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