THIRD DIVISION CONTRARY TO LAW.

July 1, 2019 On arraignment, Santiago and the other two (2) accused pleaded not guilty to the crime
charged. Trial then ensued.9
G.R. No. 213760
The prosecution, through witnesses Police Officer 1 Jayboy Nonato (PO1 Nonato), PO1 Mark
REYNALDO SANTIAGO, JR. y SANTOS, Petitioner Anthony Ballesteros (PO1 Ballesteros), Melvin Espenida (Espenida), and AAA,10 established
vs. the following:
PEOPLE OF THE PHILIPPINES, Respondent
On September 26 and 27, 2011, TV5 segment producer Espenida and his crew went to Plaza
DECISION Morga and Plaza Moriones in Tondo, Manila to investigate the alleged prostitution operations
in the area.11 They had earlier designated a confidential asset, alias "Romeo David"12 (David),
LEONEN, J.: on whom a lapel microphone was clipped, to pose as a customer and transact with the alleged
pimps for a night with a minor.13 During the transaction, the pimps allegedly asked for
₱500.00.14 Espenida, who was on board a TV5 vehicle located about a hundred meters away
Human beings are not chattels whose sexual favors are bought or sold by greedy pimps. Those
from where David and the pimps were, heard the transaction through the microphone.15
who profit in this way by recruiting minors are rightfully, by law, labeled as criminals. They
should be the subject of aggressive law enforcement, prosecuted, tried, and when proof
beyond reasonable doubt exists, punished. On September 29, 2011, Espenida and his crew filed a Complaint before the Regional Police
Intelligence Operations Unit, Regional Intelligence Division, Camp Bagong Diwa,16 reporting
about the rampant human trafficking in Plaza Morga and Plaza Moriones. Acting on the
In the prosecution of the crime of trafficking in persons, the confidential asset or the informant's
Complaint, Police Senior Inspector Pablo Quejada, PO1 Nonato, PO1 Mabel Catuiran (PO1
testimony is not indispensable. It is enough that there is proof that "the accused has lured,
Catuiran), PO1 Ballesteros, and other police operatives conducted an entrapment operation
1âшphi1

enticed[,] or engaged its victims or transported them for the established purpose of
in those areas.17
exploitation."1
Later, at around 11:00 p.m., the team and David arrived at Plaza Morga. After surveying the
For this Court's resolution is a Petition for Review on Certiorari2 challenging the May 30, 2013
area, David pointed to the pimps, who, upon seeing the police, ran away but were eventually
Decision3 and July 31, 2014 Resolution4 of the Court of Appeals in CA-G.R. CR No. 34942.
caught and arrested. During trial, they were positively identified by the police officers in court
The Court of Appeals affirmed with modification the May 15, 2012 Decision5 of the Regional
as the same people apprehended that night.18
Trial Court, Branch 42, Manila.6
After the arrest, the team proceeded to the hotel where the trafficked person, AAA, had been
In an October 7, 2011 Information, Reynaldo Santiago, Jr. y Santos (Santiago), Ramil Castillo
waiting. The officers took her into custody and brought her to the Regional Intelligence Division
y Merano (Castillo), and Rebecca Legazpi y Adriano (Legazpi) were charged with committing
at Camp Bagong Diwa.19
acts of trafficking in persons under Section 4(c), in relation to Section 6(c) of Republic Act No.
9208, or the Anti-Trafficking in Persons Act of 2003.7 The Information read:
According to AAA, at around 1:30 a.m. on September 30, 2011, she was about to buy coffee
at Plaza Moriones when Santiago called her, offering to pay her to spend a night with a
That on or about September 30, 2011 in the City of Manila, Philippines, the said accused,
customer. He allegedly promised to pay AAA ₱350.00 out of the ₱500.00 that the customer
being a group consisting of three (3) persons and therefore acting as a syndicate, did then and
would pay for the transaction. Later, she and Santiago went to the hotel, which was 15 meters
there willfully, unlawfully, feloniously, knowingly and jointly commit act of qualified trafficking in
away from Plaza Moriones.20 There, the police came and took them both into custody. AAA
person for purposes of prostitution, sexual exploitation, forced labor, slavery, involuntary
later confirmed during trial that Santiago was the pimp, but said that she only saw Castillo and
servitude or debt bondage upon a (sic) person of AAA, by then and there, for a fee, offering
Legazpi for the first time upon getting into the van bound for the police station.21
her for sexual intercourse or exploitation to Romeo S. David, a police asset.
Santiago solely testified in his defense. He alleged that at around midnight of September 29,
2011, while he was selling coffee at Plaza Morga, around 25 meters away from Plaza
Moriones, he was approached by David, who said that he was looking for a woman. Santiago
said that he ignored the man.22
Then, Santiago allegedly saw AAA approach David, though he did not hear what the two had
talked about. AAA later waved at Santiago and invited him to accompany her. AAA brought
Santiago to a hotel, but as they were nearing it, the police arrived and arrested him.23
In its May 15, 2012 Decision,24 the Regional Trial Court convicted Santiago of committing
trafficking in persons punished under Section 4(a) of Republic Act No. 9208, or the Anti-
Trafficking in Persons Act. It gave credence to AAA's testimony that Santiago recruited her to
have sex with David for ₱500.00. Santiago was sentenced to 20 years of imprisonment and
was fined ₱1 million. Castillo and Legazpi were acquitted for the prosecution's failure to prove
their guilt beyond reasonable doubt.25 The dispositive portion of the Decision read:
WHEREFORE, in view of all the foregoing, this Court finds the accused REYNALDO
SANTIAGO, JR. y SANTOS @ "REY" guilty beyond reasonable doubt of violating Section 4
(a) of Republic Act 9208 otherwise known as "Anti-Trafficking in Persons Act of 2003" and he
is hereby sentenced to suffer the penalty of TWENTY YEARS IMPRISONMENT AND A FINE
OF ONE MILLION (Php1,000,000.00) PESOS.
Accused RAMIL CASTILLO y MERANO and REBECCA LEGAZPI y ADRIANO are hereby
acquitted for failure of the prosecution to prove their guilt beyond reasonable doubt.
SO ORDERED.26
In its May 30, 2013 Decision,27 the Court of Appeals affirmed Santiago's conviction. It found
that all the elements to establish that an accused had committed trafficking in persons, which
were the act, the means, and the exploitative purpose as provided under the Manual on Law
Enforcement and Prosecution of Trafficking in Persons Cases, were present.28 The dispositive
portion of the Decision read:
WHEREFORE, in view of the foregoing, the impugned Decision of the court a quo is
hereby AFFIRMED.
SO ORDERED.29 (Emphasis in the original)
Santiago's Motion for Reconsideration30 was denied in the Court of Appeals' July 31, 2014
Resolution.31
Santiago later filed a Motion for Extension of Time to File Petition for Review
on Certiorari,32 which this Court granted in its September 8, 2014 Resolution.33 Subsequently,
he filed this Petition for Review on Certiorari.34
In its January 12, 2015 Resolution,35 this Court required respondent People of the Philippines,
represented by the Office of the Solicitor General, to file its comment on the Petition within 10
days from notice.
The Office of the Solicitor General filed nine (9) Motions for Extension to File Comment totaling
130 days which this Court granted in its August 17, 201536 and January 13, 201637 Resolutions.
It eventually filed its Comment.38
This Court noted the Comment in its January 13, 2016 Resolution39 and required Santiago to
file his reply within 10 days from notice, with which Santiago complied.40
In its September 21, 2016 Resolution,41 this Court gave due course to the Petition and required
the parties to submit their respective memoranda within 30 days from notice.
Both parties initially filed their respective Motions for Extension, and subsequently, their
respective Memoranda.42
Arguing that the prosecution failed to prove his guilt beyond reasonable doubt, petitioner points
out that the lack of testimony from the confidential informant, David, raises doubts on whether
"petitioner truly offered AAA to him[.]"43 He adds that the witnesses were allegedly inconsistent
on David's identity.44
Petitioner also points out that AAA testified that she had not received the alleged consideration
for the transaction, dispelling the prosecution's claim that he was engaged in trafficking. Thus,
his defense of denial should not be dismissed since the evidence is insufficient to sustain his
conviction.45
Respondent counters that the Petition should be denied as petitioner raises questions of fact,
which are beyond the scope of a Rule 45 petition.46 Nonetheless, it maintains that the
prosecution has established petitioner's guilt beyond reasonable doubt for violating Section
4(a) of the Anti-Trafficking in Persons Act.47 It points out that the witnesses have proved the
elements of the crime,48 and the testimony of the confidential informant is not needed.49
For this Court's resolution is the lone issue of whether or not petitioner Reynaldo Santiago, Jr.
y Santos is guilty of violating Section 4(a) of the Anti-Trafficking in Persons Act.
This Court denies the Petition.
This Court accords great respect to the trial court's findings,50 especially when affirmed by the
Court of Appeals.51 "The trial court is in the best position to assess the credibility of witnesses
and their testimonies because of its unique opportunity to observe the witnesses, their
demeanor, conduct and attitude on the witness stand."52 The exception is when either or both
lower courts have "overlooked or misconstrued substantial facts which could have affected the
outcome of the case."53
Here, nothing warrants a reversal of the Court of Appeals' and the Regional Trial Court's
Decisions. This Court sustains petitioner's conviction.
Section 3(a) of Republic Act No. 9208, or the Anti-Trafficking in Persons Act, defines the crime
of trafficking in persons:
SECTION 3. Definition of Terms. — As used in this Act:
(a) Trafficking in Persons — refers to the recruitment, transportation, transfer or harboring, or
receipt of persons with or without the victim's consent or knowledge, within or across national
borders 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 persons,
or, the giving or receiving of payments or benefits to achieve the consent of a person having
control over another person for the purpose of exploitation which includes at a minimum, 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.
