customs which, having been committed

WEEK 4 publicly, have given rise to public scandal

(NOTES) to persons who have accidentally

witnessed the same (Id.).

ART. 200. Grave scandal.—The penalties

of arresto mayor and public censure shall be *****************
imposed upon any person who shall offend
against decency or good customs by any highly
scandalous conduct not expressly falling within ART. 201. Immoral doctrines, obscene
any other article of this Code. publications and exhibitions. —The penalty
of prision correccional in its minimum period, or
a fine ranging from 200 to 2,000 pesos, or
Q: WHAT ARE THE ELEMENTS OF both, shall be imposed upon:
GRAVE SCANDAL? (AHNP)
1. Those who shall publicly expound or
ANS: The following are the elements of proclaim doctrines openly contrary to
grave scandal: public morals;

1. That the offender performs an Act 2. The authors of obscene literature,

or acts; published with their knowledge in any
2. That such act or acts be Highly form, and the editors publishing such
scandalous as offending against literature;
decency or good customs;
3. That the highly scandalous conduct 3. Those who in theaters, fairs,
is Not expressly falling within any cinematographs or any other place
other Article of the RPC; and open to public view, shall exhibit
4. That the act or acts complained of indecent or immoral plays, scenes,
be committed in a Public place or acts or shows; and
within the public knowledge or view
(U.S. v. Samaniego, G.R. No. 5115, 4. Those who shall sell, give away or
November 29, 1909). exhibit prints, engravings, sculptures
or literature which are offensive to
Note: If the offense does not have this morals.
element, it is clear that it does not
produce the grave scandal required by
Article 200 (REYES, Book Two, supra at CONCISE VERSION:
432, citing, U.S v. Catajay, G.R. No. 2785,
August 23, 1906). 1. Persons who publicly proclaim
doctrines contrary to public morals.

Q: WHAT IS DECENCY? 2. Authors and editors who knowingly

publish obscene literature.
ANS: Decency means propriety of
conduct; proper observance of the 3. Persons who exhibit indecent or
requirements of modesty, good taste, immoral shows in places open to
etc. (REYES, Book Two, supra at 433). the public.

4. Persons who sell, distribute, or

Q: WHAT ARE CUSTOMS? display materials offensive to
morals.
ANS: Customs mean established usage
and social conventions carried on by
tradition and enforced by social Q: WHO ARE THE PERSONS LIABLE
disapproval of any violation thereof. UNDER ARTICLE 201? (PAI-GSOTC-S)

ANS: The following persons may be

Q: WHAT IS GRAVE SCANDAL? liable under Article 201:

ANS: Grave Scandal consists of acts

which are offensive to decency and good
1
 1. Those who shall Publicly expound (U.S. v. Kottinger, G.R. No. 20569, August
or proclaim doctrines openly 23, 1974).
contrary to public morals;

2. The Authors of obscene literature, CONCISE VERSION:

published with their knowledge in
any form, the editors publishing
such literature and the The test of obscenity is whether the
owners/operators of the material tends to deprave or corrupt
establishment selling the same; persons who may be exposed to it,
especially those susceptible to immoral
3. Those who, in theaters, fairs, influences, and whether it offends the
cinematographs or any other place, ordinary sense of decency of the
exhibit, Indecent or immoral plays, public. Indecency refers to acts that
scenes, acts or shows, whether live violate proper behavior and social
or in film, which are prescribed by delicacy.
virtue hereof, shall include those
which: a. Glorify criminals or
condone crimes; b. Serve no other
purpose but to satisfy the market *****************
for violence, lust or pornography; c.
Offend any race or religion; d. Tend
to abet traffic in and use of ART. 202. Vagrants and prostitutes—
prohibited drugs; and e. Contrary Penalty. —The following are vagrants:
to law, public order, morals, and
good customs, established policies,
lawful orders, decrees and edicts; 1. Any person having no apparent
and means of subsistence, who has the
physical ability to work and who
4. Those who shall Sell, give away or neglects to apply himself or herself to
exhibit films, prints, engravings, some lawful calling;
sculpture or literature which are
offensive to morals (RPC, Art. 201). 2. Any person found loitering about
public or semi-public buildings or
Note: Publicity is essential to the crime places or tramping or wandering
(Fernando v. CA, G.R. No. 159751, about the country or the streets
December 6, 2006). without visible means of support;

3. Any idle or dissolute person who

Q: WHAT IS “OBSCENITY”? lodges in houses of ill-fame; ruffians
or pimps and those who habitually
ANS: The word "obscene" and the term associate with prostitutes;
"obscenity" may be defined as meaning
something offensive to chastity, decency, 4. Any person who, not being included
or delicacy (U.S. v. Kottinger, G.R. No. in the provisions of other articles of
20569, August 23, 1974). this Code, shall be found loitering in
any inhabited or uninhabited place
belonging to another without any
Q: WHAT IS THE TEST OF lawful or justifiable purpose;
OBSCENITY?
5. Prostitutes.
ANS: The test is whether the tendency of
the matter charged as obscene, is to For the purposes of this article, women who,
deprave or corrupt those whose minds for money or profit, habitually indulge in sexual
intercourse or lascivious conduct, are deemed
are open to such immoral influences, and
to be prostitutes.
into whose hands such a publication may
fall and also whether or not such
Any person found guilty of any of the offenses
publication or act shocks the ordinary
covered by this article shall be punished
and common sense of men as an
by arresto menor or a fine not exceeding 200
indecency. “Indecency” is an act against
pesos, and in case of recidivism, by arresto
the good behavior and a just delicacy.
mayor in its medium period to prision
2
correccional in its minimum period or a fine *****************
ranging from 200 to 2,000 pesos, or both, in
the discretion of the court.

