues had been discussed in the appellant‘s brief and appellee‘s brief filed
before the Court of Appeals. Through a letter42 dated June 17, 2014, Superintendent
IV Rachel D. Ruelo confirmed accused‘s confinement at the Correctional Institution
for Women since October 27, 2010.
The sole issue raised by accused iswhether the prosecution was able to prove her
guilt beyond reasonable doubt.
However, based on the arguments raised in accused‘s brief, the sole issue may be
dissected into the following:
(1) Whether the entrapment operation conducted by the police was valid,
considering that there was no prior surveillance and the police did not know
the subject of the operation;43
(2) Whether the prosecution was able to prove accused‘s guilt beyond
reasonable doubt even though there was no evidence presented to show that
accused has a history of engaging in human trafficking;44 and
(3) Whether accused was properly convicted of trafficking in persons,
considering that AAA admitted that she works as a prostitute. 45
Arguments of accused
Accused argues that there was no valid entrapment. Instead, she was instigated into
committing the crime.46 The police did not conduct prior surveillance and did not
evenknow who their subject was.47 Neither did the police know the identities of the
alleged victims.
Accused further argues that under the subjective test, she should be acquitted
because the prosecution did notpresent evidence that would prove she had a history
of engaging in human trafficking or any other offense. She denied being a pimp and
asserted that she was a laundry woman.48 In addition, AAA admitted that she worked
as a prostitute. Thus, it was her decision to display herself to solicit customers. 49
Arguments of the plaintiff-appellee
The Office of the Solicitor General, counsel for plaintiff-appellee People of the
Philippines, argued that the trial court did not err in convicting accused because
witnesses positively identified her as the person who solicited customers and
received money for AAA and BBB.50 Entrapment operations are valid and have been
recognized by courts.51Likewise, her arrest in flagrante delicto is valid.52 Hence, the
trial court was correct in stating that accused had "fully consummated the act of
trafficking of persons. . ."53
We affirm accused Shirley A. Casio‘s conviction.
I.
Background of Republic Act No. 9208
The United Nations Convention against Transnational Organized Crime (UN CTOC)
was "adopted and opened for signature, ratification and accession" 54 on November
15, 2000. The UN CTOC is supplemented by three protocols: (1) the Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children; (2) the Protocol against the Smuggling of Migrants by Land, Sea and Air;
and, (3) the Protocol against the Illicit Manufacturing of and Trafficking in Firearms,
their Parts and Components and Ammunition.55
On December 14, 2000, the Philippines signed the United Nations "Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children" (Trafficking Protocol).56 This was ratified by the Philippine Senate on
September 30, 2001.57 The Trafficking Protocol‘s entry into force was on December
25, 2003.58
In the Trafficking Protocol, human trafficking is defined as:
Article 3 Use of terms For the purposes of this Protocol:
(a) "Trafficking in persons" shall mean the recruitment, transportation,
transfer, harbouring or receipt of persons, by means of the threat or use of
force or other forms of coercion, of abduction, of fraud, of deception, of the
abuse of power or of a position of vulnerability or of the giving or receiving
of payments or benefits to achieve the consent of a person having control
over another person, for the purpose of exploitation. Exploitation shall
include, at a minimum, the exploitation of the prostitution of others or other
 forms of sexual exploitation, forced labour or services, slavery or practices
similar to slavery, servitude or the removal of organs;
(b) The consent of a victim of trafficking in persons to the intended
exploitation set forth in subparagraph (a) of this article shall be irrelevant
where any of the means set forth in subparagraph (a) have been used;
(c) The recruitment, transportation, transfer, harbouring or receipt of a child
for the purpose of exploitation shall be considered "trafficking in persons"
even if this does not involve any of the means set forth in subparagraph (a)
of this article;
(d) "Child" shall mean any person under eighteen years of age.
Senator Loren Legarda, in her sponsorship speech, stated that the "Anti-Trafficking
Act will serve as the enabling law of the country‘s commitment to [the] protocol."59
Senator Luisa Ejercito Estrada also delivered a sponsorship speech and described
trafficking in persons as follows:
Trafficking in human beings, if only to emphasize the gravity of its hideousness, is
tantamount to modern-day slavery at work. It is a manifestation of one of the most
flagrant forms of violence against human beings. Its victims suffer the brunt of this
insidious form of violence. It is exploitation, coercion, deception, abduction, rape,
physical, mental and other forms of abuse, prostitution, forced labor, and indentured
servitude.
....
