Fa
FaAN AN ORDINORDINANCE ANCE IMPLIMPLEMENTIEMENTING NG AND AND ENFORCENFORCINGING TH
THE E PRPROVOVISISIOIONS NS OF OF REREPUPUBLBLIC IC ACACT T NONO. . 92920808,, OTHERWISE KNOWN AS THE “ANTI-TRAFFICKING IN OTHERWISE KNOWN AS THE “ANTI-TRAFFICKING IN PER
PERSONSONS S ACT ACT OF OF 2002003” 3” ANAND D ITS ITS IMPIMPLEMLEMENTENTINGING RULES AND REGULATIONS,
RULES AND REGULATIONS, PRESCRIBING PENALTIESPRESCRIBING PENALTIES FOR
FOR CERCERTTAIN AIN ACTACTS S OR OR OMISOMISSIONSIONS S VIOLVIOLAATIVE TIVE OFOF THIS ORDINANCE, AND FOR OTHER PURPOSES. THIS ORDINANCE, AND FOR OTHER PURPOSES.
EXPLANATORY NOTE EXPLANATORY NOTE
WHEREAS,
WHEREAS, the the traftrafficfickinking g in in perpersonsons, s, espespecieciallyally wom
women en and childand childrenren, , is is a a reareal l prprobloblem em thathat t demdemandandss proactive and coordinated response at the international, proactive and coordinated response at the international, regional, national, and even local levels;
regional, national, and even local levels;
WHEREAS,
WHEREAS, the Philippine Government declared itsthe Philippine Government declared its full support to the worldwide campaign to fight trafficking full support to the worldwide campaign to fight trafficking in
in pepersrsonons s whwhen en ththe e CoCongngreress ss papassssed ed ReRepupublblic ic AcActt No.9
No.9208, otherwise known as 208, otherwise known as thethe ““Anti-TAnti-Traffickrafficking ing inin Persons Act of 2003”,
Persons Act of 2003”, and whichand which was formally signedwas formally signed into law by the
into law by the President on May 26, 2003;President on May 26, 2003;
WHEREAS,
WHEREAS, R.R.A. A. 929208 08 wawas s enenacacteted d to to ininststititututee pol
policiicies es to to elimeliminainate te tratraffiffickicking ng in in perpersonsons, s, espespecieciallyally wo
womemen n anand d chchilildrdrenen, , to to esestatablblisish h ththe e nenececessssararyy institutional mechanisms for the protection and support of institutional mechanisms for the protection and support of traffi
trafficked personcked persons, s, and to and to provprovide ide penalpenalties for ties for variouvariouss acts of trafficking;
acts of trafficking;
WHEREAS,
WHEREAS,the Implementing Rules and Regulationsthe Implementing Rules and Regulations of
of R.R.A. A. 9209208 8 werwere e dradraftefted d througthrough h a a serseries ies of of natnationionalal cons
consultatioultations ns and and adopadopted ted by by the the InterInter-Ag-Agency ency CounCouncilcil Against Trafficking (IACAT) on September 17, 2003;
Against Trafficking (IACAT) on September 17, 2003;
WHEREAS,
WHEREAS,after four (4) years of implementing R.A.after four (4) years of implementing R.A. 9208 at both national and local levels, there are numerous 9208 at both national and local levels, there are numerous gaps and areas of improvement in the law that have been gaps and areas of improvement in the law that have been id
idenentitifiefied d anand d whwhicich h cacan n be be rerectctififieied d ththrorougugh h lolocacall legislation;
legislation;
WH
WHEREEREAS, AS, the the priprincinciple ple of of loclocal al autautonoonomy my enunciated in Article X of the 1987 Constitution and enunciated in Article X of the 1987 Constitution and the
the pleplenarnary y polpolice ice popower wer of of loclocal al gogoververnmenmentsnts stated in Section 16
stated in Section 16 (General Welfare Clause) of the(General Welfare Clause) of the Local Government Code, when viewed in relation to Local Government Code, when viewed in relation to Sec
Sectiotion n 16(16(j) j) of R.A. 9208 of R.A. 9208 and Sectand Section 19 ion 19 of itsof its Imple
Implementimenting ng RuRules les and and RegRegulatioulations, ns, adequadequately ately justify the local government units (LGUs) in taking justify the local government units (LGUs) in taking
b
booldlder er ststepeps s to to pprorotect tect ththeieir r ininhahabbititanantsts,, pa
particrticulaularly rly womwomen en and and childrchildren en frofrom m nefnefariariousous activities such as trafficking in
activities such as trafficking in persons;persons;
WHEREAS
WHEREAS, the incidences of documented as well as, the incidences of documented as well as unreported cases of trafficking and abuse of minors and unreported cases of trafficking and abuse of minors and women clearly manifest that the human trafficking is a women clearly manifest that the human trafficking is a nagging issue in the Municipality;
nagging issue in the Municipality;
WHEREAS
WHEREAS, , it it is is imimpeperarativtive e ththat at ththis is coconcncerern n bebe direc
directly tly and and effecteffectively addressed by ively addressed by this Sanggunithis Sangguniangang Bayan, in order to prevent the Municipality from becoming Bayan, in order to prevent the Municipality from becoming a source, transit point or destination of trafficking victims; a source, transit point or destination of trafficking victims;
WHEREFORE, PREMISES CONSIDERED,
WHEREFORE, PREMISES CONSIDERED, the localthe local gover
governmennment t of of ________________________________________________deems deems it it urgeurgentnt that the instant legislative measure be promulgated and that the instant legislative measure be promulgated and adopted, pursuant to its duty of promoting the general adopted, pursuant to its duty of promoting the general welfare and its mandate of protecting the well-being of its welfare and its mandate of protecting the well-being of its residents and constituents.
residents and constituents.
Republic of the Philippines Republic of the Philippines Province
Province of of __________________________________________________ Municipality
Municipality of__________of______________________________________________ SANGGUNIANG
SANGGUNIANG BAYBAYANAN ORDINANCE NO._________ ORDINANCE NO._________
(Third Draft) (Third Draft)
AN
AN ORDORDINAINANCE NCE IMPIMPLEMLEMENTENTING ING AND AND ENFENFORCORCINGING TH
THE E PRPROVOVISISIOIONS NS OF OF REREPUPUBLBLIC IC ACACT T NONO. . 92920808,, OTHERWISE KNOWN AS THE “ANTI-TRAFFICKING IN OTHERWISE KNOWN AS THE “ANTI-TRAFFICKING IN PER
PERSONSONS S ACT ACT OF OF 2002003” 3” ANAND D ITS ITS IMPIMPLEMLEMENTENTINGING RULES AND REGULATIONS,
RULES AND REGULATIONS, PRESCRIBING PENALTIESPRESCRIBING PENALTIES FOR
FOR CERCERTTAIN AIN ACTACTS S OR OR OMISOMISSIONSIONS S VIOLVIOLAATIVE TIVE OFOF THIS ORDINANCE, AND FOR OTHER PURPOSES. THIS ORDINANCE, AND FOR OTHER PURPOSES.
BE IT ORDAINED by the Sangguniang Bayan of BE IT ORDAINED by the Sangguniang Bayan of the Mun
the Municipaicipality of lity of ___________________________ in re___ in regular sesgular sessionsion duly assembled, that:
duly assembled, that:
Section 1.
Section 1. Short TitleShort Title. – This Ordinance shall be. – This Ordinance shall be known and/or
known and/or cited cited as as the the ““Anti-Anti-TTrafficrafficking king in in PersPersonsons Ordinance of
Ordinance of ___________________________. “_____. “
Se
Sectiction on 2.2. StStatatememenent t of of PoPolilicicies es anand d Principles
government of _____________________ values the dignity of government of _____________________ values the dignity of every human person and guarantees the
every human person and guarantees the full full respect of respect of in
indidivividudual al ririghghtsts. . TTowowarards ds ththis is enend, d, ththe e mumuninicicipapall government shall give highest priority to the enactment of government shall give highest priority to the enactment of mea
measursures es and and the the devdevelopelopmenment t of of proprogragrams ms thathat t willwill promote human dignity and protect the people from any promote human dignity and protect the people from any threats of violence and exploitation.
threats of violence and exploitation.
