CRIM. CASE NO. Q-06-14402
Palabras clave
Informacíon procesal
Víctima / Demandantes de primera instancia
Acusado / Demandado de primera instancia
resumen de los hechos
L.M.F. was advised by her roommate in a boarding house in Pasay City to contact Viol Orosio who recruited people in going to Japan. L.M.F., desperate for money, met with Viol, and her husband, son and sister. Jonjon (Viol’s son) introduced L.M.F. to Al Park who would accompany her to the audition for the job. Instead, Al Park drove L.M.F. to the hotel and raped her. She later met again with Viol and her family who paid her a little amount for sex with Al Park. L.M.S. reported the matter to the National Bureau of Investigation. A medical report proved that L.M.S. had been raped.
Vanessa Orocio, a daughter of Viol Orosio, claimed in her testimony that she was a partner of a certain Jonathan Tiongco. She intimated that the instant criminal case was a retaliation from Jonathan when she broke up with him. Vanessa insisted that she and all the accused do not know L.M.F. She alleged that L.M.F.’s mother was in a relationship with Jonathan.
Cargos/Reclamación/Decisión
Section 4 in relation to Section 6 of the Republic Act 9208
The Court inclined to give great weight to the version of the prosecution. The straight forward narration of L.M.F. deserves more evidentiary weight than the denial of the accused. Denial, if unsubstantiated by clear and convincing evidence, is a negative and self-serving evidence which deserves no weight in law and cannot be given greater evidentiary value over the testimony of credible witnesses who testify on affirmative matters.
L.M.F. was subjected into sexual intercourse by her companion through the scheme used by the accused. Prostitution can be defined as any act, transaction, scheme or design involving the use of a person by another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration (Section 3, Republic Act 9208).
Republic Act 9208, otherwise known as the “Anti-Trafficking in Persons Act of 2003”, particularly Section 6 qualifies trafficking in persons when the trafficked person is a child and the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if carried out by a group of three or more persons conspiring or confederating with one another. The Court decided that there had been conspiracy as there was agreement between the accused concerning the commission of a felony.
Section 4 in relation to Section 6 of the Republic Act 9208
Ibidem Defendant 1
Section 4 in relation to Section 6 of the Republic Act 9208
Ibidem Defendant 1
Section 4 in relation to Section 6 of the Republic Act 9208
Section 4 in relation to Section 6 of the Republic Act 9208
Fuentes/Citas
CRIM. CASE NO. Q-06-14402