D. ANTI-TRAFFICKING IN PERSONS
ACT
Q: WHAT AMENDMENTS WERE MADE
TO ARTICLE 202?
Q: WHAT ARE THE ELEMENTS OF
ANS: Republic Act 10158, or An Act TRAFFICKING IN PERSON?
Decriminalizing Vagrancy, deleted (1),
(2), (3), and (4) of Article 202 and ANS: According to Sec. 3(a) of R.A. No.
retained only (5) thereof, which penalizes 9208, as amended, the elements of
women who, for money or profit, trafficking in persons are:
habitually indulge in sexual intercourse
or lascivious conduct, who are deemed to 1. The act of recruitment,
be prostitutes (RPC, Art. 202, par. 1, as transportation, transfer or
amended by R.A. No. 10158, otherwise harbouring, or receipt of persons
known as “An Act Decriminalizing with or without the victim's consent
Vagrancy”). or knowledge, within or across
national borders;

Q: WHAT IS THE DIFFERENCE 2. The means used which include

BETWEEN ARTICLE 202 OF THE RPC threat or use of force, or other
AND R.A. NO. 9208 WITH RESPECT forms of coercion, abduction, fraud,
TO THE PERSON BEING MADE deception, abuse of power or of
LIABLE? position, taking advantage of the
vulnerability of the person, or, the
ANS: Article 202 punishes the prostitutes giving or receiving of payments or
themselves for willingly offering sexual benefits to achieve the consent of
services to the public. On the other hand, a person having control over
pimps are persons engaged in the another; and
trafficking of persons or facilitates
prostitution and are punished under R.A. 3. The purpose of trafficking is
No. 9208 (Anti-Trafficking in Persons Act exploitation which includes:
of 2003) instead.
a. Exploitation or the prostitution of
others or other forms of sexual
Q: WHO IS A PROSTITUTE? exploitation;

ANS: A prostitute is a woman who: b. Forced labor or services, slavery,

servitude; or
(1) habitually indulges in (a) sexual
intercourse, or (b) lascivious conduct, c. The removal or sale of organs (R.A. No.
9208, as amended, Sec. 3(a); People v.
(2) for money or profit. Aguirre, G.R. No. 219952, November 20,
2017).
Hence, one sexual intercourse with a
man for money or profit does not make a
woman a prostitute. And several Q: WHAT ACTS CONSTITUTE
intercourses with different men do not TRAFFICKING IN PERSON?
make her a prostitute, if there is no
evidence that she indulged in sexual ANS: It shall be unlawful for any person,
intercourse for money or profit (REYES, natural or juridical, to commit any of the
Book Two, supra at 443). following acts:

Note: Sexual intercourse is not 1. To recruit, obtain, hire, provide,

absolutely necessary, as lascivious offer, transport, transfer, maintain,
conduct is sufficient (Id). harbor, or receive a person by any
means, including those done under
the pretext of domestic or overseas
employment or training or
3
 apprenticeship, for the purpose of provide, offer, receive or abduct a
prostitution, pornography, sexual person, for the purpose of removal
abuse or exploitation, production, or sale of organs of said person;
creation, or distribution of CSAEM
or CSAM, forced labor, slavery, 9. To recruit, transport, obtain,
involuntary servitude, or debt transfer, harbor, maintain, offer,
bondage; hire, provide, receive or adopt a
child to engage in armed activities
2. To introduce or match for money, or participate in activities in the
profit, or material, economic or context of an armed conflict in the
other consideration, any person or, Philippines or abroad;
as provided for under Republic Act
No. 10906 or the Anti-Mail Order 10. To recruit, transport, transfer,
Spouse Act, any Filipino to a foreign harbor, obtain, maintain, offer, hire,
national, for marriage for the provide or receive a person by
purpose of acquiring, buying, means defined in Section 3 of this
offering, selling or trading him/her Act for purposes of forced labor,
to engage in prostitution, slavery, debt bondage and
pornography, sexual exploitation, involuntary servitude, including a
forced labor, slavery, involuntary scheme, plan, or pattern intended
servitude or debt bondage; to cause the person either:

