Dear Atty. Angela,

I am an NGO (Non-Governmental Organization) volunteer who works for a non-profit organization that assist and aid children who are victims of violence, abuse and child labor. We recently saved five minors who were tricked by a recruiter to forced labor of mine factories in Mindanao without pay. They were told by the recruiter that they will be paid a big amount of monthly wage and took them to remote sites without the consent of their parents. When they arrived, they were forced into labor and did not receive any pay. Our NGO received a tip from an informant about this exploitation and we were able to work with the police in raiding the site and saved the children. I want to know what case we can file against the recruiter and what is the penalty for this offense?

Gene

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Dear Gene,

The laws which govern the trafficking of minors is Republic Act 9209 as amended by RA 10364 or “The Anti-Trafficking in Persons Act of 2003” as amended by “The Expanded Anti-Trafficking in Persons Act of 2012.”

Trafficking in persons is an illegal act and is considered a violation of human rights. Under the Department of Justice Rules and Regulations on the Trafficking of Children, there is already a presumption of child trafficking if a person, whether natural or juridical, has under his custody two or more children without any legal basis or without being licensed to act as a foster parent or a child placement agency.

Further, in the case of People of the Philippines v. Joemarie Ubanon, G.R. No. 270934 (2024), the Supreme Court ruled that trafficking happens when individuals are recruited or transported — whether or not they give consent — through deception, coercion, or abuse of power for exploitative purposes like prostitution or forced labor. When the victims are minors, the offense becomes qualified trafficking, which carries a penalty of life imprisonment. It also emphasized that even just recruiting and transporting minors is enough to prove trafficking.

In this case, the recruiter took advantage of the minors’ age and need for money, convinced them to accept the job, and brought them to the site of mine factories, where they were exploited and unpaid. As such, it has been sufficiently proven that the recruiter is guilty for trafficking of minors to forced labor and shall suffer a penalty of life imprisonment.

Atty. Angela Antonio