serie PPLE FOUMBAT ION pee nO, 3 4082 SShaNRE dae REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION BRANCH 48, MANILA PEOPLE OF THE PHILIPPINES, Plaintiff, ~versus- . CRIM, CASE NO. 06-242304 ure. (ALO Y ANUNSENCIO. Alias “Cito”, ° Accused.” DECISION Accused Lito Manalo y Anunsencio alias “Lito” resident of Lourdes, Northwestern Elem, School, Angeles City is charged in the above case for Violation of Sec. 4(a), in Rel. to Sec. 6(a), Republic Act No, 9208 which charged is embodied in an INFORMATION committed to wit: ~That on or about February 9, 2006 in the City of manilo, Philippines, the said accused, did then and there , unlawfully and knowingly, for purposes of prpstitution or sexual axploitation, recruit and transport to Manila via the vessel MAY SUPERFERRY 17 of tha WGRA [is eesermanere wp Superferry Travel and Lewure, Inc., Al ‘Y Te, 2 minor, 14 years old, under the oreeent of providing her domestic employment, particularly .38, an Entertainer, in violation of said Section 4(a), in Re tion: to, Section 6(a) of Republic Act No. 9208. Contrary to law.” ‘The accused waa arraigned on May 30, 2006 and with the able assistante of’ counsel Atty. Marfon Buan he entered a plea of not guity. For failure of the private complainant Aug Mamma Matam and witness Jame Mem to appear on the scheduled pre-trial conference the Court ordered the termination of the pre-trial conference. saeFee 2 UTSAYNRL FORUM FOUNDA 108 Fee: NO. Grim. Care No. 06-242304 . vs. Lito Manate Decision Page = ‘(on May 26, 2007 hearing, the attending Public Prosecutor informed the Court that the accused managed to escape from detention at North Harbor using a forged release order allegedly issued by Hon. Auguste T. Gutierrez then Parring Judge of this Court, thus & warrant of arrest was issued against him. Due to the escaping of the accused, trial in absentia ensued in the above case. FACTS Eyideare for the STATE P/Taspector SSNPS. Lamm testified: On February 9, 2006 his rank was still PO3; He got promoted by virtue of lateral promotion he being 2 licensed criminotogist; On February 9, 2006 he was an investigator of the Maritime group as sea marshall; He interviewed the rhinor victim and reduced her statement in wnting; He has been an investigator of minar victims for twelve (12) years; He knows the victirh and she was brought to his Office by the arresting officers because her parents complained at the DSWD in Ilo#o; The arresting social worker informed him that victim Ags MasgammNh was on board 2 veasel that left for Manila together with the accused from Iloilo; The victim was accempanied by arresting officer POS CQMEMEED False of the Philippine Coastguard Ret: Com, Samm Cutie and (emp Rema AGHWNFB, Victim's mother filed a complaint in Iloilo and the DSWD coordinated with the DSWD and the Visayan Forum; The victim was also accompanied by Social Worker of the Visayan Forum Sharon Nakigo; The victim told him that she was itegatly recruited that is why she is filing a complaint; That the accused promised her a good job here in Mantia with the salary of P1,S00.00 in night club in Metro Manda; When he investigated the victim the accused was in the g office; He identified the sworn statement of the victim datad Fabruary 9, 2006 (Exh. C);ee Cian. Cage No. 06-242204 P. ve Litp Mando Decision 3 On cross he testified: He stated that he has no personal knowledge of the incident. POS Fetus BERN testified: He was employed with the Phifippine Coast Guard, On February 8, 2006, he reported for work ax earn leader of the Task Foree Duty Sea Marshall at Superferry 17; The duty of the Task Force i to look after the safety of the passengers; ‘That on said date February 8, 2006, his tRam wae at Superferry 17 which came from Hoo bound to Manila; That his TEAM received a call from Pert State Control Manila regarding Lito Manalo an itegat recruiter involving a minor named Ags Mamma Mame y ‘Tesimaim; Upon receipt of the call, they located the minor for 24 hours; they found the minor tying and steeping. He woke up the minor and interviewed her; The minor identified herself 25 fess Mh MeN Y Tem and her companion is accused Lito Manalo; They fcoked for Lito Manalo and presented him to the minor victim and the latter identified and pointed at Manalo; He invited Lito Manalo to the office; He interviewed the victim for an hour. At first the minor victim made denial but later on she identified the accused as her recruiter; And when the Superferry reached Manila, they together with the minor and the accused proceed to the Port State Central Office; He identified his sworn statement (Exh. D}; He stated on cross: That the minor and the accused were