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Manila
Surigao Extension Campus
Surigao City
By:
RAFFY M. LAFUENTE
JD-IV
INTRODUCTION
wanting to stop it. The Philippines is not spare from this problem, as a matter of fact it
ranks as one of those countries with high recorded cases. In particular, Mindanao is
the favorite hub of the traffickers where poverty and human greed are prevalent in this
area.
both local and internationals but most human trafficking cases follow same pattern
although it may vary from one case to another. According to the report of United
Nations Office of Drugs and Crime (UNODC) , Human Trafficking is an act whereby
people are abducted or recruited in a country of origin; (2) transferred through transit
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
over another person for the purpose of exploitation which includes at a minimum, the
On the basis of the definition given in the foregoing, it appears that there are three
constituent elements.
receipt of persons.
The Means (How it is done) - Threat or use of force, coercion, abduction, fraud,
The Purpose (Why it is done) - For the purpose of exploitation, which includes
It is unfortunate that most of us Filipinos are not aware of the elements of the said
crime. Probably, there might be instances that in our presence the act has been
unaware that human trafficking already takes place. Thus, occurrence of unrecorded
Apparently, the Port of Lipata, Surigao City has been identified as one of the human-
smuggling transit points in the Mindanao. The Port of Lipata connects Mindanao and
Visayas through a RoRo Terminal System. Some of the victims from across the
Mindanao are being transported to Luzon and Visayas through this port facility.
There are already a number of recorded intercepted cases of Human Trafficking at the
Port of Lipata. That’s why, sometime on 2007, the Philippine Ports Authority with the
aid of US government built a half-way house at the Port of Lipata. The facility serves
a temporary holding area for women and children who have been victims of human-
took over the operation of the half-way house facility as part of their mission to
detecting human trafficking acts and skills on how to address as such if confronted
with the situation. Likewise, the half-way house facility is no longer operating as it used
The researcher believes that there are already a number of unrecorded cases that
occured at the Port Lipata and even worst these are still happening even up to this
moment but remain undetected due to the lack of awareness and knowledge by the
personnel working at the Port of Lipata on the acts constituting trafficking in persons
The researcher further believes that it is through this study that the gaps between the
actual cases whether recorded or unrecorded due to the increasing awareness of the
It’s been called the “modern day slavery”. Philippines is in the cusp of this global
concern because it is identified as a source, transit and destination country for men,
women and children trafficked for the purposes of labor and sexual exploitation. Since
the passage of the law in 2003, the number of cases trafficking has steadily increased
which can be attributed to the growing awareness of the public of the many forms of
The Republic Act (R.A) 9208, also known as the Anti-trafficking in Persons Act of 2003,
persons, and provides penalties for its violations. In 2012, the R.A 9208 was amended
through the R.A. 10364 also known as the Expanded Anti-Trafficking in Persons Act.
The United Nations Convention against Transnational Organized Crime (UN CTOC)
was adopted and opened for signature, ratification and accession 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.
On December 14, 2000, the Philippines signed the United Nations Protocol to Prevent,
(Trafficking Protocol). This was ratified by the Philippine Senate on September 30,
2001. The Trafficking Protocol entry into force was on December 25, 2003. [People of
There are (3) inter-related and interdependent elements that must be present for a
achieved by one of the means and both must be linked to achieving the exploitative
purpose. If any one of the three (3) elements is absent, then the situation may not
persons’ even if it does not involve any of the means mentioned. [ Commission on
The Three (3) categories of trafficking in persons and its punishable acts are:
exploitation;
consideration, any person or, as provided for under Republic Act No.
6955, any Filipino woman to a foreign national, for marriage for the
bondage;
Philippines or abroad;
including but not limited to, the act of buying and/or selling a child for any
means, including the use of information technology and the internet, of any
persons;
To assist in the conduct of misrepresentation or fraud for purposes of
registration and services for departing persons for the purpose of promoting
trafficking in persons;
To facilitate, assist or help in the exit and entry of persons from/to the
To knowingly benefit from, financial or otherwise, or make use of, the labor
labor or slavery;
case;
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
person who exercises authority over the trafficked person or when the
HIV or AIDS;
When the offender commits one or more violations over a period of sixty
(60) or more days, whether those days are continuous or not; and
When the offender directs or through another manages the trafficking victim
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
May or may not involve Usually does not involve Usually does not involve
coercion, fraud, coercion but uses more coercion
deception, abuse of deception, promises and
vulnerability, etc. fraud
Characterized by Characterized by Characterized by
subsequent exploitation facilitating entry of one facilitating, for a fee, the
after illegal entry of one person from one country illegal entry of a person
person from one place to to another through an intro a foreign country
another or one country to unauthorized ir unlicensed
another agency
There is a need to prove Mere recruitment without Proof of illegal entry by
the presence of license is punishable, no none compliance with the
exploitation or that the need to prove the necessary requirements
recruitment was facilitated consequential exploitation for travel
for the purpose of
exploitation
Considered a human Considered a migration Considered a migration
rights issue concern concern
access to mental health care and services for male victims; increase efforts to achieve
involving child victims; increase efforts to investigate and prosecute officials for
trafficking victims, especially children, and prosecute labor trafficking cases; expand
justice proceedings; develop and implement programs aimed at reducing the demand
for commercial sex acts, including child sex tourism and online child sexual
trafficking victims that may be provided by the government or NGOs; expand efforts
increase training for community members and military and law enforcement personnel
elements such as type of trafficking and age and sex of identified victims.