T
Thhe e mmuunniicciippaal l ggoovveerrnnmmeennt t oof f ___
_____________________________________ __ likewlikewise ise recogrecognizes nizes its its vital vital role role inin addressing the problem of trafficking in
addressing the problem of trafficking in persons, especiallypersons, especially wom
women en and childand childrenren, , at at the local the local levlevel el by by insinstitutitutintingg policies and programs to prevent, protect and rehabilitate policies and programs to prevent, protect and rehabilitate victims of trafficking.
victims of trafficking.
It
It is is alalso so ththe e ppoolilicy cy of of ththe e mumuninicicippal al go
govevernrnmement nt to to tatakke e a a fifirmrmer er ststanance ce agagaiainsnst t traffi
trafficking in cking in personpersons s by penalizinby penalizing g certaicertain n acts or acts or omissions that can be considered as violations of omissions that can be considered as violations of th
this is OrOrdidinanancnce. e. FFor or ththis is rereasasonon, , ththe e mumuninicicipapal l government is hereby invoking the principle of local government is hereby invoking the principle of local au
autotononomy my emembobodidied ed in in ArtiArticlcle e X X of of ththe e 19198787 Constitution and the plenary police power of local Constitution and the plenary police power of local go
goververnmenments nts expexpressressed ed in in SecSection tion 16 16 (Ge(Generneral al Welfare Clause) of the Local Government Code, in Welfare Clause) of the Local Government Code, in re
relalatition on to to SeSectctioion n 1616(j(j) ) of of R.R.A. A. 92920808, , whwhicichh explicitly mandates LGUs to monitor and document explicitly mandates LGUs to monitor and document trafficking cases and Section 19 of its Implementing trafficking cases and Section 19 of its Implementing Rules and Reg
Rules and Regulations, which clearly directs ulations, which clearly directs LGUs toLGUs to “enac
“enact t ordinordinances or ances or issuaissuances aimed nces aimed at at proviprovidingding prot
protection and ection and suppsupport ort to to trafftraffickicked ed persopersons ns and and adopt measures to prevent and suppress trafficking adopt measures to prevent and suppress trafficking in persons”.
in persons”.
Section 3.
Section 3. Definition of Terms.Definition of Terms. – As used in– As used in this Ordinance:
this Ordinance:
(a)
(a) TTraffirafficking cking in in PersonPersonss – – rerefefers rs to to ththee rec
recruiruitmetment, nt, trantransposportartatiotion, n, transftransfer er or or harharborboringing, , oror recei
receipt of pt of persopersons with ns with or without the or without the victimvictim’s consent or’s consent or knowledge, within or across national borders by means of knowledge, within or across national borders by means of th
threreat at or or uuse se of of foforcrce, e, or or ototheher r foformrms s of of cocoerercicionon,, abduction, fraud, deception, abuse of power or of position, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the giving or receiving of payments or benefits to achieve the consent of a person having control over another person consent of a person having control over another person forfor the purpose of exploitation which includes at a minimum, the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms the exploitation or the prostitution of others or other forms
of
of sexusexual al exploexploitationitation, , forcforced ed labor or labor or servicservices, slavery,es, slavery, servitude, or the removal or sale of organs.
servitude, or the removal or sale of organs.
Th
The e rerecrcruituitmementnt, , trtrananspsporortattationion, , tratransnsfefer,r, ha
harbrbororining g or or rrececeieipt pt of of a a chilchild d fofor r ththe e pupurprposose e of of exp
exploitloitatioation n shshall all alsalso o be be conconsidsidereered d as as “tr“traffaffickicking ing inin perso
persons” even if ns” even if it does not it does not involvinvolve any e any of the means setof the means set forth in the preceding paragraph.
forth in the preceding paragraph.
(b)
(b)ChildChild– refers to a person below eighteen (18)– refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is unable years of age or one who is over eighteen (18) but is unable to fully take care of or protect himself/herself from abuse, to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of neglect, cruelty, exploitation, or discrimination because of physical or mental disability or condition.
physical or mental disability or condition.
(c)
(c) ProstitutionProstitution – refers to any act, transaction,– refers to any act, transaction, sc
schehememe, , or or dedesisign gn ininvovolvilving ng the the ususe e of of a a pepersrson on byby anoth
another, for er, for sexuasexual l interintercourscourse e or or lascivlascivious conducious conduct t inin exchange for money, profit or any other consideration. exchange for money, profit or any other consideration.
(d)
(d) ForcForced ed Labor and Labor and SlaveSlaveryry – refer to the– refer to the extraction of work or services from any person by means extraction of work or services from any person by means of enticement, violence, intimidation or
of enticement, violence, intimidation or threat, use of forcethreat, use of force or
or coercoercion, includcion, including ing deprideprivation of vation of freedfreedom, abuse om, abuse of of au
auththororitity y or or momoraral l asascecendndanancycy, , dedebtbt-b-bonondadage ge oror deception.
deception.
(e)
(e)Sex TourismSex Tourism – refers to a program organized– refers to a program organized by
by trtravavel el anand d totoururisism-m-rerelatlated ed esestatablblisishmhmenents ts anandd in
indidivividudualals s whwhicich h coconsnsisists ts of of totoururisism m papackckagages es oror activities, utilizing and offering escort and sexual services activities, utilizing and offering escort and sexual services as
as enticeenticements for ments for touristourists. This ts. This incluincludes des sexusexual al servicserviceses and practices offered during rest and recreation periods and practices offered during rest and recreation periods for members of
for members of the military.the military.
(f)
(f) Sexual ExploitationSexual Exploitation – – referrefers s to to particparticipationipation by
by a a pepersrson on in in prprosostititututition on or or ththe e prprododucuctition on of of pornographic materials as a result of being subjected to a pornographic materials as a result of being subjected to a thre
threat, at, decepdeception, tion, coercoercion, abductioncion, abduction, , forcforce, e, abusabuse e of of authority, debt-bondage, fraud, or through abuse of victim authority, debt-bondage, fraud, or through abuse of victim ‘s vulnerability.
‘s vulnerability.
(g)
(g)Debt BondageDebt Bondage– refers to the pledging by the– refers to the pledging by the deb
debtor tor of of hishis/he/her r perpersonsonal al servicservices es or or lablabor or thothose se of of aa person under his/her control as security or payment for a person under his/her control as security or payment for a debt, when the length and nature of services is not clearly debt, when the length and nature of services is not clearly defined or when the value of the services as reasonably defined or when the value of the services as reasonably assessed is not applied toward the liquidation of the debt. assessed is not applied toward the liquidation of the debt.
(h)
(h) PornographyPornography – refers to any representation,– refers to any representation, through publication, exhibition, cinematography, indecent through publication, exhibition, cinematography, indecent shows, information technology, or by whatever means, of shows, information technology, or by whatever means, of a
a perperson engagson engaged ed in in reareal l or or simsimulaulated ted expexpliclicit it sexsexualual activities or any representation of the sexual parts of a activities or any representation of the sexual parts of a person for primarily sexual purposes.
person for primarily sexual purposes.
(i) Local Comm
(i) Local Committeittee e – – refrefers to ers to the Local the Local Committee on Anti-Trafficking and Violence Against Committee on Anti-Trafficking and Violence Against Women and their Children (LCATVAWC) established Women and their Children (LCATVAWC) established under Section 7 of this Ordinance.
under Section 7 of this Ordinance.
(j) Local Ta
(j) Local Task sk FForcorce e – – refrefers to ers to the Local the Local Jo
Joint int TTask ask FForcorce e AgaAgainsinst t TTrafrafficfickinking g in in PePersorsonsns (L
(LJTJTFFAATPTP) ) crcreaeateted d unundeder r SeSectctioion n 13 13 of of ththisis Ordinance.