3. To offer or contract marriage, real a. To believe that if the person did not
or simulated, for the purpose of perform such labor or services, he or she
acquiring, buying, offering, selling, or another person would suffer serious
or trading them to engage in harm or physical restraint; or
prostitution, pornography, sexual
exploitation, forced labor or b. To abuse or threaten the use of law or
slavery, involuntary servitude or the legal processes;
debt bondage;
11. To recruit, transport, harbor,
4. To undertake or organize tours and obtain, transfer, maintain, hire,
travel plans consisting of tourism offer, provide, adopt or receive a
packages or activities for the child for purposes of exploitation or
purpose of utilizing and offering trading them, including the act of
persons for prostitution, buying or selling a child, or both for
pornography or sexual exploitation; any consideration or for barter for
purposes of exploitation. Trafficking
5. To maintain or hire a person to for purposes of exploitation of
engage in prostitution or children shall include:
pornography;
a. All forms of slavery or practices similar
6. To adopt persons by any form of to slavery, involuntary servitude, debt
consideration for exploitative bondage and forced labor, including
purposes or to facilitate the same recruitment of children for use in armed
for purposes of prostitution, conflict;
pornography, sexual exploitation,
forced labor, slavery, involuntary b. The use, procuring or offering of a
servitude or debt bondage; child for prostitution, for the production
of CSAEM or CSAM, or for pornographic
7. To adopt or facilitate the adoption performances;
of persons with or without
consideration for the purpose of c. The use, procuring or offering of a child
prostitution, pornography, sexual for the production and trafficking of
exploitation, forced labor, slavery, drugs; and
involuntary servitude or debt
bondage, or to facilitate illegal child d. The use, procuring or offering of a
adoptions or child-laundering, or child for illegal activities or work which,
for other exploitation purposes; by its nature or the circumstances in
which it is carried out, is likely to harm
8. To recruit, hire, adopt, transport, their health, safety or morals; and
transfer, obtain, harbor, maintain,
4
 12. To organize, provide financial the advertisement, publication,
support, or directed other persons printing, broadcasting or
to commit the offenses denied as distribution by any means,
acts of trafficking under this Act; including the use of information
and technology and the internet, of any
brochure, flyer, or any propaganda
13. To recruit, transport, obtain, material that promotes trafficking
transfer, harbor, maintain, offer, in persons;
hire, provide, receive, or adopt a
child for deployment abroad as 4. To assist in the conduct of
migrant workers. misrepresentation or fraud for
purposes of facilitating the
NOTE: Provided, that when the is a child, acquisition of clearances and
the means to commit these unlawful acts necessary exit documents from
as enumerated in the first paragraph of government agencies that are
this section shall not be necessary: mandated to provide pre-departure
Provided, further, That in case of registration and services for
overseas domestic work, a 'child' departing persons for the purpose
means a person below twenty-four of promoting trafficking in persons;
(24) years old (R.A. No. 9208, Sec. 4, as
amended by R.A. No. 11862). 5. To facilitate, assist, or help in the
exit and entry of persons from/to
the country at international and
Q: WHAT ARE THE ACTS WHICH local airports territorial boundaries
CONSTITUTE THE PROMOTION OF and seaports, knowing they are not
TRAFFICKING UNDER R.A 9208? in possession of required travel
documents, or are in possession of
ANS: The following acts which promote tampered, fake, or fraudulently
or facilitate trafficking in persons shall be acquired travel documents, for the
unlawful: purpose of promoting trafficking in
persons;
1. To knowingly lease or sublease,
use, or allow to be used any house, 6. To confiscate, conceal, or destroy
building, tourism enterprise, or any the passport, travel documents, or
similar establishment; or any personal documents or belongings
vehicle or carrier by land, sea, and of trafficked persons in furtherance
air; or any of their computer of trafficking or to prevent them
system or computer hardware, from leaving the country or seeking
other computer-related devices, or redress from the government or
any of their digital platform and appropriate agencies; and
application, for the purpose of
promoting trafficking in persons; 7. To knowingly benefit from, financial
or otherwise, or make use of, the
2. To produce, print and issue, or labor or services of a person held
distribute unissued, tampered, or to a condition of involuntary
fake passports, birth certificates, servitude, forced labor, or slavery.
affidavits of delayed registration of
birth, foundling certificates, travel 8. To tamper with, destroy, or cause
clearances, counseling certificates, the destruction of evidence, or to
registration stickers, overseas influence or attempt to influence
employment certificates or other witness, in an investigation or
certificates of any government prosecution;
agency which issues these
certificates, decals, and such other 9. To Destroy, conceal, remove,
markers as proof of compliance confiscate or possess, or attempt
with government regulatory and to destroy, conceal, remove,
pre-departure requirements for the confiscate or possess, any actual or
purpose of promoting trafficking in purported passport or other travel,
persons; immigration or working permit or
document, or any other actual
3. To advertise, publish, print, purported government;
broadcast or distribute, or cause
5
 10. To utilize his or her office to deemed as attempted trafficking in
impede the investigation, persons:
prosecution or execution of lawful
orders; 1. Facilitating the Travel of a child
who travels alone to a foreign
11. For internet intermediaries to country or territory without valid
knowingly or by gross negligence reason therefor and without the
allow their internet infrastructure to required clearance or permit from
be used for the purpose of the DSWD, or a written permit or
promoting trafficking in persons; justification from the child's parent
or legal guardian;
12. For internet cafes, kiosks,
and hotspots, including 2. Executing, for a consideration, an
establishments offering Wi-Fi Affidavit of consent or a written
access services to the public, to consent for adoption;
knowingly or by gross negligence
allow their facilities to be used for 3. Recruiting a woman to Bear a child
the purpose of promoting for the purpose of selling the child;
trafficking in persons;
4. Simulating a birth for the purpose
13. For financial intermediaries, of Selling the child; and
including banks and credit card
companies and money transfer or 5. Soliciting a child and acquiring the
remittance centers, to knowingly or custody thereof through any means
by gross negligence allow their from among hospitals, clinics,
services, online platform and nurseries, daycare centers, refugee
applications, among others, to be or evacuation centers, and low-
used for the purpose of promoting income families, for the purpose of
trafficking in persons. selling the child (R.A. No. 9208, as
amended, Sec. 4-A, Par. 2).
14. To knowingly or by gross
negligence facilitate, assist, or help Note: These acts are the same acts
in the entry into the country of described as attempted child trafficking
persons who are convicted sex under Sec. 8 of R.A. No. 7610. Thus, a
offenders whether at international person who commits any of these acts
and local airports, territorial may be prosecuted for attempted
boundaries, and seaports for the trafficking in person under R.A. No. 9208
purpose of promoting trafficking in or attempted child trafficking under R.A.
persons; or No. 7610 (II CAMPANILLA, Criminal Law
Reviewer, supra at 196).
15. To arrange, facilitate,
expedite, or cause the introduction
or encounter of persons who are Q: WHAT ACTS CONSTITUTE
suspected or convicted sex QUALIFIED TRAFFICKING OF
offenders in any jurisdiction to a PERSONS?
child. The actual introduction or
encounter need not occur to be ANS: The following are considered as
liable under this provision. It is qualified trafficking:
enough that there is a deliberate
attempt to cause the introduction 1. When the trafficked person is a
or encounter (R.A No. 9208, as child: Provided, that the acts of
amended, Sec. 5). online sexual abuse and
exploitation of children shall be
without prejudice to appropriate
Q: WHAT ACTS CONSTITUTE AS investigation and prosecution
ATTEMPTED TRAFFICKING IN under other related laws;
PERSON IF THE VICTIM IS A CHILD?
(TABSS) 2. When the adoption is effected
through R.A. No. 8043 or the "Inter-
ANS: In cases where the victim is a child, Country Adoption Act of 1995" and
any of the following acts shall also be said adoption is for the purpose of
prostitution, pornography, sexual
6
 exploitation, forced labor, slavery, 11. When the trafficked person
involuntary servitude or debt belongs to an indigenous
bondage; community or religious minority
and is considered a member of the
3. When the crime is committed by a same;
syndicate, or in large scale.
Trafficking is deemed committed by 12. When the trafficked person is
a syndicate if carried out by a a person with disability (PWD);
group of three (3) or more persons
conspiring or confederating with 13. When the crime has resulted
one another. It is deemed in pregnancy;
committed in large scale if
committed against three (3) or 14. When the trafficked person
more persons, individually or as a suffered mental or emotional
group; disorder as a result of being victim
of trafficking; or
4. When the offender is a spouse, an
ascendant, parent, sibling, 15. When the act is committed
guardian or a person who exercises by or through the use of ICT or any
authority over the trafficked person computer system. (R.A. No. 9208,
or when the offense is committed as amended, Sec. 6).
by a public officer or employee;