In People v. Casio,54 we enumerated the elements of the crime:
The elements of trafficking in persons can be derived from its definition under Section 3 (a) of
Republic Act No. 9208, thus:
(1) The act of "recruitment, transportation, transfer or harbouring, or receipt of persons with or
without the victim's consent or knowledge, within or across national borders."
(2) The means used which include "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["]; and
(3) The purpose of trafficking is exploitation which includes "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."55
On February 6, 2013, the law was amended by Republic Act No. 10364.56 Casio, likewise,
enumerated the elements of the crime under the expanded definition:
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[.]"57
Here, the offense was committed on September 30, 2011,58 prior to the amendment. Thus, the
original provisions of Republic Act No. 9208 are applicable.
The Information charged petitioner with violation of Section 4(c), in relation to Section 6(c) of
the law. Section 4(c) punishes the act of "[offering] or [contracting] marriage, real or simulated,
for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution,
pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt
bondage[.]"
However, a perusal of the allegations in the Information reveals that petitioner was sufficiently
charged with the crime of trafficking in persons under Section 4(a). The provision does not
allow any person:
(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.
The trial court correctly convicted petitioner for violation of Section 4(a), instead of Section 4(c) Q: And what did you do after Reynaldo Santiago told you that someone was looking for a
of Republic Act No. 9208. The Information sufficiently averred that: (1) petitioner committed an woman? What did you do then?
act of qualified trafficking in persons by offering AAA to David for sex or exploitation; (2) the
act was done for a fee; and (3) for prostitution, sexual exploitation, forced labor, slavery, A: I went with him, Sir.
involuntary servitude, or debt bondage.59
Q: You went with whom?
The rule is settled that "what controls is not the designation of the offense but its description
in the complaint or information[.]"60 A: Reynaldo Santiago, Sir, to go to the man.

People v. Ramirez61 held that the accused may not use the trafficked person's consent as a Q: Did you go to the man?
valid defense. It also discussed relevant jurisprudence:
A: No, I went ahead to the hotel, Sir.
This Court in People v. Rodriguez acknowledged that as with Casio, the corroborating
testimonies of the arresting officer and the minor victims were sufficient to sustain a conviction
Q: Did you reach the hotel?
under the law. In People v. Spouses Ybañez, et al., this Court likewise affirmed the conviction
of traffickers arrested based on a surveillance report on the prostitution of minors within the
area. . . . Casio also recognizes that the crime is considered consummated even if no sexual A: Yes, Sir, I was able to reach the hotel and at the hotel that's the place where everything
intercourse had taken place since the mere transaction consummates the crime.62 (Citations happened. "Nagkahulihan na po."
omitted)
Q: Before going to the hotel and you were asked by Reynaldo to go to the hotel, aside from
Here, the trafficked person, AAA, clearly recounted in her testimony how petitioner engaged telling you to go to the hotel, what else did you talk about?
her for the illicit transaction:
A: "Nilalakad niya po ako ng five hundred."
Q: Where were you on September 30, 2011 at around 1:30 in the morning?
....
A: I was going to Plaza Moriones to buy coffee.
Q: You mentioned earlier of a five hundred, that will be the amount of the transaction, in that
Q: And while you were going to Plaza Moriones to buy coffee, is there anything unusual that five hundred, how much will you receive?
happened?
A: Three hundred fifty, Sir.
A: Yes, Sir.
Q: One hundred fifty will go to the person who facilitated?
Q: Can you tell us what was that unusual [thing] that happened?
A: Yes, Sir.63
A: I was called [up] by Reynaldo Santiago, Sir.
In People v. Rodriquez,64 this Court held that the trafficked victim's testimony that she had been
Q: And what happened after you were called by Reynaldo Santiago? sexually exploited was "material to the cause of the prosecution."65 Here, AAA's testimony was
corroborated by the testimonies of the police officers who conducted the entrapment operation.
They recalled in detail the steps they had taken to verify the surveillance report and ensure
A: There was someone asking in looking for a woman, Sir, and then I was called.
that petitioner was the same person with whom the confidential informant transacted.66
Contrary to petitioner's contention, the testimony of the confidential informant is not
indispensable in the crime of trafficking in persons. Neither is his identity relevant. "It is
sufficient that the accused has lured, enticed[,] or engaged its victims or transported them for
the established purpose of exploitation,"67 which was sufficiently shown by the trafficked
person's testimony alone. As explained by the Court of Appeals:
The payment of P500,000 as moral damages and P100,000 as exemplary damages for the
crime of Trafficking in Persons as a Prostitute finds basis in Article 2219 of the Civil Code,
which states:
Art. 2219. Moral damages may be recovered in the following and analogous cases:

Jurisprudence consistently holds that there are compelling considerations why confidential (1) A criminal offense resulting in physical injuries;
informants are usually not presented by the prosecution. One is the need to hide their identity
and preserve their invaluable service to the police. Another is the necessity to protect them (2) Quasi-delicts causing physical injuries;
from being objects or targets of revenge by the criminals they implicate once they become
known. The testimony of the confidential asset is not relevant for conviction nor is it
(3) Seduction, abduction, rape, or other lascivious acts;
indispensable for a successful prosecution of this case because his testimony would merely
be corroborative and cumulative. The testimonies of the trafficked person, AAA, clearly
narrating what transpired on the trafficking incident and the police officers regarding the (4) Adultery or concubinage;
entrapment operation were sufficient to prove appellant's guilt of the crime charged.68 (Citation
omitted) (5) Illegal or arbitrary detention or arrest;

Thus, we affirm the lower courts' conviction of petitioner for violation of Republic Act No. 9208, (6) Illegal search;
Section 4(a), as punished under Section 10(a).69 Moreover, since this Court cannot impose an
indeterminate sentence due to the straight penalty imposed by law, the trial court correctly (7) Libel, slander or any other form of defamation;
imposed the penalty of 20 years of imprisonment and the fine of ₱1,000,000.00.
(8) Malicious prosecution;
However, damages in favor of AAA must be awarded. In People v. Lalli: 70

(9) Acts mentioned in Article 309;

The Civil Code describes moral damages in Article 2217:
Art. 2217. Moral damages include physical suffering, mental anguish, fright, serious anxiety,
besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury.
Though incapable of pecuniary computation, moral damages may be recovered if they are the
proximate result of the defendant's wrongful act for omission.
Exemplary damages, on the other hand, are awarded in addition to the payment of moral
damages, by way of example or correction for the public good, as stated in the Civil Code:
Art. 2229. Exemplary or corrective damages are imposed, by way of example or correction for
the public good, in addition to the moral, temperate, liquidated or compensatory damages.
Art. 2230. In criminal offenses, exemplary damages as a part of the civil liability may be
imposed when the crime was committed with one or more aggravating circumstances. Such
damages are separate and distinct from fines and shall be paid to the offended party.
(10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34, and 35.
The parents of the female seduced, abducted, raped, or abused, referred to in No. 3 of this
article, may also recover moral damages.
The spouse, descendants, ascendants, and brothers and sisters may bring the action
mentioned in No. 9 of this article, in the order named.
The criminal case of Trafficking in Persons as a Prostitute is an analogous case to the crimes
of seduction, abduction, rape, or other lascivious acts. In fact, it is worse.71
Thus, moral damages of ₱500,000.00 and exemplary damages of ₱100,000.00 are imposed,
with interest at the rate of six percent (6%) per annum from the finality of this Decision until
fully paid.72
WHEREFORE, the Petition is DENIED. The Court of Appeals' May 30, 2013 Decision and July
31, 2014 Resolution in CA-G.R. CR No. 34942 are AFFIRMED with MODIFICATION.

Petitioner Reynaldo Santiago, Jr. y Santos is found GUILTY beyond reasonable doubt of
violating Section 4(a) of Republic Act No. 9208. He is sentenced to suffer the penalty of
imprisonment of twenty (20) years and to pay the victim, AAA: (1) a fine of One Million Pesos
(₱1,000,000.00); (2) moral damages of Five Hundred Thousand Pesos (₱500,000.00); and (3)
exemplary damages of One Hundred Thousand Pesos (₱100,000.00).

All damages awarded shall be subject to the rate of six percent (6%) per annum from the
finality of this Decision until its full satisfaction.

SO ORDERED.

Peralta (Chairperson), A. Reyes, Jr., Hernando, and Inting, JJ., concur.

 SECOND DIVISION
[ G.R. No. 235652, July 09, 2018 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. XXX AND
YYY,* ACCUSED-APPELLANTS.
DECISION
PERLAS-BERNABE, J.:
Before the Court is an ordinary appeal[1] filed by accused-appellants XXX and YYY
(accused-appellants) assailing the Decision[2] dated August 25, 2017 of the Court
of Appeals (CA) in CA-G.R. CR-H.C. No. 08446, which affirmed the
Judgment[3] dated October 23, 2015 of the Regional Trial Court of Biñan, Laguna,
Branch 25 (RTC) in Criminal Case Nos. 21802-B, 21803-B, 21804-B, and 24608-
B, convicting them of multiple counts of Qualified Trafficking in Persons defined
and penalized under Section 4 in relation to Section 6 of Republic Act No. (RA)
9208,[4] otherwise known as the "Anti-Trafficking in Persons Act of 2003."
