- Clarification on the Plea of Guilty to a Lesser Offense under R.A. No. 9208 ("Anti-Trafficking in Persons Act of 2003")
- DOJ Department Circular No. 31-06
June 13, 2006
DOJ DEPARTMENT CIRCULAR NO. 31-06
|TO||:||All Regional State Prosecutors, Provincial and City Prosecutors and their Assistants, State Prosecutors and Prosecution Attorneys|
|SUBJECT||:||Clarification on the Plea of Guilty to a Lesser Offense under Republic Act No. 9208, otherwise known as the "Anti-Trafficking in Persons Act of 2003"|
It has come to the attention of the Department that two (2) cases filed before the court for violation of Section 4 (e) (Maintain or hire a person to engage in prostitution or pornography) of (Use of Trafficked Persons) after the accused were allowed to withdraw the earlier plea of not guilty to the original charge and enter a plea of guilty to Section 11, an offense punishable with a lower penalty.
While Section 2, Rule 116 of the cTDECH
In the interest of justice and consistent with the decision of the Supreme Court in the case of all trial prosecutors handling trafficking in persons cases are hereby directed to immediately and vehemently object to or strongly oppose a plea of guilty to a lower offense under Section 11 (Use of Trafficked Persons) when the accused was originally charged for violation of Section 4 (Acts of Trafficking in Persons), or Section 4 in relation to Section 6 (Qualified Trafficking), or Section 5 (Acts that Promote Trafficking in Persons) of
For your guidance and strict compliance.
(SGD.) RAUL M. GONZALEZ
Department of Justice