Article 147Act No. 3815, Sec./Art. 147

Illegal associations.-The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 1,000 pesos shall be imposed upon the founders, directors, and presidents of associations totally or partially organized for the purpose of committing any of the crimes punishable under this Code or for some purpose contrary to public morals. Mere members of said associations shall suffer the penalty of arresto mayor.

CHAPTER FOUR

ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO PERSONS IN AUTHORITY AND THEIR AGENTS

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

(g) To knowingly benefit from, financial or otherwise, or

make use of, the labor or services of a person held to a

condition of involuntary servitude, forced labor, or slavery.

(h) To tamper with, destroy, or cause the destruction of

evidence,

or

to

influence

or

attempt

to

influence

witnesses, in an investigation or prosecution of a case

under this Act; (n)

(i) To destroy, conceal, remove, confiscate or possess, or

attempt

to

destroy,

conceal,

remove,

confiscate

or

possess, any actual or purported passport or other travel,

immigration or working permit or document, or any

other actual or purported government identification, of

any person in order to prevent or restrict, or attempt to

prevent or restrict, without lawful authority, the person’s

liberty to move or travel in order to maintain the labor or

services of that person; (n) or

(j) To utilize his or her office to impede the investigation,

prosecution or execution of lawful orders in a case under

this Act. (n)

Section 6. Qualified Trafficking in Persons. - Violations of

Section 4 of this Act shall be considered as qualified

trafficking:

(a) When the trafficked person is a child;

(b) When the adoption is effected through Republic Act

No.

8043,

otherwise

known

as

the

"Inter-Country

Adoption Act of 1995" and said adoption is for the purpose

of prostitution, pornography, sexual exploitation, forced

labor, slavery, involuntary servitude or debt bondage;

(c) When the crime is committed by a syndicate, or in

large

scale.

Trafficking

is

deemed

committed

by

a

syndicate if carried out by a group of three (3) or more

persons conspiring or confederating with one another. It

is deemed committed in large scale if committed against

three (3) or more persons, individually or as a group;

(d) When the offender is a spouse, an ascendant, parent,

sibling, guardian or a person who exercises authority over

the trafficked person or when the offense is committed

by a public officer or employee; (as amended)

(e) When the trafficked person is recruited to engage in

prostitution with any member of the military or law

enforcement agencies;

(f) When the offender is a member of the military or law

enforcement agencies; (as amended)

(g) When by reason or on occasion of the act of trafficking

in persons, the offended party dies, becomes insane,

suffers

mutilation

or

is

afflicted

with

Human

Immunodeficiency Virus (HIV) or the Acquired Immune

Deficiency Syndrome (AIDS); (as amended)

(h) When the offender commits one or more violations of

Section 4 over a period of sixty (60) or more days, whether

those days are continuous or not; (h) and

(i)

When

the

offender

directs

or

through

another

manages

the

trafficking

victim

in

carrying out the

exploitative purpose of trafficking. (n)

Section

7.

Confidentiality.

-

At

any

stage

of

the

investigation, rescue, prosecution and trial of an offense

under this Act, law enforcement officers, prosecutors,

judges,

court personnel, social workers and medical

practitioners, as well as parties to the case, shall protect

the right to privacy of the trafficked person. Towards this

end, law enforcement officers, prosecutors and judges to

whom the complaint has been referred may, whenever

necessary to ensure a fair and impartial proceeding, and

after considering all circumstances for the best interest of

the parties, order a closed-door investigation, prosecution

or trial. The name and personal circumstances of the

trafficked person or any other information tending to

establish the identity of the trafficked person and his or

her family shall not be disclosed to the public.

It shall be unlawful for any editor, publisher, and reporter

or columnist in case of printed materials, announcer or

producer in case of television and radio, producer and

director of a film in case of the movie industry, or any

person

utilizing

tri-media

facilities

or

electronic

information technology to cause publicity of the name,

personal circumstances, or any information tending to

establish the identity of the trafficked person except

when the trafficked person in a written statement duly

notarized knowingly, voluntarily and willingly waives said

confidentiality.

Law

enforcement

officers,

prosecutors, judges, court

personnel, social workers and medical practitioners shall

be

trained

on

the

importance

of

maintaining

confidentiality as a means to protect the right to privacy

of victims and to encourage victims to file complaints. (as

amended)

Section 8. Initiation and Prosecution of Cases. - (a)

Initiation of Investigation. – Law enforcement agencies

are mandated to immediately initiate investigation and

counter-trafficking-intelligence gathering upon receipt of

statements

or

affidavit

from

victims

of

trafficking,

migrant workers, or their families who are in possession of

knowledge or information about trafficking in persons

cases.

(b) Prosecution of Cases. – 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 or legal guardian may file a complaint

for trafficking.

(c) 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 act involving the means provided in this Act or any

attempt thereof for the purpose of securing an Affidavit

of Desistance from the complainant shall be punishable

under this Act.

(as amended)

Section

9 .

Venue .

-

A

criminal action arising from

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.

Section 10. Penalties and Sanctions . - The following

penalties and sanctions are hereby established for the

offenses enumerated in this Act:

(a) Any person found guilty of committing any of the acts

enumerated in Section 4 shall suffer the penalty of

imprisonment of twenty (20) years and a fine of not less

than One million pesos (P1,000,000.00) but not more

than Two million pesos (P2,000,000.00);

(b) Any person found guilty of committing any of the acts

enumerated in Section 4-A of this Act shall suffer the

penalty of imprisonment of fifteen (15) years and a fine of

not less than Five hundred thousand pesos (P500,000.00)

but not more than One million pesos (P1,000,000.00);

(c) Any person found guilty of Section 4-B of this Act shall

suffer the penalty of imprisonment of fifteen (15) years

and a fine of not less than Five hundred thousand pesos

(P500,000.00) but not more than One million pesos

(P1,000,000.00);

In

every

case, conviction shall cause and carry the

automatic revocation of the license or registration of the

recruitment agency involved in trafficking. The license of

a recruitment agency which trafficked a child shall be

automatically revoked.

(d) Any person found, guilty of committing any of the acts

enumerated in Section 5 shall suffer the penalty of

imprisonment of fifteen (15) years and a fine of not less

than Five hundred thousand pesos (P500,000.00) but not

more than One million pesos (P1,000,000.00);

(e) Any person found guilty of qualified trafficking under

Section 6 shall suffer the penalty of life imprisonment and

© Compiled By RGL

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