The Facts
This case stemmed from various Informations[5] filed before the RTC, charging
accused-appellants and a certain John Doe of the crime of Qualified Trafficking in
Persons, among others, the accusatory portions of which read:
Criminal Case No. 21802-B
The undersigned 4th Assistant Provincial Prosecutor, hereby accuses XXX and YYY
of the crime of Section 4 (e) in relation to Section 6 (a) and (d) of RA 9208,
committed as follows:
That for the period comprising the years 2008, 2009, 2010 up to March 5, 2011,
in the City of Cabuyao, Province of Laguna, Philippines within the jurisdiction of
this Honorable Court, the above-named accused conspiring and confederating with
each other, by deception and taking advantage of the vulnerability of the minor
complainant being the biological parents of the minor complainant having custody
and control over AAA, 14 years old, born on 14 December 1996, did then and there
maintain for the purpose of prostitution and/or pornography said minor
complainant by then and there providing food, shelter and clothing to induce and
persuade the said minor complainant, by using the computer and webcam and
internet connections, for the minor complainant to engage in private chat wherein
persons, usually foreigners would pay a fee, for the minor complainant to show
her genitals, buttocks, breasts, pubic area, and to perform simulated sexual
explicit activities as by touching and fondling her genitals, buttocks, breasts, pubic
area, and uttering words as "FUCK ME!" "LICK ME", instilling in the mind of the
minor complainant that the same is necessary for their support and daily
sustenance as the earnings she derives from such activities will pay for the family's
food, rental and utilities in violation of the said law.
With the presence of the qualifying circumstances that (i) the trafficked person
AAA, 14 years old, born on 14 December 1996, is a child and (ii) the accused are
the parents of the minor complainant.
CONTRARY TO LAW.[6]
Criminal Case No. 21803-B
The undersigned 4th Assistant Provincial Prosecutor, hereby accuses XXX and YYY
of the crime of Section 4 (e) in relation to Section 6 (a) and (d) of RA 9208,
committed as follows:
That for the period comprising the year 2010 up to March 5, 2011, in the City of
Cabuyao, Province of Laguna, Philippines within the jurisdiction of this Honorable
Court, the above-named accused conspiring and confederating with each other,
by deception and taking advantage of the vulnerability of the minor complainant
being the biological parents of the minor complainant having custody and control
over BBB, 10 years old, born on 14 May 2000, did then and there maintain for the
purpose of prostitution and/or pornography said minor complainant by then and
there providing food, shelter and clothing to induce and persuade the said minor
complainant, by using the computer and webcam and internet connections, to
dance naked in front of the camera being viewed through the internet, by a
person/s, usually a foreigner named "Sam", who pays a fee, for the minor
complainant to: (i) for the minor complainant to engage in private chat wherein
persons, usually foreigners would pay for a fee, for the minor complainant to show
her genitals, buttocks, breasts, instilling in the mind of the minor complainant that
the same is necessary for their support and daily sustenance as the earnings she
derives from such activities will pay for the family's food, rental and utilities in
violation of the said law.
With the presence of the qualifying circumstances that (i) the trafficked person
BBB, 10 years old, born on 14 May 2000, is a child and (ii) the accused are the
parents of the minor complainant.
CONTRARY TO LAW.[7]
Criminal Case No. 21804-B.
The undersigned 4th Assistant Provincial Prosecutor, hereby accuses XXX and YYY
of the crime of Section 4 (e) in relation to Section 6 (a) and (d) of RA 9208,
committed as follows:
That for the period comprising the year 2010 up to March 5, 2011, in the City of
Cabuyao, Province of Laguna, Philippines within the . jurisdiction of this Honorable
Court, the above-named accused conspiring and confederating with each other,
by deception and taking advantage of the vulnerability of the minor complainant
being the biological parents of the minor complainant having custody and control
over CCC, 9 years old, born on July 24, 2001, did then and there maintain for the
purpose of prostitution and/or pornography said minor complainant by then and
there providing food, shelter and clothing to induce and persuade the said minor
complainant, by using the computer and webcam and internet connections, to
dance naked in front of the camera being viewed through the internet, by person/s,
usually a foreigner named "Sam", who pays a fee, for the minor complainant to:
(i) for the minor complainant to engage in private chat wherein persons, usually
foreigners would pay for a fee, for the minor complainant to show her genitals,
buttocks, breasts, pubic area[,] instilling in the mind of the minor complainant that
the same is necessary for their support and daily sustenance as the earnings she
derives from such support and daily sustenance as the earnings she derives from
such activities will pay for the family's food, rental and utilities in violation of the
said law.
With the presence of the qualifying circumstances that (i) the trafficked person,
CCC, 9 years old, born on July 24, 2001, is a child and (ii) the accused are the
parents of the minor complainant.
CONTRARY TO LAW.[8]
Criminal Case No. 24608-B
The undersigned 4th Assistant Provincial Prosecutor, hereby accuses XXX and JOHN
DOE, whose name and personal circumstances are yet unknown, for the crime of
Section 4 (a) in relation to Section 6 (a) and (d) of RA 9208, otherwise known as
the "Anti-Trafficking in Persons Act of 2003", committed as follows:
That sometime in April 2010 or in the dates prior thereto in the City of Cabuyao,
Province of Laguna, Philippines within the jurisdiction of this Honorable Court, the
above-named accused XXX, being the mother of herein complainant AAA, 14 years
old, born on 14 December 1996, by taking advantage of the vulnerability of the
minor complainant as being the mother accused exerts influence and control over
the minor complainant with the intention and purpose of exploitation and
prostitution, did then and there willfully, unlawfully and feloniously recruit,
transport and provide complainant minor AAA, for the purpose of prostitution by
then and there bringing her from their residence in Cabuyao, Laguna to the hotel
room occupied by one JOHN HUBBARD, a foreign national in Makati City wherein
the said John Hubbard had sexual intercourse with the minor complainant in
exchange of material consideration in the amount of One Hundred Thousand Pesos
(P100,000.00).
With the qualifying circumstances that the trafficked person, AAA, 14 years old,
born on 14 December 1996, is a child and that the accused is a parent and
exercises parental authority over the trafficked person as she is the mother of
complainant AAA.
CONTRARY TO LAW.[9]
The prosecution claimed that AAA, BBB, and CCC are the minor children of spouses
XXX and YYY. AAA claimed that sometime in April 2010, when she was just 13
years old, her mother XXX brought her to a hotel in Makati to meet with a certain
John Hubbard who proceeded to have sexual intercourse with her. AAA further
alleged that from 2008 to 2011, XXX ordered her to engage in cybersex for three
(3) to four (4) times a week in pornographic websites where AAA was shown in
her underwear and made to do sexual activities in front of the computer. For their
part, BBB and CCC corroborated AAA's statements, both averring that from 2010-
2011, XXX ordered them to dance naked in front of the computer with internet
connectivity while facilitating the webcam sessions and chatting with a certain
"Sam," their usual client. BBB and CCC alleged that during those sessions, their
father YYY would be outside the room or fixing the computer. The children all
claimed that they were made to do sexual activities to earn money for their
household expenses which were collected by YYY in remittance centers.[10]
Sometime in February 2011, AAA sought the assistance of the Department of
Social Welfare and Development (DSWD) as she wanted her and her siblings to be
rescued. AAA was then taken by the DSWD Social Worker, who then coordinated
with the National Bureau of Investigation (NBI). After making an investigation and
a technical verification of the pornographic websites which revealed photos and
transactions of AAA, the NBI applied for and was granted a search warrant.
Subsequently, the law enforcement authorities implemented the search warrant,
resulting in the rescue of AAA, BBB, and CCC, the confiscation of the computer
units and paraphernalia connected with the alleged crimes, and the arrest of both
XXX and YYY.[11]
For their defense, accused-appellants denied the accusations and claimed not
knowing any motive for their children's accusations as XXX is a housewife, while
YYY works at a printing press. They alleged that AAA ran away when she was
impregnated by her boyfriend and denied that computer gadgets were confiscated
from them.[12]
The RTC Ruling
In a Judgment [13]
dated October 23, 2015, the RTC found accused-appellants
guilty beyond reasonable doubt of four (4) counts of Qualified Trafficking in
Persons as defined and penalized under RA 9208. Accordingly, they were
sentenced to suffer the penalty of life imprisonment and to pay a fine of
P2,000,000.00 for each count, and to pay the victims the amounts of P30,000.00
as moral damages and P10,000.00 as exemplary damages for each count.[14] All
other charges[15] against them were dismissed for being superfluous as they are
deemed subsumed under the crimes for which they were convicted.[16]
The RTC found that the prosecution had proven beyond reasonable doubt the fact
that accused-appellants had conspired and confederated with one another to
maintain and exploit their children, AAA, BBB, and CCC, into committing cybersex
with several foreigners through various websites. In this regard, the RTC pointed
out that accused-appellants' assertion that the charges against them are merely
fabricated cannot be given credence in light of the children's clear and
straightforward testimonies and the lack of ill motive to testify against their own
parents.[17]
Aggrieved, accused-appellants appealed to the CA.[18]
The CA Ruling
In a Decision[19] dated August 25, 2017, the CA affirmed accused-appellants'
conviction, with the following modifications: (a) YYY's conviction is reduced to
three (3) counts of Qualified Trafficking in Persons; and (b) the awards of damages
for the victims were increased to P500,000.00 as moral damages and P100,000.00
as exemplary damages.[20]
In affirming accused-appellants' respective convictions, the CA gave credence to
the testimonies of the three (3) children-victims who not only positively identified
accused-appellants as the perpetrators of the crime, but also straightforwardly
explained the acts of sexual exploitation perpetuated against them by their own
parents. This notwithstanding, the CA found it appropriate to find the children's
father, YYY, guilty for only three (3) counts of Qualified Trafficking, as he was only
named as an accused in three (3) of the four (4) total Informations[21] for such
crime filed before the RTC.[22]
Hence, this appeal.[23]
The Issue Before the Court
The issue for the Court's resolution is whether or not XXX and YYY are guilty
beyond reasonable doubt of four (4) and three (3) counts, respectively, of
Qualified Trafficking in Persons.