sepatated from each other in the Superferry about ten (10) meters apart; ‘The accused has three (3) women companions at the time; At the time he talked with the minor victim; She didnt complaint against Lito Manaio.Crim. Case No. 06-242304 B. ve Lito Manalo Decision Page -4 x ‘On re-direct, the victim told him that Lito Manato brought her to Manila to look for a job and she agreed; The accused even told the victim that she will be brought in Cebu to earn a living. SEE. MEME NENNBD testified: On February 9, 2006, she was émployed with the Visayan Forum Foundation tasked of handling cases involving trafficking of children; As a Social Worker she is tasked of care management of alleged minor women victims of child trafficking; She worked as a social worker at the Visayan forum Foundation; That referral from other agencies are received by their office regarding minor victims of tafficking; The Visayan Forum Foundation is a licensed agency of the DSWD to handle cases of child trafficking; She reported for duty on February 9, 2006 and they received a fax message/call from DSWD, Iloilo to assist M@UIm Madi ‘She managed the case of Maggie Matam She went to the coastguard office in Parola; She saw Magwimin said office crying and in the state of confusion; She introduced herself ta Magpie as a Social Worker of the Visayan Forum; She observed that the victim was afraid and confused of what to do; The victim told her that she was afraid of Mommy Rose her companion in the Super Ferry; That Mommy Rose was referred as the accused Lito Manalo. She saw the accused at the Coastguard office. The victim told her that the accused is a gay; She described the accused with fong hair and observed he is a gay; The victim told her that the accused recruited her for a job in Manila as an entertainer and she was assured that she will just dance in the nude; ‘She was present when the victim gave her sworn statement (Exh. C); She identified Myggin's statement and her signature (Exh. C-1); She also affixed her signature in the sworn statement of the victim (Exh. €-2}; She was also present when the complaint of Magu was inquested at the Fiscal’s Office of Manila; The victim was turn over to the Visayan Forum to hand!e and manage her case; She identified Certificate of Turn Over of victim's case (Exh. £); Their office wasRon 5 \JISRIVRRL FORM FOLDS TDs FR 8. ro eRe an, @8 ZO L2E43EH PS Grinn. Case Ho, 06-242304 B. va Lite Manalo given @ PNP Report from Commission of Women and Children (Exh. +f); The mother of victim Magellrenarted her child’s case with the todo DSWO and ONP so that Mamma can he rescued in Superferry; The Vesayan Forum exercised protective custody of Mage; The Superferry submitted a certification to show that MEEEIMP I on board at the time she was rescued (Exh. G); Her employer sheltered the victim ‘at the Half Way House and subjected her to counseling; The victim stayed with the Visayan Forum for one (1) week afterwhich the victim escaped/ran away from the shelter; The escape of the victim was reported to the police (Exh. H). She testified on cross viz: She worked with the Visayan Forum for sit (6) months from Nevember 2006 to May 2007; At present she’s now working as a mizsionary in Mindoro; She handled three (3) cases when she was still working with the Visayan Forum. Jenm Tasdestee Pate testified: Victim Mauggip is her daughter who is now sixteen (16) years old; On February 8, 2006 her daughter Magmie was already fourteen (14) yaars old; She identified Mayumn’s birth certificate (Exh. A); She was at home on February 6, 2006 in Lapua, Iloito City; She learned that en February 8, 2006 her daughter Megmp boarded a ship; She learned of the boarding thru the information given by the porter to her husband; She made verification with the Superferry branch at Lapuz and she learned that her daughter Ane Memmi Maime boarded the Superferry; She reported to the police of Superferry for Booking purposes then proceeded to the Women’s and Children’s Desk to report that Mawgm boarded the Superferry; ‘That a certain NGO Vegie Advincula helped her to locate Maggie and placed her at the Visayan Forum Foundation; That she Jearned that M&ggEP was able to embark and the police took her into custody upon embarking; The Coastguard waited for Megggy at the Port; She was able to talk to hee daughter thru the phone when shewas already in the custody of the Visayan Forum; Her daughoer told her over the phone that her companion is Lito Manate; She (victim) further told her that there is a work waiting for har: That her daughter at the time was still in high school and barely fourteen (14) years old when she left; She has not seen