CHAPTER V

SUMMARY, CONCLUSIONS AND RECOMMENDATIONS

This chapter summarizes the study and derives conclusions and

recommendations from the outcome of the analysis made using provisions of the law,

Supreme Court decisions, statistics and other literature.

Summary

The main objective of this study was to determine the impact of R.A. 9028 or the

Anti-Trafficking in Persons Act of 2003 as amended through an analysis of the law, its

amendments, Supreme Court decisions, government reports and statistics, and other

pertinent literature.

Specifically, the study aimed to examine and compare R.A. 9028 from R.A. No.

10364. The study sought to analyze Supreme Court decisions under R.A. No. 9028 as

amended and government reports, administrative data collected and statistics related to

Anti-Trafficking in Persons. Moreover, the study aimed at providing proposals for

amendments to R.A. 9028 as amended, if necessary.

This study utilized a non-experimental qualitative research.

The research design used in this study includes a comparative analysis of the

two laws subject of this study. It involves a content analysis of all R.A. 9208 cases

decided by the Supreme Court since its enactment in 2003 and a literature review of
publications, articles, reports, and other materials about Anti-Trafficking in Persons Act of

2003's status and implementation. This thesis uses books, journals, newspaper articles,

published reports, academic studies, and other internet sources both in domestic and

international fields. Government reports and non-government sources of literature form

the foundation for this analysis. Data from the Inter-Agency Council Against Trafficking

(IACAT) provide critical quantitative benchmarks for analysis and discussion.

This study is purely discussion type. No experiments, surveys or interviews were

conducted. Therefore, no population or sampling method is necessary.

The results of this study, through the comparison of the two (2) laws, revealed

that many significant amendments introduced under R.A. No. 10364 had given more

teeth to the law which seeks to eliminate trafficking activities.

While there were no data analyzed as to Regional Trial Court decisions, an

analysis of the Supreme Court rulings exposed the weakness of the judiciary as to the

promptness of the resolution of cases.

The examination of reports from IACAT showed, among others, more convictions

after the enactment of the Expanded Anti-Trafficking in Persons Act of 2013.

While the amendments to the Anti-Trafficking in Persons Act of 2003 made a

significant impact on the implementation of the law, the Philippines remained Tier 2.

While trafficking activities cannot be wiped out completely, more actions on the part of

the government are sought. Tier 1 is a goal, and it means implementation of the law

through vigorous prosecution, proactive victim identification, victim protection efforts,

legal assistance, and more governmental measures to prevent human trafficking.

Conclusions
 Based on the findings of the study, the following conclusions are reached:

R.A. 10364 introduced substantial amendments to R.A. 9028. Some of the

provisions of the expanded law are enforced while others are not.

A massive backlog of cases and lengthy, discontinuous trialscontinued to pose

significant challenges to the success of anti-trafficking prosecution efforts. Most victims

are women, and the pattern is more of international than domestic trafficking.

More convictions were secured after the enactment of the Expanded Anti-

Trafficking in Persons Act of 2013, but the overall number of convictions remained low

compared to the size of the problem.

Statistics for convictions are available, but a comprehensive statistics for the total

number of victims identified and assisted are not.

Recommendations

It was established that there is a need strengthen not only the law but its

implementation because of the relatively low conviction and continued prevalence of

trafficking activities. Again, while it is acknowledged that trafficking cannot be eliminated,

it is believed that a more aggressive approach should be taken to minimize or even

prevent its occurrence.

While the promulgation of anti-trafficking criminal laws points to increased

commitment to addressing the crime, challenges in fully implementing the promise of

Palermo remain. The aim of the law is not only to fight the current trafficking activities but

also to prevent it from even existing. As a country with a vibrant tradition of migration
abroad for economic or other opportunities, one aspect that must be looked into is

regulating labor recruiters and employment agencies and eliminating recruitment fees

charged to workers.

An increased effort to hold government officials administratively and criminally

accountable for trafficking and trafficking-related offenses through criminal prosecutions,

convictions, and severe sentences should be made. Government should ensure

accountability for leaders that fail to address trafficking-related corruption within their

areas of jurisdiction

Due to more pervasiveness of international trafficking, or having other countries

as the destination of trafficked Filipinos, the government should increase efforts to

established linkages with the governments of destination countries through diplomatic

channels, law enforcement, and the investigation and prosecution of trafficking

offenders. It must also examine "offloading" policies to ensure this practice does not

interfere with individuals' freedom of movement.

The government has already started in this area, but it should continue to

disseminate information on 2003 Anti-Trafficking in Persons Act throughout the country

and train law enforcement and social service officials, prosecutors, and judges on the

use of the law.

It cannot be less emphasized that the significant backlog of trafficking cases

must be addressed through the development of mechanisms to track and monitor the

status of cases filed with the trial courts and the Department of Justice (DOJ). It is also

recommended that there should be an increase in funding for the DOJ's witness

protection program and focus must be made not only on convictions but also the victims.

They should facilitate the entry of trafficking victims into the program. There's a need to
provide public health, justice, victim support and investigation to victims of human

trafficking to ensure that the cycle of violence is not repeated.