5. When the trafficked person is Q: WHO IS DEEMED A CHILD UNDER

recruited to engage in prostitution SEC. 6(A) OF R.A. NO. 9208?
with any member of the military or
law enforcement agencies; ANS: Under Section 6(a) of RA 9208, the
crime of Trafficking in Persons becomes
6. When the offender is a member of qualified when the trafficked person is a
the military or law enforcement child, which refers to a person below
agencies; the age of 18 years old or above 18
years old but is unable to fully take
7. When by reason or on occasion of care of or protect himself or herself
the act of trafficking in persons, the from abuse, neglect, cruelty,
offended party dies, becomes exploitation, or discrimination
insane, suffers mutilation or is because of a physical or mental
Afflicted with Human disability or condition (R.A. No. 9208,
Immunodeficiency Virus (HIV) or as amended, Sec.3 [b])
the Acquired Immune Deficiency
Syndrome (AIDS);
Q: CAN THERE BE A SUCCESSFUL
8. When the offender commits one or PROSECUTION OF QUALIFIED
more violations of Section 4 over a TRAFFICKING DESPITE THE
period of sixty (60) or more days, PROSECUTION'S FAILURE TO
whether those days are continuous ESTABLISH THE MINORITY OF THE
or not; and VICTIM WHO WAS PIMPED BY A
GROUP OF THREE PERSONS AND BY
9. When the offender directs or AN ASCENDANT OR PERSON
through another manages the EXERCISING PARENTAL AUTHORITY
trafficking victim in carrying out the OVER THE VICTIM?
exploitative purpose of trafficking;
ANS: Yes. While the prosecution failed to
10. When the crime is committed prove the victim's minority due to the
during a crisis, disaster, public absence of her birth certificate, it,
health concern, pandemic, a however, established that the crime was
humanitarian conflict, or committed by a group of three persons,
emergency situation, or when the and by an ascendant and a person
trafficked person is a survivor of a exercising authority over the victim.
disaster or a human-induced Consequently, the crime still falls under
conflict; Qualified Trafficking in Persons under
Section (6) (c) and (d) of RA 9208,
otherwise known as the Anti Trafficking
7
Act of 2003 (People v. Bawalan, G.R. No. front of the camera, ordered her to
232358; May 12, 2021) perform oral sex on him, and forced
her to have intercourse. He also
took photos of the sexual acts he
Q: WHAT IS PROSTITUTION? performed with AAA. In another
instance, Jerrie brought AAA to a
ANS: Prostitution refers to any act, hotel in Makati to meet his foreigner
transaction, scheme or design involving friend. Jerrie left AAA with the
the use of a person by another, for foreigner and the two had had
sexual intercourse or lascivious conduct sexual intercourse. Whether Jerrie is
in exchange for money, profit or any guilty of Trafficking in Persons?
other consideration (R.A. No. 9208, as
amended, Sec. 3[c]) ANS: Yes, AAA narrated that Jerrie took
advantage of her lack of money, and
used force and intimidation to compel
Q: IS PROOF OF ACTUAL SEXUAL her (1) to remove her clothes and exhibit
INTERCOURSE NECESSARY TO PROVE her naked body before a web camera for
PROSTITUTION? the viewing and enjoyment of foreign
clients, (2) to have intercourse and to
ANS: No. The acts under Section 4 (a perform other lascivious acts with Jerrie
and e) of RA 9208 do not require proof of and Mark in front of a web camera while
actual sexual intercourse to establish the foreign clients were watching, and (3) to
purpose of prostitution or sexual have intercourse and to perform other
exploitation. It is enough that the act, sexual acts with foreign clients for money
transaction, scheme or design involving and other consideration from March to
the use of a person by another for sexual June 2014. Jerrie also took sensitive
intercourse or lascivious conduct in photos and/or videos of AAA and emailed
exchange for a consideration is proven them to clients for money. Section 3(a) of
(People v. XXX, G.R. No. 225288, June 28, RA No. 9208 is explicit that the crime of
2021). trafficking in persons can exist even with
the victim's consent. (People v. Arraz y
Rodriguez, G.R. No. 252353; July 6, 2022,
Q: WHAT IS THE PRESCRIPTIVE M. Lopez Case).
PERIOD FOR ACTIONS UNDER THIS
LAW?

