CRIM. CASE NO. 22878
Palabras clave
Víctima / Demandantes de primera instancia
Acusado / Demandado de primera instancia
resumen de los hechos
The victim in this case, E.B.S., a college graduate, returned to the Philippines in June 2006 to seek employment and help her sick mother. During the first week of August, 2006, her brother’s partner, J.G.M., informed her of a highly paid job in Malaysia which her aunt Flora Aldenese could arrange for them. E.B.S. and J.G.M. visited Flora Aldenese, the accused, at her home in Camino Nuevo where she assured both women that they would work as entertainers in a pub with a salary of approximately PHP 22,000/month. E.B.S. willingly agreed to the terms laid out on the understanding that there would be no sexual favors or intercourse involved with the job.
Aldenese told E.B.S. and J.G.M. to inform the Malaysian authorities that they would be visiting relatives. E.B.S. and J.G.M. received money to process their passports; money which they believed had come from the accused, Flora Aldenese. On August 23, 2006, before they left for Malaysia E.B.S., J.G.M. and two other women met with the accused who told them she would pay for all expenses associated with going to Malaysia and the women would re-pay her when they received their salary. Each of the four women surrendered their passports on this day.
On August 24, 2006 the four recruits and the accused, Flora Aldenese, left Zamboanga City on board M/V Danica Joy II, bound for Malaysia. Flora Aldenese instructed the recruits to pretend not to know each other and she gave them fake addresses in the event of any questioning by the Malaysian authorities. They arrived at Sandakan, Malaysia on August 25, 2006. Here they met the fourth named accused, a certain Francis, who brought them to his house by van. They left Francis’ house that evening and proceeded to Kota Kinabalu, Malaysia, arriving at their destination at approximately 6am on the morning of August 26, 2006. They took a small boat to Labuan, Malaysia arriving there on the same morning at approximately 7.40am.
Flora Aldenese brought them to Café Imperial in Labuan, which was owned by the second name accused, Christopher Yu, a Chinese national. They were then introduced to Analyn Yu, the third named accused, and shown to their rooms. Later that day the four recruited victims attended a meeting where they were informed of the nature of their jobs, their salaries and the money they owed. It was at this point in time that E.B.S. realized they were expected to work as prostitutes. They were told by the owner, Christopher Yu, that if they refused to go out with the customer they would have their passports forcibly removed. They returned to their rooms and later that evening Analyn provided them with sexy clothes and sandals to wear. She informed E.B.S. that she was booked to a customer that night and gave her condoms and pills. E.B.S. immediately informed Analyn that she would not go with the customer as she did not expect to be working as a prostitute. Analyn called Flora Aldenese who then spoke to E.B.S. and persuaded her to go with the customer.
E.B.S. and J.G.M. worked at the pub for two days and on the third day refused to work. The owner then seized their passports. E.B.S. was told that she would only receive her passport again if she paid 1,800 Ringgit.
E.B.S. contacted her family in the Philippines and told her father that she needed PHP 30,000 to be released from the pub where she was employed. W.F., the victim’s father, reported the situation to the police and filed a formal complaint on August 28, 2006. He then sold his motorbike and sent PHP 20,000 to a receiver through Western Union money transfer on August 31, 2006. E.B.S. and J.G.M. returned to the Philippines following the money transfer.
Police officers at the Women and Children’s Desk of the Zamboanga City Police Office launched an investigation based on the report provided by the victim’s father.
On December 4, 2006 the Court issued a warrant of arrest for all of the accused named herein. Flora Aldenese was arrested on December 8, 2006 and was held at Zamboanga City Female Dormitory of the Zamboanga City Jail. Her co-accused remained at large at the time of trial.
Cargos/Reclamación/Decisión
Section 4(a) in relation to Section 6(c) and Section 10(c) of Republic Act 9208
Section 4(a) of R.A. 9208 provides:
It shall be unlawful for any person, natural or juridical, to commit any of the following acts:
(a) To recruit, transport, transfer, harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage.
(b) xxx
Section 6 of R.A. 9208 provides:
Qualified trafficking in Persons – the following are considered as qualified trafficking:
(a) xxx
(b) xxx
(c) When 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 (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as group.
(d) xxx
Section 3 of R.A. 9208 defines trafficking in persons as:
(a) The recruitment, transportation, transfer or harboring, or receipt of persons with or without the victim's consent or knowledge, within or across national borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.
The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall also be considered as "trafficking in persons" even if it does not involve any of the means set forth in the preceding paragraph.