The Court's Ruling
 Section 4. Acts of Trafficking in Persons. – It shall be unlawful for any person,
natural or juridical, to commit any of the following acts:
The appeal is without merit.
(a) To recruit, transport, transfer, harbor, provide, or receive a person by any
Section 3 (a) of RA 9208 defines the term "Trafficking in Persons" as the means, including those done under the pretext of domestic or overseas
"recruitment, transportation, transfer or harboring, or receipt of persons with or employment or training or apprenticeship, for the purpose of prostitution,
without the victim's consent or knowledge, within or across national borders by pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
means of threat or use of force, or other forms of coercion, abduction, fraud, debt bondage;
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 x x x x
consent of a person having control over another person for the purpose of
exploitation which includes at a minimum, the exploitation or the prostitution of (e) To maintain or hire a person to engage in prostitution or pornography;
others or other forms of sexual exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs." The same provision further provides xxxx
that "[t]he recruitment, transportation, transfer, harboring or receipt of a child for
the purpose of exploitation shall also be considered as 'trafficking in persons' even
if it does not involve any of the means set forth in the preceding paragraph." ." As correctly ruled by the courts a quo, accused-appellants are guilty beyond
The crime of "Trafficking in Persons" becomes qualified under, among others, the reasonable doubt of three (3) counts of Qualified Trafficking in Persons under
following circumstances: Section 4 (e) in relation to Section 6 (a) and (d) of RA 9208 as the prosecution
had established beyond reasonable doubt that: (a) they admittedly are the
Section 6. Qualified Trafficking in Persons. – The following are considered as biological parents of AAA, BBB, and CCC, who were all minors when the crimes
qualified trafficking: against them were committed; (b) they made their children perform acts of
cybersex for different foreigner customers, and thus, engaged them in prostitution
(a) When the trafficked person is a child; and pornography; (c) they received various amounts of money in exchange for
the sexual exploitation of their children; and (d) they achieved their criminal
x x x x design by taking advantage of their children's vulnerability as minors and deceiving
them that the money they make from their lewd shows are needed for the family's
(d) When the offender is an ascendant, parent, sibling, guardian or a person who daily sustenance.
exercises authority over the trafficked person or when the offense is committed
by a public officer or employee; In the same manner, the courts a quo likewise correctly convicted XXX of one (1)
count of the same crime, this time under Section 4 (a) in relation to Section 6 (a)
xxxx and (d) of RA 9208, as it was shown that XXX transported and provided her own
minor biological child, AAA, to a foreigner in Makati City for the purpose of
prostitution, again under the pretext that the money acquired from such illicit
In this case, accused-appellants were charged of three (3) counts each of Qualified transaction is needed for their family's daily sustenance.
Trafficking in Persons under Section 4 (e) in relation to Section 6 (a) and (d) of RA
9208. XXX was further charged with another count of the same crime under In light of the foregoing, the Court finds no reason to deviate from the factual
Section 4 (a) also in relation to Section 6 (a) and (d) of the same law. Section 4 findings of the trial court, as affirmed by the CA, as there is no indication that it
(a) and (e) of RA 9208 reads: overlooked, misunderstood or misapplied the surrounding facts and circumstances
of the case. In fact, the trial court was in the best position to assess and determine CCC, the amounts of P500,000.00 as moral damages and P100,000.00 as exemplary damages, both
the credibility of the witnesses presented by both parties, and hence, due with legal interest of six percent (6%) per annum from finality of judgment until fully paid; and
deference should be accorded to the same.[24] As such, accused-appellants' (d) In Criminal Case No. 24608-B, XXX is found GUILTY beyond reasonable doubt of Qualified
conviction for Qualified Trafficking in Persons must be upheld. Trafficking in Persons defined and penalized under Section 4 (a) in relation to Section 6 (a) and
(d) of RA 9208. Accordingly, she is sentenced to suffer the penalty of life imprisonment and to
Anent the proper penalty to be imposed on accused-appellants, Section 10 (c) of pay a fine in the amount of P2,000,000.00. In addition, she is ordered to pay the victim, AAA, the
RA 9208 states that persons found guilty of Qualified Trafficking shall suffer the amounts of P500,000.00 as moral damages and Pl 00,000.00 as exemplary damages, both with
legal interest of six percent (6%) per annum from finality of judgment until fully paid.
penalty of life imprisonment and a fine of not less than P2,000,000.00 but not
more than P5,000,000.00. Thus, the courts a quo correctly sentenced them to
suffer the penalty of life imprisonment and to pay a fine of P2,000,000.00 for each
SO ORDERED.
count of Qualified Trafficking in Persons.
Carpio, (Chairperson), Peralta, Caguioa, and Reyes, Jr., JJ., concur.
Finally, the courts a quo correctly ordered accused-appellants to pay the victims
the amounts of P500,000.00 as moral damages and P100,000.00 as exemplary
damages for each count of Qualified Trafficking in Persons as such amounts are at
par with prevailing jurisprudence.[25] Further, the Court deems it proper to impose
on all monetary awards due to the victims legal interest of six percent (6%) per
annum from finality of judgment until full payment.[26]

WHEREFORE, the appeal is DENIED. The Decision dated August 25, 2017 of the
Court of Appeals in CA-G.R. CR-H.C. No. 08446
is AFFIRMED with MODIFICATIONS as follows:

(a) In Criminal Case No. 21802-B, XXX and YYY are found GUILTY beyond reasonable doubt of
Qualified Trafficking in Persons defined and penalized under Section 4 (e) in relation to Section 6
(a) and (d) of RA 9208. Accordingly, they are sentenced to suffer the penalty of life imprisonment
and to pay a fine in the amount of P2,000,000.00. In addition, they are ordered to pay the victim,
AAA, the amounts of P500,000.00 as moral damages and P100,000.00 as exemplary damages,
both with legal interest of six percent (6%) per annum from finality of judgment until fully paid;
(b) In Criminal Case No. 21803-B, XXX and YYY are found GUILTY beyond reasonable doubt of
Qualified Trafficking in Persons defined and penalized under Section 4 (e) in relation to Section 6
(a) and (d) of RA 9208: Accordingly, they are sentenced to suffer the penalty of life imprisonment
and to pay a fine in the amount of P2,000,000.00. In addition, they are ordered to pay the victim,
BBB, the amounts of P500,000.00 as moral damages and P100,000.00 as exemplary damages, both
with legal interest of six percent (6%) per annum from finality of judgment until fully paid;
(c) In Criminal Case No. 21804-B, XXX and YYY are found GUILTY beyond reasonable doubt of
Qualified Trafficking in Persons defined and penalized under Section 4 (e) in relation to Section 6
(a) and (d) of RA 9208. Accordingly, they are. sentenced to suffer the penalty of life imprisonment
and to pay a fine in the amount of P2,000,000.00. In addition, they are ordered to pay the victim,
 Republic of the Philippines
SUPREME COURT
Manila
SECOND DIVISION
G.R. No. 195419 October 12, 2011
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,
vs.
HADJA JARMA LALLI y PURIH, RONNIE ARINGOY y MASION, and NESTOR RELAMPAGOS (at
large), Accused.
HADJA JARMA LALLI y PURIH and RONNIE ARINGOY Accused-Appellants.
DECISION
CARPIO, J.:
The Case
This is a consolidated criminal case filed against the accused-appellants for the crimes of Illegal
Recruitment (Criminal Case No. 21930) and Trafficking in Persons (Criminal Case No. 21908).
The Regional Trial Court (RTC) of Zamboanga City, in its Decision dated 29 November 2005
(RTC Decision),1 found accused-appellants guilty beyond reasonable doubt of the crimes of
Illegal Recruitment and Trafficking in Persons committed by a syndicate, and sentenced each
of the accused to suffer the penalty of life imprisonment plus payment of fines and damages.
On appeal, the Court of Appeals (CA) in Cagayan de Oro, in its Decision dated 26 February
2010 (CA Decision),2 affirmed in toto the RTC Decision. The accused-appellants appealed to
this Court by filing a Notice of Appeal3 in accordance with Section 3(c), Rule 122 of the Rules
of Court.
The Facts
The findings of fact of the RTC, which were affirmed in toto by the CA, are as follows:
In the evening of June 3, 2005, while Lolita Sagadsad Plando, 23 years old, single, was in
Tumaga, Zamboanga City on her way to the house of her grandfather, she met Ronnie Masion
Aringoy and Rachel Aringoy Cañete. Ronnie greeted Lolita, "Oy, it’s good you are here" ("oy,
maayo kay dia ka"). Rachel asked Lolita if she is interested to work in Malaysia. x x x Lolita
was interested so she gave her cellphone number to Ronnie. After their conversation, Lolita
proceeded to her grandfather’s house.
xxx
On June 4, 2005, at about 7:00 o’clock in the morning, Lolita received a text message from
Ronnie Aringoy inviting her to go to the latter’s house. At 7:30 in the morning, they met at
Tumaga on the road near the place where they had a conversation the night before. Ronnie
brought Lolita to the house of his sister in Tumaga. Lolita inquired what job is available in
Malaysia. Ronnie told her that she will work as a restaurant entertainer. All that is needed is a
passport. She will be paid 500 Malaysian ringgits which is equivalent to ₱7,000.00 pesos in
Philippine currency. Lolita told Ronnie that she does not have a passport. Ronnie said that
they will look for a passport so she could leave immediately. Lolita informed him that her
younger sister, Marife Plando, has a passport. Ronnie chided her for not telling him
immediately. He told Lolita that she will leave for Malaysia on June 6, 2005 and they will go to
Hadja Jarma Lalli who will bring her to Malaysia. Ronnie sent a text message to Lalli but the
latter replied that she was not in her house. She was at the city proper.