ANS: Trafficking cases under this Act

shall prescribe in ten (10) years. ANTI-TRAFFICKING
Trafficking cases committed by a
syndicate or in a large scale shall IN PERSONS ACT
prescribe in twenty (20) years. The
prescriptive period shall commence to (R.A. 9208, as amended)
run from the day on which the trafficked
person is delivered or released from 1. Ano ang Trafficking in
the conditions of bondage (R.A. No.
9208, as amended, Sec. 12). Persons?
Ang trafficking in persons ay ang pagre-recruit,
Q: AAA, from a poor family in paglipat, pagkuha, o pag-harbor ng tao gamit
Surigao Del Sur, testified that she ang panlilinlang, puwersa, o pang-aabuso upang
went to Manila to work as a pagsamantalahan siya.
domestic helper. Her sister BBB, who
was entrusted by their parents to Tatlong pangunahing ELEMENTS:
Jerrie, called her and invited her to
work for Jerrie. Enticed by the (1) ACT
prospect of a better life, AAA joined
Jerrie's household. One day, Jerrie May ginawang pagkuha o paggalaw sa tao, tulad
called AAA into his room while he ng:
was chatting with a foreigner on his
laptop and told her to take off her  recruitment
clothes. AAA complied out of fear.  transportation
Jerrie directed AAA to pose naked in  transfer
8
  harboring Basta may exploitation, trafficking na.
 pagtanggap ng tao

Pwede itong mangyari sa loob ng bansa o abroad.

3. Promotion of
(2) MEANS Trafficking
May ginamit na masamang paraan, tulad ng: Ito naman ang mga tumutulong sa trafficking
kahit hindi sila ang pangunahing trafficker.
 pagbabanta
 puwersa Halimbawa:
 panlilinlang
 pandaraya  pagpapagamit ng bahay o hotel para sa
 pang-aabuso sa kahinaan ng tao trafficking
 pagbabayad sa taong may kontrol sa biktima  paggawa ng fake passports o travel
documents
 pag-advertise ng trafficking online
 pagtulong sa paglabas o pagpasok ng
(3) PURPOSE trafficked persons sa airport
 pagtatago ng passport ng biktima
Ang layunin ay pagsasamantala (exploitation).  pakikinabang sa forced labor

Halimbawa: Kasama na rin:

1. prostitution o sexual exploitation  internet platforms

2. forced labor  internet cafés
3. slavery o servitude  banks
4. pagbenta o pagtanggal ng organs
kung pinayagan nilang gamitin ang system nila
📌 Madaling tandaan sa exam: para sa trafficking.

ACT + MEANS + PURPOSE = TRAFFICKING

4. Attempted
2. Mga GAWAIN na Trafficking (Kung Bata
Trafficking (Sec. 4) ang Biktima)
Ibig sabihin, kung ginawa ang mga ito para May mga gawain na kahit hindi pa natutuloy ang
pagsamantalahan ang tao, trafficking na. trafficking, krimen na.