As of this time, we have signed the following: the Convention on the Elimination of
all Forms of Discrimination Against Women; the 1995 Convention on the Rights of
the Child; the United Nations Convention on the Protection of Migrant Workers and
their Families; and the United Nations‘ Resolution on Trafficking in Women and
Girls, among others.
Moreover, we have also expressed our support for the United Nations‘ Convention
Against Organized Crime, including the Trafficking Protocol in October last year.
At first glance, it appears thatwe are very responsive to the problem. So it seems.
Despite these international agreements, we have yet to come up with a law that shall
squarely address human trafficking.60
During the interpellation of Republic Act No. 9208, then numbered as Senate Bill
No. 2444, Senator Teresa Aquino-Oreta asked if there was a necessity for an anti-
trafficking law when other laws exist that cover trafficking. 61
Senator Luisa Ejercito Estrada explained:
At present, Mr. President, the relevant laws to the trafficking issue are the Revised
Penal Code, Republic Act No. 8042 or the Migrant Workers and Overseas Filipino
Act, R[epublic] A[ct] No. 6955 or the Mail-Order Bride Act, and Republic Act No.
8239 or the Philippine Passport Act. These laws address issues such as illegal
recruitment, prostitution, falsification of public documents and the mail-order bride
scheme. These laws do not respond to the issue of recruiting, harboring or
transporting persons resulting in prostitution, forced labor, slavery and slavery-like
practices. They only address to one or some elements of trafficking independent of
their results or consequence.62(Emphasis supplied)
Thus, Republic Act No. 9208 was enacted in order to fully address the issue of
human trafficking. Republic Act No. 9208 was passed on May 12, 2003, and
approved on May 26, 2003.
II.
Elements of trafficking in persons
The elements of trafficking inpersons can be derived from its definition under
Section 3(a) of Republic Act No. 9208, thus:
(1) The actof "recruitment, transportation, transfer or harbouring, or receipt
of persons with or without the victim‘s consent or knowledge, within or
across national borders."
(2) The means used which include "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; and
(3) The purpose of trafficking is exploitation which includes "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." 63
On January 28, 2013,Republic Act No. 1036464 was approved, otherwise known as
the "Expanded Anti-Trafficking in Persons Act of 2012." Section 3(a) of Republic
Act No. 9208 was amended by Republic Act No. 10364 as follows:
SEC. 3. Section 3 of Republic Act No. 9208 is hereby amended to read as follows:
"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. (Emphasis supplied)
Under Republic Act No. 10364, the elements of trafficking in persons have been
expanded to include the following acts:
(1) The act of "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;"
(2) The means used include "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"
(3) The purpose of trafficking includes "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" (Emphasis supplied)
The Court of Appeals found thatAAA and BBB were recruited by accused when
their services were peddled to the police who acted as decoys. 65 AAA was a child at
the time that accused peddled her services.66 AAA also stated that she agreed to work
as a prostitute because she needed money.67 Accused took advantage of AAA‘s
vulnerability as a child and as one who need money, as proven by the testimonies of
the witnesses.68
III.
Knowledge or consent of the minor is not a defense under Republic Act No. 9208.
Accused claims that AAA admitted engaging in prostitution even before May 2,
2008. She concludes that AAA was predisposed to having sex with "customers" for
money.69 For liability under our law, this argument is irrelevant. As defined under
Section 3(a) of Republic Act No. 9208, trafficking in persons can still becommitted
even if the victim gives consent.
SEC. 3. Definition of Terms.— As used in this Act:
a. Trafficking in Persons - refers to the recruitment, transportation, transfer
or 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 persons,
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 ata 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 or receipt of a child for the
purpose of exploitation shall also be considered as "trafficking in persons" even if it
does not involve any of the means set forth in the preceding paragraph. 70 (Emphasis
supplied)
The victim‘s consent is rendered meaningless due to the coercive, abusive, or
deceptive means employed by perpetrators of human trafficking. 71 Even without the
use of coercive, abusive, or deceptive means, a minor‘s consent is not given outof his
or her own free will.
Section 4 of Republic Act No. 9208 enumerates the different acts of trafficking in
persons. Accused was charged under Section 4(a), which states:
SEC. 4. Acts of Trafficking in Persons.— It shall be unlawful for any person, natural
or judicial, to commit any of the following acts.
a. To recruit, transport, transfer, harbor, provide, 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, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;72
Republic Act No. 9208 further enumerates the instances when the crime of
trafficking in persons is qualified.
