Section 7Sec./Art. 7

Section 8 of Republic Act No. 9208, as amended, is hereby further amended to read as follows:

"Section 8. Investigation and Prosecution of Cases. -

(a) Initiation of Investigation. - Law enforcement agencies (LEAs) are mandated to immediately initiate investigation and countertrafficking-intelligence gathering motu proprio or within ten (10) days upon receipt of statements, reports, or affidavit from victims of trafficking, migrant workers, or their families, internet intermediaries, and other persons who have personal knowledge or information about possible violations of this Act including the private sector, and for this purpose shall closely coordinate with one another.

They shall initiate bilateral or multi-lateral agreements with other States to allow foreign internet intermediaries to share with local authorities possible investigation data necessary for the prosecution of cases: Provided, That in all instances the right to privacy of the victims and their families must be respected and protected;

(b) Interception of Communications. - A law enforcement officer (LEO) may, upon a written order from the Regional Trial Court, track, intercept, view, monitor, surveil, listen to, and record involving at least one person charged with, or suspected, or reasonably believed to have committed violations under this Act, with the use of any mode, form, kind, or type of electronic or intercepting devices, any communications, information or messages, including procurement of content data transmitted by means of a computer system, or with the use of any other suitable ways and means for that purpose: Provided, That when the victim is a child and the offense involves the use of computer systems and digital platforms, a court order shall not be required in order for a LEO acting in an undercover capacity to intercept communication with a person reasonably believed to have committed, is committing, or about to commit any of the violations described under this Act: Provided, further, That notwithstanding the procedure in this provision, a LEO shall not be precluded from obtaining a warrant to intercept computer data under the rule on cybercrime warrants.

The order shall only be issued or granted upon ex parte written application of a LEO, who shall be examined under oath or affirmation to establish the following facts or circumstances:

(1) That there are reasonable grounds to believe that any of the crimes enumerated hereinabove has been committed, or is being committed, or is about to be committed;

(2) That there are reasonable grounds to believe that evidence that will be obtained is essential to the conviction of any person for, or to the solution of, or to the prevention of, any such crimes; and

(3) That there are no other means readily available for obtaining such evidence.

The order shall only be effective for the length of time as determined by the court, which shall not exceed a period of thirty (30) days from its issuance. The court issuing the order may, upon motion, extend its effectivity based only on justifiable reasons or that it is necessary in furtherance of the investigation or to serve the public interest, for a period not exceeding thirty (30) days after the expiration of the original period.

In case the original applicant is not available to file the application for extension or renewal, any other member of the team duly authorized by their superior officer may instead file the application for extension or renewal: Provided, That the LEO shall have thirty (30) days after the termination of the period granted by the authorizing court as provided in the preceding paragraphs within which to file the appropriate case before the Public Prosecutors Office of the Department of Justice (DOJ) for any violation of this Act.

If no case is filed within the thirty (30)-day period, the LEO shall, within thirty (30) days after the expiration of the order, notify the authorizing court that no case has been filed. Failure to notify the authorizing court within the required period shall be penalized under Section 10(g) of this Act.

In investigating violations of this Act involving the use of the internet and other digital platforms, LEOs acting in an undercover capacity who record their communications with a person or persons reasonably believed to have committed, is committing, or is about to commit any of the violations under this Act, shall not be considered as wiretapping or illegal interception, and shall not be liable under the provisions of Republic Act No. 4200 or 'The Anti-Wiretapping Law': Provided, That victims of trafficking in persons, of whatever age, shall not be liable under the provisions of Republic Act No. 4200 and Republic Act No. 10175 or the 'Cybercrime Prevention Act of 2012,' if they record, transmit, or perform any other acts directly or indirectly related to the reporting of any violation of this Act committed against them;

(c) Classification and Content of the Order of the Authorizing Court. - The written order of the court authorizing the conduct of interception shall specify the following:

(1) The identity, such as name and address, if known, of the charged or suspected person whose communications, are to be intercepted;

(2) In the case of communications made through the use of information and communications technology, the particular description of the number or account of the subscriber or registrant to be intercepted and their locations, if known;

(3) If the person suspected of the crime is not fully known, such person shall be subject to continuous surveillance provided there is a reasonable ground to do so;

(4) The identities of the intercepting LEOs, or the identities of individuals or juridical persons who will assist the LEA in carrying out said interception;

(5) The offense or offenses committed or being committed, or sought to be prevented; and

(6) The length of time within which the authorization shall be used or carried out;

(d) Custody of Intercepted Communications. - All tapes, discs, and recordings made pursuant to this section, including all excerpts and summaries thereof as well as all written notes or memoranda made in connection therewith, shall, within forty-eight (48) hours after the expiration of the period fixed in the written order, or within forty-eight (48) hours after the expiration of any extension or renewal, be submitted to the authorizing court or its appointed custodian. It shall be contained in a sealed envelope or package, as the case may be, and shall be accompanied by a joint affidavit of the LEO and the team members.

In case of death or physical incapacity of the applicant to execute the required affidavit, the team member who is next in rank to the applicant named in the written order shall, together with the other team members execute the required affidavit. The LEA may, with proper court authorization, copy computer data that shall be utilized for case build-up or preliminary investigation purposes.

The copy of the computer data may be retained by the LEAs while the digital devices examined and the result of the digital forensic examination shall be deposited with the court that issued the court warrant, or in case where a criminal case is already filed in court, the court hearing the criminal case.

It shall be unlawful for any person, LEO, or any custodian to make a copy of the materials in their custody, such as tapes, discs, video footages and other recordings, or excerpts and summaries thereof including written notes and memoranda made in connection therewith, without court authorization, or to remove, delete, expunge, incinerate, shred, or destroy in any manner the items enumerated above in whole or in part under any pretext whatsoever;

(e) Contents of Joint Affidavit. - The joint affidavit of the LEO and the individual team members shall state:

(1) The number of tapes, discs, and recordings that have been made, as well as the number of excerpts and summaries thereof, and the number of written notes and memoranda, if any, made in connection therewith;

(2) The dates and times covered by each of such tapes, discs, and recordings;

(3) The number of tapes, discs, and recordings, as well as the number of excerpts and summaries thereof and the number of written notes and memoranda made in connection therewith that have been included in the deposit; and

(4) The date of the original written authorization granted by the DOJ to the applicant to file the ex parte application to conduct the interception, as well as the date of any extension or renewal of the original written authority granted by the authorizing court.

The joint affidavit shall also certify under oath that no unauthorized duplicates or copies of the whole or any part of any of such tapes, discs, and recordings, excerpts, summaries, written notes, and memoranda, have been made, or if made, that all such duplicates and copies are included in the sealed envelope or package, as the case may be, deposited with the authorizing division of the authorizing court;

(f) Disposition of Deposited Material. - The sealed envelope or package and the contents thereof, which are deposited with the authorizing court, deemed and are hereby declared classified information, shall not be opened. Its contents, including the tapes, discs, recordings, all the excerpts and summaries thereof, and the notes and memoranda made in connection therewith, shall not be divulged, revealed, read, replayed, or used as evidence unless authorized by written order of the authorizing court. For this purpose, the DOJ shall file a written application to open the sealed envelope or package before the authorizing court, with proper written notice to the person whose communications have been the subject of interception to open, reveal, divulge, and use the contents of the sealed envelope or package as evidence.

