REVISED RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 9208, OTHERWISE KNOWN AS THE “ANTI-TRAFFICKING IN PERSONS ACT OF 2003”, AS AMENDED BY REPUBLIC ACT NO. 10364, OTHERWISE KNOWN AS “THE EXPANDED ANTI-TRAFFICKING IN PERSONS ACT OF 2012”
Sec. 30. Creation of a blacklist. The POEA shall create a blacklist of recruitment agencies, illegal recruiters and persons who are involved in trafficking in persons.
Sec. 31. Who may be included in the blacklist. The following shall be included in the blacklist:
a) Any person or entity facing administrative, civil and/or criminal charges in the receiving country or in the Philippines in connection with alleged involvement in trafficking in persons such as:
i) Individual persons and entities;
ii) Philippine recruitment/manning agencies with the names of its corporate officers, executive officers, and employees, if known;
iii) Foreign placement agencies with the names of its corporate officers, executive officers and employees, if known; and
iv) Direct employers.
In case the direct employer is a juridical person, the names of its corporate officers, executive officers, and employees, if known.
b) Any person or entity involved in the trafficking of persons who have been rescued by DFA or DOLE, in the receiving country or in the Philippines, where the trafficked persons have named or accused said person or entity in a verified affidavit.
Sec. 32. Who may request for blacklisting. The following may request for blacklisting:
a) Any member of the Council, in cases involving those who are facing administrative, civil and/or criminal action, by attaching in the request a copy of the complaint duly docketed by the court or body having jurisdiction over the case; and
b) The Secretary of Labor and Employment or the Secretary of Foreign Affairs or their authorized representatives, for persons or entities who are involved in the trafficking of the persons rescued by them, whether overseas or in the Philippines, accompanied by a detailed report on the rescue operations and the verified affidavit of the rescued victim/survivor attesting to the act/s of trafficking and naming and describing the involvement of such persons or entities.
Sec. 33. Posting and updating of the blacklist. The POEA shall disseminate the blacklist to Council members and other concerned government agencies, with advice to post the same in conspicuous places of their respective offices, including their regional offices and in their official websites. The blacklist shall likewise be posted by the POEA in its own website and in the shared government information system, which is mandated to be established under Republic Act No. 8042, as amended.
The POEA shall likewise update such blacklist bi-monthly. For this purpose, the members of the Council should continually inform POEA of the updates on the cases they have requested to be included in the blacklist.
Sec. 34. Suspension or cancellation of license. In accordance with its Rules, the POEA may issue an Order of Preventive Suspension or Order of Temporary Disqualification against licensed recruitment/manning agencies and/or principals/employers included in the blacklist.
When the criminal, civil and administrative case is resolved against the recruitment or manning agencies or its corporate officers, owners, president, manager, partners and/or any responsible officer, the POEA shall commence administrative proceedings and impose appropriate penalties including cancellation of the license of the recruitment or manning agency and the perpetual 12 disqualification of individuals or officers of a licensed recruitment agency as may be warranted in accordance with its rules.
Sec. 35. De-listing from the blacklist. a) Blacklisted persons/entities facing administrative, civil and/or criminal action may request for the delisting of their names in the Blacklist by submitting an order of dismissal or final order or decision exonerating them from the charges from the court or body where the case has been filed.
b) As regards those who have been recommended by the Secretary of Foreign Affairs or Secretary of Labor and Employment to be blacklisted, the persons or entities may be delisted motu proprio upon the expiration of the six (6) month period from blacklisting, unless a criminal, civil and/or criminal case has been pursued by the trafficked person. In the latter case, the delisting shall be made in accordance with paragraph (a) of this Section.