Ordinance.
(k
(k) ) CoCoununcil cil – – rerefefers rs to to ththe e InInteter-r-AgAgenency cy Council Against Trafficking in Persons (IACAT).
Council Against Trafficking in Persons (IACAT).
Section 4.
Section 4. Act Acts s PunPunishabishable le under R.A. under R.A. No.No. 9208.
-9208. - (a) The following shall be unlawful and penalized(a) The following shall be unlawful and penalized as
asacts of trafficking in personsacts of trafficking in persons::
1.
1. TTo reo recruit, cruit, transptransport, ort, transtransfer; fer; harboharbor, pr, providrovidee or receive a person by any means, including or receive a person by any means, including those done under the pretext of domestic or those done under the pretext of domestic or ov
overerseseas as emempploloymymenent t or or trtraiainnining g oror a
apppprreenntticiceesshhipip, , ffoor r tthhe e ppuurprpoosse e oof f pros
prostitutititution, on, pornpornograpography, hy, sex sex exploexploitationitation,, force labor, slavery, involuntary servitude or force labor, slavery, involuntary servitude or debt bondage.
debt bondage.
2.
2.
T To o intrintroducoduce e or or matcmatch h for money, profit, orfor money, profit, or materimaterial, al, econoeconomic mic or or other consideraother consideration,tion, any person or, as
any person or, as provided for under Republicprovided for under Republic Act No.6955, any Filipino woman to a foreign Act No.6955, any Filipino woman to a foreign nat
nationional, al, for for marmarriagriage e for for the the purpurpospose e of of acquiring, buying, offering, selling, or trading acquiring, buying, offering, selling, or trading him/her for prostitution, pornography, sexual him/her for prostitution, pornography, sexual e
expxploloititatatioionn, , ffororceced d lalabboror, , sslalaveveryry,, involuntary servitude or debt bondage.
involuntary servitude or debt bondage. 3
3.. TTo o ooffffeer r oor r ccoonntrtraacct t mmaarrririaagge, e, rreeaal l oorr si
simumulatlateded, , fofor r ththe e purppurposose e of of acacququiririning,g, buying, offering, selling, or trading them to buying, offering, selling, or trading them to p
prroossttiittuuttiioonn, , ppoorrnnooggrrapaphhyy, , sseexxuuaall ex
explploioitatatitionon, , foforcrced ed lalabobor, r, or or slslavaverery,y, involuntary servitude, or debt bondage. involuntary servitude, or debt bondage.
4.
4. TTo o unundedertrtakake e or or ororgaganinize ze totoururs s anand d trtravavelel plans consi
plans consisting of sting of touristourism or m or activitactivities fories for the purpose of utilizing and offering persons the purpose of utilizing and offering persons fo
for r prprosostittitututioion, n, popornrnogograraphphy y or or sesexuxualal exploitation.
exploitation. 5.
5. TTo o mamainintatain or hirin or hire e a a pepersrson to engon to engagage e inin prostitution or pornography.
prostitution or pornography. 6.
6. TTo adopo adopt, or fact, or facilitilitate thate the adope adoption otion of persf personsons for the purpose of prostitution, pornography, for the purpose of prostitution, pornography, sex
sexual ual expexploitloitatiation, on, forced forced lablabor, or, slaslaveryvery,, involuntary servitude, or debt bondage. involuntary servitude, or debt bondage. 7.
7. TTo recro recruituit, hir, hire, adoe, adopt, trpt, transansporport or abdut or abduct act a person, by means of threat or use of force, person, by means of threat or use of force, f
frarauudd, , ddececeieit, t, viviololenencce, e, ccoeoerrccioion n oror int
intimiimidatidation on for for the the purpospurpose e of of remremoval oroval or sale of organs of the said person.
sale of organs of the said person. 8
8.. TTo o rrececruruitit, , trtranansspoport rt or or adadopopt t a a cchhilild d toto engage in armed activities in the Philippines engage in armed activities in the Philippines or abroad.
or abroad.
(b
(b) ) ThThe e fofollollowiwing ng shshalall l alalso so be be ununlalawfwful ul anandd penalized as
penalized asacts that promote trafficking in persons:acts that promote trafficking in persons:
1.
1. TTo knoo knowinwingly lgly leasease or sue or sublebleasease, us, use or alle or allowow t
to o bbe e uusseedd, , aanny y hohouussee, , bbuuiildldining g oorr establishment for the purpose of promoting establishment for the purpose of promoting trafficking in persons.
trafficking in persons.
2.
2. TTo o prprododucuce, to prine, to print and isst and issue or disue or distritribubutete un
unisissusueded, , tatampmperered ed or or fafake ke cocoununseselilingng ce
certrtifificicatateses, , reregigiststraratition on ststicickkerers s anandd certificates of any government agency which certificates of any government agency which issues these certificates and stickers as proof issues these certificates and stickers as proof of
of compcompliance with liance with govergovernment regulatornment regulatoryy an
and d prpre-e-dedepapartrturure e rereququirirememenents ts fofor r ththee purpose promoting trafficking in persons. purpose promoting trafficking in persons.
3.
3. TTo o adadvevertrtisise, e, pupublblisish, h, prprinint, t, brbroaoadcdcasast t oror di
diststribributute, e, or or cacaususe e ththe e adadververtistisememenent,t, pu
publblicicatatioion, n, prprinintiting, ng, brbroaoadcdcasastiting ng oror distribution by any means, including the use distribution by any means, including the use of information technology and the internet, of of information technology and the internet, of an
any y brbrocochuhurere, , flflyeyer, r, or or anany y prpropopagaganandada material that promotes trafficking in
4.
4. TTo assiso assist in the cont in the conducduct of misrt of misreprepresenesentatitationon or
or frfrauaud d fofor r pupurprpososes es of of fafacicilitlitatiating ng ththee acquisition of clearances and necessary exit acquisition of clearances and necessary exit docu
documents from ments from govergovernment agencies nment agencies thatthat ar
are e mamandndateated d to to prprovovidide e prpre-e-dedepapartrtururee re
regigiststraratiotion n anand d seservrvicices es fofor r dedepapartrtiningg pe
persrsonons s fofor r ththe e pupurprposose e of of prpromomototiningg trafficking in persons.
trafficking in persons.
5.
5. TTo o fafacicililitatatete, , assiassist or st or hehelp in lp in ththe e exexit andit and en
entry try of of pepersrsonons s frfromom/ / to to ththe e cocoununtrtry y atat int
internernatioational nal and and loclocal al airpairportorts, s, terterritritoriaoriall b
bouounndadariries es anand d sseaeappororts ts whwho o arare e inin po
possssesessision on of of ununissuissueded, , tatampmperered ed oror fraudulent travel documents for the purpose fraudulent travel documents for the purpose of promoting trafficking in persons.
of promoting trafficking in persons.
6
6.. TTo o ccoonnffisisccaatete, , ccoonncceaeall, , oor r ddeessttrrooy y tthhee pa
passsspoportrt, , trtravavel el dodocucumementnts s or or pepersrsononalal do
docucumementnts s or or bebelolongnginings gs of of trtrafaffifickckeded per
personsons s in in furfurthetheranrance ce of of tratraffiffickicking ng or or toto pr
prevenevent t thethem m frfrom om leavinleaving g the the coucountrntry y oror see
seekinking g redredresress s frfrom om the the govgovernernmenment t oror appropriate agencies; and
appropriate agencies; and
7
7.. TTo o knknowowininggly ly bbenenefefit it frfromom, , fifinananncciaial l oorr ot
otheherwirwisese, , or or mamake ke ususe e ofof, , ththe e lablabor or oror services or a person held to a condition of services or a person held to a condition of in
invovoluluntntarary y seservirvitutudede, , foforcrced ed lablaboror, , oror slavery.
slavery.
