People Vs XXX and YYY
People Vs XXX and YYY
People Vs XXX and YYY
The Facts
This case stemmed from various Informations5 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:
http://www.chanrobles.com/cralaw/2018julydecisions.php?id=607 Page 1 of 17
G.R. No. 235652, July 09, 2018 - PEOPLE OF THE PHILIPPINES, Plaint…used-Appellants. : July 2018 - Philipppine Supreme Court Decisions 2/26/20, 12:20 AM
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
http://www.chanrobles.com/cralaw/2018julydecisions.php?id=607 Page 2 of 17
G.R. No. 235652, July 09, 2018 - PEOPLE OF THE PHILIPPINES, Plaint…used-Appellants. : July 2018 - Philipppine Supreme Court Decisions 2/26/20, 12:20 AM
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
http://www.chanrobles.com/cralaw/2018julydecisions.php?id=607 Page 3 of 17
G.R. No. 235652, July 09, 2018 - PEOPLE OF THE PHILIPPINES, Plaint…used-Appellants. : July 2018 - Philipppine Supreme Court Decisions 2/26/20, 12:20 AM
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
http://www.chanrobles.com/cralaw/2018julydecisions.php?id=607 Page 4 of 17
G.R. No. 235652, July 09, 2018 - PEOPLE OF THE PHILIPPINES, Plaint…used-Appellants. : July 2018 - Philipppine Supreme Court Decisions 2/26/20, 12:20 AM
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
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).
http://www.chanrobles.com/cralaw/2018julydecisions.php?id=607 Page 5 of 17
G.R. No. 235652, July 09, 2018 - PEOPLE OF THE PHILIPPINES, Plaint…used-Appellants. : July 2018 - Philipppine Supreme Court Decisions 2/26/20, 12:20 AM
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
http://www.chanrobles.com/cralaw/2018julydecisions.php?id=607 Page 6 of 17
G.R. No. 235652, July 09, 2018 - PEOPLE OF THE PHILIPPINES, Plaint…used-Appellants. : July 2018 - Philipppine Supreme Court Decisions 2/26/20, 12:20 AM
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 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
http://www.chanrobles.com/cralaw/2018julydecisions.php?id=607 Page 7 of 17
G.R. No. 235652, July 09, 2018 - PEOPLE OF THE PHILIPPINES, Plaint…used-Appellants. : July 2018 - Philipppine Supreme Court Decisions 2/26/20, 12:20 AM
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
The CA Ruling
http://www.chanrobles.com/cralaw/2018julydecisions.php?id=607 Page 8 of 17
G.R. No. 235652, July 09, 2018 - PEOPLE OF THE PHILIPPINES, Plaint…used-Appellants. : July 2018 - Philipppine Supreme Court Decisions 2/26/20, 12:20 AM
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.
http://www.chanrobles.com/cralaw/2018julydecisions.php?id=607 Page 9 of 17
G.R. No. 235652, July 09, 2018 - PEOPLE OF THE PHILIPPINES, Plaint…used-Appellants. : July 2018 - Philipppine Supreme Court Decisions 2/26/20, 12:20 AM
xxxx
xxxx
xxxx
http://www.chanrobles.com/cralaw/2018julydecisions.php?id=607 Page 10 of 17
G.R. No. 235652, July 09, 2018 - PEOPLE OF THE PHILIPPINES, Plaint…used-Appellants. : July 2018 - Philipppine Supreme Court Decisions 2/26/20, 12:20 AM
xxxx
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) 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 transaction is needed for their family's daily
sustenance.
In light of the foregoing, the Court finds no reason to deviate from the factual
findings of the trial court, as affirmed by the CA, as there is no indication that
it overlooked, misunderstood or misapplied the surrounding facts and
circumstances of the case. In fact, the trial court was in the best position to
http://www.chanrobles.com/cralaw/2018julydecisions.php?id=607 Page 11 of 17
G.R. No. 235652, July 09, 2018 - PEOPLE OF THE PHILIPPINES, Plaint…used-Appellants. : July 2018 - Philipppine Supreme Court Decisions 2/26/20, 12:20 AM
(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
http://www.chanrobles.com/cralaw/2018julydecisions.php?id=607 Page 12 of 17
G.R. No. 235652, July 09, 2018 - PEOPLE OF THE PHILIPPINES, Plaint…used-Appellants. : July 2018 - Philipppine Supreme Court Decisions 2/26/20, 12:20 AM
(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, CCC, 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; and
http://www.chanrobles.com/cralaw/2018julydecisions.php?id=607 Page 13 of 17
G.R. No. 235652, July 09, 2018 - PEOPLE OF THE PHILIPPINES, Plaint…used-Appellants. : July 2018 - Philipppine Supreme Court Decisions 2/26/20, 12:20 AM
(d)
SO ORDERED.
