On Anti-Trafficking and Safeguarding Filipino Travelers: DOJ Memorandum Circular No. 036-2015

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

1. Passport (validity period of at least 6 months)
2. Valid visa, if applicable
3. E-travel
4. Boarding pass
5. Return or roundtrip ticket, if applicable

For First-Time and Returning Overseas Filipino Workers (OFWs)

1. Valid Overseas Employment Certificate (OEC) issued by the Department of Migrant Workers (DMW).
2. If re-hired, must have records in the BM Online System.
3. OFWs under a direct hire arrangement must show an exemption approval from DMW.

For Returning OFWs (Balik-Manggagawa)

1. Valid OEC or exemption certificate from DMW.
2. Valid employment contract certified by the Philippine Overseas Labor Office (POLO) or employer.

For Minors Traveling Abroad

1. Valid passport.
2. Travel clearance from the Department of Social Welfare and Development (DSWD) if traveling alone or without a parent/legal guardian.
3. If accompanied by one parent, a notarized parental consent from the non-traveling parent.

For Spouses or Partners of Foreign Nationals

1. If traveling for the first time to join a foreign spouse, must present a Commission on Filipinos Overseas (CFO) Guidance and Counseling Certificate.
2. If meeting a fiancé abroad for the first time, CFO clearance is required.

For Business Travelers

1. Valid passport and visa, if required.
2. Company endorsement letter stating the purpose of travel.
3. Invitation letter from a foreign company.
4. Hotel booking confirmation.

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:

1. No financial capacity to travel and is accompanied by a foreign national who is not a relative by consanguinity or affinity
2. A minor traveling alone or unaccompanied by a parent or guardian without a valid travel clearance from the DWDS
3. Spouse of a foreign national intending to depart for the first time to join the foreign spouse, or
   3.1 Partner of a foreign national intending to depart to meet and/or marry their fiance without CFO Guidance and Counseling Certificate. 
4. Travelling to countries with existing deployment bans
5. Previously stayed abroad for more than 6 months on a tourist/temporary visit visa and is departing to the same destination again

For OFWs and Returning Workers

1. If unable to provide a valid OEC or employment contract, the passenger may be denied departure and referred to DMW for verification.
2. Direct hires without DMW approval are subject to further questioning and possible offloading.

For First-Time Travelers Meeting Foreign Partners

1. If unable to present a CFO certificate, departure will be disallowed.
2. Officers may question the authenticity of the relationship to prevent trafficking or fraud.

For Tourists with Weak Travel Justification

1. If financial capacity cannot be properly established, the passenger may be asked to present additional proof or denied departure.
2. If suspected of intending to work abroad illegally, the case will be referred to IACAT.

For Minors and Vulnerable Individuals

1. If a minor lacks DSWD clearance, they will be denied departure.
2. Victims of suspected trafficking may be referred to social welfare authorities for further assistance.

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

• OFWs and Workers:
  • Referred to the DMW or POLO for validation of employment status.
• Minors or Vulnerable Individuals:
  • Turned over to the Department of Social Welfare and Development (DSWD) for assistance.
• Suspected Trafficking Victims:
  • Referred to the IACAT for legal intervention and protection.

Documentation and Record-Keeping

• The Bureau of Immigration (BI) officers must document all cases of deferred departure, noting the specific reasons for offloading.
• Passengers have the right to request documentation detailing the cause of their offloading.

Assistance and Re-evaluation

• Passengers who rectify their documentation issues may request re-evaluation by the appropriate agency.
• If wrongfully offloaded, passengers may file an appeal with BI, DMW, or IACAT.

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.

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