(c)
(c) ThThe e folfollowilowing ng are are conconsidsidereered d asas qualifiedqualified trafficking in persons:
trafficking in persons:
1.
1. WhWhen ten the the trafrafficfickeked ped persorson is n is a cha childild;;
2
2.. WWhhen en ththe e adadopoptition on is is efeffefeccteted d ththrrouougghh Republic Act No. 8043, otherwise known as Republic Act No. 8043, otherwise known as the “Inter-Country Adoption Act of 1995” and the “Inter-Country Adoption Act of 1995” and s
saaid id aaddoopptitioon n iis s ffoor r tthhe e ppuurrppoosse e oof f p
prroossttiittuuttiioonn, , ppoorrnnooggrrapaphhyy, , sseexxuuaall e
expxploloititatatioionn, , ffororceced d lalabboror, , sslalaveveryry,, involuntary servitude or debt bondage;
involuntary servitude or debt bondage;
3.
3. WhWhen then the cre crime iime is cos commimmitted tted by a sby a synyndicdicate,ate, or
or in in lalargrge e scscalale. e. TTrarafffficickinking g is is dedeememeded committed by a syndicate if carried out by a committed by a syndicate if carried out by a group of three (3) or more persons conspiring group of three (3) or more persons conspiring
or
or coconfnfedederaeratiting ng witwith h one one ananototheherr. . It It isis d
deeeemmed ed ccomommmititteted d in in lalarrge ge scscalale e if if committed against three (3) or more persons, committed against three (3) or more persons, individually or as a
individually or as a group;group;
4.
4. WhWhen the ofen the offefendnder is an ascer is an ascenendadantnt, par, parenent,t, siblin
sibling, guardian or g, guardian or a a persoperson n who exerciwho exercisese auth
authority over ority over the traffickthe trafficked person or ed person or whenwhen the offense is committed by a public officer the offense is committed by a public officer or employee;
or employee;
5.
5. WhWhen en ththe e trtrafaffifickcked ed pepersrson is on is rerecrcruiuiteted d toto engage in prostitution with any member of engage in prostitution with any member of the military or law enforcement agencies; the military or law enforcement agencies;
6
6.. WWhheen n tthhe e ooffffeennddeer r iis s a a mmemembbeer r oof f tthhee military or law enforcement agencies; and military or law enforcement agencies; and
7.
7. WhWhen by ren by reaeasoson or on on or on occccasasioion of thn of the act oe act of f tra
traffiffickicking ng in in perpersonsons, s, the the offoffendended ed parpartyty dies, becomes insane, suffers mutilation or is dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus afflicted with Human Immunodeficiency Virus (HI
(HIV) V) or or the the AcAcquiquired red ImmImmunune e DefDeficiiciencencyy Syndrome (AIDS).
Syndrome (AIDS).
(d)
(d) Confidentiality.Confidentiality. – – AAt t anany y sstatagge e of of ththee investigation, prosecution and trial of an offense under RA investigation, prosecution and trial of an offense under RA 9208, law enforcement officers, prosecutors, judges, court 9208, law enforcement officers, prosecutors, judges, court perso
personnel and nnel and medicmedical al pracpractitionetitioners, as rs, as well as well as partieparties s toto th
the e cacasese, , shshalall l rerecocogngnizize e ththe e rigright ht to to prprivivacacy y of of ththee trafficked person and the accused. Towards this end, law trafficked person and the accused. Towards this end, law enforcement officers, prosecutors and judges to whom the enforcement officers, prosecutors and judges to whom the complaint has been referred may, whenever necessary to complaint has been referred may, whenever necessary to en
ensusure re a a fafair ir anand d imimpapartrtiaial l prprococeeeedidingng, , anand d afafteterr considering all circumstances for the best interest of the considering all circumstances for the best interest of the parties, order a closed-door investigation, prosecution or parties, order a closed-door investigation, prosecution or tr
trialial. . ThThe e naname me anand d pepersrsononal al cicircrcumumststananceces s of of ththee tr
trafaffifickcked ed pepersrson on or or of of ththe e acacccususeded, , or or anany y ototheherr information tending to establish their identities and such information tending to establish their identities and such circumstances or information shall not be disclosed to the circumstances or information shall not be disclosed to the public.
public.
In cases when prosecution or trial is conducted behind In cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful for any editor, publisher, closed-doors, it shall be unlawful for any editor, publisher, and
and repreportorter er or or colcolumumnisnist t in in cascase e of of priprintented d matmateriaerials,ls, ann
announouncer cer or or prproduoducer cer in in case case of of teletelevisvision ion and and radradio,io, pr
prododucucer er anand d diredirectctor or of of a a filfilm m in in cacase se of of ththe e momoviviee ind
information technology to cause publicity of any case of information technology to cause publicity of any case of trafficking in persons.
trafficking in persons.
(e) Any person who buys or engages the services (e) Any person who buys or engages the services of trafficked persons for prostitution shall be penalized for of trafficked persons for prostitution shall be penalized for use of trafficked persons
use of trafficked persons..
Sectio
Section n 5.5. PenaPenalties under R.A. lties under R.A. No. 9208.No. 9208. –– The afore-mentioned acts shall be penalized in accordance The afore-mentioned acts shall be penalized in accordance with the provisions of Sections 10 and 11 of Republic Act with the provisions of Sections 10 and 11 of Republic Act No. 9208.
No. 9208.
Sectio
Section n 6.6. Role of the Local Government of Role of the Local Government of _______________________.
_______________________. – – IIn n oorrddeer r to to hheellp p iin n tthhee international and national efforts to address the problem international and national efforts to address the problem of
of trtrafaffifickckining g in in pepersrsonons, s, ththe e lolocacal l gogovevernrnmement nt of of __________
_________________shall implement programs, services _______shall implement programs, services andand activities that will contribute to the prevention, protection activities that will contribute to the prevention, protection and rehabilitation of trafficked persons in the municipality, and rehabilitation of trafficked persons in the municipality, pursuant to Section 16(j) of
pursuant to Section 16(j) of R.A. No. 9208 and Section19 of R.A. No. 9208 and Section19 of its Implementing Rules and Regulations.
its Implementing Rules and Regulations.
Sectio
Section n 7.7. Implementing Implementing AgencyAgency.. – – (a) The(a) The Local Committee on Anti-Trafficking and Violence Against Local Committee on Anti-Trafficking and Violence Against W
Womeomen n and and thetheir ir ChiChildrldrenen (LCATVAWC)(LCATVAWC) shshall all be be ththee pr
primimarary y ararm m of of ththe e mumunicinicipapal l gogovevernrnmement nt in in ththee implementation of the provisions of R.A. No. 9208 and this implementation of the provisions of R.A. No. 9208 and this Ordinance.
Ordinance. Its Its comcompospositiition on shall shall incincludlude, e, but but not not limited to the following:
limited to the following:
Chair
Chair: : TThhe e MMuunniicciippaal l MaMayyoorr, , oor r hhiiss//hheerr representative
representative
Vi
Vice ce ChChairair: : ThThe e CChhaiair r of of ththe e SaSangngggununiaiann committee on women and family
committee on women and family
Members Members::
Municipal Social Welfare Officer (MSWO)Municipal Social Welfare Officer (MSWO)
Municipal Planning OfficerMunicipal Planning Officer
MuMuninicicipapal l GoGovevernrnmement nt OpOpereratatioionsns
Officer Officer
Municipal Health Officer Municipal Health Officer
Municipal Employment Services Officer Municipal Employment Services Officer
Chief of the local Philippine National PoliceChief of the local Philippine National Police (PNP)
(PNP)
President of the Liga ng mga BarangayPresident of the Liga ng mga Barangay
PrPresesididenent t of of ththe e SaSangngguguninian an KaKababatataanan Federation
Federation
GAD Focal PersonGAD Focal Person
LCPC RepresentativeLCPC Representative
Three (3) NGOs or faith-based organizations, Three (3) NGOs or faith-based organizations, which have a proven record of working for which have a proven record of working for and advocati
and advocating the ng the rightrights s and concernand concerns s of of wo
womemen, n, chchilildrdren en anand d ovovererseseas as FFiliilipipinono workers.
workers.
