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CRIM. CASE NO. 11-286939

UNODC No.:
PHL034
Sentence Date:
2012-05-15
Author:
United Nations Online Volunteers
Court:
Regional Trial Court, Branch 42, Manila

Keywords

Trafficking in Persons Protocol:
Article 3, Trafficking in Persons Protocol
Sector in which exploitation takes place:
Commercial sexual exploitation
International Cooperation:
Mutual legal assistance
Form of Trafficking:
Internal
Acts:
Recruitment
Purpose of Exploitation:
Exploitation of the prostitution of others or other forms of sexual exploitation
Means:
Deception

Procedural Information

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

Upon arraignment the accused entered a plea of not guilty. After the pre-trial conference was terminated, trial on the merits ensued.

 
 

Victims / Plaintiffs in the first instance

Victim:
A.A.A.
Gender:
Female

Defendants / Respondents in the first instance

Defendant:
Reynaldo Santiago, Jr. y Santos
Gender:
Male
Defendant:
R.C.M.
Gender:
Male
Defendant:
R.L.A.
Gender:
Female

Fact Summary

On September 29, 2011, M.E., a local TV producer, reported the existence of human trafficking in Tondo, Manila, to PO1 N. This report was confirmed by the producer’s TV crew. They provided evidence of a transaction which had taken place while they conducted surveillance in Moriones, Tondo, Manila on September 26 and 27, 2011. The crew recorded an asset contacting pimps and asking for a minor. The two parties haggled over the price. The pimps later returned with a woman which led the TV producer to determine the presence of prostitution in the area.

Following these reports, an entrapment operation was launched by police operatives. Surveillance was conducted in Plaza Morga, Tondo, where the alleged trafficking was taking place. An operative, posing as an asset, conducted a transaction with the people in this area. The asset agreed a monetary transaction with the pimps for the provision of a woman in a hotel room approximately 20 metres from the Plaza. A.A.A. told the court that on her way to purchase coffee in Plaza Moriones, she received a call in the early hours of September 30, 2011 from Reynaldo Santiago, who told her someone was looking for a woman. She overheard Santiago and his companion haggle for PHP500. She was supposed to receive PHP350 while the remaining PHP150 would go to the person facilitating the transaction. A.A.A. made her way to the motel as per the arrangements made by Reynaldo Santiago over the phone.

When the asset signalled the arrival of the pimps to the Plaza, two of the accused, R.C.M. and R.L.A., attempted to run but were later apprehended and arrested by PO1 N. The operatives proceeded to the motel room in Moriones where they found Reynaldo Santiago, who had arranged the transaction with the asset, and A.A.A., the woman he provided for the asset. Both parties were taken into custody. A.A.A. later identified Reynaldo Santiago as the man who had arrived at the Motel with the guest. She admitted to not having sexual intercourse with any man right before the arrest. She was also unaware at this time as to why she was arrested or brought to the police station.

No case for prostitution was filed against A.A.A. The three accused were brought to the police station and charged with qualified trafficking in persons on September 30, 2011. A.A.A was named as a witness for the prosecution along with the TV producer and two of the police operatives involved in the entrapment operation, namely, PO1 N and PO1 B.

Charges / Claims / Decisions

Defendant:
Reynaldo Santiago, Jr. y Santos
Verdict:
Guilty
Legislation / Statute / Code:

Section 4(a) in relation to Section 6(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

Term of Imprisonment:
20 years
Compensation / Payment to Victim:
No     
Fine / Payment to State:
Yes  1000000  PHP  (10,000-50,000 USD)  
Legal Reasoning:

The three defendants were charged with syndicated qualified trafficking, as defined under section 4(a) in relation to Section 6(c) of R.A. 9208. This was due to the recruitment and provision of the victim, A.A.A, for the purpose of prostitution, and the crime allegedly being committed by a group of three. 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.’

The prosecution proved, beyond reasonable doubt, that the first named accused, Reynaldo Santiago, recruited and provided A.A.A for the purposes sexual exploitation through prostitution. It was established that he had haggled over a price for A.A.A and instructed her to go to a hotel room where a guest was looking for a woman. She was told that the transaction would cost the guest PHP500 of which she would receive PHP350. The remaining PHP150 would go to the person who facilitated the transaction, Reynaldo Santiago. A.A.A went to the hotel to meet the guest. The Court held that Reynaldo Santiago entered into a transaction with another person for the purpose of recruiting or engaging A.A.A to have sexual intercourse with said person in exchange for money. It further held that Reynaldo Santiago intended to sexually exploit A.A.A through prostitution and in doing so, committed the act of ‘recruiting or providing a person by any means, for the purpose of prostitution, in exchange for money’, as defined by Section 3(c) of R.A. 9208.

The remaining two defendants, R.C.M. and R.L.A. were acquitted on the basis that the prosecution failed to provide evidence to prove conspiracy. The Court held that the participation of R.C.M. and R.L.A respectively had not been proven. Both were considered to be mere bystanders at the Plaza when their arrests took place.

Defendant:
R.C.M.
Verdict:
Not Guilty
Legislation / Statute / Code:

Section 4(a) in relation to Section 6(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

Legal Reasoning:

The Court held that the participation of R.C.M. had not been proven. Furthermore, it was of the opinion that R.C.M. was a mere bystander at the Plaza at the time of his arrest.

For the accused to be considered to be acting as a syndicate there must be conspiracy or a common intent to perpetuate the punishable act. In order to establish such a conspiracy there must be two or more persons who come to an agreement to commit the punishable act and decide to commit it. The Court found that all elements required to prove conspiracy were absent in this case. Thus, R.C.M. was acquitted for failure of the prosecution to prove his guilt beyond reasonable doubt.

Defendant:
R.L.A.
Verdict:
Not Guilty
Legislation / Statute / Code:

Section 4(a) in relation to Section 6(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

Legal Reasoning:

The Court held that the participation of R.L.A. had not been proven. Furthermore, it was of the opinion that R.L.A. was a mere bystander at the Plaza at the time of his arrest.

For the accused to be considered to be acting as a syndicate there must be conspiracy or a common intent to perpetuate the punishable act. In order to establish such a conspiracy there must be two or more persons who come to an agreement to commit the punishable act and decide to commit it. The Court found that all elements required to prove conspiracy were absent in this case. Thus, R.L.A. was acquitted for failure of the prosecution to prove his guilt beyond reasonable doubt.

Sources / Citations

CRIM. CASE NO. 11-286939

Commentary and Significant Features

The Court reiterated the principle repeatedly upheld by the Supreme Court of the Philippines that “an affirmative testimony is far stronger than a negative testimony especially when it comes from the mouth of a credible witness”. The Court applied this in the context of A.A.A’s testimony compared to Reynaldo Santiago’s denial of all events on the night in question.

Attachments