Republic of the Philippines Second Judicial Region REGIONAL TRIAL COURT Branch 23 Roxas, lsabela PEOPLE OF THE PHILIPPINES, CRIMINAL CASE No. 23-1556 Plaintiff, : - veraus~ For: QUALIFIED TRAFFICKING, IN PERSON, JUNIOR ORDONIO ESTERON @ JUNIOR TUPAK, Accused. Keene ene eee enn “x DECISION Junior Ordonio Esteron @ Junior Tupak (Accused), siends charged with the crime of QUALIFIED TRAFFICKING IN PERSON, defined and penalized under Section 6, paragraph (a) and penalized under Section 10, paragraph (c}, Republic Act (RA} No. 9208, known as the Anti-Trafficking in Persons Act of 2003, in the Information dated February 2, 2014, its accusatory portion reads: That on or about the month of July, 2009, in the municipality of Roxas, province of isabela, Philippines, and within the jurisdiction af this Honorable Court, the said accused, did then and there, willfully, unlawfully and feloniously recruit, transport and transfer theCriminal Case No.23-1556 People v. Exteron Qualified Trafficking in Person Decision Page? person of AAA, who is a minor of 1 vears old, and BBB,” to the Esteron Beerhouse located at Brgy. Katuday, in said municipality, for the purpose of prostitution and expivitation, under the guise of being employed as Guest Relation Officers in the said beerhouse. Assisted by Atty. Geronimo |. Ventura ffl, tne Accused pleaded “not guilty’, when. arraigned in Filipino, the dialect he speaks and understands. During the pre-trial*, the parties had no stipulaticns of facts, Thereafter, a full-blown trial ensued. THE EVIDENCE As the defense had opted not to present’ any evidence, the only evidence on hand is the prosecution's consisting of the testimonies of MED MGB. giver on August 25, 2071, Special Investigator Cl Ag on September 29, 201, MMM,° on June 27,202, and AAA on June 28, 2012 and documentary evidence’, namely: AAA's Sinumpaang Salaysay® her Birth * The darcy of the trafficked persrs sali be withheld pursuaft es Section 7, PA 9262, thus, ha ix eesti bere es AA ¥ te ident ofthe trafic persons shal be witheld pura to Section 7, RA 9269 hs, she fbanitednees: 3 5BE Rollo, pages 28 and 29 Pre-Trial Onder, at 44 and 45 ¢ Onder dated December 19, 2012, af 98 © De entity oft tric porsms, or hae retires shal! be ited pursuant to Sexton 7, Ri ‘908, ths, AAA! smother is idecified hacen es MMM 7 Formal Offer of Evidence, af 86 and 87 * Exhibits A and A, af 8 and 3Crit inal Case No.23-1556 People v. Zsteron Qualified Trafficking in Person tee Certificate, ® and MMM's Sinumpaang Salaysay” teads to show that sometime in the month of July, 2009, 2 MMB veto vas born" on July 18, 1994, and one BBB, were Tecruited by an unknown person" for them to work"? at Baguio City but instead they. were brought by the ‘Said recruiter to Katuday, Roxas, Isabela, particularly at Esteron Beerhouse, owned" by the Accused and worked therein as prostitutes" and sa even brought out by a certain Oem AR who paid her P2,000 after her “services” And on July 25, 2008, AAA was rescued from the Esteron Beethouse by the elements of the National Bureau Of Investigation (we), Nagan, Isabela on July 25, 2009, whose assistance"? was 1equested by MMM,.who had earlier lodged a complaint at NBi, Manila. EVALUATION OF THE EVIDENCE As the Accused is charged with QUALIFIED TRAFFICKING IN PERSON, defined under Section 4{a} in elation to Sec. 6{a) and penalized under Sec. 10{c), COURT ° Exh, Bat 69 * Exot C and C4: at 10 amd #4 2 Ext 8 {3 Lenscrat of Stenoraphic Hotes (TSH), taken on June28, 2042, page id, al ror SM i Semor29, 2041, 9p 0 ansCrisuinal Case No.23-1556 People v. Esteron ‘Qualified Tracking ia Person jecision Paged RA 9208, the Court deems it proper to quote them. They partly provide: Sec. 4. Acts of Trafficking of Persons. — it shall be unlawiul for any person, natural ar juridical, to commit any of the following: {a} To recruit, transport, transfer, harbor, provide, or receive @ person by any means, including those done under the pretext of domestic xxx employment 1x for the purpose of prostitution; xxx , sexual exploitation, xxx 1K Sec. 6. Qualified Trafficking of Persons. ~ The following are considered as qualified tracking of persons: fa) is When the trafficked person is a child. ‘xxx (underscoring supplied), Thus, the elements of the crime charged are 4. There is recruitment, transport, harbor or receipt of persons; 2. For the purpose of