c. Frequent change of supervising lawyers. CLB usually acts as private prosecutor
representing the victim in these cases. However, because of CLB’s nature as an NGO,
lawyers are usually project staff and thus when projects are terminated, the lawyer is also
terminated and thus not able to continue representing the victim. The lawyer who takes
over with a new project will have to again establish rapport with the client.
d. There is also a challenge related to courts and judges. First, the demand to recount the
factual antecedents concerning the allegations against traffickers during court hearings,
which could possibly re-traumatize the victim. Another challenge relates to foreign
perpetrators usually being allowed to post bail. After posting bail, they could easily go out
of the country and end up jumping bail with their lawyers alleging that they cannot
anymore be contacted. Thus, their cases are archived.
e. Slow prosecution and administration of justice. Prosecution of cases could take more
than five years. The court’s dockets are full and several hearings are scheduled in one
day, thus, hearings are at times reset specially if the case is scheduled near the last hours.
f. Inoperative mandated councils like the Local Council Against Trafficking (LCAT) in some
jurisdictions. Not all the municipalities and cities have established LCATs. Some have
been created through Executive Orders in compliance with the law but are inactive.
g. Inadequate Services. Although government agencies such as DSWD have existing services
for survivors, these are inadequate. There is a lack of shelter for boys and limited financial
support by social welfare offices to survivors in the course of prosecuting trafficking cases.
Added to that are difficulties in accessing support services in the government and at times,
the lack of capacity of some survivors to properly utilize the financial assistance provided
to them due to lack of entrepreneurial and marketing skills.
h. Inadequacy of the law for online sexual abuse and exploitation. Most of the time, cases
of OSAEC are prosecuted under Anti Trafficking in Persons (RA 9208), 7610 or 9775 in
relation with 10175. These laws do not cover all the acts involved in the process of OSAEC.
For instance, RA 9208 would require certain acts of trafficking such as transportation and
others which may not be present in an OSAEC case as “transportation” is virtual. RA 7610
is not specific about online child sexual abuse as it only covers actual touching and the
acts defined under RA 9775 does not cover some acts that can be considered as OSAEC.
Furthermore the laws do not address the money transfer agencies which is usually where
the money profited from OSAEC are channeled.
VII.
Conclusion
Trafficking in Persons still persist in the Visayas and in the Philippines even with traffickers
being prosecuted and victims given assistance. Although the Philippines has been given a
Tier 1 classification which means that trafficking in persons is being addressed, this research
shows that the problem of trafficking in persons is very much present and there are many
challenges that has to be overcome, one of which is addressing the root causes of the
problem.
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