RA 9208 – Qualified Trafficking in Persons

PEOPLE OF THE PHILIPPINES vs. SHIRLEY A. CASIO

G.R. No. 211465, December 03, 2014

FACTS

Shirley A. Casio was charged for the violation of Republic Act No. 9208, Section 4(a),
qualified by Section 6(a).

International Justice Mission, a non-governmental organization, coordinated with the

police in order to entrap persons engaged in human trafficking in Cebu City.

Chief PSI George Ylanan, SPO1 Felomino Mendaros, SPO1 Fe Altubar, PO1 Albert
Luardo, and PO1 Roy Carlo Veloso composed the team of police operatives. PO1 Luardo and
PO1 Veloso were designated as decoys, pretending to be tour guides looking for girls to entertain
their guests. IJM provided them with marked money, which was recorded in the police blotter.

The team went to Queensland Motel and rented Rooms 24 and 25. These rooms were
adjacent to each other. Room 24 was designated for the transaction while Room 25 was for the
rest of the police team.

PO1 Luardo and PO1 Veloso proceeded to Cebu City’s red-light district. Accused
noticed them and called their attention by saying “Chicks mo dong?” Accused gave the assurance
that the girls were good in sex. PO1 Luardo inquired how much their services would cost.
Accused replied, “Tag kinientos” (P500.00).

PO1 Veloso and PO1 Luardo convinced accused to come with them to Queensland
Motel. Upon proceeding to Room 24, PO1 Veloso handed the marked money to accused.
 As accused counted the money, PO1 Veloso gave PSI Ylanan a missed call. This was
their pre-arranged signal. The rest of the team proceeded to Room 24, arrested accused, and
informed her of her constitutional rights. The police confiscated the marked money from accused
Meanwhile, AAA and BBB “were brought to Room 25 and placed in the custody of the
representatives from the IJM and the DSWD.”

AAA testified that Jocelyn stayed in the taxi, while she and BBB went to Room 24. It
was in Room 24 where the customer paid Shirley. The police rushed in and told AAA and BBB
to go to the other room. AAA was then met by the DSWD personnel who informed her that she
was rescued and not arrested.

In his defense, accused chiefly relied on denial and alibi.

The RTC found accused guilty beyond reasonable doubt and held that the accused had
consummated the act of trafficking of persons as defined under paragraph (a), Section 3 of R.A.
9208 for the purpose of letting her engage in prostitution as defined under paragraph [c] of the
same Section; the act of “sexual intercourse” need not have been consummated for the mere
“transaction” i.e. the ‘solicitation’ for sex and the handing over of the “bust money” of
Php1,000.00 already consummated the said act.

The Court of Appeals affirmed the findings of the trial court.

ISSUE

RULING

Under Republic Act No. 10364, the elements of trafficking in persons have been
expanded to include the following acts:
(1) The act of “recruitment, obtaining, hiring, providing, offering, transportation, transfer,
maintaining, harboring, or receipt of persons with or without the victim’s consent or knowledge,
within or across national borders;”
(2) The means used include “by means of threat, or use of force, or other forms of coercion,
abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability
of the person, or, the giving or receiving of payments or benefits to achieve the consent of a
person having control over another person”
(3) The purpose of trafficking includes “the exploitation or the prostitution of others or other
forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of
organs”

AAA and BBB were indeed recruited by accused when their services were peddled to the
police who acted as decoys. AAA was a child at the time that accused peddled her services.
AAA also stated that she agreed to work as a prostitute because she needed money. Accused
took advantage of AAA’s vulnerability as a child and as one who need money, as proven by the
testimonies of the witnesses.

Knowledge or consent of the minor is not a defense under Republic Act No. 9208. For
liability under our law, this argument is irrelevant. As defined under Section 3(a) of Republic
Act No. 9208, trafficking in persons can still be committed even if the victim gives consent.

The victim’s consent is rendered meaningless due to the coercive, abusive, or deceptive
means employed by perpetrators of human trafficking. Even without the use of coercive, abusive,
or deceptive means, a minor’s consent is not given out of his or her own free will.

Based on the definition of trafficking in persons and the enumeration of acts of

trafficking in persons, accused performed all the elements in the commission of the offense when
she peddled AAA and BBB and offered their services to decoys PO1 Veloso and PO1 Luardo in
exchange for money. The offense was also qualified because the trafficked persons were minors.
 Here, AAA testified as to how accused solicited her services for the customers waiting at
Queensland Motel. AAA also testified that she was only 17 years old when accused peddled her.

The prosecution was able to prove beyond reasonable doubt that accused committed the
offense of trafficking in persons, qualified by the fact that one of the victims was a child. As held
by the trial court, “The act of “sexual intercourse” need not have been consummated for the mere
“transaction” i.e. that ‘solicitation’ for sex and the handing over of the “bust money” of
Php.1,000.00 already consummated the said act.”