Summary of The Expanded Anti-Trafficking in Persons Act of 2012 (Republic Act No. 10364, 23 July 2012)

SPECIAL PROJECT ON PERSONS AND FAMILY RELATIONS (PFR) SUBJECT
1st Year 1st Semester
Student : Guerrero, Grandeur P.G.

Freshman, Juris Doctor
Professor : Hon. Judge Eugene C. Paras
Summary of the Expanded Anti-Trafficking in Persons

Act of 2012
(Republic Act No. 10364, 23 July 2012)
The Expanded Anti-Trafficking in Persons Act of 2012, or

Republic Act 10364 is an act that institutes policies to eliminate
trafficking in persons especially women and children. Also, it
establishes the necessary mechanisms to protect and support
trafficked persons, and provides penalties thereof.
R.A. 10364 is said to be an expanded and strengthened

version of the Anti-Trafficking in Persons Act of 2003 (R.A 9208)
and the new law now covers attempted trafficking, as well as
accomplice and accessory liabilities.
In the new law, the following acts are now considered

human trafficking:
 recruitment of domestic/overseas employment for sexual

exploitation;
 forced labor or involuntary debt bondage;
 recruitment of Filipino woman to marry a foreigner;
 recruitment for sex tourism;
 recruitment for organ removal; and
 recruitment of a child to engage in armed activities
abroad.
THREE CATEGORIES OF TRAFFICKING IN PERSONS
Acts of Trafficking in Persons
1. Recruiting, obtaining, hiring, providing, offering,

transporting, transferring, maintaining, harbouring,
or receiving 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;
2. Recruiting any Filipino woman to marry a foreign
national for the purpose of acquiring, buying,
offering, selling him/her to engage in prostitution,
pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
3. Undertaking or organizing tours and travel plans for
the purpose of sex tourism;
4. Maintaining or hiring a person for prostitution or
pornography;
5. Exploiting children in terms of:
6. Recruiting children for use in armed conflict;
7. Child prostitution/pornography;
8. Using, procuring or offering of a child for the
production and trafficking of drugs; and
9. Using, procuring or offering of a child for illegal
works or activities.
Acts that Promote Trafficking
1. Leasing/sub-leasing, using or allowing any house,

building, or establishment for the purpose of
trafficking in persons;
2. producing, print and issuing unissued, tampered or
fake counseling certificates, registration stickers and
certificates of any government agency which issue
such certificates, for the purpose of trafficking;
3. advertising, publishing, printing or broadcasting by
any means, including the use of information
technology, any propaganda that promotes
trafficking in persons;
4. facilitating, assisting or helping in the exit and entry
of persons from/to the country at international and
local airports who have fraudulent travel documents
for the purposes of promoting trafficking in persons;
5. confiscating, concealing or destroying the passport,
travel documents of trafficked persons in furtherance
of trafficking to prevent them from leaving the
country;
6. benefiting from, financial or otherwise, the labor
services of a person held to a condition of
involuntary servitude, forced labor or slavery; and
7. Utilizing his or her office to impede the investigation,
prosecution or execution of lawful orders in a case
under this Act.
Qualified Trafficking
The following are an act of qualified trafficking:
1. When the trafficked person is a child;

2. When the adoption is for the purpose of prostitution,
pornography, sexual exploitation and the like;
3. When the crime is committed by a syndicate;
4. When the offender is a spouse, an ascendant,
parent, sibling, guardian or a person who exercises
authority over the trafficked person;
5. When the offender is a member of the military or law
enforcement agency; and
6. When by reason or occasion of the act, the offended
party dies, becomes insane, or been afflicted by HIV-
AIDS
7. When the offender commits one or more violations
of Section 4 over a period of sixty or more days,
continuous or not; and
8. When the offender directs or through another
manages the trafficking victim in carrying out
exploitative purpose of trafficking.
Who may file a case?
The following persons may file cases of trafficking in

persons:
1. trafficked person;
2. the parents, spouse, siblings, children or legal guardian of
the trafficked person; and
3. Anyone who has personal knowledge of the crime.
Who may be punished for trafficking in persons?
Any person, natural or juridical, found guilty of trafficking

under R.A 10364 may be punished.
If the offender is a corporation, partnership, association,

club, establishment or any juridical persons, the penalty shall be
imposed upon the owner, president, partner, manager, and/or
any responsible officer who participated in the commissions of the
crime, or who knowingly permitted or failed to prevent is
commission.
If the offender is a foreigner, he or she shall be immediately

deported after serving his/her sentence and barred from entering
the country.
Prescriptive Period
Trafficking cases can be filed within 10 years after they are

committed. If trafficking is committed by a syndicate or on a large
scale, cases can be filed within 20 years after the commission of
the act. The so-called “prescriptive period” is counted from the
day the trafficked person is delivered or released from the
conditions of bondage.
In the case of a child victim, the prescriptive period starts

from the day the child reaches the age of majority.

Summary of The Expanded Anti-Trafficking in Persons Act of 2012 (Republic Act No. 10364, 23 July 2012)

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SPECIAL PROJECT ON PERSONS AND FAMILY RELATIONS (PFR) SUBJECT

1st Year 1st Semester

Student : Guerrero, Grandeur P.G.

Summary of the Expanded Anti-Trafficking in Persons

The Expanded Anti-Trafficking in Persons Act of 2012, or

R.A. 10364 is said to be an expanded and strengthened

In the new law, the following acts are now considered

 recruitment of domestic/overseas employment for sexual

Acts of Trafficking in Persons

1. Recruiting, obtaining, hiring, providing, offering,

Acts that Promote Trafficking

1. Leasing/sub-leasing, using or allowing any house,

The following are an act of qualified trafficking:

1. When the trafficked person is a child;

The following persons may file cases of trafficking in

Who may be punished for trafficking in persons?

Any person, natural or juridical, found guilty of trafficking

If the offender is a corporation, partnership, association,

If the offender is a foreigner, he or she shall be immediately

Trafficking cases can be filed within 10 years after they are

In the case of a child victim, the prescriptive period starts

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