(b) The committee shall convene at least once a (b) The committee shall convene at least once a month, and it may call for such special sessions as it may month, and it may call for such special sessions as it may deem necessary
deem necessary. A majority . A majority of its members shall constituteof its members shall constitute a quorum to conduct official business.
a quorum to conduct official business.
(c) The MSWO shall serve as the secretariat (c) The MSWO shall serve as the secretariat of theof the Local Committee.
Local Committee.
S
Secectition on 8.8. FFuunncctti oi onns s oof f t ht he e LLoocca l a l Committee.
Committee. – – The The exiexististing ng LoLocal cal ComCommittmittee ee on on AnAnti- ti-Violence Against Women and their Children shall address Violence Against Women and their Children shall address and cons
and consideider r the followthe following agending agenda, a, in in addadditioition n to to itsits present functions and duties:
present functions and duties:
a.
a. FoFormurmulate tlate the cohe comprmpreheehensinsive anve and inted integragratedted municipal program to prevent and suppress municipal program to prevent and suppress trafficking in persons
trafficking in persons b
b.. CCoooorrddininaatte e tthhe e imimpplelemmeennttaattioion n oof f tthhee mu
muninicicipapal l gogovevernrnmementnt’s ’s prprogograrams ms anandd activities on anti-trafficking, as enumerated activities on anti-trafficking, as enumerated under Sections 6, 10, 11, 12, 13, 14, 15, and under Sections 6, 10, 11, 12, 13, 14, 15, and 16 of this Ordinance
16 of this Ordinance c.
c. DisDiscucuss wiss with nth neigeighbhborinoring LGUg LGUs the s the viaviabilbility oity of f grouping together and pooling resources for grouping together and pooling resources for a more effective delivery of the mandatory a more effective delivery of the mandatory services under RA 9208
services under RA 9208 d.
d. RRececomommemend relend relevavant polint policicies es or or lelegigislslatiativeve measures to the
measures to the Sanggunian BayanSanggunian Bayan e.
e. LeLead thad the pree prepaparatratioions anns and actid activivitieties for thes for the celebration of December 12 of every year as celebration of December 12 of every year as “National Day
“National Day Against TAgainst Trafficking”rafficking” f
f.. CoCondnducuct t anand/d/or pror provovidide e fofor r ththe e trtraiainining of ng of LGU
LGU perpersonsonnel nel invinvolvolved ed in in antanti-tri-traffaffickickinging programs and/or activities
g.
g.
EstabEstablish lish aa sex- sex- and and age-dage-disaggisaggregatregated ed data base on cases of trafficking in persons data base on cases of trafficking in persons h.h. SuSubmibmit an t an annannual ual repreport tort to tho the Coe Coununcilcil i.
i. PePerforform rm sucsuch oth other her relrelateated fd funcunctiontions or s or tastasksks as may be imposed by law or ordinance. as may be imposed by law or ordinance.
Section 9.
Section 9. Monitor and document cases of Monitor and document cases of trafficking in persons.
trafficking in persons. – (a) The municipal government– (a) The municipal government shall monitor and document cases of trafficking in persons shall monitor and document cases of trafficking in persons within its territorial jurisdiction.
within its territorial jurisdiction.
(b) Any person who has any knowledge or learns (b) Any person who has any knowledge or learns of facts or circumstances that give rise to a reasonable of facts or circumstances that give rise to a reasonable be
belielief f ththat a at a pepersrson will on will bebe, , or or mamay y bebe, , or or hahas s bebeenen trafficked shall immediately report the same, either orally trafficked shall immediately report the same, either orally or
or in in wrwrititining g or or ththrorougugh h ototheher r memeanans s to to ththe e LoLocacall Committee, the nearest police or law enforcement agency, Committee, the nearest police or law enforcement agency, or the Municipal Social Welfare Office (MSWO).
or the Municipal Social Welfare Office (MSWO).
(c)
(c) The The MunMuniciicipal pal HeaHealth lth OffOffice ice shashall ll liklikewisewisee assist in the monitoring function by reporting to the police assist in the monitoring function by reporting to the police or law enforcement officers or the MSWO any suspected or law enforcement officers or the MSWO any suspected cas
cases es of of traftrafficfickinking g in in personpersons s for for pupurporposes ses of of sexsexualual explo
exploitationitation, , incidincident ent to to the the condconduct uct of of the the STD/STD/HIV/HIV/AIDSAIDS monitoring test, daily hygiene check-up and other similar monitoring test, daily hygiene check-up and other similar medical examinations.
medical examinations.
(d) The concerned local government officers shall (d) The concerned local government officers shall also contribute to the monitoring function by reporting to also contribute to the monitoring function by reporting to the police or law enforcement officers or the MSWO any the police or law enforcement officers or the MSWO any suspected cases of trafficking in persons for purposes of suspected cases of trafficking in persons for purposes of forc
forced ed labor, slavery or labor, slavery or involuinvoluntary servitudntary servitude, e, incidincident toent to the conduct of inspection of sweatshops, poultry, piggery the conduct of inspection of sweatshops, poultry, piggery and other agricultural structures, or other labor-intensive and other agricultural structures, or other labor-intensive establishments.
establishments.
(e) All other local agencies or offices, including (e) All other local agencies or offices, including ba
bararangngayays, s, rerececeivivining g rerepoportrts s of of sususpspecected ted cacaseses s of of trafficking within the municipality, shall furnish the MSWO trafficking within the municipality, shall furnish the MSWO with an incident report for monitoring and documentation with an incident report for monitoring and documentation purposes.
purposes.
(f) The MSWO shall document a reported case of (f) The MSWO shall document a reported case of trafficking in persons in all its stages up to its termination. trafficking in persons in all its stages up to its termination.
Se
Sectctioion n 1010.. ReReporportortorial ial DutDuty y .. – – TThhee LCA
LCATVTVAWAWC, C, throthrough ugh the the MSWMSWO, O, shall submit shall submit an an annuannualal
rep
report ort to to the IACAthe IACAT T on on the the situatsituation ion of of traftrafficfickinking g inin persons within the municipality, as well as on the policies persons within the municipality, as well as on the policies and programs instituted to respond to the problem.
and programs instituted to respond to the problem.
Sectio
Section n 11.11. VisitaVisitation tion PowePowersrs. . – – (a(a) ) AAs s aann inc
incideident nt to to its mandits mandateated d duduty ty undunder er SecSection 9 tion 9 of of thithiss Ord
Ordinainancence, , the the mumunicnicipaipal l govgovernernmenment t shshall all conconducductt ins
inspecpectiotion, n, in in coocoordrdinainatiotion n with with prpropeoper r autauthorhoritieities, s, of of houses, buildings, or establishments
houses, buildings, or establishments reported asreported as beingbeing used for trafficking activities.
used for trafficking activities.
(b
(b) ) ThThe e ununjujuststififiabiable le refurefusasal l of of ththe e owownener r oror person in charge of any house, building, or establishment person in charge of any house, building, or establishment to submit the same for inspection by municipal authorities to submit the same for inspection by municipal authorities shall give rise to the
shall give rise to the prima facie prima faciepresumption of willfullypresumption of willfully imped
impeding and/or ing and/or obstrobstructinucting g the mandated duty of the mandated duty of thethe mu
muninicicipapal l gogovevernrnmement nt to to momoninitotor r anand d dodocucumementnt trafficking cases, and may expose said owner or person in trafficking cases, and may expose said owner or person in ch
chararge ge to to popossssibible le prprososececutution ion fofor r viviolaolatition on of of ththisis Ordinance.
Ordinance.
