DOJ: Trafficking victims prosecuted abroad not automatically shielded

Filipino human trafficking victims arrested and prosecuted overseas are not automatically protected by the non-punishment principle because countries apply different laws and policies to trafficking cases, the Department of Justice said Thursday.

Justice Undersecretary Nicholas Felix Ty said the principle, which protects trafficking victims from punishment for offenses they were compelled to commit because of their exploitation, is easier to apply when the case is prosecuted in the Philippines.

“It’s not automatic that another country will follow or consider a Filipino a victim of human trafficking and apply the non-punishment principle,” Ty said during a briefing on the case of Mary Jane Veloso.

Ty said Philippine authorities apply the principle to trafficking victims identified in the country.

Filipinas coerced into sex trafficking, for example, would not be prosecuted for prostitution-related offenses, while authorities would instead pursue their traffickers and operators, he said.

He also cited Filipinos rescued from trafficking operations linked to Philippine offshore gaming operators who were forced to take part in scams. Authorities treated them as trafficking victims while pursuing the operators, Ty said.

Cases become more complicated when Filipinos are arrested abroad because their treatment depends on the laws and policies of the country where they are prosecuted.

Ty cited Filipinas involved in illegal surrogacy operations in Cambodia and Filipinos rescued from scam operations in Cambodia and Myanmar.

Some have been repatriated following Philippine government intervention, but Ty said those cases should not be taken to mean that other countries will automatically recognize Filipinos as trafficking victims or apply the non-punishment principle.

Veloso case

Ty cited Veloso’s case as an example of the complexities involved when trafficking allegations intersect with criminal prosecution overseas.

Veloso was arrested in Indonesia in 2010 after authorities found illegal drugs in a suitcase she was carrying. She was convicted of drug trafficking and sentenced to death.

She has maintained that she was unknowingly used as a drug courier after being recruited for work abroad.

Veloso was scheduled for execution in 2015, but it was stayed after Philippine authorities appealed to Indonesia. She was transferred to Philippine custody in December 2024 under an agreement between the two countries.

President Ferdinand Marcos Jr. signed an absolute pardon for Veloso on 24 September 2026, paving the way for her release.

Ty said the government is aware of other Filipinos facing circumstances similar to Veloso’s but declined to disclose their number or details because negotiations involving their cases are confidential.

DOJ warns job seekers

Justice Secretary Fredderick Vida, meanwhile, urged Filipinos seeking employment overseas to use legal recruitment channels and avoid arrangements that could expose them to trafficking.

Vida warned against accepting overseas job offers from strangers online, traveling on tourist visas for employment, bypassing the Department of Migrant Workers and avoiding regular airport procedures.

“These are red flags,” Vida said.

He said government requirements for migrant workers are intended to prevent Filipinos from becoming undocumented or leaving the country without verified employers.

Vida said Veloso’s 16-year ordeal illustrated the risks of relying on informal promises when seeking employment overseas.

“A promise is not certainty,” he said.

He also urged recruiters not to exploit the trust of job seekers and said the government should focus not only on helping trafficking victims after they are arrested but also on preventing Filipinos from falling victim to trafficking schemes.

Transfer agreement

Ty said the agreement governing Veloso’s transfer from Indonesia provided that enforcement of her sentence after her return would be governed by Philippine laws and procedures, including provisions on remission, amnesty and other forms of clemency.

He said Philippine authorities remained in communication with their Indonesian counterparts but did not need separate authorization from Indonesia for the President to exercise his clemency powers.

Indonesian officials have acknowledged the pardon and said the transfer agreement between the two countries is reciprocal.

Veloso has said she plans to rebuild her life with her family and continue her studies.

Government agencies, including the Department of Migrant Workers, have prepared livelihood and other assistance for her reintegration.

Vida said programs are also available to help prisoners nearing release prepare for life outside prison through skills training, education and livelihood assistance.