(b) xxx
Section 3(c) of R.A. 9208 defines prostitution as:
(c) 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 10 of R.A. 9208 provides the following penalties and sanctions for the offenses enumerated in this Act:
a) xxx
b) xxx
c) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five million pesos (P5,000,000.00)
d) xxx
e) xxx
f) xxx
g) xxx
h) xxx
i) xxx
The Court held that the uncorroborated protestations of the accused, that she did not recruit the private complainant-victim, E.B.S., nor did she promise her any kind of job in Malaysia, deserved only scant consideration. It held that the evidence proved the recruitment of E.B.S. by Flora Aldenese and the subsequent transfer of E.B.S. to Malaysia. The fact that E.B.S. may have voluntarily agreed to go to Malaysia was immaterial to the crime. The Court therefore found that the evidence presented fit the definition of trafficking in persons as defined by Section 3(a) of R.A. 9208. It held that the prosecution proved beyond reasonable doubt that E.B.S. was recruited (regardless of whether or not the recruitment was voluntary); transported and transferred from one country to another; delivered and received; and deceived and exploited as a vulnerable person with the end purpose of exposing her to prostitution or other forms of exploitation and even forced labor and servitude which was actively and indispensably participated in by the Flora Aldenese.
Section 4(a) in relation to Section 6(c) and Section 10(c) of Republic Act 9208
Section 4(a) of R.A. 9208 provides:
It shall be unlawful for any person, natural or juridical, to commit any of the following acts:
(a) To recruit, transport, transfer, harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage.
(b) xxx
Section 6 of R.A. 9208 provides:
Qualified trafficking in Persons – the following are considered as qualified trafficking:
(a) xxx
(b) xxx
(c) When 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 (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as group.
(d) xxx
Section 3 of R.A. 9208 defines trafficking in persons as:
(a) The recruitment, transportation, transfer or harboring, or receipt of persons with or without the victim's consent or knowledge, within or across national borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.
The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall also be considered as "trafficking in persons" even if it does not involve any of the means set forth in the preceding paragraph.
(b) xxx
Section 3(c) of R.A. 9208 defines prostitution as:
(c) 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 10 of R.A. 9208 provides the following penalties and sanctions for the offenses enumerated in this Act:
a) xxx
b) xxx
c) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five million pesos (P5,000,000.00)
d) xxx
e) xxx
f) xxx
g) xxx
h) xxx
i) xxx
Section 4(a) in relation to Section 6(c) and Section 10(c) of Republic Act 9208
Section 4(a) of R.A. 9208 provides:
It shall be unlawful for any person, natural or juridical, to commit any of the following acts:
(a) To recruit, transport, transfer, harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage.
(b) xxx
Section 6 of R.A. 9208 provides:
Qualified trafficking in Persons – the following are considered as qualified trafficking:
(a) xxx
(b) xxx
(c) When 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 (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as group.
(d) xxx
Section 3 of R.A. 9208 defines trafficking in persons as:
(a) The recruitment, transportation, transfer or harboring, or receipt of persons with or without the victim's consent or knowledge, within or across national borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.
The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall also be considered as "trafficking in persons" even if it does not involve any of the means set forth in the preceding paragraph.
(b) xxx
Section 3(c) of R.A. 9208 defines prostitution as:
(c) 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 10 of R.A. 9208 provides the following penalties and sanctions for the offenses enumerated in this Act:
a) xxx
b) xxx
c) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five million pesos (P5,000,000.00)
d) xxx
e) xxx
f) xxx
g) xxx
h) xxx
i) xxx
Section 4(a) in relation to Section 6(c) and Section 10(c) of Republic Act 9208
Section 4(a) of R.A. 9208 provides:
It shall be unlawful for any person, natural or juridical, to commit any of the following acts:
(a) To recruit, transport, transfer, harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage.
(b) xxx
Section 6 of R.A. 9208 provides:
Qualified trafficking in Persons – the following are considered as qualified trafficking:
(a) xxx
(b) xxx
(c) When 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 (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as group.
(d) xxx
Section 3 of R.A. 9208 defines trafficking in persons as:
(a) The recruitment, transportation, transfer or harboring, or receipt of persons with or without the victim's consent or knowledge, within or across national borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.
The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall also be considered as "trafficking in persons" even if it does not involve any of the means set forth in the preceding paragraph.
(b) xxx
Section 3(c) of R.A. 9208 defines prostitution as:
(c) 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 10 of R.A. 9208 provides the following penalties and sanctions for the offenses enumerated in this Act:
a) xxx
b) xxx
c) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five million pesos (P5,000,000.00)
d) xxx
e) xxx
f) xxx
g) xxx
h) xxx
i) xxx
Fuentes/Citas
CRIM. CASE NO. 22878