(c)
(c) The The LocLocal al ComCommitmittee tee shashall ll forformulmulate ate thethe proper guidelines and protocols that will be observed in proper guidelines and protocols that will be observed in the exercise of this power, in order
the exercise of this power, in order to ensureto ensurecompliance.compliance.
Sec
Section tion 12.12. CaCancncelellalatiotion n of of lilicecensnses es of of establishments which violate the provisions of R.A. establishments which violate the provisions of R.A. No. 9208.
No. 9208. – (a) The Office of the Municipal Mayor shall– (a) The Office of the Municipal Mayor shall eff
effect ect the the cancancelcellatilation on or or revrevocaocation tion of of the the bubusinsinessess permits and/or licenses of any individual or establishment permits and/or licenses of any individual or establishment found to have violated the
found to have violated the provisions of R.A. No. 9208.provisions of R.A. No. 9208.
(b) A
(b) All ll indivindividualiduals s or or establishmeestablishments nts applyapplying ing forfor new
new busbusineiness ss perpermitmits s andand/or /or liclicensenses es or or appapplyilying ng forfor renewal thereof shall sign a written undertaking that they renewal thereof shall sign a written undertaking that they shall not employ minors and women who are victims of shall not employ minors and women who are victims of trafficking. Bars, nightclubs, videoke/KTV bars, and other trafficking. Bars, nightclubs, videoke/KTV bars, and other sim
similar ilar estestablablishishmenments ts prproviovidinding g aduadult lt amuamusemsement ent oror entert
entertainmenainment, t, as as well well as as sweatssweatshopshops, , poulpoultry, try, piggpiggeryery and other agricultural structures, or other labor-intensive and other agricultural structures, or other labor-intensive es
estatablblisishmhmenentsts, , shshalall l be be requrequirired ed to to kekeep ep cocopipies es of of Na
Natitiononal al StStatatisistictics s OfOffifice ce (N(NSOSO) ) auauththenenticticateated d bibirtrthh certificates of all employees as proof of age.
certificates of all employees as proof of age.
(c
(c) ) AlAll l boboarardiding ng hohoususeses, , pepensnsioion n hohoususeses,, dor
dormitmitorieories s and and simsimilar ilar estestablablishishmenments ts thathat t prprovidovidee temporary or permanent lodging facilities for the purpose temporary or permanent lodging facilities for the purpose of generating any rental/lease income, shall be required to of generating any rental/lease income, shall be required to
apply for
apply for businbusiness permits and/or licenses. The ess permits and/or licenses. The owner,owner, proprietor or manager of any such establishment applying proprietor or manager of any such establishment applying for new business permits and/or licenses or applying for for new business permits and/or licenses or applying for renewal thereof, shall sign a written undertaking that they renewal thereof, shall sign a written undertaking that they shall not engage in any acts, which promote trafficking shall not engage in any acts, which promote trafficking suc
such h as, but not as, but not limlimiteited d to, allowto, allowing the ing the ususe e of theirof their pr
premiemises ses to to traftrafficfickekers rs and and thetheir ir vicvictimtims. s. The The ownowner,er, manag
manager er or or propproprietor of rietor of such establissuch establishmenhment t shall haveshall have th
the e mamandndatatorory y duduty ty to to rrepeporort t sususpspececteted d cacaseses s of of trafficking to the LCATVAWC.
trafficking to the LCATVAWC.
(d) The refusal and/or failure to sign the (d) The refusal and/or failure to sign the above-mentioned undertaking, or the subsequent violation of the mentioned undertaking, or the subsequent violation of the same, or the failure to keep employees’ birth certificates same, or the failure to keep employees’ birth certificates as
as reqrequiruired ed ununder der parparagragraph (b), aph (b), or or the the pospossessessiosion n of of falsified birth certificates in the records of employment, falsified birth certificates in the records of employment, sha
shall ll conconstitstitute a ute a grgrounound d for for the immedthe immediate deniaiate denial l oror cancellation of the business permit and/or license of the cancellation of the business permit and/or license of the individual or establishment concerned.
individual or establishment concerned.
Section 13.
Section 13. Ensure effective prosecution of Ensure effective prosecution of trafficking cases.
trafficking cases. – – (a) The (a) The munimunicipal governmcipal government shallent shall ensu
ensure the re the effecteffective prosecuive prosecution of tion of cases of cases of traffitrafficking incking in persons committed within its territorial jurisdiction.
persons committed within its territorial jurisdiction.
(b) For
(b) For thithis s purpurpospose, e, thethere re shashall ll be be crecreateated d aa Lo
Local cal JoiJoint nt TTask ask FoForce rce AgaAgainst inst TTrafrafficfickinking g in in PePersorsonsns (LJTFATP) to be composed of: (1) the Municipal Attorney, (LJTFATP) to be composed of: (1) the Municipal Attorney, or in his/her absence, the Chair of the sanggunian or in his/her absence, the Chair of the sanggunian committee on peace and order
committee on peace and order , as chair, and (2) one, as chair, and (2) one perso
personnel/nnel/reprrepresentaesentative tive each each from from the the munimunicipal cipal policepolice off
office, ice, regregionional al offoffice ice of of the the BurBureau eau of of ImmImmigrigratioation,n, regi
regional office onal office of of the National the National BureBureau au of of InvestInvestigatioigation,n, regi
regional office of onal office of the Departmenthe Department t of Social of Social WWelfare andelfare and Development, Municipal Social Welfare Office, Office of the Development, Municipal Social Welfare Office, Office of the State or Municipal Prosecutor, and at least three (3) State or Municipal Prosecutor, and at least three (3) non-government organizations with a track record in working government organizations with a track record in working and/or advocating on the issue of
and/or advocating on the issue of trafficking in persons.trafficking in persons.
(c)
(c) The The LocLocal al TTask ask FoForcrce e shashall ll coocoordirdinatnate e allall effort
efforts s in the in the condconduct of uct of survesurveillanceillance, , investinvestigatioigation n andand res
rescue cue opoperaterationions s of of tratraffiffickicking ng cascases. es. It It shashall ll liklikewisewisee closely collaborate with the LCATVAWC in the formulation closely collaborate with the LCATVAWC in the formulation of plans and programs for the prevention and/or reduction of plans and programs for the prevention and/or reduction of
of traffitrafficking in cking in personpersons. s. For this For this purppurpose, the ose, the LocaLocal l TTaskask Force shall convene at least once a
Force shall convene at least once a month.month.
(d) Within one (1) month from the adoption of this (d) Within one (1) month from the adoption of this Ordinance, the LCATV
Ordinance, the LCATVAWC shall convene a AWC shall convene a meeting with meeting with allall the membe
the members rs of of the Local Tthe Local Task Forcask Force e for the for the spespecifcificic purpose of developing the guidelines and protocols for the purpose of developing the guidelines and protocols for the eff
effectective ive coocoordirdinatnation ion in in the the conconducduct t of of susurveirveillanllance,ce, inv
investiestigatgation ion and and resrescue cue opeoperatirations ons on on tratraffiffickicking ng inin persons.
persons.
(e)
(e) TTo o facfacilitilitate ate the the successuccessfusful l prproseosecutcution ion of of trafficking cases, the LCATVAWC shall establish a witness trafficking cases, the LCATVAWC shall establish a witness prot
protection and support services program for ection and support services program for victimvictims s of of trafficking that shall include, but not be limited to, the trafficking that shall include, but not be limited to, the establishment of a safe house for rescued victims, basic establishment of a safe house for rescued victims, basic welf
welfarare e and legal and legal serservicvices, es, incincententiveives s in in the form the form of of financial support or alternative livelihood opportunities. financial support or alternative livelihood opportunities.
Section 14.
Section 14. Deputizing the barangays.Deputizing the barangays. – (a)– (a) Th
The e mumuninicicipapal l gogovevernmernment nt mamay y dedepuputitize ze ththee ba
bararangngaays ys in in mamainintataininining g reregigiststriries es of of lolocacall residents recruited for employment elsewhere, their residents recruited for employment elsewhere, their re
respspecectivtive e dedestistinanatiotionsns, , ththe e ideidentntititieies s of of ththee recruiters, and other relevant data.
recruiters, and other relevant data.