On June 5, 2005, at about 6:00 o’clock in the evening, Ronnie Aringoy and Rachel Aringoy
Cañete arrived on board a tricycle driven by Ronnie at the house where Lolita was staying at
Southcom Village. Ronnie asked if Lolita already had a passport. Lolita said that she will
borrow her sister’s passport. Ronnie, Rachel and Lolita went to Buenavista where Lolita’s other
sister, Gina Plando was staying. Her sister Marife Plando was there at that time. Lolita asked
Marife to let her use Marife’s passport. Marife refused but Lolita got the passport. Marife cried.
Ronnie, Rachel and Lolita proceeded to Tumaga. Ronnie, Rachel and Lolita went to the house
of Hadja Jarma Lalli just two hundred meters away from the house of Ronnie in Tumaga.
Ronnie introduced Lolita to Hadja Jarma, saying "Ji, she is also interested in going to
Malaysia." Lolita handed a passport to Hadja Jarma telling her that it belongs to her sister
Marife Plando. Hadja Jarma told her it is not a problem because they have a connection with
the DFA (Department of Foreign Affairs) and Marife’s picture in the passport will be substituted
with Lolita’s picture. Nestor Relampagos arrived driving an owner-type jeep. Hadja Jarma
introduced Nestor to Lolita as their financier who will accompany them to Malaysia. x x x Lolita
noticed three other women in Hadja Jarma’s house. They were Honey, about 20 years old;
Michele, 19 years old, and another woman who is about 28 years old. The women said that
they are from Ipil, Sibugay Province. Ronnie told Lolita that she will have many companions
going to Malaysia to work. They will leave the next day, June 6, and will meet at the wharf at
2:30 in the afternoon.
On June 6, 2005, Lolita went to Zamboanga City wharf at 2:00 o’clock in the afternoon bringing
a bag containing her make-up and powder. She met at the wharf Hadja Jarma Lalli, Ronnie
Aringoy, Honey and Michele. Ronnie gave to Lolita her boat ticket for the vessel M/V Mary Joy
bound for Sandakan, Malaysia; a passport in the name of Marife Plando but with Lolita’s picture
on it, and ₱1,000.00 in cash. Hadja Jarma, Lolita, Honey, Michele and two other women
boarded the boat M/V Mary Joy bound for Sandakan. Ronnie Aringoy did not go with them. He
did not board the boat. x x x After the boat sailed, Hadja Jarma Lalli and Nestor Relampagos
approached Lolita and her companions. Nestor told them that they will have a good job in
Malaysia as restaurant entertainers. They will serve food to customers. They will not be
harmed.
M/V Mary Joy arrived at the port of Sandakan, Malaysia at 10:00 o’clock in the morning of
June 7, 2005. After passing through the immigration office, Hadja Jarma Lalli, Nestor
Relampagos, Lolita, Honey, Michele and two other women boarded a van for Kota Kinabalu.
x x x At the hotel, Nestor Relampagos introduced to Lolita and her companions a Chinese
Malay called "Boss" as their employer. After looking at the women, "Boss" brought Lolita,
Honey, Diane and Lorraine to a restaurant near the hotel. Diane and Lorraine were also on
baord M/V Mary Joy when it left the port of Zamboanga for Sandakan on June 6, 2005. When
they were already at the restaurant, a Filipina woman working there said that the place is a
prostitution den and the women there are used as prostitutes. Lolita and her companions went
back to the hotel. They told Hadja Jarma and Nestor that they do not like to work as prostitutes.
x x x After about five minutes, another person called "boss" arrived. x x x [T]hey were fetched
by a van at about 7:00 o’clock in the evening and brought to Pipen Club owned by "Boss Awa",
a Malaysian. At the club, they were told that they owe the club 2,000 ringgits each as payment
for the amount given by the club to Hadja Jarma Lalli and Nestor Relampagos. They will pay
for the said amount by entertaining customers. The customers will pay 300 ringgits for short
time services of which 50 ringgits will go to the entertainer, and 500 ringgits for over night
service of which 100 ringgits will be given to the entertainer. Pipen Club is a big club in a two-
storey building. There were about 100 women working in the club, many of them were Filipina
women.
Lolita Plando was forced to work as entertainer at Pipen Club. She started working at 8:30 in
the evening of June 14, 2005. She was given the number 60 which was pinned on her. That
night, she had her first customer who selected her among the other women at the club. He
was a very big man, about 32 years old, a Chinese-Malay who looked like a wrestler. The man
paid for short time service at the counter. Lolita was given by the cashier a small pink paper.
She was instructed to keep it. A small yellow paper is given to the entertainer for overnight
services. The customer brought Lolita to a hotel. She did not like to go with him but a "boss"
at the club told her that she could not do anything. At the hotel, the man poked a gun at Lolita
and instructed her to undress. She refused. The man boxed her on the side of her body. She
could not bear the pain. The man undressed her and had sexual intercourse with her. He had
sexual intercourse with her every fifteen minutes or four times in one hour. When the customer
went inside the comfort room, Lolita put on her clothes and left. The customer followed her
and wanted to bring her back to the hotel but Lolita refused. At about 1:00 o’clock in the
morning of June 15, 2005, Lolita was chosen by another customer, a tall dark man, about 40
years old. The customer paid for an overnight service at the counter and brought Lolita to
Mariner Hotel which is far from Pipen Club. At the hotel, the man told Lolita to undress. When
she refused, the man brought her to the comfort room and bumped her head on the wall. Lolita
felt dizzy. The man opened the shower and said that both of them will take a bath. Lolita’s
clothes got wet. She was crying. The man undressed her and had sexual intercourse with her.
They stayed at the hotel until 11:00 o’clock in the morning of June 15, 2005. The customer
used Lolita many times. He had sexual intercourse with her every hour.
Lolita worked at Pipen Club from June 14 to July 8, 2005. Every night, a customer used her.
She had at least one customer or more a night, and at most, she had around five customers a
night. They all had sexual intercourse with her. On July 9, 2005, Lolita was able to contact by
cellphone at about 10:00 o’clock in the morning her sister Janet Plando who is staying at
Sipangkot Felda x x x. Janet is married to Said Abubakar, an Indonesian national who is
working as a driver in the factory. x x x Lolita told Janet that she is in Labuan, Malaysia and
beg Janet to save her because she was sold as a prostitute. Janet told Lolita to wait because
her husband will go to Pipen Club to fetch Lolita at 9:00 o’clock that evening of that day. x x x
She told Janet to instruct her husband to ask for No. 60 at Pipen Club. x x x At 9:00 o’clock in
the evening, Lolita was told by Daddy Richard, one of the bosses at the club, that a customer
requested for No. 60. The man was seated at one of the tables. Lolita approached the man
and said, "good evening." The man asked her is she is the sister of Janet Plando. Lolita replied
that she is, and asked the man if he is the husband of her sister. He said, "yes." The man had
already paid at the counter. He stood up and left the place. Lolita got her wallet and followed
him. x x x Lolita told her sister about her ordeal. She stayed at her sister’s house until July 22,
2005. On July 21, 2005 at 7:00 o’clock in the evening, a policeman went to her sisters house
and asked if there is a woman staying in the house without a passport. Her sister told the
policeman that she will send Lolita home on July 22. At dawn on July 22, Lolita and her brother-
in-law took a taxi from Sipangkot Felda to Mananamblas where Lolita will board a speedboat
to Sibuto, Tawi-Tawi. x x x
Upon arrival in Zamboanga City on July 24, 2005, Lolita went directly to the house of her eldest
sister Alejandra Plando Maywila at Sta. Catalina, Zamboanga City. She left her things at her
sister’s house and immediately went to the sister of Ronnie Aringoy in Tumaga. Ronnie was
not there. She asked Russel, niece of Ronnie, to call for the latter. Ronnie arrived and said to
her, "so you are here, you arrived already." He said he is not involved in what happened to
her. Lolita asked Ronnie to accompany her to the house of Nestor Relampagos because she
has something to get from him. Ronnie refused. He told Lolita not to let them know that she
had already arrived from Malaysia.