SEC. 6. Qualified Trafficking in Persons.— The following are considered as
qualified trafficking: a. When the trafficked person is a child;
b. When the adoption is effected through Republic Act No. 8043, otherwise
known as the "Inter-Country Adoption Act of 1995" and said adoption is for
the purpose of prostitution, pornography, sexual exploitation,forced labor,
slavery, involuntary servitude or debt bondage;
c. When the crime is committed by a syndicate, or in large scale.
Trafficking is deemed committed by a syndicate if carried out by a group of
three (3) or more persons conspiring or confederating with one another. It is
deemed committed in large scale if committed against three (3) or more
persons, individually or as a group;
d. When the offender is an ascendant, parent, sibling, guardian or a person
who exercise authority over the trafficked person or when the offense is
committed by a public officer or employee;
e. When the trafficked person is recruited to engage in prostitution with any
member of the military or law enforcement agencies;
f. When the offender is a member of the military or law enforcement
agencies; and
g. When by reason or on occasion of the act of trafficking in persons, the
offended party dies, becomes insane, suffers mutilation or is afflicted with
Human Immunod eficiency Virus (HIV) or the Acquired Immune
Deficiency Syndrome (AIDS). (Emphasis supplied) 73
Section 3 (b) of Republic Act No. 9208 defines "child" as:
SEC. 3. Definition of Terms.— As used in this Act:
....
b. Child- refers to a person below eighteen (18) years of age or one who is over
eighteen (18) but isunable 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.74
Based on the definition of trafficking in persons and the enumeration of acts of
trafficking in persons, accused performed all the elements in the commission of the
offense when she peddled AAA and BBB and offered their services to decoys PO1
Veloso and PO1 Luardo in exchange for money. The offense was also qualified
because the trafficked persons were minors.
Here, AAA testified as to how accused solicited her services for the customers
waiting at Queensland Motel. AAA also testified that she was only 17 years old
when accused peddled her. Her certificate of live birth was presented as evidence to
show that she was born on January 27, 1991.
The prosecution was able to prove beyond reasonable doubt that accused committed
the offense of trafficking in persons, qualified by the fact that one of the victims was
a child. As held by the trial court:
[T]he act of "sexual intercourse" need not have been consummated for the mere
"transaction" i.e. that ‗solicitation‘ for sex and the handing over of the "bust money"
of Php.1,000.00 already consummated the said act. 75
IV.
Validity of the entrapment operation
In People v. Doria,76 this court discussed the objective test and the subjective test to
determine whether there was a valid entrapment operation:
. . . American federal courts and a majority of state courts use the "subjective" or
"origin of intent" test laid down in Sorrells v. United States to determine whether
entrapment actually occurred. The focus of the inquiry is on the accused's
predisposition to commit the offense charged, his state of mind and inclination
before his initial exposure to government agents. All relevant facts such as the
accused's mental and character traits, his past offenses, activities, his eagerness in
committing the crime, his reputation, etc., are considered to assess his state of mind
before the crime. The predisposition test emphasizes the accused's propensity to
commit the offense rather than the officer's misconduct and reflects an attempt to
draw a line between a "trap for the unwary innocent and the trap for the unwary
criminal." If the accused was found to have been ready and willing to commit the
offense at any favorable opportunity, the entrapment defense will fail even if a police
agent usedan unduly persuasive inducement.
Some states, however, have adopted the "objective" test. . . . Here, the court
considers the nature of the police activity involved and the propriety of police
conduct. The inquiry is focused on the inducements used by government agents, on
police conduct, not on the accused and his predisposition to commit the crime.For
the goal of the defense is to deter unlawful police conduct. The test of entrapment is
whether the conduct of the law enforcement agent was likely to induce a normally
law-abiding person, other than one who is ready and willing, to commit the offense;
for purposes of this test, it is presumed that a law-abiding person would normally
resist the temptation to commit a crime that is presented by the simple opportunity to
act unlawfully. (Emphasis supplied, citations omitted)77
Accused argued that in our jurisprudence, courts usually apply the objective test in
determining the whether there was an entrapment operation or an
instigation.78 However, the use of the objective test should not preclude courts from
also applying the subjective test. She pointed out that:
Applying the "subjective"test it is worth invoking that accusedappellant procures
income from being a laundry woman. The prosecution had not shown any proof
evidencing accused-appellant‘s history in human trafficking or engagement in any
offense. She is not even familiar to the team who had has [sic] been apprehending
human traffickers for quite some time.79 (Citations omitted)
Accused further argued that the police should have conducted a prior surveillance
before the entrapment operation.
