CRIM. CASE NO. 134985
Mots-clés
Victime / Demandeurs de la première instance
Défendeurs / Répondants de la première instance
Résumé des faits
Kiray Bar and Restaurant, in Taguig City, was owned and run by two of the accused, SPS. Primo C. Ybanez and Nila S. Ybanez, husband and wife. Their co-accused, Mariz Reyos and Michelle Huat were floor managers at the bar. On February 15, 2007, National Bureau of Investigation Anti-Organised Crime Division (NBL-AOCD) operatives, together with staff of the International Justice Mission (IJM) and social workers from the Department of Social Welfare and Development National Capital Region (DSWD-NCR) conducted a raid and rescue operation in Kiray. The operation was undertaken on the basis of a confirmed report from the IJM that sex trade/prostitution was taking place in Kiray.
AOCD Operatives and a representative of the IJM (the person responsible for first conducting surveillance in Kiray) went to the bar on the night of February 15, 2007. They launched an entrapment operation, pretending to be customers and were met by the floor managers, Mariz and Michelle who guided them to a table. They then asked the poseur customers what they would like to order and if they would like girls to join their table. The responded in the affirmative and four GROs, dressed provocatively, joined the operatives at their table. Later, Michelle and Mariz asked the group if they wished to bring the GROs to the VIP and Super VIP room, provided that the girls would agree to the price and with additional payment. The operatives agreed after they had been informed of the prices. The operatives and GROs were then brought to the private rooms. There, one operative handed Mariz and Michelle the marked money. Once the money was taken by the floor managers, the operatives declared a raid. The four accused were arrested and charged with conspiring, by means of deceit and taking advantage of vulnerable victims, and for the purpose of exploitation and prostitution.
A.B. testified that she had worked at Kiray since May 13, 2006. Her mother brought her to Kiray and arranged for her employment there through Michelle, one of the accused. Her mother did not inform her of the nature of the work she would undertake at Kiray but she agreed to work there anyway. Michelle informed her that she would receive PHP50 for every ladies drink that was bought for her and she would receive PHP300 of the PHP1,000 paid for visits to the VIP and Super VIP rooms. Michelle informed her that she would be working as a GRO. She thought she would only have to speak to customers. She testified that she had sex on her first day of employment at the bar when she was brought to the Super VIP room by a customer. Throughout her employment at Kiray, from May 13 – June 3, 2006 she was brought to the Super VIP room many times and had sexual intercourse with different customers.
V.C.A. testified that she was a runaway and heard about Kiray from A.L. who was working as a GRO there at the time. She was seventeen when she began to work there on June 18, 2006. She was asked to wear a mini-skirt and informed of her duties regarding customers and having ladies drinks bought for her. On her third day she was brought to the Super VIP room by her customer where they drank some beer and had sex. She was paid PHP1,000 on that night and had sexual intercourse with many customers afterwards.
K.M.T. was contacted by a female friend who was working in a nearby bar and asked to work there. After working at this neighbouring bar for one week she transferred to Kiray. The floor manager and owner of Kiray called her and asked her to work at Kiray instead. She agreed and was told that her job was to entertain customers. She testified that she earned PHP300 commission when brought to Super VIP; PHP 120 in VIP and PHP50 in the first floor. She stated that she had been brought into the Super VIP room and some customers forced her to have sex with them, their employer would also force them to have sex even if they did not like the customer. The Court held that although K.M.T. was no longer of minor age, the psychologist’s diagnosis of her being a person with a mind within the range of mental retardation, justified her condition as one which falls within the definition of a “child”.
Frais/Réclamations/Décisions
Section 6(a) and (c) in relation to Sections 4(a), 3 and 10(a)(c) of Republic Act 9208 and Section 5(a) of Republic Act 8369
Section 6 of R.A. 9208 provides:
Qualified trafficking in Persons – the following are considered as qualified trafficking:
(a) When the trafficked person is a child
(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 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 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) A child, as used and defined in the law, refers to a person below eighteen (18) years but who is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition.
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) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer the penalty of imprisonment of twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00)
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
Primo claimed that he only maintained the physical set up of the bar and drove for his wife, Nila. However, the Court held that the testimonies of three of the victims, A.B., K.M.T., and V.C.A. were credible. As such, the Court found that the three girls were indeed hired by the spouses as Guest Relations Officers (GROs) and their duties involved entertaining male customers, including having sexual intercourse with them. The Court therefore held that Primo and Nila Ybanez were responsible for the recruitment, receiving, employment and harboring of A.B., K.M.T. and V.C.A. for the purpose of prostitution and sexual exploitation for a price. Primo claimed that the employment of some minors in the establishment was with the consent and approval of their parents. The Court affirmed the well-settled fact that the consent or knowledge of a trafficked person to the intended exploitation is irrelevant to the acts of trafficking (Section 3(a) of R.A. 9208).
Section 6(a) and (c) in relation to Sections 4(a), 3 and 10(a)(c) of Republic Act 9208 and Section 5(a) of Republic Act 8369
Section 6 of R.A. 9208 provides:
Qualified trafficking in Persons – the following are considered as qualified trafficking:
(a) When the trafficked person is a child
(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 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 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) A child, as used and defined in the law, refers to a person below eighteen (18) years but who is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition.
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) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer the penalty of imprisonment of twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00)
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 6(a) and (c) in relation to Sections 4(a), 3 and 10(a)(c) of Republic Act 9208 and Section 5(a) of Republic Act 8369
Section 6 of R.A. 9208 provides:
Qualified trafficking in Persons – the following are considered as qualified trafficking:
(a) When the trafficked person is a child
(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 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 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) A child, as used and defined in the law, refers to a person below eighteen (18) years but who is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition.
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) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer the penalty of imprisonment of twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00)
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 was convinced that Mariz, as a floor manager, provided the poseur customers with GROs and led them to the second floor of the bar so that they could have sex and enjoy other sexual services with the GROs at either the VIP or the super VIP rooms. The prosecution proved that the poseur customers handed Mariz the marked money supposedly as payment for the sexual services to be rendered by the GROs and she actually received them. The Court therefore found that the prosecution had proven beyond reasonable doubt that a conspiracy existed between Primo, Nila, Michelle and Mariz in the commission of the offences charged.
Section 6(a) and (c) in relation to Sections 4(a), 3 and 10(a)(c) of Republic Act 9208 and Section 5(a) of Republic Act 8369
Section 6 of R.A. 9208 provides:
Qualified trafficking in Persons – the following are considered as qualified trafficking:
(a) When the trafficked person is a child
(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 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 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) A child, as used and defined in the law, refers to a person below eighteen (18) years but who is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition.
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) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer the penalty of imprisonment of twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00)
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 was convinced that Michelle, as a floor manager, provided the poseur customers with GROs and led them to the second floor of the bar so that they could have sex and enjoy other sexual services with the GROs at either the VIP or the super VIP rooms. The prosecution proved that the poseur customers handed Michelle the marked money supposedly as payment for the sexual services to be rendered by the GROs and she actually received them. The Court therefore found that the prosecution had proven beyond reasonable doubt that a conspiracy existed between Primo, Nila, Michelle and Mariz in the commission of the offences charged. It also held that Michelle was guilty of recruiting A.B. and K.M.T. to work as GROs at Kiray and without whose indispensable cooperation, such prostitution and sexual exploitation for a price could not have taken place.
Source/Citation
CRIM. CASE NO. 134985