Halimbawa: Madaling tandaan: TABSS

• pagrecruit ng tao para sa prostitution o T – Travel ng bata sa ibang bansa na walang

pornograpiya clearance
• pag-aalok ng mail-order marriage para ibenta A – Affidavit of consent for adoption kapalit ng
ang babae bayad
• pag-organize ng sex tourism B – pagrecruit ng babae para Bear a child na
• pagkuha ng tao para sa forced labor ibebenta
• pag-adopt ng bata para sa sexual exploitation S – Simulated birth para ibenta ang bata
• pagkuha ng tao para sa organ selling S – Soliciting custody ng bata para ibenta
• pagrecruit ng bata para sa armed conflict
• pagbili o pagbenta ng bata

📌 Important rule:
5. Qualified Trafficking
Kung bata ang biktima, hindi na kailangan
patunayan ang MEANS (force, fraud, etc.).
9
Mas mabigat ang parusa kapag may special  10 years – ordinary trafficking
circumstances.  20 years – kung syndicate o large scale

Halimbawa: Ang bilang ay magsisimula kapag nakalaya na

ang biktima sa trafficking situation.
1. bata ang biktima
2. ginawa ng syndicate (3 o higit pa)
3. ginawa ng magulang o kamag-anak
4. ginawa ng public officer
5. ginawa ng military o police 10. Example Case
6. namatay o nagkaroon ng HIV ang biktima
7. ginawa sa panahon ng disaster o pandemic (People v. Arraz)
8. PWD ang biktima
9. nagresulta sa pregnancy Situation
10. ginawa gamit ang internet o ICT
Isang babae (AAA) ay kinuha bilang domestic
helper sa Maynila.

6. Sino ang "Child" sa Ginawa ng amo niya na si Jerrie ang mga

sumusunod:
Batas?  pinahubad siya sa harap ng webcam
 pinilit siyang makipagsex
Ang child ay:  pinapanuod ito ng foreign clients online
 kinunan ng photos at videos
 below 18 years old, o  dinala sa hotel para makipagsex sa foreigner
 kahit above 18, pero hindi kayang kapalit ng pera
protektahan ang sarili dahil sa mental o
physical disability.

Ruling

7. Ano ang Prostitution? GUILTY siya ng Trafficking in Persons.

Bakit?
Prostitution ay:
Dahil:
Paggamit ng isang tao para sa sexual intercourse
o lascivious conduct kapalit ng pera o anumang ✔ inabuso niya ang kahinaan ng biktima
kapalit. ✔ gumamit siya ng intimidation
✔ ginawa niya ito para sa sexual exploitation
✔ kumita siya sa mga foreign clients

8. Kailangan ba ng 📌 Important rule:

Proof ng Actual Sex? Kahit may consent ang biktima, may trafficking
pa rin kung may exploitation.
❌ Hindi kailangan.

Basta mapatunayan na:

may scheme o arrangement para sa sexual

exploitation kapalit ng bayad, sapat na iyon. ****************

Narito ang concise o maikling bersyon ng

9. Prescriptive Period bawat section mula sa mga dokumento
(Republic Act 7877, CSC Rules, at
DOLE Admin Order) na nakasulat sa
Trafficking cases prescribe in:
Taglish:

10
Republic Act 7877 (Anti-Sexual pwedeng makulong ng 1 hanggang
Harassment Act of 1995) 6 na buwan, o magmulta ng
P10,000 hanggang P20,000, o
 Section 1: Title – Ang batas na ito pareho. Ang kaso ay dapat isampa
ay tatawaging "Anti-Sexual within 3 years mula nang mangyari
Harassment Act of 1995". ang insidente.

 Section 2: Declaration of Policy  Sections 8-10: Separability,

– Pinapahalagahan ng Estado ang Repealing, at Effectivity – Kung
dignidad ng bawat isa, kaya may part ng batas na ma-declare
dinedeklara nitong unlawful o na unconstitutional, valid pa rin
bawal ang lahat ng forms ng sexual ang iba; kina-cancel nito ang mga
harassment sa trabaho, lumang batas na hindi tugma rito;
eskwelahan, o training at naging epektibo ito 15 days after
environment. ma-publish sa mga dyaryo.