Endnotes:
*
The identity of the victims or any information which could establish or
compromise their identities, as well as those of their immediate family or
household members, shall be withheld pursuant to RA 7610, entitled "AN
ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL
PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND
DISCRIMINATION, AND FOR OTHER PURPOSES," approved on June
17, 1992; RA 9262, entitled "AN ACT DEFINING VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE
MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE,
AND FOR OTHER PURPOSES," approved on March 8, 2004; and Section
40 of A.M. No. 04-10-11-SC, otherwise known as the "Rule on Violence
against Women and Their Children" (November 15, 2004). (See footnote 4
in People v. Cadano, Jr., 729 Phil. 576, 578 [2014], citing People v.
http://www.chanrobles.com/cralaw/2018julydecisions.php?id=607 Page 14 of 17
G.R. No. 235652, July 09, 2018 - PEOPLE OF THE PHILIPPINES, Plaint…used-Appellants. : July 2018 - Philipppine Supreme Court Decisions 2/26/20, 12:20 AM
Lomaque, 710 Phil. 338, 342 [2013]. See also Amended Administrative
Circular No. 83-2015, entitled "PROTOCOLS AND PROCEDURES IN
THE PROMULGATION, PUBLICATION, AND POSTING ON THE
WEBSITES OF DECISIONS, FINAL RESOLUTIONS, AND FINAL
ORDERS USING FICTITIOUS NAMES/PERSONAL CIRCUMSTANCES,"
dated September 5, 2017.)
1
See Notice of Appeal dated September 15, 2017; rollo, p. 35-36.
2
Id. at 2-34. Penned by Associate Justice Ramon A. Cruz with Associate
Justices Ricardo R. Rosario and Pablito A. Perez concurring.
3
CA rollo at 56-79. Penned by Judge Teodoro N. Solis.
4
Entitled "AN ACT TO INSTITUTE POLICIES TO ELIMINATE
TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN,
ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS
FOR THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS,
PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER
PURPOSES," approved on May 26, 2003.
6
Id. at 3-4.
7
Id. at 4-5.
8
Id. at 5-6.
http://www.chanrobles.com/cralaw/2018julydecisions.php?id=607 Page 15 of 17
G.R. No. 235652, July 09, 2018 - PEOPLE OF THE PHILIPPINES, Plaint…used-Appellants. : July 2018 - Philipppine Supreme Court Decisions 2/26/20, 12:20 AM
9 Id. at 11-12.
10
See id. at 12-14. See also Appellee's Brief dated May 9, 2017; CA rollo,
pp. 111-113.
12
See id. at 15-16. See also CA rollo, p. 48.
13
CA rollo, pp. 56-79.
14
Id. at 79.
15
Aside from violation of RA 9208, they were also charged for violations
of RA 7610, entitled "AN ACT PROVIDING FOR STRONGER
DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION, AND FOR OTHER
PURPOSES," otherwise known as the "SPECIAL PROTECTION OF
CHILDREN AGAINST ABUSE, EXPLOITATION AND
DISCRIMINATION ACT," approved on June 17, 1992 and RA 9775,
entitled "AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY,
PRESCRIBING PENALTIES THEREFOR AND FOR OTHER
PURPOSES," otherwise known as the "ANTI-CHILD PORNOGRAPHY
ACT OF 2009," approved on November 17, 2009.
17
See id. at 67-76.
18
See Brief for the Accused-Appellants dated December 15, 2016; id. at
http://www.chanrobles.com/cralaw/2018julydecisions.php?id=607 Page 16 of 17
G.R. No. 235652, July 09, 2018 - PEOPLE OF THE PHILIPPINES, Plaint…used-Appellants. : July 2018 - Philipppine Supreme Court Decisions 2/26/20, 12:20 AM
37-54.
19
Rollo, pp. 2-34.
20
See id. at 31.
21A reading of the Information in Criminal Case No. 24608-B would show
that YYY was not included as an accused, as it only listed XXX and a
certain John Doe as the accused. (See id. at 11-12.)
22
Id. at 19-30.
23
See Notice of Appeal dated September 15, 2017; id. at 35-36.
24
See Peralta v. People, G.R. No. 221991, August 30, 2017, citing People
v. Matibag, 757 Phil. 286, 293 (2015).
25
See People v. Hirang, G.R. No. 223528, January 11, 2017.
26
See People v. Jugueta, G.R. No. 202124, April 5, 2016, 788 SCRA 331,
338.
http://www.chanrobles.com/cralaw/2018julydecisions.php?id=607 Page 17 of 17