Required evidence in criminal law cases.

evidence

1. EVIDENCE Criminal liability is obtained through the quality of evidence presented and admitted in court to prove the elements of the crime or offense. The task of the law enforcer, as part of his/her function of investigating crimes, is to gather the evidence and file the case before the prosecutor’s office, after determining sufficiency of evidence. The task of the prosecutor is to determine probable cause, based on the evidence gathered and presented by the law enforcer, and when the evidence warrants, file the corresponding information in court. Thus, it is important that the law enforcers or investigators and prosecutors are familiar with the elements of the crime or offense and the evidence necessary to prove the elements constituting the crime or offense.

2. THE ACT EVIDENCE 1. Recruiting , obtaining, hiring, providing, offering, transporting, transferring, harbouring or receiving of a person (Section 4j) Passport , ticket, itinerary and other supporting evidence for travel, exit permit or Overseas Employment Certificate (OEC) POEA Labor Assistance Counter (LAC) interview sheet (for offloaded passengers) Certification from DOLE or POEA as to the lack of authority to recruit and/or non-registration of the offender to undertake recruitment activities (refers to the person/agent) Labor inspection report from DOLE Regional Offices (for local employment) Salvo or spot and other inspection reports from POEA-Licensing and Regulations Office (for overseas employment) to establish non-compliance with recruitment rules and regulations and/or existence of illegal recruitment activities Evidence to prove the Element No. 1 – The ACT

3. Surveillance reports and/or affidavits of DOLE or POEA personnel /operatives showing violations of recruitment rules and regulations and/or existence of illegal recruitment activities Certification as to the recruitment agency’s track record issued by the POEA Adjudication Office Closure orders from POEA or DOLE and other concerned agencies for violation of recruitment regulations Decision/s or administrative cases rendered by concerned agencies against the recruitment agency Advertisements, flyers, brochures and websites regarding employment opportunities to establish fraudulent recruitment or misrepresentation Visa, employment permit, employment contract, job offer sheet, pay slips, time cards, and other documents to prove employment

4. Loan agreement, promissory note, acknowledgement receipt, check and other documents to prove existence of debt/loans including referral letter or similar document issued by a recruitment agency to a particular financial agency or lending institution Training or apprenticeship agreement Computer, computer accessories, disks and files containing recruitment documentation Computer forensic examination report and expert testimony of examiner Statement and testimony in court from victims and other witnesses recounting the act of recruitment, transportation, transfer, etc.

5. 2. Introducing or matching for money, profit, or material, economic or other consideration, any person, or any woman under the mail-order bride scheme, for marriage (Sec. 4b) Advertisements, flyers, brochures, websites regarding the match- making service or business Letters, emails, and other forms of correspondence, including pictures containing exchanges about the introduction or matching Application for marriage license from the Office of the Civil Registrar (OCR), marriage contract from NSO; authority to marry from the embassy or consulate of the foreign national Statement and testimony in court of the victim/s and/or other witnesses on matters surrounding the introduction or matching for marriage by a person, including receipt of money, gain or any other consideration for facilitating the introduction or matching Documentary or testimonial evidence to show that the real intention of introduction or matching is to acquire, buy, sell, or trade the woman for exploitation such as forced labor and slavery, involuntary servitude and debt bondage

6. 3. Offering or contracting marriage, real or simulated (Sec. 4c) Letters, emails, and other forms of correspondence, including pictures containing exchanges about the offer of marriage Application for marriage license from the Office of the Civil Registrar (OCR); marriage contract from NSO; authority to marry from the embassy or consulate of the foreign national Document to show that the solemnizing officer of the marriage has the authority or has no authority to officiate marriages. Statement and testimony in court of victim/s and/or other witnesses on matters surrounding the offer of marriage and the celebration of marriage Documentary or testimonial evidence to show that the real intention of offering or contracting marriage is to acquire, buy, sell, or trade the woman for exploitation such as forced labor and slavery, involuntary servitude and debt bondage

7. 4. Adopting persons by any form of consideration (Sec. 4f); and Adopting or facilitating adoption of persons (Sec. 4g) DSWD Certificate of Accreditation of the child-caring agency Court records regarding the adoption proceedings including the petition for adoption up to the final decree of adoption records from the Inter-Country Adoption Board in case of inter-country adoption Documentary or testimonial evidence to show that the real intention of adopting or facilitating adoption is to exploit the adopted