Lolita was advised to file a complaint with the police regarding her ordeal in Malaysia. On
August 2, 2005, at past 9:00 o’clock in the morning, Lolita Plando went to Zamboanga Police
Office at Gov. Lim Avenue to file her complaint. x x x
In her Counter-Affidavit (Exh. "1"; "1-A"-Lalli), Hadja Jarma Lalli admitted that she met Lolita The Decision of the Trial Court
Plando on June 6, 2005 on board M/V Mary Joy while the said vessel was at sea on its way to
Sandakan, Malaysia. The meeting was purely coincidental. By coincidence also, Hadja Jarma, The Regional Trial Court rendered its Decision on 29 November 2005, with its dispositive
Nestor Relampagos and Lolita Plando boarded the same van for Kota Kinabalu, Malaysia. portion declaring:
Upon arrival, they parted ways. They did not see each other anymore at Kota Kinabalu,
Malaysia. She did not know what happened to them. She went to Kota Kinabalu to visit his WHEREFORE, the Court finds accused HADJA JARMA LALLI y PURIH and RONNIE
son-in-law. She denied having recruited Lolita Plando for employment abroad (Exh. "1"; "1- ARINGOY y MASION GUILTY beyond reasonable doubt in Criminal Case No. 21908 of the
A"). x x x Crime of Trafficking in Persons defined in Section 3(a) and penalized under Section 10(c) in
relation to Sections 4(a) and 6(c) of Republic Act No. 9208 known as the "Anti-Trafficking in
In his Counter-Affidavit (Exh. "1"-Aringoy), Ronnie Aringoy affirmed that he personally knows Persons Act of 2003" and in Criminal Case No. 21930 of the crime of Illegal Recruitment
Lolita Plando since she was a teenager and he knows for a fact that her name is Cristine and defined in Section 6 and penalized under Section 7(b) of Republic Act No. 8042 known as the
not Marife "as she purports it to appear." Sometime in the first week of June 2005, Lolita "Migrant Workers and Overseas Filipinos Act of 1995" and SENTENCES each of said
borrowed ₱1,000.00 from Ronnie because she wanted to go to Malaysia to work as a guest accused:
relation officer (GRO). Ronnie lent her ₱1,000.00. He told her that he knows "a certain Hadja
Jarma Lalli, distant neighbor, who frequents to Malaysia and with whom she can ask pertinent 1. In Criminal Case No. 21908, to suffer the penalty of LIFE IMPRISONMENT and to
information on job opportunities." The entries in Philippine Passport No. MM401136 issued to pay a fine of ₱2,000,000.00 pesos;
Hadja Jarma Lalli on January 29, 2004 (Exh. "2"; "2-A" to "2-Q") showed that she traveled to
Malaysia no less than nine (9) times within the period from March 2004 to June 2005.
2. In Criminal Case No. 21930, to suffer the penalty of LIFE IMPRISONMENT and to
pay a fine of ₱500,000.00 pesos;
xxx
3. To pay the offended party Lolita Plando y Sagadsad, jointly and severally, the sum
Nora Mae Adling, ticketing clerk of Aleson Shipping Lines, owner of the vessel M/V Mary Joy of ₱50,000.00 as moral damages, and ₱50,000.00 as exemplary damages; and
2 plying Zamboanga City to Sandakan, Malaysia route and of M/V Kristel Jane 3, testified that
Hadja Jarma Lalli bought passenger tickets for her travel to Sandakan, not only for herself but
4. To pay the costs.
also for other women passengers.
SO ORDERED.5
xxx
The trial court did not find credible the denials of the accused-appellants over the candid,
Ronnie Aringoy submitted the Affidavit of his witness Rachel Cañete (Exh. "2") and the Joint
positive and convincing testimony of complainant Lolita Plando (Lolita). The accused, likewise,
Affidavits of witnesses Mercedita Salazar and Estrella Galgan. Rachel Canete declared that
tried to prove that Lolita was a Guest Relations Officer (GRO) in the Philippines with four
Lolita Plando whom she knows as Cristine Plando worked as a GRO (guest relation officer)
children fathered by four different men. However, the trial court found these allegations
and massage attendant at Magic 2 Videoke and Massage Parlor, that Lolita Plando has four
irrelevant and immaterial to the criminal prosecution. These circumstances, even if true, would
children sired by different men; and that she knows for a fact that Lolita Plando has been going
not exempt or mitigate the criminal liability of the accused. The trial court found that the
to and from Malaysia to work in bars. When she testified in court, Rachel did not present other
accused, without a POEA license, conspired in recruiting Lolita and trafficking her as a
evidence to substantiate her allegations. Mercedita Salazar and Estrella Galgan declared in
prostitute, resulting in crimes committed by a syndicate.6 The trial court did not pronounce the
their Joint Affidavit that Lolita Plando who is known to them as Marife Plando was their co-
liability of accused-at-large Nestor Relampagos (Relampagos) because jurisdiction was not
worker as massage attendant and GRO (guest relation officer) at Magic 2 Massage Parlor and
acquired over his person.
Karaoke bar where she used the names Gina Plando and Cristine Plando. She worked in the
said establishment for nine months from February to October 2002. She has four children from
four different men. No other evidence was submitted in court to prove their assertions.4 The Decision of the Court of Appeals
On 26 February 2010, the Court of Appeals affirmed in toto the RTC Decision and found
accused-appellants guilty beyond reasonable doubt of the crimes of Illegal Recruitment and
Trafficking in Persons.
The Issue
The only issue in this case is whether the Court of Appeals committed a reversible error in
affirming in toto the RTC Decision.
The Ruling of this Court
We dismiss the appeal for lack of merit.
We modify and increase the payment of damages in the crime of Trafficking in Persons from
₱50,000 to ₱500,000 for moral damages and ₱50,000 to ₱100,000 for exemplary damages.
Grounds for Appeal
In his Appeal Brief,7 Ronnie Aringoy (Aringoy) admits that he referred Lolita to a certain Hadja
Jarma Lalli (Lalli), Aringoy’s neighbor who frequents Malaysia and from whom Lolita could ask
pertinent information on job opportunities.8 Aringoy claims that he learned later that Lolita left
for Malaysia.9 He denies knowing Relampagos to whom Lolita paid ₱28,000 as placement fee
for finding her work in Malaysia.10
Aringoy presented three witnesses: his niece Rachel Aringoy Cañete (Rachel), Mercedita
Salazar (Mercedita), and Estrella Galgan (Estrella). In her testimony, Rachel declared that: (1)
Lolita is a GRO and Massage Attendant at Magic 2 Videoke and Massage Parlor; (2) Lolita
has four children sired by different men; and (3) Lolita has been travelling to Malaysia to work
in bars. Mercedita and Estrella, on the other hand, declared in their testimonies that Lolita was
their co-worker as Massage Attendant and GRO in Magic 2 Massage Parlor and Karaoke Bar
from February to October 2002.11
Aringoy assailed the credibility of Lolita’s testimony because of inconsistencies with regard to:
(1) Lolita’s grandfather’s status and name; (2) the persons (Ronnie and Rachel) who
approached Lolita to talk about the job opportunity in Malaysia; (3) certain statements in
Lolita’s testimony that were not alleged in her Sworn Statement; (4) payment of placement fee
of ₱ 28,000; and (5) names of the other female recruits who were with Lolita in the boat going
to Sandakan and Kota Kinabalu.12 Aringoy likewise claims that he was never included in the
initial complaint filed by Lolita, and Lolita’s statements about her meetings with him, Lalli and
Relampagos on 3, 4, 5 and 6 June 2005 were not corroborated by any witness.13
On the other hand, in her Appeal Brief,14 Lalli claims that she simply met Lolita on 6 June 2005
on board the ship M/V Mary Joy bound for Sandakan, Malaysia.15 Lalli denies having met Lolita
prior to their meeting on board M/V Mary Joy.16 Lalli claims she was going to Malaysia to visit
her daughter and son-in-law who was a Malaysian national.17 Lalli further claims that she only
spoke to Lolita aboard the ship for idle conversation to pass away the time.18 In this
conversation, she learned that Lolita was with a party of girls accompanied by Relampagos,
and the latter was bringing them to Malaysia to work as sales ladies.19 Lalli admits that Lolita,
Relampagos and the other girls rode in Lalli’s van in Sandakan, driven by a friend of Lalli’s
son-in-law.20 They all rode together because Relampagos talked to the van driver, requesting
if he and his party of girls could board the van and pay their fare when they reach the city
proper of Kota Kinabalu.21 Lalli boarded the van with Lolita, Relampagos and their
companions.22 Upon reaching her destination, Lalli got off the van, leaving Lolita, Relampagos
and their other companions to continue their journey towards the city proper of Kota
Kinabalu.23 After spending several days in Malaysia with her daughter and son-in-law, Lalli
went to Brunei to visit a cousin on 12 June 2005, and headed back to Malaysia on 14 June
2005.24
Lalli assails the credibility of Lolita due to inconsistencies in her testimony with regard to: (1)
Lolita not being in Southcom Village on 5 June 2005 at 6:00 p.m., as she claimed, but in
Buenavista Village; and (2) Lolita’s claim that Lalli and Relampagos on 12 June 2005 brought
the girls to Labuan, when in fact, Lalli was already in Brunei on 12 June 2005, as evidenced
by the stamp in her passport.25
Credibility of Testimonies
Both Aringoy and Lalli, in their respective Appeal Briefs, assail the testimony of Lolita due to
its alleged inconsistency on immaterial facts, such as the status of Lolita’s grandfather, the
name of the village she was in, the date she was brought to Labuan, Malaysia, and the like. In
a long line of cases, the Court has ruled that inconsistencies pointed out by the accused in the
testimony of prosecution witnesses relating to minor details do not destroy the credibility of
witnesses.26 On the contrary, they indicate that the witnesses were telling the truth and not
previously rehearsed.27
The clear material inconsistency in this case, however, lies in the testimonies of accused
Aringoy and Lalli. Aringoy admitted that he referred Lolita to a certain Hadja Jarma Lalli, his
neighbor who frequents Malaysia and with whom Lolita could ask pertinent information on job
opportunities.28 Lalli, on the other hand, denies having met Lolita prior to their meeting on board
M/V Mary Joy on 6 June 2005,29 and claims that her meeting with Lolita was purely
coincidental.30 Lalli admits that, even if she met Relampagos, Lolita and their companions only
on that day on board M/V Mary Joy, she allowed these people to ride with her in Malaysia
using the van driven by the friend of Lalli’s son-in-law.31 Lastly, Lalli claims that she often goes
to Malaysia to visit her daughter and son-in-law.32 However, this does not explain why Lalli
purchased boat tickets, not only for herself, but for the other women passengers going to
Malaysia.33 From March 2004 to June 2005, Lalli traveled to Malaysia no less than nine (9)
times.34 Nora Mae Adling, ticketing clerk of Aleson Shipping Lines, owner of the vessel M/V
Mary Joy 2 plying Zamboanga City to Sandakan, Malaysia route and of M/V Kristel Jane 3,
testified in open court that "Hadja Jarma Lalli bought passenger tickets for her travel to
Sandakan, not only for herself but also for other women passengers."35 Clearly, it is not Lolita’s
testimony that is materially inconsistent, but the testimonies of Lalli and Aringoy.