Time and again, this court has discussed the difference between entrapment and
instigation. In Chang v. People,80this court explained that:
There is entrapment when law officers employ ruses and schemes to ensure the
apprehension of the criminal while in the actual commission of the crime. There is
instigation when the accused is induced to commit the crime. The difference in the
nature of the two lies in the origin of the criminal intent. In entrapment, the mens
reaoriginates from the mind of the criminal. The idea and the resolve to commit the
crime comes from him. In instigation, the law officer conceives the commission of
the crime and suggests to the accused who adopts the idea and carries it into
execution.81
Accused contends that using the subjective test, she was clearly instigated by the
police to commit the offense. She denied being a pimp and claimed that she earned
her living as a laundrywoman. On this argument, we agree with the finding of the
Court of Appeals:
[I]t was the accused-appellant who commenced the transaction with PO1 Luardo and
PO1 Veloso by calling their attention on whether they wanted girls for that evening,
and when the officers responded, it was the accused-appellant who told them to wait
while she would fetch the girls for their perusal.82
This shows that accused was predisposed to commit the offense because she initiated
the transaction. As testified by PO1 Veloso and PO1 Luardo, accused called out their
attention by saying "Chicks mo dong?" If accused had no predisposition to commit
the offense, then she most likely would not have asked PO1 Veloso and PO1 Luardo
if they wanted girls.
The entrapment would still be valid using the objective test. The police merely
proceeded to D. Jakosalem Street in Barangay Kamagayan. It was accused who
asked them whether they wanted girls. There was no illicit inducement on the part of
the police for the accused to commit the crime.
When accused was arrested, she was informed of her constitutional rights. 83 The
marked money retrieved from her was recorded in the police blotter prior to the
entrapment operation and was presented in court as evidence.84
On accused‘s alibi thatshe was merely out to buy her supper that night, the Court of
Appeals noted that accused never presented Gingging in court. Thus, her alibi was
unsubstantiated and cannot be given credence.85
With regard to the lack of prior surveillance, prior surveillance is not a condition for
an entrapment operation‘s validity.86 In People v. Padua87 this court underscored the
value of flexibility in police operations:
A prior surveillance is not a prerequisite for the validity of an entrapment or buy-bust
operation, the conduct of which has no rigid or textbook method. Flexibility is a trait
of good police work. However the police carry out its entrapment operations, for as
long as the rights of the accused have not been violated in the process, the courts will
not pass on the wisdom thereof. The police officers may decide that time is of the
essence and dispense with the need for prior surveillance. 88 (Citations omitted)
This flexibility is even more important in cases involving trafficking of persons. The
urgency of rescuing the victims may at times require immediate but deliberate action
on the part of the law enforcers.
V.
Imposition of fine and award of damages
The Court of Appeals properly imposed the amount of 2,000,000.00. Section 10 (b)
of Republic Act No. 9208 provides that:
SEC. 10. Penalties and Sanctions.— The following penalties and sanctions are
hereby established for the offenses enumerated in this Act:
....
c. 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
(₱2,000,000.00) but not more than Five million pesos (₱5,000,000.00);
However, we modify by raising the award of moral damages from ₱150,000.0089 to
₱500,000.00. We also award exemplary damages in the amount of ₱100,000.00.
These amounts are in accordance with the ruling in People v. Lalli 90 where this court
held that:
The payment of ₱500,000 as moral damages and ₱100,000 as exemplary damages
for the crime of Trafficking in Persons as a Prostitute finds basis in Article 2219 of
the Civil Code, which states:
Art. 2219. Moral damages may be recovered in the following and analogous cases:
(1) A criminal offense resulting in physical injuries;
(2) Quasi-delicts causing physical injuries;
(3) Seduction, abduction, rape, or other lascivious acts;
(4) Adultery or concubinage;
(5) Illegal or arbitrary detention or arrest;
(6) Illegal search;
(7) Libel, slander or any other form of defamation;
(8) Malicious prosecution;
(9) Acts mentioned in Article 309;
(10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34,
and 35.
....
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 one‘s consent and to be sexually violated four to
five times a day by different strangers is horrendous and atrocious. There is no doubt
that Lolita experienced physical suffering, mental anguish, fright, serious anxiety,
besmirched reputation, wounded feelings, moral shock, and social humiliation when
she was trafficked as a prostitute in Malaysia. Since the crime of Trafficking in
Persons was aggravated, being committed by a syndicate, the award of exemplary
damages is likewise justified.91
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 life‘s 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.