8. THE MEANS EVIDENCE 1. 1. Threat or use of force, or other forms of coercion, abduction ( Coercive means ) Medical certificate from a public medical institution certifying existence of injuries as a result of infliction of force or violence or coercion Statement and testimony of the victims and/or witnesses on the existence of injuries as a result of infliction of force or violence or coercion; or the use of threat; or abduction Picture of the victim immediately upon rescue to show injury and use of force Pictures of immediate surroundings during raids and rescue (to show if place is inaccessible, if there are fences with barbed wires, etc.) Evidence to prove the Element No. 2 – The MEANS

9. 2. Deception or fraud ( Deceptive means ) Documents such as contract, undertaking or any similar writings to prove misrepresentation regarding the job and work conditions; or discrepancy between what is promised or offered and what is actually received Fake travel documents Statement and testimony of victims and witnesses on the existence of deception and fraud during recruitment vis-à-vis conditions prior to departure and at the workplace

10. 3. Abuse of power or of position Document to show the position of a person who abused his/her position of authority to create undue influence on the recruitment of a person Statement and testimony of victims and witnesses on the abuse of power or position to create undue influence on the recruitment of a person Testimonial evidence to show moral ascendancy

11. 4. Giving or receiving of payment to achieve the consent of the person having control over another Receipt or other similar document acknowledging the giving or receiving of payment to achieve the consent of the person having control over another Statement and testimony of victims and witnesses on the giving or receiving of payment to achieve the consent of the person having control over another

12. 5. Taking advantage of the vulnerability of a person Statement and testimony of an expert or a social worker who has conducted a vulnerability assessment on the victim, concluding the vulnerability of a person to trafficking due to issues such as poverty, disempowerment, social exclusion, psycho-social condition, conflict or natural disaster in origin communities, and other conditions making the victim vulnerable. Document to showing the results of the vulnerability assessment made on the victim Document or testimony to show circumstances of victim (education, income of family, etc.)

13. THE FORCED LABOR AND SLAVERY EVIDENCE 1. There is work or service Employment contract or other similar document, if any, stipulating scope of work, pay, benefits and other labour standard provisions Pay slips and payment documents Statement of victims and/or witnesses as to the existence of the work or service Evidence to prove the Element No. 3 – The Exploitative Purpose of Forced Labor

14. 2. The work or service is extracted by means of: Violence, intimidation or threat, use of force or coercion ( Coercive means ) Medical certificate from a public medical institution certifying existence of injuries as a result of infliction of force or violence or coercion Labor inspection report to establish compulsion to work in adverse conditions (i.e., work even when the worker does not feel well; or repeated interruption of rest or sleep; or compelled hazardous work without safety gears or safety devices) Pictures of victim (to show injuries sustained)

15. Statement and testimony of victims and witnesses on the existence of : a) Unreasonable and excessive control measures or discipline through punishment (i.e., beatings, handcuffing, deprivation of food, prolonged period of assignment in nightshift, unreasonable quota increase, etc.); b) Compulsion to work in adverse conditions (i.e., work even when the worker does not feel well; or repeated interruption of rest or sleep; or compelled hazardous work without safety gears or safety devices) c) Injuries or illnesses as a result of application of control measures and compulsion to work as mentioned in a) and b) above.

16. Enticement, debt bondage or deception ( Deceptive means ) Document showing allowable/unreasonable deductions Document to show the existence of a loan to be used for overseas work application, with high interest rates (i.e., beyond statutory limit of 8% per R.A. 10022) Documents showing two contracts (original signed before departure and new contract signed at the workplace) with different stipulations as to nature and scope of work, pay and work conditions, e.g. payroll, pay slips

17. Statement and testimony of victims and witnesses on discrepancies between contractual stipulations and actual stipulations as regards pay and work conditions Statement and testimony of victims and witnesses on withholding of wages or decrease in agreed salary or withdrawal of benefits and other allowances including offsetting of benefits

18. Deprivation of freedom, abuse of authority or moral ascendancy Statement and testimony of victims and witnesses on restriction of movement such as confinement in the workplace or in a limited area; locking-up; restriction to leave workplace; and other analogous circumstances. Statement and testimony of victims and witnesses on restrictions to communicate with family and friends or the authorities, including orders on non-disclosure of workplace. Statement and testimony of victims and witnesses as to the presence of threats to denounce the worker to the authorities (i.e., immigration and police); or threats or threatened use of the legal process. Pictures of surroundings/place of confinement