Criminal Law
Updated 31st May 2025
Crimes punishable under the Expanded Anti-Trafficking in Persons Act of 2022
SECTION 4: Acts of Trafficking in Persons
Core trafficking crimes (20 years imprisonment + ₱1-2M fine):
- (a) Recruiting/harboring persons for prostitution, pornography, sexual exploitation, CSAEM/CSAM production, forced labor, slavery, debt bondage
- (b) Introducing/matching persons for marriage leading to exploitation
- (c) Contracting fake marriages for exploitation purposes
- (d) Organizing sex tourism
- (e) Maintaining persons in prostitution/pornography
- (f) Adoption for exploitative purposes
- (g) Facilitating illegal adoptions/child laundering
- (h) Trafficking for organ removal/sale
- (i) Recruiting children for armed conflict
- (j) Forced labor/slavery/debt bondage schemes
- (k) Child trafficking and exploitation
- (l) Organizing/financing trafficking operations
- (m) Deploying children abroad as migrant workers (for oversears domestic workers, a child is any person younger than 24 years old)
SECTION 4-A: Attempted Trafficking in Persons
Attempted trafficking crimes (15 years imprisonment + ₱500K-1M fine):
- (a) Facilitating solo child travel without proper permits
- (b) Executing paid adoption consent
- (c) Recruiting women to bear children for sale
- (d) Simulating births for child sale
- (e) Acquiring children from institutions for sale
SECTION 4-B: Accomplice Liability
Accomplice crimes (15 years imprisonment + ₱500K-1M fine):
- Knowingly aiding/abetting trafficking operations
SECTION 4-C: Accessories
Accessory crimes (penalties per Section 10(d)):
- (a) Profiting from trafficking proceeds
- (b) Concealing/destroying evidence
- (c) Harboring/assisting escape of traffickers
SECTION 5: Acts that Promote Trafficking in Persons
Promotion/facilitation crimes (15 years imprisonment + ₱500K-1M fine):
- (a) Allowing premises/vehicles/systems for trafficking
- (b) Producing/distributing fake travel documents
- (c) Advertising trafficking services
- (d) Assisting in document fraud
- (e) Facilitating illegal border crossings
- (f) Confiscating victim documents
- (g) Benefiting from forced labor
- (h) Tampering with evidence/influencing witnesses
- (i) Restricting victim movement via document control
- (j) Using official position to impede investigations
- (k) Internet intermediaries allowing trafficking use
- (l) Internet cafes allowing trafficking activities
- (m) Financial institutions facilitating trafficking
- (n) Facilitating entry of convicted sex offenders
- (o) Arranging encounters between sex offenders and children
SECTION 6: Qualified Trafficking in Persons
Aggravated trafficking relating to SECTION 4 (Life imprisonment + ₱2-5M fine):
- When victim is a child
- When adoption involves inter-country adoption laws
- When committed by syndicate/large scale
- When offender is family member/authority figure/public official
- When using fraudulent travel documents
- When offender is military/law enforcement
- When victim dies/becomes insane/suffers mutilation/contracts HIV/AIDS
- When committed over 60+ days
- When offender directs victim actions
- When committed during crisis/disaster/pandemic
- When victim is indigenous/religious minority/PWD
- When crime results in pregnancy
- When victim suffers mental/emotional disorder
- When committed using ICT/computer systems
SECTION 7: Confidentiality Violations
Privacy violations (6 years imprisonment + ₱500K-1M fine):
- Unlawful disclosure of trafficking victim identity by media/officials
SECTION 8: Investigation and Prosecution Violations
Procedural violations (6 years imprisonment + ₱500K-1M fine):
- (b) Violations of interception procedures
- (d) Violations of evidence custody rules
- (g) Unauthorized copying/destroying of surveillance materials
SECTION 9: Private Sector Duty Violations
Corporate/business violations (₱2-5M fine for first offense, ₱2-10M + license revocation for repeat):
- Internet intermediaries failing to block/report trafficking content
- Businesses failing to report suspected trafficking
- Tourism enterprises not implementing anti-trafficking measures
- Financial institutions not reporting suspicious transactions
- Hotels/accommodations not reporting trafficking activities
SECTION 11: Use of Trafficked Persons
Client/customer crimes:
- Basic offense: 6-12 years imprisonment + ₱50K-100K fine
- With child victim: 17-40 years imprisonment + ₱500K-1M fine
- Aggravated (force/unconscious victim/under 12): 40 years imprisonment (no parole) + ₱1-5M fine
- Deportation for foreign offenders
- Dismissal for public officials
Additional Penalties Across Sections:
- Automatic license revocation for recruitment agencies
- Permanent deportation for foreign offenders
- Dismissal from service for government officials
- Perpetual disqualification from public office
- Forfeiture of retirement benefits
- Confiscation of proceeds and properties