The written application with notice to the party concerned to open the deposited sealed envelope or package shall clearly state the purpose or reason:

(1) For opening the sealed envelope or package;

(2) For revealing or disclosing its classified contents;

(3) For replaying, divulging, or reading intercepted communications, including any of the excerpts and summaries thereof and any of the notes or memoranda made in connection therewith; and

(4) For using as evidence any of the intercepted communications, including any of the excerpts and summaries thereof and any of the notes or memoranda made in connection therewith;

(g) Evidentiary Value of Deposited Materials. - Intercepted communications, or any part or parts thereof, or any information or fact contained therein, including their existence, content, substance, purport, effect, or meaning, which have been secured in violation of the pertinent provisions of this Act, shall absolutely not be admissible and usable as evidence against any person in any judicial, quasi-judicial, legislative, or administrative investigation, inquiry, proceeding, or hearing;

(h) Prosecution. - Offenses punishable under this Act are public crimes. Any person who has personal knowledge of the commission of any offense under this Act, such as the trafficked person, the parents, spouse, siblings, children, legal guardian, officer or social worker or representative of a licensed child-caring institution, officer or social worker of the Department of Social Welfare and Development (DSWD), Philippine National Police (PNP) or National Bureau of Investigation (NBI) officers, barangay chairperson, or at least three (3) concerned citizens where the violation occurred, may file a complaint under this Act;

(i) Venue. - A criminal action arising from a violation of this Act shall be filed where the offense was committed, or where any of its elements occurred, or where the trafficked person actually resides at the time of the commission of the offense: Provided, That the court where the criminal action is first filed shall acquire jurisdiction to the exclusion of other courts. Cases involving trafficking in persons shall be heard in the chamber of the Regional Trial Court duly designated as family courts;

(j) Affidavit of Desistance. - Cases involving trafficking in persons should not be dismissed based on the Affidavit of Desistance executed by the victims or their parents or legal guardians. Public and private prosecutors are directed to oppose and manifest objections to motions for dismissal. Any attempt to unduly pressure the complainant to execute an Affidavit of Desistance shall be punishable under this Act;

(k) Immediate Protection of Trafficking Victims. - Where warranted, trafficking victims shall immediately be placed under the protective custody of the DSWD, pursuant to Republic Act No. 7610, otherwise known as the 'Special Protection of Children Against Abuse, Exploitation and Discrimination Act.' In the regular performance of this function, the DSWD shall be free from any administrative, civil, or criminal liability. Custody proceedings shall be in accordance with the provisions of Presidential Decree No. 603 or 'The Child and Youth Welfare Code.'

Victims of trafficking of all ages shall be entitled to immediate temporary protective shelter from the DSWD: Provided, That if the trafficked person is overseas, it shall be the relevant embassy or consulate that shall provide the same.

Victims of trafficking and their family members shall be entitled to protection as well as preferential entitlement to the rights and benefits of witnesses under Republic Act No. 6981, otherwise known as the 'Witness Protection, Security and Benefit Act': Provided, That they possess all the qualifications and none of the disqualifications under the said law.

A victim of trafficking shall also be considered as a victim of a violent crime as defined under Section 3(d) of Republic Act No. 7309, entitled 'An Act Creating a Board of Claims under the Department of Justice for Victims of Unjust Imprisonment or Detention and Victims of Violent Crimes and for Other Purposes,' so that the victim may claim compensation therein;

(l) Confidentiality. - All records and proceedings under this law, from the initial contact until the final disposition of the case, shall be considered privileged and confidential. The public shall be excluded during the proceedings and the records shall not be disclosed directly or indirectly to anyone by any of the parties or the participants in the proceedings for any purpose whatsoever where the testimony of the child shall be taken in accordance with A.M. No. 004-07-SC or the Rule on Examination of a Child Witness.

It shall be unlawful for any editor, publisher, reporter or columnist in case of printed materials, announcer or producer in case of television and radio broadcasting and digital media, and producer and director of the film in case of the movie industry, to cause any publicity that may result in the further suffering of the victim. Any person or agency involved in the reporting, investigation, or trial of cases of gender-based violence shall refrain from any act or statement that may be construed as blaming the victim or placing responsibility for the offense committed against the victim."