(
(bb) ) ThThe e bbaarraanngagayys s mmaay y lliikkeewwiisse e bbee authorized to require all prospective recruiters to authorized to require all prospective recruiters to first apply for a barangay permit before engaging in first apply for a barangay permit before engaging in any recruitmen
any recruitment t activiactivities in ties in their respectivtheir respective e areasareas of responsibili
of responsibilityty..
Sectio
Section n 15.15. InfoInformatiormation n campcampaign aign againagainst st trafficking in persons.
trafficking in persons. – (a) The municipal government– (a) The municipal government sh
shalall l unundedertrtakake e an an ininfoformrmatatioion n cacampmpaiaign gn agagainainstst traffi
trafficking in cking in perspersons through the ons through the estabestablishmlishment ent at at thethe muni
municipal hall cipal hall of of the Migrant Advisory and the Migrant Advisory and InforInformationmation Ne
Netwtworork k (M(MAIAIN) N) ddesesksks, , in in ccoooorrdidinnatatioion n wiwith th ththee Dep
Departartmenment t of of IntInterierior or and and LocLocal al GovGovernernmenment t (DI(DILG)LG),, Phi
Philiplippinpine e InfInformormatioation n AgencAgency y (PI(PIA), A), ComCommismissiosion n onon F
Filipilipinoinos s OveOverserseas as (CF(CFO), O), NGONGOs s and and othother er conconcercernedned agencies, organizations and individuals.
agencies, organizations and individuals.
(b)
(b) ThThe e mumunicnicipaipal l govgovernernmenment t shashall ll conconducductt information dissemination activities at the barangay level information dissemination activities at the barangay level and coord
and coordinainate te susuch ch actactivitivities ies with the with the BCPBCPCs Cs and and thethe DILG. Information dissemination activities shall likewise be DILG. Information dissemination activities shall likewise be conducted in schools, churches and communities.
conducted in schools, churches and communities.
(c)
(c) In In parpartnetnershrship ip with the with the PIAPIA, , the municthe municipaipall go
education and communication materials about trafficking education and communication materials about trafficking in persons such as, but shall not be limited to, primers, in persons such as, but shall not be limited to, primers, flyers
flyers, , brocbrochurhures, es, postposters, ers, stickstickers, ers, televistelevision/rion/radio/padio/printrint adv
advertiertisemsementents, s, and and webwebsitsites, es, whiwhich ch shashall ll be be madmadee av
avaiailablable le in in pipiersers, , poportrts, s, aiairprporortsts, , bubus s anand d jeejeepnpneyey te
termrmininalals, s, anand d ototheher r sisimilamilar r plplacaces es whwherere e acacts ts of of trafficking may be committed and/or facilitated.
trafficking may be committed and/or facilitated.
Se
Sectctioion n 1616.. EnEncocoururagage e anand d susupppporort t comm
community-unity-based based initiatinitiatives.ives. – – (a(a) ) ThThe e mumuninicicipapall gov
governernmenment t shashall ll encencourourage age and and supsupporport t comcommunmunityity- -based initiatives which address the issue of trafficking in based initiatives which address the issue of trafficking in persons.
persons.
(b) It shall provide financial support and technical (b) It shall provide financial support and technical assistance to BCPCs and qualified and accredited NGOs assistance to BCPCs and qualified and accredited NGOs and POs that are engaged in activities for the protection, and POs that are engaged in activities for the protection, recovery and reintegration
recovery and reintegrationof victims of trafficking.of victims of trafficking.
Section 17.
Section 17. Mandatory services to trafficked Mandatory services to trafficked persons
persons. – (a) Pursuant to . – (a) Pursuant to Section 23 of R.A. No. 9208, theSection 23 of R.A. No. 9208, the mu
municnicipaipal l govgovernernmenment t shashall, ll, in in coocoordirdinatination on with with thethe con
concercerned ned govgovernernmenment t ageagencincies, es, makmake e avaiavailablable le thethe following mandatory services to
following mandatory services to trafficked persons.trafficked persons.
1.
1. EmeEmergergency sncy shelthelter or aer or apprppropropriate hiate housousinging 2
2.. CCoouunnsseelliinngg 3
3.. FFrree ee leleggal al ssererviviceces, s, whwhicich h shshalall l ininccluluddee information about the victim’s rights and the information about the victim’s rights and the pr
proceocedudure re for for filifiling ng comcomplaplaintints, s, claclaimiimingng compensation and such other legal remedies compensation and such other legal remedies availab
available le to them, to them, in a in a langulanguage understoage understoodod by the trafficked person
by the trafficked person 4.
4. MedMedicaical ol or r psypsychochologlogicaical sl serverviceicess 5.
5. LiLivevelihlihooood and and skd skillills tras trainininingg 6.
6. EduEducatcationional assal assististancance to a trafe to a trafficfickeked chid child.ld.
(b) The Municipal Social Welfare Office shall be (b) The Municipal Social Welfare Office shall be the lead agency in the coordination and provision of (1), the lead agency in the coordination and provision of (1), (2)
(2), , (4)(4), , (5) and (5) and (6)(6). . On the On the othother er hanhand, the d, the MuMunicnicipaipall Attorney’s Office shall lead in providing (3).
Attorney’s Office shall lead in providing (3).
(c) All efforts shall be made to ensure that (c) All efforts shall be made to ensure that the above services will be rendered in child-friendly the above services will be rendered in child-friendly and gender-sensitive manner.
and gender-sensitive manner.
Sec
Section tion 18.18. EnaEnactmctment ent of of supsuppleplemenmental tal ordinances and issuances.
ordinances and issuances.– The municipal government– The municipal government shall formulate and promulgate supplemental ordinances, shall formulate and promulgate supplemental ordinances, res
resoluolutiontions s or or exexecuecutive tive issuanissuances ces aimaimed ed at at prprovidovidinging su
supppporort t to to trtrafaffifickcked ed pepersrsonons, s, anand d adadopopt t nenececessssararyy measures to prevent and suppress trafficking in persons measures to prevent and suppress trafficking in persons within its territorial jurisdiction.
within its territorial jurisdiction.
Se
Sectiction on 1919.. StStrerengngthetheninning g of of exexisistitingng bodies.
bodies. – The municipal government shall exert efforts to– The municipal government shall exert efforts to stren
strengthengthen, , activaactivate te and and mobilmobilize ize existexisting ing commcommittees,ittees, coun
councils, similar organizatcils, similar organizations and ions and specispecial al bodiebodies s at at thethe local level to
local level to prevent and suppress trafficking in personsprevent and suppress trafficking in persons
Sec
Section tion 20.20. PePenalnalties ties and and SaSanctinctions ons for for Viol
Violations of ations of this this OrdinOrdinance.ance. – The following acts or– The following acts or omiss
omissions shall ions shall be be deemedeemed d violatviolations of ions of this Ordinanthis Ordinancece and shall be subject to
and shall be subject to the imposition of the the imposition of the correspondingcorresponding penal sanctions:
penal sanctions:
a.
a.
AnAny y pupublblic ic ofoffificicial/al/ofoffificecer r whwho o hahas s ananyy kknnoowwlleeddgge e oor r lleeaarrnns s oof f ffaacctts s oorr circumstances that give rise to a reasonable circumstances that give rise to a reasonable belief that a person will be, or may be, or has belief that a person will be, or may be, or has bee
been n traftrafficfickeked, d, anand d faifails ls to to immimmediediatelatelyy re
repoport rt susuch ch to to ththe e LCALCATVTVAAWC WC or or ototheherr concerned agencies shall be penalized with a concerned agencies shall be penalized with a fi
fine ne of of P P 2, 2, 50500.0.0000 or or impriimprisonmesonment nt notnot exceeding 6 months.
exceeding 6 months.
b.
b.
