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CRIM. CASES NOS. 09-459 and 09-1968

Philippines
UNODC No.:
PHL028
Decision/Verdict Date:
2011-06-01
Sentence Date:
2011-06-01
Author:
UNODC
Court:
Regional Trial Court, Makati City

Keywords

Trafficking in Persons Protocol:
Article 9, Trafficking in Persons Protocol
Acts:
Receipt
Form of Trafficking:
Internal
Sector in which exploitation takes place:
Commercial sexual exploitation
Purpose of Exploitation:
Exploitation of the prostitution of others or other forms of sexual exploitation

Procedural Information

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

The proceedings concerned four charges, two under the Republic Act No. 9208 and two under the Republic Act No. 7610. All four charges were related to the Defendant engaging, on two separate occasions, the services of a trafficked minor.

Victims / Plaintiffs in the first instance

Victim:
D.A.M.
Gender:
Child
Age:
12

Defendants / Respondents in the first instance

Defendant:
Marcus Haldon Hodge
Gender:
Male

Fact Summary

Marcus Haldon Hodge bought and engaged the services of a trafficked person, a minor 12-year old girl, for the purpose of prostitution.

Charges / Claims / Decisions

Defendant:
Marcus Haldon Hodge
Verdict:
Guilty
Charge / Claim:
Use of Trafficked Persons (on 7 May 2009)
Legislation / Statute / Code:

Section 11 of the Republic Act No. 9208 (also known as The Anti-Trafficking in Persons Act)

Use of Trafficked Persons – Any person who buys or engages the services of trafficked persons for prostitution shall be penalized as follows:

(a)    First Offense – six months of community service as may be determined by the court and a fine of Fifty Thousand Pesos (P50,000); and

(b)   Second and subsequent offences – imprisonment of one year and a fine of One Hundred Thousand Pesos (P100,000)

Verdict:
Guilty
Charge / Claim:
Use of Trafficked Persons (on 8 May 2009)
Legislation / Statute / Code:

Section 11 of the Republic Act No. 9208 (also known as The Anti-Trafficking in Persons Act)

Use of Trafficked Persons – Any person who buys or engages the services of trafficked persons for prostitution shall be penalized as follows:

(a)    First Offense – six months of community service as may be determined by the court and a fine of Fifty Thousand Pesos (P50,000); and

(b)   Second and subsequent offences – imprisonment of one year and a fine of One Hundred Thousand Pesos (P100,000)

Verdict:
Withdrawn
Charge / Claim:
Child Trafficking (on 7 May 2009)
Legislation / Statute / Code:

Section 7, Article 4 of the Republic Act No. 7610 (also known as The Special Protection of Children Against Child Abuses, Exploitation and Discrimination Act)

Child Trafficking – Any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under 12 years of age.

Verdict:
Withdrawn
Charge / Claim:
Child Trafficking (on 8 May 2009)
Legislation / Statute / Code:

Section 7, the Article 4 of Republic Act No. 7610 (also known as The Special Protection of Children Against Child Abuses, Exploitation and Discrimination Act)

Child Trafficking – Any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under 12 years of age.

Term of Imprisonment:
1 year
 
+ six months of community service
Compensation / Payment to Victim:
Yes  150000  PHP  (10,000-50,000 USD)
Fine / Payment to State:
Yes  150000  PHP  (10,000-50,000 USD)  
Legal Reasoning:

On 1 February 2011, Marcus Haldon Hodge pleaded guilty of use of a trafficked person. The prosecution asserted that the penalty prescribed in the Republic Act 7610 should be imposed. Marcus Haldon Hodge asserted that the penalty prescribed for use of a traffic person in the Republic Act 9208 should be imposed.

The Court discussed whether the Defendant’s behaviour fell under the Section 7 of the Republic Act 7610 as “trading and dealing with children, and/or the act of buying and selling a child for money”. The Court stated that there was no evidence to prove that the Defendant had bought and sold a minor for money or other consideration. The evidence only showed that the Defendant bought and engaged the services of a trafficked person for the purpose of prostitution and sexual exploitation. The Court further stated that there was no relevant relation between the two offenses defined in the two laws (i.e. Section 11 of R.A. 9208 and Section 7 of R.A. 7610), and therefore imposed the sentence as prescribed in the Section 11 of the Republic Act No. 9208.

As the Defendant purchased the sexual services twice, the Court imposed the following sentence:

For the use of a trafficked minor on 7 May 2009: six months of community service and a fine of PHP 50.000.

For the use of a trafficked minor on 8 May 2009: one year imprisonment and a fine of PHP 100.000.

Sources / Citations

CRIM. CASES NOS. 09-459 and 09-1968

Commentary and Significant Features

This case concerns criminalization of purchase of sexual services from a victim of trafficking.

Attachments