Aringoy presented his witnesses Rachel, Mercedita and Estrella to impeach the credibility of
Lolita by alleging that Lolita was a Massage Attendant and GRO in a massage parlor and
videoke bar. His witness Rachel further declared that Lolita, at the young age of 23 years,
already had four children sired by four different men, and had been previously travelling to
Malaysia to work in bars. These bare allegations were not supported by any other evidence.
Assuming, for the sake of argument, that Lolita previously worked in a Karaoke Bar and
Massage Parlor and that she had four children from different men, such facts cannot constitute
exempting or mitigating circumstances to relieve the accused from their criminal liabilities. It
does not change the fact that the accused recruited Lolita to work in Malaysia without the
requisite POEA license, thus constituting the crime of illegal recruitment. Worse, the accused
deceived her by saying that her work in Malaysia would be as restaurant entertainer, when in
fact, Lolita would be working as a prostitute, thus, constituting the crime of trafficking.
The facts found by the trial court, as affirmed in toto by the Court of Appeals, are, as a general
rule, conclusive upon this Court, in the absence of any showing of grave abuse of
discretion.36 The Court, however, may determine the factual milieu of cases or controversies
under specific circumstances, such as:
(1) when the inference made is manifestly mistaken, absurd or impossible;
(2) when there is a grave abuse of discretion;
(3) when the finding is grounded entirely on speculations, surmises or
conjectures;
(4) when the judgment of the Court of Appeals is based on misapprehension
of facts;
(5) when the findings of fact are conflicting;
(6) when the Court of Appeals, in making its findings, went beyond the
issues of the case and the same is contrary to the admissions of both
appellant and appellee;
(7) when the findings of the Court of Appeals are contrary to those of the
trial court;
(8) when the findings of fact are conclusions without citation of specific
evidence on which they are based;
(9) when the Court of Appeals manifestly overlooked certain relevant facts
not disputed by the parties and which, if properly considered, would
justify a different conclusion; and
(10) when the findings of fact of the Court of Appeals are premised on the
absence of evidence and are contradicted by the evidence on record.37
In this case, none of these exceptions to the general rule on conclusiveness of facts are
applicable. The Court gives weight and respect to the trial court’s findings in criminal
prosecution because the latter is in a better position to decide the question, having heard the
witnesses in person and observed their deportment and manner of testifying during the
trial.38 For this reason, the Court adopts the findings of fact of the trial court, as affirmed in
toto by the Court of Appeals, there being no grave abuse of discretion on the part of the lower
courts.
Criminal Case No. 21930 (Illegal Recruitment)
Section 6 of Republic Act No. 8042 (RA 8042) defines illegal recruitment, as follows:
[I]llegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting,
utilizing, hiring, or procuring workers and includes referring, contact services, promising or
advertising for employment abroad, whether for profit or not, when undertaken by a non-
licensee or non-holder of authority contemplated under Article 13(f) of Presidential Decree
No. 442, as amended, otherwise known as the Labor Code of the Philippines.
xxx
Illegal recruitment when committed by a syndicate or in large scale shall be considered an
offense involving economic sabotage.
xxx
Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or
more persons conspiring or confederating with one another. (Emphasis supplied)
Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as the Labor Code
of the Philippines, defines "authority" as follows:
"Authority" means a document issued by the Department of Labor authorizing a person or
association to engage in recruitment and placement activities as a private recruitment entity.
Section 7 of RA 8042 provides for the penalty of illegal recruitment committed by a syndicate
(which constitutes economic sabotage), as follows:
(b) The penalty of life imprisonment and a fine of not less than Five hundred thousand pesos
(₱500,000.00) nor more than One million pesos (₱1,000,000.00) shall be imposed if illegal
recruitment constitutes economic sabotage as defined therein.
It is clear that a person or entity engaged in recruitment and placement activities without the
requisite authority from the Department of Labor and Employment (DOLE), whether for profit
or not, is engaged in illegal recruitment.39 The Philippine Overseas Employment Administration
(POEA), an agency under DOLE created by Executive Order No. 797 to take over the duties
of the Overseas Employment Development Board, issues the authority to recruit under the
Labor Code. The commission of illegal recruitment by three or more persons conspiring or
confederating with one another is deemed committed by a syndicate and constitutes economic
sabotage,40 for which the penalty of life imprisonment and a fine of not less than ₱ 500,000 but
not more than ₱ 1,000,000 shall be imposed.41
The penalties in Section 7 of RA 8042 have already been amended by Section 6 of Republic
Act No. 10022, and have been increased to a fine of not less than ₱ 2,000,000 but not more
than ₱ 5,000,000. However, since the crime was committed in 2005, we shall apply the
penalties in the old law, RA 8042.
In People v. Gallo,42 the Court enumerated the elements of syndicated illegal recruitment, to
wit:
1. the offender undertakes either any activity within the meaning of "recruitment and
placement" defined under Article 13(b), or any of the prohibited practices enumerated
under Art. 34 of the Labor Code;
2. he has no valid license or authority required by law to enable one to lawfully engage
in recruitment and placement of workers; and
3. the illegal recruitment is committed by a group of three (3) or more persons
conspiring or confederating with one another.43
Article 13(b) of the Labor Code of the Philippines defines recruitment and placement as "any
act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers,
and includes referrals, contract services, promising or advertising for employment, locally or
abroad, whether for profit or not, provided, that any person or entity which, in any manner,
offers or promises for a fee, employment to two or more persons shall be deemed engaged in
recruitment and placement."
Clearly, given the broad definition of recruitment and placement, even the mere act of referring
someone for placement abroad can be considered recruitment. Such act of referral, in
connivance with someone without the requisite authority or POEA license, constitutes illegal
recruitment. In its simplest terms, illegal recruitment is committed by persons who, without
authority from the government, give the impression that they have the power to send workers
abroad for employment purposes.44
In this case, the trial court, as affirmed by the appellate court, found Lalli, Aringoy and
Relampagos to have conspired and confederated with one another to recruit and place Lolita
for work in Malaysia, without a POEA license. The three elements of syndicated illegal
recruitment are present in this case, in particular: (1) the accused have no valid license or
authority required by law to enable them to lawfully engage in the recruitment and placement
of workers; (2) the accused engaged in this activity of recruitment and placement by actually
recruiting, deploying and transporting Lolita to Malaysia; and (3) illegal recruitment was
committed by three persons (Aringoy, Lalli and Relampagos), conspiring and confederating
with one another.
Aringoy claims and admits that he only referred Lolita to Lalli for job opportunities to Malaysia.
Such act of referring, whether for profit or not, in connivance with someone without a POEA
license, is already considered illegal recruitment, given the broad definition of recruitment and
placement in the Labor Code.
Lalli, on the other hand, completely denies any involvement in the recruitment and placement
of Lolita to Malaysia, and claims she only met Lolita for the first time by coincidence on board
the ship M/V Mary Joy. Lalli’s denial does not deserve credence because it completely conflicts
with the testimony of Aringoy who claims he referred Lolita to Lalli who had knowledge of the
job opportunities in Malaysia.
The conflicting testimonies of Lalli and Aringoy on material facts give doubt to the truth and
veracity of their stories, and strengthens the credibility of the testimony of Lolita, despite
allegations of irrelevant inconsistencies.
No improper motive could be imputed to Lolita to show that she would falsely testify against
the accused. The absence of evidence as to an improper motive entitles Lolita’s testimony to
full faith and credit.45
Aringoy claims that no conspiracy existed in illegal recruitment, as he denies even knowing
Relampagos, who is currently at-large. Lalli denies any involvement in the illegal recruitment,
and claims that she only met Relampagos through Lolita on board the ship M/V Mary Joy on
6 June 2005, and learned that Relampagos was bringing Lolita and their other girl companions
to Malaysia to work as sales ladies.
Under Article 8 of the Revised Penal Code, there is conspiracy "when two or more persons
come to an agreement concerning the commission of a felony and decide to commit it."
In People v. Lago,46 the Court discussed conspiracy in this wise:
The elements of conspiracy are the following: (1) two or more persons came to an agreement,
(2) the agreement concerned the commission of a felony, and (3) the execution of the felony
was decided upon. Proof of the conspiracy need not be based on direct evidence, because it
may be inferred from the parties’ conduct indicating a common understanding among
themselves with respect to the commission of the crime. Neither is it necessary to show that
two or more persons met together and entered into an explicit agreement setting out the details
of an unlawful scheme or objective to be carried out. The conspiracy may be deduced from
the mode or manner in which the crime was perpetrated; it may also be inferred from the acts
of the accused evincing a joint or common purpose and design, concerted action and
community of interest. 47
In this case, Lolita would not have been able to go to Malaysia if not for the concerted efforts
of Aringoy, Lalli and Relampagos. First, it was Aringoy who knew Lolita, since Aringoy was a
neighbor of Lolita’s grandfather. It was Aringoy who referred Lolita to Lalli, a fact clearly
admitted by Aringoy. Second, Lolita would not have been able to go to Malaysia if Lalli had not
purchased Lolita’s boat ticket to Malaysia. This fact can be deduced from the testimony of
Nora Mae Adling (Nora), ticketing clerk of Aleson Shipping Lines, owner of the vessel M/V
Mary Joy 2 plying Zamboanga City to Sandakan, Malaysia route and of M/V Kristel Jane 3.
