CRIM. CASE NO. IR-7073
Mots-clés
Parcours procédural du dossier
Victime / Demandeurs de la première instance
Défendeurs / Répondants de la première instance
Résumé des faits
In 2005, the accused offered M.L., a mother of G.L.Y.C., to provide her daughter with a training in Manila and eventually a work in Japan. M.L. refused due to the young age of her daughter. When G.L.Y.C. had not come home for three days, her mother learned from G.L.Y.C’s friend that she had left with the accused to Manila. M.L. immediately went to seek assistance of ABS-CBN who apprehended the accused and the victims in the bus heading to Manila.
Another victim, K.M.N., was Teresita Nakilan’s niece. She testified that Teresita had offered her to go with her to Manila for her to train there for a possible work in Japan. The accused promised her that she would be given allowances, cell phone and jewelleries. By these promises, K.M.N. was encouraged and went with the accused until they were apprehended.
Two other victims only supported the testimonies of K.M.N. and G.L.Y.C., stating that the accused invited them to go with her to Manila to train for a possible work in Japan as entertainers.
The accused alleged that she did not know that the complainants were minors. She further claimed that all of the girls had given her their consent and she had not forced them to go with her to Manila.
Frais/Réclamations/Décisions
Section 6 of Republic Act No. 9208, in relation to Section 4 (a)
Section 6. Qualified Trafficking in Persons. – The following are considered as qualified trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the “Inter-Country Adoption Act of 1995” and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labour, slavery, involuntary servitude or debt bondage;
(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 or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three or more persons, individually or as a group;
(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee;’
(e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies;
(f) When the offender is a member of the military or law enforcement agencies; and
(g) When the reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).
The only defense of the accused was that she had recruited and transported the minors because the minor complainants and their parents had given their consent. Teresita further claimed that she did not have knowledge that the girls were minors.
The Court stated that the mere fact of inviting the girls to work as entertainers in Japan and promising them high salary and jewelleries, was enough to constitute violation of the Anti-Trafficking in Persons Act. The law does not require consent of those recruited and transported, more so because the victims in this case were all minors.
The Court did not find credible the alibi of the accused over the candid, positive and convincing testimony of the girls.
Source/Citation
CRIM. CASE NO. IR-7073