Asia Pacific Journal of Multidisciplinary Research, Vol. 7, No. 2, May, 2019 Part II _____________________________________________________________________________________________________________________ 88 P-ISSN 2350-7756 | E-ISSN 2350-8442 | www.apjmr.com The Dual Criminality Principle in the Association of Southeast Asian Nations-Mutual Legal Assistance Treaty in Criminal Matters (ASEAN- MLAT): Prosecuting Transnational ‘Cyber-Human Trafficking’ in the Southeast Asian Region Gemy Lito L. Festin 1 and James Gregory A. Villasis 2 1 Dean,College of Law, Polytechnic University of the Philippines, Sta. Mesa, Manila, 2 Associate Professor, College of Law, Polytechnic University of the Philippines, Sta. Mesa, Manila, Philippines 1 gfestin5@gmail.com, 2 jamesgregoryvillasis@yahoo.com Date Received: August 2, 2018; Date Revised: April 5, 2019 Asia Pacific Journal of Multidisciplinary Research Vol. 7 No.2, 88-95 May 2019 P-ISSN 2350-7756 E-ISSN 2350-8442 www.apjmr.com CHED Recognized Journal ASEAN Citation Index Abstract - This paper examines the applicability of the ‘Treaty on Mutual Legal Assistance in Criminal Matters among like-minded ASEAN member countries’ (ASEAN-MLAT) in the prosecution of human trafficking committed in the cyberspace. This multilateral treaty ensures cooperation among Southeast Asian (SEA) states in the prosecution of crimes. ASEAN-MLAT, however, adheres to the principle of dual criminality which means that a crime cannot be subject of cooperation if it is not penalized under the jurisdictions of either the Requesting or the Requested Party. Although there are no specific laws which penalize cyber-human trafficking among SEA states and there is still a need for future development of a more cyber-responsive penal legislation on human trafficking, this crime when committed in the cyberspace can still be accommodated under the national penal laws existing in the ASEAN countries. A comparative reading of all penal laws among SEA states reveals that human trafficking includes the recruitment of persons for the purpose consonant with trafficking. This means that human trafficking as a crime can be committed in the cyberspace. Hence, despite the absence of a particular penal provision on cyber-human trafficking, this crime can be a proper subject of mutual legal assistance for investigation and prosecution among and between SEA states. Keywords:cyber-human trafficking, dual criminality principle, mutual legal assistance treaty, prosecutorial framework, transnational crimes INTRODUCTION “Cassie”, not her real name, is a 12-year old girl who is a member of an indigenous community in Southern Philippines. Her family was lured by Jerrie to allow him to bring her to Manila with a promise of a good job and schooling. However, Jerrie’s promise never happened for he has subjected “Cassie” to abuses, raping her in front of a web camera in return for payment by customers watching from other countries [i]. The story of “Cassie” is not an isolated one. There are other thousands of children exposed to the same abuse all over the Philippines. In fact, this assertion was confirmed when a headline posted on March 26, 2018 by a Singapore-based The Straits Times opened: “Philippines urges tough global action on cyber sex trafficking of children”[ii]. In this article, The Straits noted that there are about 3,000 reports received by the Philippine Justice Department concerning children-victims of sexual abuses in the cyberspace. The prosecution of cyber-trafficking in person proves to be difficult. This may be attributed to the transnational character in the commission of the offense which means that there is interplay of two or more jurisdictions in the “planning, execution or impact of the crime” [iii]. This is further supported by an observation by the International Justice Mission that despite sufficient prosecution mechanisms in placed under Philippine laws, the crime of trafficking in persons (TIP) in the cyberspace remains to be significantly high [iv]. Fully aware of the difficulty in the prosecution of transnational crimes, many countries resort to the use of applicable legal devices. Most common of these is the utilization of an extradition treaty whereby state- parties agree to provide aid in cases the crime committed by a particular person involves their