Anti-Trafficking Declaration (Philippines)

An Anti-Trafficking Declaration in the Philippines sets down the declarant's affirmation of the facts or intentions described, for reliance by the relevant parties.

Republic Act No. 9208, as amended, defines trafficking in persons as the recruitment, transportation, transfer, harboring, receipt, or adoption of persons by means of threat, force, coercion, abduction, fraud, deception, abuse of power, taking advantage of vulnerability, or giving or receiving payment to achieve the consent of a person having control over another, for the purpose of exploitation — including sexual exploitation, forced labor, slavery, involuntary servitude, and debt bondage. The law establishes criminal penalties of imprisonment and fines for traffickers and prescribes inter-agency measures to prevent trafficking, protect victims, and prosecute perpetrators.

The Inter-Agency Council Against Trafficking (IACAT), chaired by the Department of Justice (DOJ) and co-chaired by the Department of Social Welfare and Development (DSWD), coordinates the anti-trafficking response across government agencies including the Bureau of Immigration, the DMW/POEA, the Philippine National Police (PNP), the National Bureau of Investigation (NBI), and the Department of Foreign Affairs (DFA). IACAT issues guidelines for airport interdiction — the process of identifying possible trafficking victims at departure ports — and requires BI immigration officers to interview departing Filipinos who exhibit trafficking indicators.

The Bureau of Immigration enforces Inter-Agency Council Against Trafficking (IACAT) Operations Order No. MCL-2022-001 and related issuances that establish the Departure Formality System, under which BI officers may conduct secondary inspection of departing Filipinos, particularly those traveling to high-risk destinations known for labor trafficking — Saudi Arabia, Qatar, UAE, Kuwait, Jordan, Oman, Malaysia, Myanmar, and other countries with significant trafficking reports. The BI's Airport Inter-Agency Committee Against Trafficking (AIACAT) operates at NAIA and other international airports to intercept trafficking victims before departure.

The Anti-Trafficking Declaration supplements the OEC (Overseas Employment Certificate) and PDOS (Pre-Departure Orientation Seminar) certificate required of OFWs before departure, both of which are issued by the DMW and serve as a layered documentation system confirming voluntary, legal, and informed overseas deployment under the Migrant Workers Act framework.

An Anti-Trafficking Declaration is needed whenever a Filipino worker or traveler may be asked by Bureau of Immigration officers or DMW officials at Philippine international airports to provide written confirmation of the voluntary and lawful nature of their travel.

An Anti-Trafficking Declaration is needed when an OFW is departing for a country listed as a high-risk destination for labor trafficking in the IACAT and DMW advisories — including but not limited to Saudi Arabia, Qatar, United Arab Emirates, Kuwait, Jordan, Bahrain, Oman, Malaysia, and Syria. BI secondary inspection of travelers to these destinations is routine, and a pre-prepared declaration expedites the interview process.

An Anti-Trafficking Declaration is needed when an OFW is traveling as a tourist or on a visitor visa but intends to work abroad, and BI immigration officers question the true purpose of travel. The declaration confirms the traveler is not being trafficked or deceived about the nature of their activities abroad.

An Anti-Trafficking Declaration is needed when a young female traveler (a demographic particularly at risk under BI profiling guidelines) is traveling alone to a destination with high trafficking incidence and is subjected to secondary inspection at the departure gate. The declaration, together with employment documents and contact information, assists BI in completing its review and releasing the traveler for departure.

An Anti-Trafficking Declaration is needed when an OFW has been trafficked previously and is now voluntarily re-deploying abroad — the declaration explicitly confirms that the current departure is not the result of deception or coercion, addressing BI concerns arising from the traveler's prior trafficking history on record.

An Anti-Trafficking Declaration is needed for minors traveling abroad with one parent, a guardian, or unaccompanied, where BI requires confirmation that the travel is not for purposes of exploitation, sale, or trafficking. For minors, a separate Affidavit of Consent from the non-traveling parent and a DSWD Travel Clearance are also required under BI Memorandum Circular No. AFF-2014-006.

Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code.

A complete and effective Anti-Trafficking Declaration must contain the following elements to satisfy Bureau of Immigration and DMW requirements at Philippine airports.

Declarant's Identity: Full legal name, date of birth, passport number, and Philippine home address of the OFW or traveler. These must match the passport and other travel documents presented at immigration. Any discrepancy between the declaration and the passport triggers additional scrutiny.

Voluntary Travel Statement: An explicit and unequivocal declaration that the travel is entirely voluntary — that the declarant has not been threatened, coerced, deceived, abducted, or induced by promises of payment or other inducements to travel abroad, and that the decision to travel is the declarant's free and informed choice. This directly addresses the definition of trafficking under Section 3(a) of RA 9208.

Employment Details (for OFWs): Name and address of the foreign employer, job position, country of destination, contract salary and benefits as stated in the DMW-verified employment contract, and the name of the Philippine recruitment agency or the OFW's OWWA membership number. This establishes the legitimate employment basis for the departure.

Awareness of Rights: A declaration that the OFW is aware of their rights under Philippine law — specifically the right to communicate with the Philippine Embassy or POLO, the right to refuse illegal orders, the right to seek repatriation under RA 10022, and the right to file complaints with the DMW and NLRC. This demonstrates that the OFW is informed, not exploited.

Contact Person in the Philippines: Full name, address, and contact number of the OFW's next of kin or trusted contact person in the Philippines, who can be reached by BI or the Embassy in case of emergency or to verify the traveler's personal circumstances.

Emergency Contact Abroad: Name and contact number of a contact person at the destination — ideally the Philippine Embassy or Consulate, POLO office, or the employer's verified contact — to demonstrate that the traveler has support and accountability upon arrival.

Notarization or Sworn Statement: The declaration must be executed as a sworn statement before a notary public or a BI/DMW officer authorized to administer oaths, making false declarations subject to criminal liability under the Revised Penal Code for perjury and under RA 9208 for obstruction.

Additional compliance elements for a Anti-Trafficking Declaration (Philippines) used in Philippines include: Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Forms-legal.com provides this template as a starting point for Philippines-compliant documentation.