Author name: Juliana Sales

The Philippines currently ranks as a Tier I country in its serious and sustained efforts to eliminate trafficking in a 2024 report by the US Department of State. However, it remains a problem in the country, mainly targeting those in the rural and urban communities in impoverished and conflict areas. In the 2023 Global Slavery Index (GSI) by Walk Free international human rights group, the Philippines ranks seventh in the Asia Pacific region (out of 27 countries) in the prevalence and the total number of people living in any situation of exploitation or what they call “modern slavery”, and 36th out of 160 globally. The GSI estimates 859,000 that on any given day in 2021, there were 859,000 Filipinos in modern slavery, which is equivalent to 7.8 people in modern slavery for every thousand people in the country.  With one of the largest migrant populations in the world, the Philippines remains vulnerable to both domestic and overseas trafficking. Perpetrators not only include Filipino citizens but also tourists, specifically sex tourists, from more wealthy and developed countries that often dodge their sex offense charges in their home countries and look to exploit women and children here. To address such issues, the Inter-Agency Council Against Trafficking (IACAT) approved the DOJ Memorandum Circular No. 036-2015 on January 15, 2015, which highlights the framework and guidelines for Departure Formalities for International-Bound Passengers in all Philippine airports which still serves as the prevailing rule for travel today.  Primary Inspection All passengers that are international-bound shall undergo primary inspection, this shall be the usual presentation of travel documents. The Bureau of Immigration officers shall interview the passenger about the travel’s purpose and carefully check the passenger’s travel documents. For Regular Tourists For First-Time and Returning Overseas Filipino Workers (OFWs) For Returning OFWs (Balik-Manggagawa) For Minors Traveling Abroad For Spouses or Partners of Foreign Nationals For Business Travelers Secondary Inspection The officer may deny departure or endorse the passenger for a secondary inspection if there is a misrepresentation of the purpose of travel. These are the instances that the PIO shall refer the passenger for secondary inspection: For OFWs and Returning Workers For First-Time Travelers Meeting Foreign Partners For Tourists with Weak Travel Justification For Minors and Vulnerable Individuals Guidelines on Deferred Departure Passengers In cases where a passenger is deferred from departure due to suspected human trafficking, illegal recruitment, or fraudulent documentation, the following procedures apply: Turnover to Proper Authorities Documentation and Record-Keeping Assistance and Re-evaluation These processes are implemented under the Anti-Trafficking in Persons Act (RA 9208, as amended by RA 10364).The government aims to protect vulnerable individuals while ensuring the constitutional right to travel is not unreasonably restricted. To read more STLAF legal tidbits, visit www.stlaf.global/bits-of-law. For comments and inquiries, email legal@stlaf.global.