CRIM. CASES NOS. 134741 and 134741-A
Keywords
Procedural Information
Victims / Plaintiffs in the first instance
Defendants / Respondents in the first instance
Fact Summary
Roberto Acuin, a.k.a. Wovie, offered BBB (17 years old), CCC (15 years old) and DDD (16 years old) to work as dancers for fiesta in Laguna. He enticed the girls with a promise to pay each of them PHP 9000 a month. The girls accepted his offer. Acuin also offered AAA (28 years old) a job as a cashier for PHP 400 a day. She also accepted his offer. Later that day, Roberto transferred all the girls to a bus. He told them that the bus was going to Laguna, but the bus finally stopped at Bicol instead. He then took them to the Hannah Bee Videoke Club. Just after their arrival in the Club, Acuin introduced Salvacion Alamares to the girls as the owner of the house. Alamares told the girls that they would work with the customers at the bar as Guest Relations Officers (GROs) and explained that it meant dancing provocatively for the customers. Alamares introduced the girls to G.A., who worked as the cashier and was in charge of VIP rooms inside the Club.
During the period of their stay at Hannah Bee, both Acuin and Alamares instructed the girls to sit with customers, dance and give customers sexual favors. The girls never received the actual salary promised by Acuin. Further, they were under constant surveillance by Acuin and Alamares.
AAA succeeded in escaping from the Club two days after her arrival. When Alamares noticed that she was missing, she uttered threats, telling the complainants that she was capable of killing AAA. Immediately after escaping from the bar, AAA went home and told the parents of other girls about Acuing forcing them to provide sexual services as GROs. The parents of the girls sought assistance of the National Bureau of Investigation (NBI). NBI organized a raid to rescue the girls. Two investigators went to the bar to act as undercover customers. They agreed to enter the videoke club, engage in the services of the minors, and give the go-ahead signal if they were successful in their pretense to take a minor into a VIP room. After the signal, the whole operation team entered the bar and confirmed the presence of seven minors. Alamares and G.A. were arrested, Acuin managed to escape but got arrested a few days later.
Charges / Claims / Decisions
R.A. 9208 “The Anti-Trafficking in Persons Act”
R.A. 9208 “The Anti-Trafficking in Persons Act”
The proceeding consisted of two cases – No. 134741 for the criminal acts against AAA and No. 134741-A for the criminal acts against BBB, CCC, DDD.
The prosecution proved that Acuin by means of deception recruited the private complainants BBB, CCC and DDD, to work as prostitutes. It could be inferred from the acts of Acuin and Alamares that the two agreed to pursue a common design concerning the commission of trafficking in persons. Regarding G.A. being in conspiracy with them, neither the victims nor Acuin and Alamares have ever mentioned or implicated G.A. as one of the culprits.
The Court stated that both Alamares and Acuin had failed to offer any plausible evidence to convince the Court that they were innocent. Negative and self-serving denial deserves no weight in law when unsubstantiated by clear and convincing evidence. The testimony provided by BBB, CCC and DDD who were all minors are given full weight and credit, for youth and immaturity are badges of truth (People vs. Tolentino, 423 SCRA 448). Further, when the trafficked person is a child, it is considered qualified trafficking in persons.
AAA did not testify in this case. Consequently, the prosecution failed to provide clear and convincing evidence as to the liability of all accused pertaining to the charge.
No. 134741 – Alamares and Acuin were found guilty of qualified trafficking in persons, sentenced to life imprisonment and to pay a fine of PHP 2000000 and PHP 50000 as moral damages to each of the offended parties (BBB, CCC and DDD). G.A. was acquitted for insufficiency of evidence.
No. 134741-A – All accused were acquitted for insufficiency of evidence.
R.A. 9208 “The Anti-Trafficking in Persons Act”
R.A. 9208 “The Anti-Trafficking in Persons Act”
Ibidem Defendant 1
R.A. 9208 “The Anti-Trafficking in Persons Act”
R.A. 9208 “The Anti-Trafficking in Persons Act”
The proceeding consisted of two cases – No. 134741 for the criminal acts against AAA and No. 134741-A for the criminal acts against BBB, CCC, DDD.
Regarding G.A. being in conspiracy with other two defendants, neither the victims nor Acuin and Alamares have ever mentioned or implicated G.A. as one of the culprits. G.A. was therefore acquitted for insufficiency of evidence.
Sources / Citations
CRIM. CASE NOS. 134741 and 134741-A