If the offender above is a private person, theIf the offender above is a private person, the pepenanaltlty y shshalall l be be a a fifine ne of of P2P2, , 50500.0.0000 or or imprisonment not exceeding 3 months.
imprisonment not exceeding 3 months.
c.
c.
The owner, manager, or person in charge of The owner, manager, or person in charge of any house,any house, buildbuilding, or ing, or estabestablishmlishment ent whowho refuses, without justifiable reason, to submit refuses, without justifiable reason, to submit sai
said d prpremiemises ses for for insinspecpectiotion n by by mumunicnicipaipall authorities as provided under Section 11 of authorities as provided under Section 11 of this Ordinan
this Ordinance ce shall be shall be penalpenalized,ized, at at ththee f
fiirrsst t iinnssttaannccee, , wwiitth h iimmmmeeddiiaattee ca
cancncelellalatition on of of ththe e cocorrrresespopondndiningg busin
business ess permipermit t and/oand/or r licenslicense e issued issued by
by the the munmuniciicipal pal govgovernernmenment. t. At At thethe secon
second d instaninstance,ce, ththe e offeoffendnder er shshall all bebe pu
puninishshed ed fofor r wilwillflfulully ly imimpepediding ng anand/d/oror ob
obststruructctining g ththe e mamandndatated ed duduty ty of of ththee mu
document trafficking cases, with a fine of P2, document trafficking cases, with a fine of P2, 500.00
500.00 or or imprisonment of 1 month.imprisonment of 1 month.
d.
d.
The unjustifiable refusal and/or failure to sign The unjustifiable refusal and/or failure to sign ththe e wrwrittitten en unundedertrtakakining g rereququirired ed unundederr Section 12 (b) and (c) of this Ordinance, or Section 12 (b) and (c) of this Ordinance, or the subsequent violation of the same, or the the subsequent violation of the same, or the failure to keep employees’ birth certificates failure to keep employees’ birth certificates as
as rereququirired ed unundeder r SeSectctioion n 12 12 (b(b), ), or or ththee possession of falsified birth certificates in the possession of falsified birth certificates in the reco
records of rds of employemployment, shall ment, shall be be penalipenalized,zed, at
at the the firfirst st insinstantance, ce, witwith h immimmediediateate ca
cancncelellalatition on of of ththe e cocorrrresespopondndiningg busin
business ess permipermit t and/oand/or r licenslicense e issued issued by
by the the munmuniciicipal pal govgovernernmenment. t. At At thethe secon
second d instaninstance,ce, ththe e offeoffendnder er shshall all bebe punished with a fine of
punished with a fine of P2, 500.00.P2, 500.00.
e.
e.
In case of judgment of conviction and In case of judgment of conviction and the competent court of justice deems it the competent court of justice deems it pproropper er to to imimpposose e ththe e ppenenaaltlty y of of “c
“comommumuninity ty seservrvicice”e”, , the the LGLGU U shshalall l recommend to the judge that said term recommend to the judge that said term should include but not limited to such should include but not limited to such activ
activities ities as as tree-tree-plantiplanting, ng, cleanicleaning ng of of pu
publiblic c strestreets, ets, cancanals als or or othother er pubpubliclic plac
places, es, dredgdredging ing of of local rivers, local rivers, laklakes,es, o
or r ssttrreeaammss, , aannd d hheellppiinng g iin n tthhee collection of garbage, and that contact collection of garbage, and that contact b
beettwweeeen n tthhe e ooffffeennddeer r aannd d tthhee trafficking victim/s should be avoided at trafficking victim/s should be avoided at all cost.
all cost.
Sectio
Section n 21.21. RewRewards and ards and IncenIncentives. –tives. – (a)(a) The Local Committee shall institute an incentive scheme The Local Committee shall institute an incentive scheme whereby monetary rewards may be given to persons who whereby monetary rewards may be given to persons who prov
provide vital ide vital inforinformation that lead mation that lead to the to the preveprevention orntion or s
suupppprresessision on of of trtrafaffficickiking ng acactitivivitities es anand d to to ththee apprehension of offenders involved therein.
apprehension of offenders involved therein.
(b)
(b) LikLikewisewise, e, awaawards rds and and recrecognognitioition n shashall ll bebe given to
given to persopersons, ns, orgaorganizatinizations, ons, or or establestablishmeishments nts thatthat cham
champion or pion or suppsupport activities which contributort activities which contribute e to to thethe prevention or suppression of trafficking in persons.
prevention or suppression of trafficking in persons.
Section 22.
Section 22. Appropriation Appropriation..– The initial amount– The initial amount of ___________________Pesos is hereby appropriated out of of ___________________Pesos is hereby appropriated out of the
the GenerGeneral al FFund und (Sta(Statutory tutory ObliObligatiogations)ns) of of ththee
Municipal Treasury to cover the first-year implementation Municipal Treasury to cover the first-year implementation of
of this Ordinathis Ordinance. Thereafnce. Thereafter, the ter, the amounamount t equivequivalent toalent to 10% of the Gender and Development
10% of the Gender and Development (GAD) funds from the(GAD) funds from the Internal Revenue Allotment (IRA) and 10% of GAD funds Internal Revenue Allotment (IRA) and 10% of GAD funds fr
from om any any OffOfficiaicial l DevDeveloelopmepment nt AssAssististancance e (OD(ODA) A) shashallll co
consnstititutute te ththe e anannunual al bubudgdget et of of ththe e LCLCAATVTVAAWC WC foforr purposes of implementing this
purposes of implementing this Ordinance.Ordinance.
The funds allocated for this purpose shall accrue The funds allocated for this purpose shall accrue ex
exclclususivively ely to to ththe e prprogograram, m, in in acaccocordrdanance ce wiwith th ththee gu
guididelelinines es on on ththe e mamatttter er isissusued ed by by ththe e NaNatitiononalal Commission on the
Commission on the Role of Filipino Women (NCRFW).Role of Filipino Women (NCRFW).
Section 23.
Section 23. Repealing Clause.Repealing Clause.– All ordinances,– All ordinances, resolutions, executive issuances, or rules and regulations, resolutions, executive issuances, or rules and regulations, or parts thereof, whose provisions are inconsistent with or or parts thereof, whose provisions are inconsistent with or contrary to the provisions of this Ordinance, are hereby contrary to the provisions of this Ordinance, are hereby deemed repealed, amended,
deemed repealed, amended, or modified or modified accordinglyaccordingly..
Se
Sectiction on 2424.. App Applicabilicability lity ClauClause.se. - - TThhee provisions of existing ordinances, resolutions, or executive provisions of existing ordinances, resolutions, or executive or
ordeders rs dedealalining g witwith h rerelatlated ed susubjbjecect t mamatttter er susuch ch asas pr
proteotectioction n agaagainsinst t chichild ld lablabor or and and expexploiloitatitation, on, antanti- i-violence against women and children, and the like, which violence against women and children, and the like, which are
are not not concontradtradictictory ory with with this this OrOrdindinancance, e, are are herherebyeby adopted as an integral part
adopted as an integral part of this Ordinance.of this Ordinance.
Section 25
Section 25. Separability Clause. Separability Clause.. – If, for any– If, for any reason, any section or provision of this Ordinance is held reason, any section or provision of this Ordinance is held unconstitutional or invalid, the other sections or provisions unconstitutional or invalid, the other sections or provisions hereof shall not
hereof shall not be affected therebybe affected thereby..
Section 26
Section 26. Effectivity.. Effectivity. – This Ordinance shall– This Ordinance shall ta
takke e efeffefect ct afafteter r ththirirty ty (30) (30) dadays ys frfrom om ththe e dadate te of of completion of its review by the Sangguniang Panlalawigan completion of its review by the Sangguniang Panlalawigan and its publication in a newspaper of local circulation. and its publication in a newspaper of local circulation.