Re: Request of Regional Trial Court Judges for Clarification on the Jurisdiction Over the Crime of Trafficking in Persons
On November 29, 2022, the Philippine Supreme Court issued a resolution clarifying the jurisdiction over trafficking in persons cases under Republic Act No. 11862, the Expanded Anti-Trafficking in Persons Act of 2022. The Court noted requests from Regional Trial Court Judges for clarification and established that cases involving accused individuals who are minors (between 9 and 17 years old) or where victims are minors must be heard in Family Courts, as per the Family Courts Act of 1997. Conversely, cases involving adults (both accused and victims) are to be heard in regular Regional Trial Courts. This delineation aims to ensure appropriate jurisdictional handling of trafficking cases based on the age of the parties involved.
Law Information
- Reference Number
- <--!11292022-->A.M. No. 22-10-133-RTC
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Notices
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
November 29, 2022
EN BANC
A.M. No. 22-10-133-RTC
RE: REQUEST OF REGIONAL TRIAL COURT JUDGES FOR CLARIFICATION ON THE JURISDICTION OVER THE CRIME OF TRAFFICKING IN PERSONS
NOTICE
Sirs/Mesdames :
Please take notice that the Court en banc issued a Resolution dated NOVEMBER 29, 2022, which reads as follows:
"A.M. No. 22-10-133-RTC (Re: Request of Regional Trial Court Judges for Clarification on the Jurisdiction over the Crime of Trafficking in Persons). — The Court Resolved, upon the recommendation of the Office of the Court Administrator, to:
(a) NOTE the request of Regional Trial Court Judges for clarification regarding the jurisdiction over the crime of trafficking in persons; and
(b) DELINEATE the jurisdiction over the crime of trafficking in persons under Republic Act No. 11862, otherwise known as the Expanded Anti-Trafficking in Persons Act of 2022, as follows:
(i) If one or more of the accused is below eighteen (18) years of age but not less than nine (9) years of age, or where one or more of the victims is a minor at the time of the commission of the offense, the case shall be heard before a Family Court pursuant to Section 5(a) of Republic Act No. 8369, otherwise known as the Family Courts Act of 1997; and
(ii) If the accused or victim is any person other than those mentioned in the preceding paragraph, the case shall be heard before a regular Regional Trial Court." Dimaampao, J., on official leave. Marquez, J., on official business. (adv69)
By authority of the Court:
(SGD.) MARIFE M. LOMIBAO-CUEVASClerk of Court
Cite This Law
Re: Request of Regional Trial Court Judges for Clarification on the Jurisdiction Over the Crime of Trafficking in Persons, <--!11292022-->A.M. No. 22-10-133-RTC, Nov 29, 2022 (Philippines)
Re: Request of Regional Trial Court Judges for Clarification on the Jurisdiction Over the Crime of Trafficking in Persons, <--!11292022-->A.M. No. 22-10-133-RTC (Phil. 2022)
Related Laws
- En Banc Resolution Dated 29 November 2022 in A.M. No. 22-10-133-RTC (Re: Request of Regional Trial Court Judges for Clarification on the Jurisdiction Over the Crime of Trafficking in Persons)OCA Circular No. 05-2023 • Jan 6, 2023 • Supreme Court Issuances
- Request for Clarification on Whether Drug Courts Should be Included in the Regular Raffle<--!10112005-->A.M. No. 05-9-03-SC • Oct 11, 2005 • Supreme Court Issuances
- Jurisdiction Over Drugs Cases Involving MinorsSupreme Court Administrative Circular No. 20-03 • Mar 19, 2003 • Supreme Court Issuances
- Direct Access of the Inter-Agency Council against Trafficking (IACAT) Administrative Staff to Court Records Pertaining to Trafficking in Persons CasesOCA Circular No. 208-2018 • Sep 25, 2018 • Supreme Court Issuances
- Transfer to the Regional Trial Courts of Cases Falling within the Jurisdiction of the Family Courts from the Metropolitan Trial Courts, Municipal Trial Court in Cities, Municipal Trial Courts and Municipal Circuit Trial CourtsOCA Circular No. 11-99 • Feb 23, 1999 • Supreme Court Issuances
- Furnishing the Inter-Agency Council against Trafficking with Copy of Decisions in Trafficking in Persons CasesOCA Circular No. 20-2018 • Jan 31, 2018 • Supreme Court Issuances
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