 Section 3: Definition of Sexual Civil Service Commission (CSC) Rules

Harassment – Nangyayari ito & Classifications (MC No. 19 & Res.
kapag ang isang taong may 956161)
awtoridad o impluwensya (tulad ng
employer, manager, o teacher) ay  Coverage & Jurisdiction (Rule I-
humingi ng sexual favor, pumayag II & Sec 1-2): Sakop nito ang lahat
man o hindi ang biktima. Sa ng government officials at
trabaho, ito ay nagiging kondisyon employees, pati na ang mga job
para ma-hire, ma-promote, o applicants. CSC ang may hawak ng
nagdudulot ng hostile at exclusive jurisdiction sa
nakakatakot na environment. Sa pagdidisiplina ng mga kaso.
school o training, ginagawa itong
kondisyon para makapasa,  Forms of Harassment (Rule V):
makakuha ng scholarship, o Pwedeng physical (malicious
nagiging dahilan ng offensive touching), verbal (mga demands or
environment. Damay din sa lurid remarks), o kaya ay paggamit
pananagutan ang sinumang nag- ng mga bastos na pictures at
utos o nakipagsabwatan para objects.
mangyari ito.
 Classification ng Offense: Hinati
 Section 4: Duty of the Employer ito sa tatlo para madaling matukoy
or Head of Office – ang parusa:
Responsibilidad ng employer o
school head na maiwasan ang o Grave Offenses: Halimbawa
sexual harassment. Kailangan ay unwanted touching ng
nilang gumawa ng rules at bumuo private parts at sexual
ng Committee on Decorum and assault.
Investigation para dinggin at o Less Grave Offenses:
imbestigahan ang mga reklamo. Halimbawa ay ang paghingi
ng dates kapalit ng
 Section 5: Liability of the promotion o benefits, at
Employer – Magiging solidarily unnecessary brushing sa
liable (damay sa babayarang katawan ng biktima.
danyos) ang employer o school o Light Offenses: Kasama rito
head kung in-inform sila ng biktima ang paulit-ulit na green/sexist
tungkol sa harassment pero wala jokes, leering o pagtitig na
silang ginawang aksyon. may malisya, at unwelcome
flirts.
 Section 6: Independent Action
for Damages – Pwedeng mag-file  Committees & Procedures (Rule
ang biktima ng hiwalay at VIII-IX): Bawat ahensya ng
independent na civil case para gobyerno ay dapat may Committee
humingi ng damages. on Decorum and Investigation. Ang
complaint ay dapat under oath
 Section 7: Penalties – Ang (sinumpaan).
mapapatunayang nagkasala ay
11
  Administrative Liabilities (Rule and women, and the relations between
X): Ang parusa ay naka-depende them. (R.A. No. 11313, Sec. 3, Par. d).
sa bigat ng nagawa: mula
reprimand, fine, o suspension para
sa light offenses, hanggang Q: WHAT IS GENDER-BASED ONLINE
dismissal from the service (tanggal SEXUAL HARASSMENT?
sa trabaho) para sa grave offenses.
Masasampahan din ng "neglect of ANS: Gender-based online sexual
duty" ang head of office kung hindi harassment refers to an online conduct
niya inaksyunan ang reklamo. targeted at a particular person that
causes or likely to cause another mental,
DOLE Administrative Order No. 68 emotional or psychological distress, and
(Series of 1992) fear of personal safety, sexual
harassment acts including unwanted
 Section 1-2 (Policy & sexual remarks and comments, threats,
Definition): Hindi kinukunsinti ng uploading or sharing of one's photos
DOLE ang sexual harassment sa without consent, video and audio
hanay nila. Ito ay kapag may recordings, cyberstalking and online
unwanted sexual advance na identity theft. (R.A. No. 11313, Sec. 3,
ginamit para mag-take advantage Par. e).
sa weakness ng empleyado o
ginawang kondisyon para sa
employment at pabor. Q: WHAT IS GENDER IDENTITY
AND/OR EXPRESSION?
 Section 3-6 (Committee &
Procedure): Gumawa sila ng ANS: Gender identity and/or expression
Special Fact-Finding Committee refers to the personal sense of identity as
(pinangungunahan ng DOLE characterized, among others, by manner
Resident Ombudsperson) para of clothing, inclinations, and behavior in
imbestigahan ang mga reklamo, at relation to masculine or feminine
inatasan ang ahensya na conventions. A person may have a male
magkaroon ng awareness or female identity with physiological
campaign para maiwasan ang mga characteristics of the opposite sex in
ganitong insidente. which case this person is considered
transgender. (R.A. No. 11313, Sec. 3, Par.
f).

**************** Q: WHAT IS MEANT BY PUBLIC

SPACES?

ANS: Public spaces refer to streets and

alleys, public parks, schools, buildings,
I. SAFE SPACES ACT malls, bars, restaurants, transportation
terminals, public markets, spaces used as
evacuation centers, government offices,
Q: WHAT IS CATCALLING? public utility vehicles as well as private
vehicles covered by app-based transport
ANS: Catcalling refers to unwanted network services and other recreational
remarks directed towards a person, spaces such as, but not limited to,
commonly done in the form of wolf- cinema halls, theaters and spas. (R.A.
whistling and misogynistic, transphobic, No. 11313, Sec. 3, Par. g).
homophobic, and sexist slurs. (R.A. No.
11313, Sec. 3, Par. a).
Q: WHAT IS STALKING?

