Article 149Act No. 3815, Sec./Art. 149

Indirect assaults.-The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon any person who shall make use of force or intimidation upon any person coming to the aid of the authorities or their agents on occasion of the commission of any of the crimes defined in the next preceding article.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

(c) Provision of necessary technical and material support

services

to

appropriate

government

agencies

and

non-government organizations (NGOs);

(d) Sponsorship of conferences and seminars to provide

venue for consensus building amongst the public, the

academe,

government,

NGOs

and

international

organizations; and

(e) Promotion of information and education campaign on

trafficking.

Section 16. Programs that Address Trafficking in Persons .

-

The

government

shall

establish

and

implement

preventive, protective and rehabilitative programs for

trafficked

persons.

For

this

purpose,

the

following

agencies

are

hereby

mandated

to

implement

the

following programs:

(a) Department of Foreign Affairs (DFA) – shall make

available its resources and facilities overseas for trafficked

persons

regardless of their manner of entry to the

receiving country, and explore means to further enhance

its assistance in eliminating trafficking activities through

closer

networking with government agencies in the

country and overseas, particularly in the formulation of

policies and implementation of relevant programs. It shall

provide Filipino victims of trafficking overseas with free

legal

assistance

and counsel to pursue legal action

against his or her traffickers, represent his or her interests

in any criminal investigation or prosecution, and assist in

the

application

for

social

benefits

and/or

regular

immigration status as may be allowed or provided for by

the host country. The DFA shall repatriate trafficked

Filipinos with the consent of the victims.

The DFA shall take necessary measures for the efficient

implementation of the Electronic Passporting System to

protect the integrity of Philippine passports, visas and

other

travel

documents

to reduce the incidence of

trafficking through the use of fraudulent identification

documents.

In

coordination

with

the Department of Labor and

Employment, it shall provide free temporary shelters and

other services to Filipino victims of trafficking overseas

through the migrant workers and other overseas Filipinos

resource centers established overseas under Republic Act

No. 8042, as amended.

(b)

Department

of

Social Welfare and Development

(DSWD) – shall implement rehabilitative and protective

programs

for

trafficked

persons.

It

shall

provide

counseling and temporary shelter to trafficked persons

and develop a system for accreditation among NGOs for

purposes

of

establishing

centers

and

programs

for

intervention in various levels of the community. It shall

establish free temporary shelters, for the protection and

housing of trafficked persons to provide the following

basic services to trafficked persons:

(1) Temporary housing and food facilities;

(2) Psychological support and counseling;

(3)

24-hour

call

center

for

crisis

calls

and

technology-based counseling and referral system;

(4) Coordination with local law enforcement entities; and

(5) Coordination with the Department of Justice, among

others.

The DSWD must conduct information campaigns in

communities and schools teaching parents and families

that receiving consideration in exchange for adoption is

punishable

under

the

law.

Furthermore, information

campaigns must be conducted with the police that they

must not induce poor women to give their children up for

adoption in exchange for consideration.

(c) Department of Labor and Employment (DOLE) – shall

ensure the strict implementation and compliance with

the rules and guidelines relative to the employment of

persons locally and overseas. It shall likewise monitor,

document and report cases of trafficking in persons

involving employers and labor recruiters.

(d)

Department of Justice (DOJ) – shall ensure the

prosecution

of

persons

accused

of

trafficking

and

designate and train special prosecutors who shall handle

and prosecute cases of trafficking. It shall also establish a

mechanism

for

free

legal

assistance

for

trafficked

persons, in coordination with the DSWD, Integrated Bar

of the Philippines (IBP) and other NGOs and volunteer

groups.

(e) Philippine Commission on Women (PCW) – shall

actively participate and coordinate in the formulation and

monitoring of policies addressing the issue of trafficking

in persons in coordination with relevant government

agencies. It shall likewise advocate for the inclusion of the

issue of trafficking in persons in both its local and

international advocacy for women’s issues.

(f) Bureau of Immigration (BI) – shall strictly administer

and enforce immigration and alien administration laws. It

shall adopt measures for the apprehension of suspected

traffickers both at the place of arrival and departure and

shall ensure compliance by the Filipino fiancés/fiancées

and spouses of foreign nationals with the guidance and

counseling requirement as provided for in this Act.

(g) Philippine National Police (PNP) and National Bureau

of

Investigation

(NBI)

–

shall

be

the

primary

law

enforcement

agencies

to

undertake

surveillance,

investigation

and

arrest

of

individuals

or

persons

suspected to be engaged in trafficking. They shall closely

coordinate

with

each

other

and

with

other

law

enforcement agencies to secure concerted efforts for

effective investigation and apprehension of suspected

traffickers. They shall also establish a system to receive

complaints and calls to assist trafficked persons and

conduct rescue operations.

(h)

Philippine

Overseas

Employment

Administration

(POEA)

and

Overseas

Workers

and

Welfare

Administration

(OWWA)

–

POEA

shall

implement

Pre-Employment

Orientation

Seminars

(PEOS)

while

Pre-Departure

Orientation

Seminars

(PDOS) shall be

conducted by the OWWA. It shall likewise formulate a

system of providing free legal assistance to trafficked

persons, in coordination with the DFA.

The POEA shall create a blacklist of recruitment agencies,

illegal recruiters and persons facing administrative, civil

and

criminal

complaints

for

trafficking

filed

in

the

receiving country and/or in the Philippines and those

agencies, illegal recruiters and persons involved in cases

of trafficking who have been rescued by the DFA and

DOLE in the receiving country or in the Philippines even if

no formal administrative, civil or criminal complaints have

been

filed: Provided, That the rescued victims shall

execute an affidavit attesting to the acts violative of the

anti-trafficking

law. This blacklist shall be posted in

conspicuous places in concerned government agencies

and shall be updated bi-monthly.

The blacklist shall likewise be posted by the POEA in the

shared

government

information

system,

which

is

mandated to be established under Republic Act No. 8042,

as amended.

The POEA and OWWA shall accredit NGOs and other

service

providers

to

conduct

PEOS

and

PDOS,

respectively. he PEOS and PDOS should include the

discussion and distribution of the blacklist.

The license or registration of a recruitment agency that

has been blacklisted may be suspended by the POEA

upon a review of the complaints filed against said agency.

(i) Department of the Interior and Local Government

(DILG) – shall institute a systematic information and

prevention

campaign

in

coordination with pertinent

agencies of government as provided for in this Act. It shall

provide training programs to local government units, in

coordination

with

the

Council,

in

ensuring

wide

understanding and application of this Act at the local

level.

(j) Commission on Filipinos Overseas – shall conduct

pre-departure

counseling

services

for

Filipinos

in

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