But this is not all that we have done. By fulfilling our duties, we also express the
hope that our people and our government unite against everything inhuman. We
contribute to a commitment to finally stamp out slavery and human trafficking.
There are more AAA's and BBBs out there. They, too, deserve to be rescued. They,
too, need to be shown that in spite of what their lives have been, there is still much
good in our world.
WHEREFORE, premises considered, we AFFIRM the decision of the Court of
Appeals dated June 27, 2013, finding accused Shirley A. Casio guilty beyond
reasonable doubt of violating Section 4(a), qualified by Section 6(a) of Republic Act
No. 9208, and sentencing her to suffer the penalty of life imprisonment and a fine of
₱2,000,000.00, with the MODIFICATION that accused-appellant shall not be
eligible for parole under Act No. 4103 (Indeterminate Sentence Law) in accordance
with Section 3 of Republic Act No. 9346.92
The award of damages is likewise MODIFIED as follows:
Accused is ordered to pay each of the private complainants:
(1) ₱500,000.00 as moral damages; and
(2) ₱100,000.00 as exemplary damages.
SO ORDERED.
G.R. No. 211721
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee
vs.
WILLINGTON RODRIGUEZ y HERMOSA, Accused-Appellant
DECISION
MARTIRES, J.:
We resolve Willington Rodriguez y Hermosa's (Rodriguez) appeal assailing the 5
December 2013 Decision1 of the Court of Appeals (CA) in CA-G.R. CR-HC No.
05335. The CA affirmed Rodriguez's conviction for qualified trafficking in persons,
in violation of Republic Act (R.A.) No. 9208, otherwise known as the Anti-
Trafficking in Persons Act of 2003.
THE FACTS
Rodriguez was charged before the Regional Trial Court, Branch 81 of Quezon City
(RTC), in an information which reads:
That on or about the 8th day of August 2006, in Quezon City, Philippines, the above-
named accused, did then and there willfully, unlawfully and feloniously recruit,
transport, harbor, provide, introduce or match for money for the purpose of
prostitution, pornography or sexual exploitation, the following trafficked persons,
namely ELSINE (sic) DELA CRUZ y BEATRIZ, ASHLEY MADRIGAL y
RAMOS and JOSEPHINE CRUZ y ROMAN.
The offense was committed in large scale as it was committed against three (3) or
more trafficked persons, individually or as a group. 2
During his arraignment, Rodriguez pleaded not guilty.3 The evidence for the
prosecution is anchored solely on the testimony of Police Officer I Raymond Escober
(PO1 Escober), on the joint sworn affidavit of the arresting officers dated 9 August
2006,4 and on a photocopy of the pre-marked ~500.00 bill.5
According to his testimony, at around 11 :00 P.M. on 8 August 2006, PO1 Escober
was at the police station preparing for the police operation called Oplan Bugaw for
the purpose of eliminating prostitution on Quezon Avenue in Quezon City.6 PO1
Escober, designated to pose as customer, was accompanied by P02 Reynaldo
Bereber (P02 Bereber) as his backup, and Police Inspector Pruli James D. Lopez
(P/lnsp. Lopez).7
While parking their vehicles at the target area, PO1 Escober was flagged down by
Rodriguez who allegedly offered the sexual services of three (3) pickup girls.8 PO1
Escober readily gave Rodriguez the pre-marked ₱500.00 bill as payment.9 This
signaled his backup to enter the scene and aid in the arrest. PO1 Escober then
retrieved the pre-marked bill.10
Thereafter, the officers brought Rodriguez and the three (3) pickup girls to the police
station.
In his defense, Rodriguez denied that he had offered a girl for sexual purposes to
PO1 Escober.11 He said that he was only selling cigarettes on Quezon Avenue when
he was arrested by the police officers.12 He only found out that he was being accused
of human trafficking after he was brought to the City Hall. 13
The Ruling of the Trial Court
In its 18 October 2011 Decision,14 the RTC found Rodriguez guilty beyond
reasonable doubt of large-scale trafficking. The dispositive portion reads:
WHEREFORE, premises considered, the Court finds accused WILLINGTON
RODRIGUEZ y HERMOSA guilty beyond reasonable doubt of the offense as
charged [Violation of Republic Act 9208 committed in a large scale] and is hereby
sentenced to suffer the penalty of life imprisonment and to pay a fine of
₱2,000,000.00.15
The trial court held that Rodriguez's acts of offering sex to PO1 Escober, calling the
three (3) pickup girls for him to choose from, and receiving money are clearly acts of
human trafficking.16 It gave more weight to the positive testimony of POl Escober
over Rodriguez's unsubstantiated denial.17 Likewise, the trial court noted that PO1
Escober had no improper motive to falsely testify against the accused. 18 Finally, it
held that absent ill motive, the presumption of regularity in the performance of duty
must prevail.19
The trial court explicitly said:
The acts of the accused in offering sex to PO1 Escober, calling the three [3] pick-up
girls so that he could choose from them and receiving money therefor are clearly acts
of human trafficking or trafficking in persons defined and penalized under Sec. 10
[c] of R.A. No. 9208.
