Even without using threat, force, or coercion, a person can be convicted of qualified human trafficking by recruiting children for sexual exploitation, the Supreme Court (SC) ruled.
With the ruling, the SC – in a decision written by Senior Associate Marvic M.V.F. Leonen – affirmed the conviction of Jhona Galeseo Villaria and Lourdes Aralar Maghirang for eight counts of qualified human trafficking.
It affirmed with modification the ruling handed down by the Court of Appeals (CA) which upheld the conviction issued by the trial court.
The dispositive portion of the SC’s decision that denied the appeal lodged by Villaria and Maghirang:
“Accordingly, the appeal is denied. The Nov. 27, 2020 Decision of the Court of Appeals in CA GR CR No. 11607 affirming with modification the May 27, 2018 Decision of the Regional Trial Court of Rizal is affirmed with modification.
“Accused appellants Jhona Galeseo Villaria and Lourdes Aralar Maghirang are found guilty beyond reasonable doubt of eight counts of qualified trafficking in persons and sentenced to suffer the penalty of life imprisonment and to pay a fine in the amount of P2 million for each count.
“In addition, accused appellants are ordered to jointly and severally pay each of the victims the amounts of P500,000 as moral damages and P100,000 as exemplary damages, both with legal interest of six percent per annum from finality of this Decision until fully paid. So ordered.”
A press briefer, the SC’s Office of the Spokesperson said the case began in 2016 when the Philippine National Police (PNP) received reports of the accused’s involvement in child trafficking.
It said that during an entrapment operation, the accused offered to provide girls aged 14 to 18 for a birthday party, charging P1,000 for three hours up to P3,000 for overnight per girl.
On the agreed date, the briefer stated that Villaria and Maghirang brought several female minors to a hotel room where undercover officers were waiting.
Villaria and Maghirang were arrested after accepting marked money from the police.
During the trial, the eight victims revealed that the accused enticed them to attend a party and perform sexual acts in exchange for money.
The press briefer stated that “trafficking occurs when individuals are recruited, transported, or transferred for exploitative purposes, including prostitution, forced labor, slavery, or the removal or sale of organs through threats or use of force, coercion, deception, abuse of power, or by offering money.”
In their appeal, Villaria and Maghirang told the SC that the prosecution failed to prove they threatened, forced, or coerced the minors into prostitution.
But it said the SC clarified that “under Section 3 (a) of the law, recruiting a child for sexual exploitation is enough to establish trafficking, regardless of whether threats, force, coercion, or deception were used.”
“Here, the accused recruited minors and offered them for sexual activities in exchange for money. They took advantage of the victims’ youth and financial struggles to gain their consent,” the briefer stated.