Nora testified in open court that "Hadja Jarma Lalli bought passenger tickets for her travel to
Sandakan, not only for herself but also for other women passengers." Lalli’s claim that she
only goes to Malaysia to visit her daughter and son-in-law does not explain the fact why she
bought the boat tickets of the other women passengers going to Malaysia. In fact, it appears
strange that Lalli visited Malaysia nine (9) times in a span of one year and three months (March
2004 to June 2005) just to visit her daughter and son-in-law. In Malaysia, it was Relampagos
who introduced Lolita and her companions to a Chinese Malay called "Boss" as their first
employer. When Lolita and her companions went back to the hotel to tell Relampagos and Lalli
that they did not want to work as prostitutes, Relampagos brought Lolita and the girls on board
a van to Sangawan China Labuan, where they stayed in a room for one night. The next day,
they were picked up by a van and brought to Pipen Club, where Lolita and her companions
worked as prostitutes. To date, accused Relampagos is at large and has not been brought
under the jurisdiction of the courts for his crimes.
Flight in criminal law is the evading of the course of justice by voluntarily withdrawing oneself
in order to avoid arrest or detention or the institution or continuance of criminal
proceedings.48 The unexplained flight of an accused person may as a general rule be taken
into consideration as evidence having a tendency to establish his guilt.49 Clearly, in this case,
the flight of accused Relampagos, who is still at-large, shows an indication of guilt in the crimes
he has been charged.
It is clear that through the concerted efforts of Aringoy, Lalli and Relampagos, Lolita was
recruited and deployed to Malaysia to work as a prostitute. Such conspiracy among Aringoy,
Lalli and Relampagos could be deduced from the manner in which the crime was perpetrated
– each of the accused played a pivotal role in perpetrating the crime of illegal recruitment, and
evinced a joint common purpose and design, concerted action and community of interest.
For these reasons, this Court affirms the CA Decision, affirming the RTC Decision, declaring
accused Ronnie Aringoy y Masion and Hadja Jarma Lalli y Purih guilty beyond reasonable
doubt of the crime of illegal recruitment committed by a syndicate in Criminal Case No. 21930,
with a penalty of life imprisonment and a fine of ₱ 500,000 imposed on each of the accused.
Criminal Case No. 21908 (Trafficking in Persons)
Section 3(a) of Republic Act No. 9208 (RA 9208), otherwise known as the Anti-Trafficking in
Persons Act of 2003, defines Trafficking in Persons, as follows:
Trafficking in Persons – refers to the recruitment, transportation, transfer or harboring, or
receipt of persons with or without the victim’s consent or knowledge, within or across
national borders 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 for the purpose of exploitation which includes at a
minimum, 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. x x x (Emphasis
supplied)
Section 4 of RA 9208 enumerates the prohibited acts of Trafficking in Persons, one of which
is:
(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.
The crime of Trafficking in Persons is qualified when committed by a syndicate, as provided in
Section 6(c) of RA 9208:
(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 a group.
Section 10(c) of RA 9208 provides for the penalty of qualified trafficking:
(c) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of
life imprisonment and a fine of not less than Two million pesos (₱2,000,000.00) but not more
than Five million pesos (₱5,000,000.00).
The Anti-Trafficking in Persons Act is a new law passed last 26 May 2003, designed to
criminalize the act of trafficking in persons for prostitution, sexual exploitation, foced labor and
slavery, among others.
In this case, Aringoy claims that he cannot be convicted of the crime of Trafficking in Persons
because he was not part of the group that transported Lolita from the Philippines to Malaysia
on board the ship M/V Mary Joy. In addition, he presented his niece, Rachel, as witness to
testify that Lolita had been travelling to Malaysia to work in bars. On the other hand, Lalli denies
any involvement in the recruitment and trafficking of Lolita, claiming she only met Lolita for the
first time on board M/V Mary Joy going to Malaysia.
The testimony of Aringoy’s niece, Rachel, that Lolita had been travelling to Malaysia to work
in bars cannot be given credence. Lolita did not even have a passport to go to Malaysia and
had to use her sister’s passport when Aringoy, Lalli and Relampagos first recruited her. It is
questionable how she could have been travelling to Malaysia previously without a passport,
as Rachel claims. Moreover, even if it is true that Lolita had been travelling to Malaysia to work
in bars, the crime of Trafficking in Persons can exist even with the victim’s consent or
knowledge under Section 3(a) of RA 9208.
Trafficking in Persons under Sections 3(a) and 4 of RA 9208 is not only limited to transportation
of victims, but also includes the act of recruitment of victims for trafficking. In this case, since
it has been sufficiently proven beyond reasonable doubt, as discussed in Criminal Case No.
21930, that all the three accused (Aringoy, Lalli and Relampagos) conspired and confederated
with one another to illegally recruit Lolita to become a prostitute in Malaysia, it follows that they
are also guilty beyond reasonable doubt of the crime of Qualified Trafficking in Persons
committed by a syndicate under RA 9208 because the crime of recruitment for prostitution also
constitutes trafficking.
When an act or acts violate two or more different laws and constitute two different offenses, a
prosecution under one will not bar a prosecution under the other.50 The constitutional right
against double jeopardy only applies to risk of punishment twice for the same offense, or for
an act punished by a law and an ordinance.51 The prohibition on double jeopardy does not
apply to an act or series of acts constituting different offenses.
DAMAGES
Lolita claimed actual damages of ₱ 28,000, which she allegedly paid to the accused as
placement fee for the work of restaurant entertainer in Malaysia. The trial court did not award
this amount to Lolita. We agree and affirm the trial court’s non-award due to Lolita’s
inconsistent statements on the payment of placement fee. In her sworn statement, Lolita
alleged that she paid ₱ 28,000 as placement fee to Lalli.52 On cross-examination, however,
she admitted that she never paid ₱ 28,000 to the accused.53
We, however, modify and increase the payment of damages in the crime of Trafficking in
Persons from ₱ 50,000 to ₱ 500,000 as moral damages and ₱ 50,000 to ₱ 100,000 as
exemplary damages.
The Civil Code describes moral damages in Article 2217:
Art. 2217. Moral damages include physical suffering, mental anguish, fright, serious anxiety,
besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury.
Though incapable of pecuniary computation, moral damages may be recovered if they are the
proximate result of the defendant’s wrongful act for omission. 1avvphi1
Exemplary damages, on the other hand, are awarded in addition to the payment of moral
damages, by way of example or correction for the public good, as stated in the Civil Code:
Art. 2229. Exemplary or corrective damages are imposed, by way of example or correction for
the public good, in addition to the moral, temperate, liquidated or compensatory damages.
Art. 2230. In criminal offenses, exemplary damages as a part of the civil liability may be
imposed when the crime was committed with one or more aggravating circumstances. Such
damages are separate and distinct from fines and shall be paid to the offended party.
The payment of ₱ 500,000 as moral damages and ₱ 100,000 as exemplary damages for the
crime of Trafficking in Persons as a Prostitute finds basis in Article 2219 of the Civil Code,
which states:
Art. 2219. Moral damages may be recovered in the following and analogous cases:
(1) A criminal offense resulting in physical injuries;
(2) Quasi-delicts causing physical injuries;
(3) Seduction, abduction, rape, or other lascivious acts;
(4) Adultery or concubinage;
(5) Illegal or arbitrary detention or arrest;
(6) Illegal search;
(7) Libel, slander or any other form of defamation;
(8) Malicious prosecution;
(9) Acts mentioned in Article 309;
(10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34, and 35.
The parents of the female seduced, abducted, raped, or abused, referred to in No. 3 of this
article, may also recover moral damages.
The spouse, descendants, ascendants, and brothers and sisters may bring the action
mentioned in No. 9 of this article, in the order named.
The criminal case of Trafficking in Persons as a Prostitute is an analogous case to the crimes
of seduction, abduction, rape, or other lascivious acts. In fact, it is worse. To be trafficked as
a prostitute without one’s consent and to be sexually violated four to five times a day by
different strangers is horrendous and atrocious. There is no doubt that Lolita experienced
physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded
feelings, moral shock, and social humiliation when she was trafficked as a prostitute in
Malaysia. Since the crime of Trafficking in Persons was aggravated, being committed by a
syndicate, the award of exemplary damages is likewise justified.
WHEREFORE, we AFFIRM the Decision of the Court of Appeals dated 26 February 2010,
affirming the Decision of the Regional Trial Court of Zamboanga City dated 29 November
2005, finding accused Lalli and Aringoy guilty beyond reasonable doubt of the crimes of Illegal
Recruitment and Trafficking in Persons committed by a syndicate, with the
following MODIFICATIONS:
1. In Criminal Case No. 21908, each of the accused is sentenced to suffer the penalty
of LIFE IMPRISONMENT and to pay a fine of ₱ 2,000,000;
2. In Criminal Case No. 21930, each of the accused is sentenced to suffer the penalty
of LIFE IMPRISONMENT and to pay a fine of ₱ 500,000;
3. Each of the accused is ordered to pay the offended party Lolita Plando y Sagadsad,
jointly and severally, the sum of ₱ 500,000 as moral damages, and ₱ 100,000 as
exemplary damages for the crime of Trafficking in Persons; and to pay the costs.
The Court cannot pronounce the liability of accused-at-large Nestor Relampagos as
jurisdiction over his person has not been acquired.
SO ORDERED.