Accused denied the charge[s] by testifying that he was in front of McDonalds
Restaurant in Quezon A venue selling cigarettes.
Where there is positive identification of the accused as the perpetrators of the crime,
their defense of denial and alibi cannot be sustained.
Denial and alibi, unsubstantiated by clear and convincing evidence, are self-serving
and hardly deserve greater evidentiary weight than the declaration of witnesses on
affirmative defenses. (citations omitted)
Accused likewise testified that while he was selling cigarettes, PO1 Escober grabbed
him and together with his fellow police officer[s], they brought him to Police Station
2 where he was investigated and subsequently charged contrary to the testimony of
PO1 Escober that it was the accused who flagged the vehicle they were riding in and
offered sex.
There is no improper motive that could be imputed to PO 1 Escober that he would
falsely testify against the accused. The absence of evidence as to an improper motive
entitles PO1 Escober's testimony to full faith and credit.
The testimony of police officers carried with it the presumption of regularity in the
performance of official functions.
In the absence of ill motive, the presumption of regularity in the performance of the
policeman's official duty must prevail. (citations omitted)
The Arguments of the Accused
On appeal, Rodriguez anchored his defense on the failure of the prosecution to
present any evidence that would establish that he recruited, transported, or
transferred the alleged three (3) women for the purpose of prostitution. 20These
women, in fact, were not presented in court and neither did they execute any sworn
statement.21
Rodriguez also faulted the prosecution for not presenting the original marked money
despite the fact that it was in P/Insp. Lopez's possession.22 In addition, the
prosecution did not present any evidence of the alleged request from the barangay
officials to get rid of prostitutes in the area.23
Finally, Rodriguez maintained that the testimony of PO1 Escober was not
corroborated by any of his companions who allegedly took part in the operations.24
The Assailed CA Decision
Unmoved, the CA affirmed the trial court's decision and gave great weight to its
factual findings. It likewise found no merit in the arguments raised by Rodriguez, to
wit:
The non-presentation of the three women is not fatal to the prosecution. Unlike in
illegal recruitment cases, where the victim will part money against the recruiter, [w]e
cannot expect the three women to give something to herein accused-appellant. On
the contrary, it may be accused-appellant who would have to give them their
proportionate share for every successful transaction. Thus, they cannot be expected
to take an active part in the case, since they are relatively not adversely affected. In
other words, testifying or executing an affidavit against accused-appellant would be
of no value to them. Accused-appellant himself admitted the presence of three
women when he was being cross-examined, viz:
Q: [PROS. TORRALBA]: Did he also grab the three (3) women whom you
introduced to him?
A: No, sir.
With respect to the non-presentation of the request of the barangay officials, the
same is not a material element of the offense. Neither should the police operation
depend on it. To think otherwise would open the floodgates of abuse as law enforcers
will only move if there are requests from the people. They will become passive
instead of becoming proactive.
The non-presentation of the original of the marked money does not weaken the case,
nor destroy the presumption of regularity of performance of duty. For one, it is also
impossible that the crime of human trafficking be committed even without the money
being paid, as when the potential customer did not proceed with the transaction or
was not able to choose from among the girls presented to him. Secondly, POl
Escober is categorical in his testimony that he prepared the same and had it initialed
with "R" and "E" at the forehead of Ninoy Aquino [on the ₱500 peso bill], the letters
being the initials of his name.
POl Escober positively identified accused-appellant. Neither could accused-appellant
impute ill-motive against him. All that he could offer is his denial which is not
corroborated by any other testimonial evidence. Following our "unbending"
jurisprudence, such positive identification prevails over denial and is in fact
sufficient for conviction.25(citations omitted)
OUR RULING
The appeal is meritorious.
