AN ORDINANCE TO IMPLEMENT AND ENFORCE THE PROVISIONS OF REPUBLIC ACT 9208, OTHERWISE KNOWN AS THE ANTI- TRAFFICKING ACT OF 2003 AND ITS IMPLEMENTING RULES AND REGULATIONS AND FOR OTHER PURPOSES.
Sponsored by : Committee on Women, Children & Family Affairs
RECOGNIZING that the Philippine government has declared its full support for the international community’s campaign to fight trafficking in persons, especially women and children;
REALIZING that persons especially women and children need to be afforded protection against violence and exploitation, and concrete measures should be taken to eliminate trafficking of these vulnerable sectors of the community;
ACKNOWLEDGING that the Anti Trafficking in Persons Act of 2003,which serves as the national framework to address trafficking issues and concerns, has been signed into law on 26 May 2003;
CONSIDERING that trafficking in persons should be directly addressed to this Sangguniang Bayan to help prevent the Municipality of Maribojoc as a source, transit point, or destination of trafficking victims;
Be it enacted by the Saggguniang Bayan of Maribojoc, Bohol, that:
SECTION 1. Title – This Local Ordinance shall be known as the Anti Trafficking in Persons Ordinance of 2007
SECTION 2 – Definition of Terms – As used in this Ordinance: ( as defined in RA 9208)
a.) Trafficking in Persons – refers to the recruitment, transportation, transfer or harboring, or receipt of persons with or without the victim’s consent or knowledge, within or across national borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of orgasm.
The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall also be considered as “trafficking in persons” even it does not involve any of the means set forth in the preceding paragraph;
b.) Child – refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition.
c.) Prostitution- refers to any act, transaction, scheme or design involving the use of a person by another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration.
d.) Forced Labor and Slavery – refer to the extraction of work or service from any person by means of enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception.
e.) Sex Tourism – refers to a program organized by travel and tourism-related establishments and individuals which consists of tourism packages or activities utilizing and offering escort and sexual services as enticement for tourists. This includes sexual services and practices offered during rest and recreation periods for members of the military.
f.) Sexual Exploitation- refers to participation by a person in prostitution or the production of pornographic materials as a result of being subjected to a threat, deception, coercion, abduction, force, abuse of authority, debt bondage, fraud or through abuse of a victim’s vulnerability.
g.) Debt Bondage – refers to the pledging by the debtor of his/her personal services or labor or those of a person under his/her control as security or payment for a debt, when the length and nature of services is not clearly defined or when the value of the services as reasonably assessed is not applied toward the liquidation of the debt.
h.) Pornography – refers to any representation, through publication, exhibition, cinematography, indecent shows, information technology, or by whatever means, of a person engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a person for primarily sexual purposes.
SECTION 3 – Support Services and programs that Address Trafficking in Persons – The (LGU) shall undertake the following programs and activities:
(a) Implement the mandatory services enumerated in Section 23 of RA 9208;
(b) Develop and disseminate information materials on anti-trafficking;
(c) Train (LGU) personnel involved in programs against trafficking in persons;
(d) Institute or strengthen support services and programs;
(e) Develop and sustain the Migrant Advisory and Information Network (MAIN);
(f) Establish a system of referral, monitoring and reporting of trafficking cases using the prescribed standard reporting form;
(g) Conduct inspection, in coordination with proper authorities, of houses, buildings or establishments suspected of being used for trafficking activities;
(h) Institute a rewards scheme for those who have provided any information that led to the suppression/prevention of trafficking activities and apprehension of persons involved therein;
(i) Undertake other related activities at the local level.
SECTION 4. Local Committee on Anti-Trafficking – A local committee on anti-trafficking shall be constituted. The committee shall be the Chairman of the Committee on Women, Children and Family Affairs of the Sangguniang Bayan and shall be composed of the local counterparts, whenever available, of the national government agencies, where applicable, which are members of the Inter Agency council Against Trafficking (IACAT) enumerated in Section 20 of RA 9208 and other relevant LGU offices composed of the following:
Municipal Trial Court Judge
Municipal Social Welfare and Development Officer
SB Member – Chairman Committee on Labor and Employment Committee
Municipal Tourism Officer
Municipal Information Officer
Barangay ABC President
Chief of Police or Women’s Desk Officer
Local Government Operations/DILG Officer
Local Civil Registrar
SK Federation President
Religious Sector Representative
The following, who shall be appointed by the Local Chief Executive for a term of three years, from among the nominees of the Sanggunian, shall also be members of the Local Committee:
(a) Representatives of accredited NGOs/PO’s; and
(b) Representatives from the Barangay Human Rights Action Centers.
SECTION 5. Function of the Local Committee on Anti-Trafficking – The Committee shall:
(a) Coordinate (LGU) programs and activities related to the campaign against trafficking.
(b) Propose and recommend policies and regulations on anti-traficking to the Sanggunian,
( c ) Monitor and review policies, programs, projects and activities on anti- trafficking;
SECTION 6. – Coordination with Local, Provincial or Regional Offices of National Agencies whenever available or applicable, that are involved in the Anti-Trafficking in Persons Campaign – The Local Committee shall coordinate with the local offices of the following national agencies so as to make them perform their mandated responsibilities provided for by the law (refer to Section 16 of RA 9208)
Department of Foreign Affairs (DFA)
Department of Social Welfare and Development (DSWD)
Department of the Interior and Local Government (DILG)
Department of Labor and Employment (DOLE)
Department of Justice (DOJ)
Bureau of Immigration (BI)
Philippine National Police (PNP)
Philippine Overseas Employment Administration (POEA)
National Commission on the Role of Filipino Women (NCRFW)
The Local Committee shall likewise coordinate with the local offices of the following agencies whenever available or applicable as the need arises:
Commission on Filipinos Overseas (CFO)
Philippine Center for Transnational Crime (PCTC)
Overseas Workers Welfare Administration (OWWA)
National Police Commission (Napolcom)
Department of Education (Dep Ed)
Commission on Higher Education (CHED)
Technical Education and Skills Development Authority (TESDA)
SECTION 7: Coordination with Other Government Agencies, NGO’s and PO’s – The (LGU) shall coordinate with the local offices of other Government Agencies, accredited Non-Government Organizations and People’s Organizations engaged in anti-trafficking to provide full support to the Local Committee on Anti-Trafficking in the effective implementation of RA 9208.
SECTION 8: Appropriations. – For the effective implementation of this Ordinance, an initial appropriation of xx Pesos )xx) is hereby appropriated to facilitate the realization of programs, projects and activities for the year xxx. Thereafter, xx% from the Gender and Development (GAD) Funds of the IRA and a minimum pf 10% of the GAD Funds from any Official Development Assistance (ODA) shall form part of the annual appropriations. In addition, xx percent of collection of license fees for operation of establishments involved in entertainment and amusement shall be utilized for support programs and services related to trafficking in persons.
SECTION 9. Effectivity. – This Ordinance shall take effect fifteen (15) days after its publication in a t least one (1) newspaper accredited by the Sanggunian.
Approved – April 13, 2007
I HEREBY CERTIFY TO THE CORRECTNESS
OF THE ABOVE-QUOTED ORDINANCE:
(Sgd) PHILIP R. MEDEQUISO
(Sgd) ERLINDA V. CASTILLON
Acting Secretary to the Sangggunian
(Sgd) ENGR. GABINO C. REDULLA
Date signed: April 23, 2007
A true copy from the original:
ERLINDA V. CASTILLON
Acting Secretary to the Sanggunian