prostitution oF sexual expioitation, and 3. By any means, including under the pretext of domestic employment The prosecution had ably established that AAA was recruited for domestic employment ostensibly at Baguio. City but actually transported to the Esteran Beerhouse at Katuday, Roxas, Isabela and was received by theCriminal Case No.23-1556 People v. Esteron Qualified Trafficking in Person Decision PogeS Accused, the owner of the said beerhouse where AAA. had became prostitute as Dall REMEB had even paid her P2,000.00 for her services. AAA had testified”, thus: Can you please tell us where were you Madam Witness on July 8, 20097 i was at Sitio Katuday, Roxas, (sabela, sir. Q Are you trying to tell us that you proceeded to Sitito Katuday? twas recruited, sir Q Who went with you in going to Sitio ’ Katuday, Roxas, Isabela, Madam Witness? A. BBB, sir And you said while ago that you were recruited, who recruited you, Madam Witness? A. {donot know that person, sir Q. So, you are trying to tall us that you and BBG were recruited by this person? A Yes, sir. Q. And what was the reason why you were recruited tagather with BBB? A That person told us that aur wark wil ba a waibess in Baguio but we were brought to Sitio Kaluday, Roxas, isabela, sir Q. So, you were brought here by this unnamed recruiter together with BBB, Madam Witness? A. -Yes, sir fot * TSW, June 28, 2012, pa. 6 and 7Crinainal Case No.23-1556 People v. Esteron Qualified Trafficking in Person Decision Pages Q. Were you able to amtive here in Roxas, Isabela? A. Yes, sir. And after arriving here in Roxas, tsabela, wnat did you do , if any, Madam Witness? A. worked as a prostitute, sir. She continued: Q. Who employed you as a prostitute, Madam Witness? A. Junior Esteran, sir. Q You “mentioned - “bayarang babe" What do you mean by that, Madam Witness? Selling my body,-sir @ So, you are trying to tell us that you were instructed by the accused in this case to sell yourself, Madam Witness? A. Yas, sir, Was there any instance that you engaged in prostitution, Madam Witness? There was, sir. . Q. And do you know the name of this person who aid for your services, Madam Witness? A DEER PEED, sir. 7X How much did he pay you, Madam Witness? A. Two thousand pesos (P2,000.00), sir She further testified”’, in this, manney 2 YA at Tand Lk, a9Criminal Case No.23-1556 People v. Esteron Qualified Trafficking in Person Decision. Page? Q. Where was the accused when this DM AMM engaged your services, Madam Witness? He was in the beerhouse, sit By the way who owns the bearhause, Madam Witness? Junior Esteron, sir. Why do you know that he is the owner of that beerhouse? pho > ‘A. _ Heis our employer, sir a Wry do you consider him as _ your employer, Madam Witness? He was the one who took care of us when were arrived in that besrhouse, sir Having been born only on July 18, 1994, AAA was stil a minor when she was received by the Accused, thus, the crime committed is qualified, hence the penaliy imposable is life imprisonment and fined from. P2,000,000.06 to P5,000,000.00 as provided for under Sec. 10{a} of RA 9208, which partly provides: Sec. 10. Penattios and Sanct Tre following penalties and sanctions are heresy established for “the offenses enumerated in this Act: XXX c) Any person found guilty of qualified waflicking under Section 6 shail be suffer the penalty of life imprisonment of and a ne of not less than Two million pesos (P2,000,000.00), but not more than Five million pesos (P5,000,000. eslCriminal Case No.23-1556 People v. Esteron Qualified Trafficking in Person Becision Pages WHEREFORE, as his guilt has been proven beyond reasonable of the crime of Qualified Trafficking in Person, a judgment is hereby rendered convicting accused JUNIOR ORDONIO. ESTERON @ JUNIOR TUPAK, thus, sentencing him to suffer the penalty of LIFE IMPRISONMENT and a FINE of Two million pesos (P2,000,000.00), to be remitted to the Trust Fund, pursuant to Section 20, RA No. 9206 and maintained by the Inter-Agency Council Against Trafficking, c/o the Secretary, Department of Social Welfare and Development, Manila SO ORDERED. Roxas, Isabela, January 16, 2013. BERWABE B. MENDOZA Judge A CERTIFIED TRUE COPY: RUDY PF. IGNACIG Court Legal Researcher si ‘and Acting Clerk of Court V1 Copy furnished: . OPP, Roxas, jeabels Atty. Geronimo | PAO Private complainant Accused Sialistics Div, OCA, SC Fite OR ROS