It is a basic rule that the conviction of the accused must rest not on the weakness of
the defense but on the strength of the prosecution. This is premised on the
constitutional presumption that the accused is innocent unless his guilt is proven
beyond reasonable doubt. This standard is demanded by the due process clause of the
Constitution which protects the accused from conviction except upon proof beyond
reasonable doubt of every fact necessary to constitute the crime he is charged with. 26
Proof beyond reasonable doubt does not, of course, mean such degree of proof as,
excluding the possibility of error, to produce absolute certainty.
Only moral certainty is required, or that degree of proof which produces conviction
in an unprejudiced mind. In other words, the conscience must be satisfied that the
accused is responsible for the offense charged.27 Reasonable doubt does not refer to
any doubt or a mere possible doubt because everything in human experience is
subject to possible doubt. Rather, it is that state of the case which, after a comparison
of all the evidence, does not lead the judge to have in his mind a moral certainty of
the truth of the charge. Where there is reasonable doubt as to the guilt of the accused,
there must be an acquittal. 28
Rodriguez was charged and convicted for qualified trafficking in persons under
Section 4(a), in relation to Section 6(c), of R.A. No. 9208, which read:
Section 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, transport, transfer, harbor, provide, 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, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
xxxx
Section 6. Qualified Trafficking in Persons. - The following are considered qualified
trafficking:
xxxx
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is
deemed committed by a syndicate if carried out by a group of three (3) or more
persons conspiring or confederating with one another. It is deemed committed in
large scale if committed against three (3) or more persons, individually or as a group;
Section 3(a)29 provides the elements of trafficking in persons: (1) the ruj of
recruitment, transportation, transfer or harboring, or receipts of persons with or
without the victim's consent or knowledge, within or across national borders; (2)
the means used which include "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; and (3) the purpose of
trafficking is exploitation which includes "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."30
A careful review of the records shows that the prosecution failed to prove the
presence of these elements beyond reasonable doubt, nor did we find the second and
third elements proven by the prosecution.
A review of emerging jurisprudence on human trafficking readily shows that a
successful prosecution, to a certain extent, relies greatly on entrapment
operations.31 Thus, just like in any operation that involves capturing the perpetrator
in flagrante delicto, the testimonies of the apprehending officers on what transpired
are crucial for a conviction. In People v. Casio, 32 having similar factual
circumstances with the case at hand, the Court upheld the conviction of the accused
for qualified human trafficking. In that case, the accused came up to the police
officers and asked if they were interested in young girls. After receiving a positive
response, the accused picked up two (2) minor girls and presented them to the police
officers. Thereafter, they all proceeded to the motel room where the accused was
arrested.
The case before us differs from the Casio case where more than one (1) credible
witness, the minor victims, were presented in court by the prosecution, and allowed
to testify on the circumstances on how they were recruited by the accused and later
offered for sex in exchange for money. Significantly, the testimony of PO1 Escober
in the case before us lacks the material details to convince us that Rodriguez had
committed human trafficking.
In the instant case, only PO1 Escober testified as to the actual unfolding of
circumstances which led him to believe that Rodriguez was committing human
trafficking. On cross-examination, PO1 Escober testified that:
Q: And what was the accused doing at that time when you first saw [him]?
A: He stopped us and he offered us the services of prostitutes.
Q: To whom was this offered?
A: To me, sir.
xxxx
Q: While on board the Toyota Revo, can you tell this [c]ourt how [did] the
transaction transpire?
A: When we were flagged down, I opened [the] window of the car and he offered us
a woman.
Q: And could you tell this Honorable Court what exactly the accused already told
you?
A: "Sir, sir, babae,sir."
Q: And what was your reaction, Mr. Witness?
A: I responded, "Magkano ang ibabayad ko?"
Q: So, it would be correct to state that when the accused [said], "Sir, sir, babae, sir,"
she was offering to you [a] woman?
A: Yes, sir.
Q: And because of that interpretation of yours, you asked him again the cost?
33
A: Yes, sir. (italics supplied)
Surprisingly, the circumstances about the initial contact between PO1 Escober and
Rodriguez and their negotiations came out only during crossexamination. PO1
Escober's direct testimony showed the fact that he had in his possession the pre-
marked ₱500.00 bill and that he was able to retrieve it from Rodriguez after the
arrest. There was no mention about how Rodriguez allegedly called on the three (3)
pickup girls and offered them for sexual purposes.
The exchanges between PO1 Escober and Rodriguez would suggest that PO1
Escober already knew what Rodriguez meant when he said "Sir, sir, babae, sir," and
thus assumed that Rodriguez was offering women for sex. However, his testimony is
bare as to the fact that the offer of women was explicitly for sexual purposes. It also
lacked the necessary details on how Rodriguez allegedly called on the pickup girls to
display them for PO1 Escober to choose from.
