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CRIM. CASES NOS. II-12478, II-12481, and II 12498

Philippines
UNODC No.:
PHL017
Decision/Verdict Date:
2008-08-07
Sentence Date:
2008-08-07
Author:
UNODC
Court:
Regional Trial Court of Lanao Del Norte, Iligan City

Keywords

Sector in which exploitation takes place:
Begging
Commercial sexual exploitation
Means:
Deception
Abuse of power or a position of vulnerability
Acts:
Recruitment
Transportation
Transfer
Harbouring
Purpose of Exploitation:
Exploitation of the prostitution of others or other forms of sexual exploitation
Forced labour or services

Procedural Information

Legal System:
Mixed System
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal

Victims / Plaintiffs in the first instance

Victim:
J.R.
Gender:
Child
Age:
14
Victim:
R.R.
Gender:
Child
Age:
9
Victim:
A.L.
Gender:
Child
Age:
13
Victim:
J.Ri.
Gender:
Child
Age:
12
Victim:
M.C.
Gender:
Child
Age:
16

Defendants / Respondents in the first instance

Defendant:
Jovencio Macalisang y Evangelista
Gender:
Male
Defendant:
L. M. y A.
Gender:
Female

Fact Summary

Crim. Case No. II-12478 - Jovencio promised three minor boys to adopt them and take care of them as of his own children. He then transported them to Iligan City and forced them to beg and steal on the streets.

Crim. Case No. II-12481- Jovencio under false promises of adopting J.Ri., 12 years old girl, transported her to Iligan City for the purpose of sexual exploitation.

Crim. Case No. II-12478 – Jovencio under false promises of adopting M.C., 16 years old girl, harboured and took her to Iligan City for the purpose of sexual exploitation.

Charges / Claims / Decisions

Defendant:
Jovencio Macalisang y Evangelista
Verdict:
Guilty
Charge / Claim:
Qualified Trafficking in Persons
Legislation / Statute / Code:

Section 6 in relation to Section 3 and 4 of the Republic Act No. 9802 “Anti-Trafficking in Persons Act”

 
Three live imprisonments in each of the three cases
Compensation / Payment to Victim:
No     
Fine / Payment to State:
Yes  6000000  PHP  (50,000-100,000 USD) Fine of PHP 2000000 in each of the three cases 
Legal Reasoning:

During the trial Jovencio changed his plea of not guilty to a plea of guilty.

Defendant:
L. M. y A.
Charge / Claim:
Qualified Trafficking in Persons
Legislation / Statute / Code:

Section 6 in relation to Section 3 and 4 of the Republic Act No. 9802 “Anti-Trafficking in Persons Act”

Legal Reasoning:

The cases of L.M. y A. were dismissed as she was suffering from a physical illness and there was no evidence to prove her guild beyond reasonable doubt.

Sources / Citations

CRIM. CASES NOS. II-12478, II-12481, and II-12498

Attachments