Q: WHAT IS GENDER? ANS: Stalking refers to conduct directed

at a person involving the repeated visual
ANS: Gender refers to a set of socially or physical proximity, non-consensual
ascribed characteristics, norms, roles, communication, or a combination thereof
attitudes, values and expectations that cause or will likely cause a person to
identifying the social behavior of men fear for one's own safety or the safety of
12
others, or to suffer emotional distress. Q: MAY THE LTO CANCEL THE
(R.A. No. 11313, Sec. 3, Par. h). LICENSE OF PERPETRATORS FOUND
TO HAVE VIOLATED THE SAFE
SPACES ACT?
Q: HOW IS GENDER-BASED STREETS
AND PUBLIC SPACES SEXUAL ANS: Yes, in addition to the penalties,
HARASSMENT COMMITTED? the Land Transportation Office (LTO) may
cancel the license of perpetrators found
ANS: The crimes of gender-based streets to have committed acts constituting
and public spaces sexual harassment are sexual harassment in public utility
committed through any unwanted and vehicles, and the Land Transportation
uninvited sexual actions or remarks Franchising and Regulatory Board (LTFRB)
against any person regardless of the may suspend or revoke the franchise of
motive for committing such action or transportation operators who commit
remarks. (R.A. No. 11313, Sec. 4). gender-based streets and public spaces
sexual harassment acts. (R.A. No. 11313,
Sec. 6).
Q: WHAT ARE THE ACTS INCLUDED IN
GENDER-BASED STREETS AND
PUBLIC SPACES SEXUAL Q: MAY THE OWNER OR OPERATOR
HARASSMENT? OF PUVS BE HELD LIABLE FOR ACTS
COMMITTED BY EMPLOYEES?
ANS: Gender-based streets and public
spaces sexual harassment includes ANS: Yes, gender-based sexual
catcalling, wolf-whistling, unwanted harassment in public utility vehicles
invitations, misogynistic, transphobic, (PUVs) where the perpetrator is the
homophobic and sexist slurs, persistent driver of the vehicle shall also constitute
uninvited comments or gestures on a a breach of contract of carriage, for the
person's appearance, relentless requests purpose of creating a presumption of
for personal details, statement of sexual negligence on the part of the owner or
comments and suggestions, public operator of the vehicle in the selection
masturbation or flashing of private parts, and supervision of employees and
groping, or any advances, whether verbal rendering the owner or operator
or physical, that is unwanted and has solidarity liable for the offenses of the
threatened one's sense of personal space employee. (R.A. No. 11313, Sec. 6).
and physical safety, and committed in Q: What is the duty of DSWD in case
public spaces such as alleys, roads, the offense is committed by a minor?
sidewalks and parks. (R.A. No. 11313, ANS: In case the offense is committed by
Sec. 4). a minor, the Department of Social
Welfare and Development (DSWD) shall
take necessary disciplinary measures as
Q: WHAT ARE THE DUTIES OF provided for under Republic Act No. 9344,
RESTAURANTS, BARS, CINEMAS AND otherwise known as the "Juvenile Justice
OTHER PLACES OF RECREATION? and Welfare Act of 2006". (R.A. No.
11313, Sec. 7).
ANS: All restaurants, bars, cinemas and
other places of recreation shall install in
their business establishments clearly- Q: WHAT ARE THE PENALTIES FOR
visible warning signs against gender- VIOLATION OF SAFE SPACES ACT?
based public spaces sexual harassment,
including the anti-sexual harassment ANS:
hotline number in bold letters, and shall
designate at least one (1) anti-sexual Unlawful Acts Penalties
harassment officer to receive gender- For acts such as 1. The first offense
based sexual harassment complaints. cursing, wolf- shall be punished by
Security guards in these places may be whistling, a fine of One
deputized to apprehend perpetrators catcalling, leering thousand pesos
caught in flagrante delicto and are and intrusive (₱1,000.00) and
required to immediately coordinate with gazing, taunting, community service
local authorities. (R.A. No. 11313, Sec. 5). pursing, unwanted of twelve (12) hours
invitations, inclusive of

13
Unlawful Acts Penalties Unlawful Acts Penalties
misogynistic, pesos (₱15,000.00);
transphobic,
homophobic, and
sexist slurs, 3. The third offense
persistent shall be punished by
unwanted arresto mayor (1
attendance to a
comments on one's month and 1 day to
Gender Sensitivity
appearance, 6 months) and a fine
Seminar to be
relentless requests of Twenty thousand
conducted by the
for one's personal pesos (₱20,000.00).
PNP in coordination
details such as (R.A. No. 11313,
with the LGU and the
name, contact and Sec. 11, Par. b).
PCW;
social media details 1. The first offense
or destination, the shall be punished by
use of words, arresto rnenor (11 to
2. The second
gestures or actions 30 days) or a fine of
offense shall be
that ridicule on the Thirty thousand
punished by arresto
basis of sex, For acts such as pesos (₱30,000.00),
menor (6 to 10 days)
gender or sexual stalking, and any of provided that it
or a fine of Three
orientation, identity the acts mentioned includes attendance
thousand pesos
and/or expression in Section 11 in a Gender
(₱3,000.00);
including sexist, paragraphs (a) and Sensitivity Seminar,
homophobic, and (b), when to be conducted by
transphobic accompanied by the PNP in
3. The third offense
statements and touching, pinching coordination with the
shall be punished by
slurs, the persistent or brushing against LGU and the PCW;
arresto menor (11 to
telling of sexual the body of the
30 days) and a fine
jokes, use of sexual offended person; or
of Ten thousand
names, comments any touching, 2. The second
pesos (₱10,000.00).
and demands, and pinching, or offense shall be
(R.A. No. 11313,
any statement that brushing against punished by arresto
Sec. 11, Par. a).
has made an the genitalia, face, mayor (1 month and
invasion on a arms, anus, groin, 1 day to 6 months)
person's personal breasts, inner or a fine of Fifty
space or threatens thighs, face, thousand pesos
the person's sense buttocks or any (₱50,000.00);
of personal safety; part of the victim's
1. The first offense body even when
For acts such as shall he punished by not accompanied 3. The third offense
making offensive a fine of Ten by acts mentioned shall be punished by
body gestures at thousand pesos in Section 11 arresto mayor in its
someone, and (₱10,000.00) and paragraphs (a) and maximum period or
exposing private community service (b). a fine of One
parts for the sexual of twelve (12) hours hundred thousand
gratification of the inclusive of pesos
perpetrator with attendance to a (₱100,000.00). (R.A.
the effect of Gender Sensitivity No. 11313, Sec. 11,
demeaning, Seminar, to be Par. c).
harassing, conducted by the
threatening or PNP in coordination
intimidating the with the LGU and the
offended party PCW; **************
including flashing
of private parts,
public 2. The second
masturbation, offense shall be
groping, and similar punished by arresto
lewd sexual menor (11 to 30
actions; days) or a fine of
Fifteen thousand
14