We must remember that suspicion, no matter how strong, must never sway judgment.
It is pivotal in criminal cases that we evaluate the evidence for the prosecution
against the required quantum of evidence in criminal cases. When there is reasonable
doubt, the evidence must be interpreted in favor of the accused. Under the equiPO1se
rule, if the evidence admits two interpretations, one of which is consistent with guilt,
and the other with innocence, the accused must be given the benefit of the doubt and
should be acquitted.34
Apart from the deficient testimony of PO1 Escober, the prosecution did not bother to
present the testimonies of the alleged victims.1âwphi1 It is grossly erroneous to say
that "the non-presentation of the three women is not fatal to the prosecution." Their
testimonies that they were sexually exploited against their will through force, threat
or other means of coercion are material to the cause of the prosecution. These
women would be in the best position to say that Rodriguez had recruited or used
these women by giving them payments or benefits in exchange for sexual
exploitation. To rely solely on the testimony of PO1 Escober as basis for convicting
Rodriguez would run riot against logic and reason, and against the law. To sustain
this whimsical reasoning would encourage anyone to accuse a person of "trafficking
in persons" or of any other crime, without presenting the material testimony of the
alleged victim. Given that PO1 Escober's testimony is missing on material details,
the prosecution should have presented in court at least one of the three (3) women
that indeed they were sexually exploited or recruited by the accused for prostitution
as alleged in the information. Even a neophyte police officer of the lowest rank
would be stupefied why PO1 Escober and the two (2) other police officers allegedly
with him failed to get the statements of the alleged victims while they were under
police custody after the entrapment operation.
Although the finding of guilt based on the testimony of a lone witness is not
uncommon, the testimonies of P/Insp. Lopez and P02 Bereber would have helped the
prosecution prove the crime. Corroborative evidence is necessary when there are
reasons to warrant the suspicion that the witness falsified the truth or that his
observation had been inaccurate.35 Again, PO1 Escober' s lone testimony lacked the
material details to establish all the elements of the crime which the prosecution,
unfortunately, only took cognizance of.
The only possible evidence that could explicitly prove the necessary elements of the
offense charged would be the joint sworn affidavit executed by the arresting officers.
Even if this document were to be considered, we remain unconvinced that the three
(3) women were offered to PO1 Escober particularly for sexual purposes. Still, it
would fail to convince us that this piece of evidence would not help the prosecution
meet the degree of proof required in criminal cases because a sworn statement cannot
be fully relied upon. We are not unmindful that affidavits are usually abbreviated and
inaccurate; oftentimes, an affidavit is incomplete and results in inconsistencies with
the declarant's testimony in court. 36
All said, absent any direct or circumstantial evidence to prove with moral certainty
that Rodriguez had offered three (3) women to PO1 Escober, his appeal warrants an
acquittal. The gravamen of the crime of human trafficking is not so much the offer of
a woman or child; it is the act of recruiting or using, with or without consent, a
fellow human being for sexual exploitation. In this case, the prosecution miserably
failed to prove this.37
We are reminded that the overriding consideration in criminal cases is not whether
the court doubts the innocence of the accused but whether it entertains a reasonable
doubt as to his guilt. 38 Where there is reasonable doubt as to the guilt of the accused,
he must be acquitted even though his innocence may be doubted since the
constitutional right to be presumed innocent until proven guilty can only be
overthrown by proof beyond reasonable doubt.39 To conclude, because of this doubt
that lingers in our mind, Rodriguez must be acquitted. Pursuant to Rodriguez's
guaranteed right to be presumed innocent under the Bill of Rights, it is our
constitutional duty to free him.

WHEREFORE, the appeal is GRANTED. The 5 December 2013 Decision of the

Court of Appeals in CA-G.R. CR-H.C. No. 05335 is hereby REVERSED and SET
ASIDE. For failure of the prosecution to prove his guilt beyond reasonable doubt,
WILLINGTON RODRIGUEZ y HERMOSA is hereby ACQUITTED of the offense
charged. His IMMEDIATE RELEASE from detention is hereby ORDERED,
unless he is being held for another lawful cause.

Let a copy of this Decision be furnished to the Director of the Bureau of Corrections
in Muntinlupa City for immediate implementation. The Director shall submit to this
Court, within five (5) days from receipt of the copy of the Decision, the action taken
thereon.

SO ORDERED.