conducted a survey on 2003 entitles The Trafficking in Human Beings from the
Philippines: A survey of Government Experts and Law Enforcement Case Files. The
national levels;
standardised forms developed for the purpose. The database must include
countries;
worker’s departure from the Philippines, in the destination country and upon
repatriation;
concerned countries;
Another law which may have a significant impact on the study is the Anti-Mail Order
Spouse Act of 2016.
ANTI-MAIL ORDER SPOUSE ACT OF 2016
Republic Act 10906 is an act providing stronger measures against unlawful practices,
businesses, and schemes of matching and offering Filipinos to foreign nationals for
The Act repeals Republic Act 6955 or the Anti-Mail Order Bride Act. The salient
features of the new law are the inclusion of Filipino men against acts of matching for
through the use of internet; confiscation and forfeiture of proceeds and instruments
derived from committing the prohibited acts in favor of the government; provision on
its violation.
DEFINITION OF TERMS
The following are terminologies and words that are helpful in this study provided for in
RA 10364:
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
control over another person for the purpose of exploitation which includes at a
organs.
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,
disability or condition.
"(c) Prostitution – refers to any act, transaction, scheme or design involving the use of
"(d) Forced Labor – refers to the extraction of work or services from any person by
bondage or deception including any work or service extracted from any person under
"(e) Slavery – refers to the status or condition of a person over whom any or all of the
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,
and withholding salaries, or the abuse or threatened abuse of the legal process.
utilizing and offering escort and sexual services as enticement for tourists. This
includes sexual services and practices offered during rest and recreation periods for
benefits to achieve the consent of a person having control over another person; or in
"(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.
"(k) Council – shall mean the Inter-Agency Council Against Trafficking created under
The Primer on RA 9208 by the Commission on Filipino Overseas defines the following:
k. Forced Labor – refers to the extraction of work or services from any person by
bondage or deception including any work or service extracted from any person under
l. Debt Bondage – refers to the pledging by the debtor of his/her personal services or
labor or those 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.
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,
and withholding salaries, or the abuse or threatened abuse of the legal process.
n. Slavery – refers to the status or condition of a person over whom any or all of the
In sum, this study aims to determine the level of awareness of the Personnel
working at the Port of Lipata, Surigao City in Detecting Human Trafficking Cases.
RESEARCH METHODOLOGY
In this chapter, the researcher discusses the research design, target participants,
instrument for data collection, scope and limitations, conceptual framework and
RESEARCH DESIGN
The researcher chose a survey research design because it best served to answer
The survey research is one which a group of people or items is studied by collecting
and analyzing data from only a few people or items considered to be representative of
the entire group. In other words, only a part of the population is studied, and findings
TARGET PARTICIPANTS
The prospective participants for this research defined to include the Philippine Ports
Operator Personnel, Cargo Handling Operation Personnel, and the Porters working
at the Port of Lipata, since these are the personnel that are primarily involve in the
In this study, the accessible participants comprised all personnel working at the Port
of Lipata. Table 1 below presents a record of the number of personnel working at the
PERSONNEL
Provider
Instruments
In the conduct of this study, the researcher will be using survey type of questionnaires
The questionnaire (see appendix I) was designed by the researcher intended primarily
This study will be limiting and focusing on the results of the survey questionnaires
and interview that will be conducted to the subject participants at the Port of Lipata.
Conceptual Framework
The schematic figure (see appendix II) reflects the following input variables:
3.) Knowledge on the services available for trafficked persons and protection to be
On the other hand, the evaluation criteria involves the conduct of descriptive survey,
analysis using statistical tools on the basis of RA 10364 which serves as the guidelines
The results would recommend actions from the government or private sector to
increase the level of awareness of people working at the Port of Lipata regarding the
Human Trafficking.
Schematic Figure
Evaluation
Input Output
Criteria
RA 9208 Anti-
Trafficking In
Persons Act of 2003
as amended by RA
10364 Expanded
Anti-Trafficking in
Persons Act of 2012