Expanded Anti-Trafficking Act of 2012

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Questions and Answers

Which of the following are considered unlawful acts under the "Expanded Anti-Trafficking in Persons Act of 2012"? (Select all that apply)

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 (correct)

To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor, or receive a person by any means, for the purpose of prostitution, pornography, or sexual exploitation (correct)

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. (correct)

To maintain or hire a person to engage in prostitution or pornography (correct)

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 (correct)

The "Expanded Anti-Trafficking in Persons Act of 2012" considers the adoption of a child for exploitative purposes (that is, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude, or debt bondage) as a form of trafficking.

True

According to the "Expanded Anti-Trafficking in Persons Act of 2012", someone who is over 18 years old but is unable to fully take care of themselves or protect themselves from harm due to a physical or mental disability is still considered a child in the context of the law.

True

Which of the following terms is NOT defined in the "Expanded Anti-Trafficking in Persons Act of 2012"?

Human trafficking Signup and view all the answers

What type of organization is tasked with the responsibility to establish a central database for anti-trafficking efforts?

The Inter-Agency Council Against Trafficking Signup and view all the answers

What is the minimum period of time within which trafficking cases committed by syndicates or on a large scale, or against a child, shall prescribe?

twenty (20) years Signup and view all the answers

What legal instrument must be provided by a person traveling alone to a foreign country or territory without valid reason to avoid being classified as an attempted case of trafficking?

a written permit or justification from the child's parent or legal guardian Signup and view all the answers

The "Expanded Anti-Trafficking in Persons Act of 2012" explicitly includes the recruitment of a child for use in armed activities as a prohibited act under the definition of trafficking.

True Signup and view all the answers

The "Expanded Anti-Trafficking in Persons Act of 2012" mandates that individuals found guilty of trafficking, in addition to other penalties, shall be permanently barred from holding any form of public office.

True Signup and view all the answers

The "Expanded Anti-Trafficking in Persons Act of 2012" allows for the release of a trafficked person from prosecution or trial if they, or their legal guardian, provide an affidavit of desistance.

False Signup and view all the answers

Study Notes

Republic Act No. 10364 (Expanded Anti-Trafficking in Persons Act of 2012)

Purpose: To eliminate trafficking in persons, especially women and children; to protect and support trafficked persons.

Section 2 (Declaration of Policy)

State Values: Dignity of every human person and respect for individual rights.
Highest Priority: Enactment of measures and development of programs to promote human dignity.
Elimination of Trafficking: Protect people from violence and exploitation.
State Policy: Recognizing equal rights and human dignity of women and men, and adhering to UN declarations and conventions.
Focus: Ensuring recovery, rehabilitation, reintegration of trafficked people into mainstream society.

Section 3 (Definition of Terms)

Trafficking in Persons: Recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, harboring, or receipt of persons in circumstances involving threat or force, or other coercion.
Child: Person below 18 years old, or over 18 with disability preventing self-protection
Prostitution: Sexual intercourse or lascivious conduct in exchange for money, profit or other consideration.
Forced Labor: Extraction of work or services through enticement, violence, intimidation, or threat.
Slavery: Status or condition of a person over whom ownership rights are exercised.
Involuntary Servitude: Condition of enforced and compulsory service due to scheme of harm or coercion.
Sex Tourism: Tourism packages or activities utilizing and offering sexual services.
Sexual Exploitation: Participation in prostitution, pornography or production of pornography.
Debt Bondage: Pledge of personal services or labor as security for debt, unclear duration and service value.

Section 4 (Acts of Trafficking in Persons)

Unlawful Acts: Recruitment, obtaining, transportation, transfer, harboring, maintenance, or receipt of a person for prostitution, pornography, or sexual exploitation; introduction or matching of persons for marriage or other similar acts; arranging tours specifically for trafficking; other associated acts.

Section 5 (Attempted Trafficking in Persons)

Unlawful Acts: Facilitating travel of children to foreign countries without proper authorization, executing affidavits of consent for adoption, recruiting women for childbearing, simulating a birth for sale.

Section 6 (Accomplice Liability)

Penalty: Punishment for aiding, abetting, or cooperating in a trafficking offense.

Section 7 (Accessories)

Penalty: Punishment for those with knowledge of a trafficking crime, without participating directly.

Section 8 (Acts Promoting Trafficking)

Unlawful Acts: Producing, printing, and issuing fake certificates to facilitate trafficking; obstructing investigations related to trafficking.

Section 9 (Qualified Trafficking in Persons)

Factors for Qualified Trafficking: Offenders are spouse, ascendant, parent, sibling, guardian, or a person who exercises authority over the trafficked person. Public official committing the crime.

Section 10 (Penalties and Sanctions)

Penalties: Imprisonment of twenty (20) to forty (40) years, fines of not less than PHP 1,000,000 to PHP 5,000,000.
Revocation: Automatic revocation of recruiters licenses in cases of trafficking
Corporations: If the offender is a corporation, penalties are imposed on the officers involved.
Deportation: Foreigners are deported.

Section 11 (Use of Trafficked Persons)

Penalties: Convictions include fines, imprisonment, and expulsion.

Section 12 (Prescriptive Period)

Limitations: Time limits for prosecuting trafficking crimes.

Section 13 (Legal Protection to Trafficked Persons)

Victims' Protection: Trafficked persons are not penalized for actions taken based on trafficking.

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Description

Explore Republic Act No. 10364, which aims to eliminate trafficking in persons, particularly focusing on the rights and dignity of women and children. The quiz covers the declaration of policy, state values, and definitions related to trafficking. Test your understanding of this critical legislation and its impact on society.