yet her daughter since February 8, 2006; She has not conmunicated with her and she’s not aware of her present whereabouts (the witness i crying); She identified her affidavit (Exh. 8). RED CEEfine MSNENR, Jr. testified: He knows the victim: She lives in the adjacent barangay at Jatandoni Estate, Lapuz, Toile City; She saw the victim the last time when she boarded a ship (Superferry) but he cannot remember the year; He saw the victim boarded the Superferry while fixing baggages of the ship as a porter; And she was removing the rope because the ship was about to leave the port; He even told the victim saying "I think I know you” but she tried to hide her face; The Superferry finally teft then he went home; And when he saw victim's father he toi him “Paul your daughter boarded the Superferry ship"; Victim's father said “thank you because I was already teoking for her almost a weak”. ISSUE Whether or not the accused can be convicted for the offense charged? ‘The evidence of the prosecution tends to establish that on February 9, 2006 minor Agm Mumma Mam y Tamimajin was recruited by accused Lito A, Manato alias “Lito” to work in Manila as an entertainer and she will be dancing in the nude. Thus, the victim and the accused boarded the Superferry 17 on their way to Manila. And when the victim's parents knew that their daughter was on board theCTE nes cup Crim. Case No. 06-242304 P. vq Lito Monalo Decision 4 Page ~7 Kane | Superferry withaut their consent, victim's mother reported to the potice of the Superferry for Beoking purposes and fodged complaint with the Women’s and Children's Desk. The Coastguard authority looked for the victim at Superferry and they found her in the company of the accused. The minor was taken into custody by the Visayan Forum an NGO attached to the DSWD. The Coastguard authorities filed a complaint against the accused, thus the instant complaint. Peace Officers namely P/inspactor Sqm Lamm and POS Flue Bauman testified on the investigation which they conducted. They found the victim on board the Superferry in the company of the accused, that the victim minor was recruited by the accused for employment as a nude dancer entertainer in Manila. Social Worker Saumm N@INYO of the Visayan Forum Foundation testified that she handled the case of the victim minor. She actualty went to the coastguard office and thereat she saw the victim crying and in the state of confusion. She gathered from the victim that her companion is the accused whom she addressed Mommy Rose (a gay) and she’s afraid of him. The victim divulged to her that she was recruited by the accused as an entertainer; She was present when Meggin gave her sworn statement to the police (Exh. C); After the inquest, the victim was tured over to her in her capacity as sacial worker of the Visayan Forum as evidenced by certification of turn over (Exh. ©); The Visayan Forum exercised protective custody to the victim to prove that the victim was a passenger of the Superferry, the latter issued a Certification that Muggle was on board the Superferry at the time of her rescue (Exh. G); The victim was sheltered at Half way House and is subjected to counselling. Magmim stayed with the Visayan Forum for one (1) week afterwhich she escaped. Her escape was reported to the Police (Exh. H). sem: “ON ats 11 UNOS T EAS IF omaFROM 1 UTSAVRH FORUM POUMBEIT Lon Fee NO. 1 sens ean6es Fare OE BOLE AZTASEN PB Crim, Case No. 06242304 P.va Lio Manalo Decision Page -8 = On the part of the accused he managed to get out of jail using @ FAKE release order allegedly issued by Presiding Judge Hon, Augusto Gutierrez (Pairing Judge) thus, the proceeding against him proceeded and he was tried in absentia. Despite the fact that he obtained his release thru fraudulent/ iNegal means the court giva the accused opportunity to defend and addute evidence in his favor. The notice sent to him indicate that he received the last notice of the court but still he opted not to appear thus the case was considered submitted for decision sans any defense evidence. ‘The evidence on hand squarely proved that the accused indeed recruited the victim for alleged employment in Mamita as an entertainer. Let it be stressed that the victim is still a minor on February 9, 2006. The interview conducted by social worker SHRM Naga incubitably established that the minor victim was recruited by the accused and the former was confused and very much afraid of the accused. The employment of fear and intimidation by the accused on the victim is shown by the display of fear, shock and confusion diepldyed by the victim when she was rescued from the Superferry by Coastguard peace officers. ‘The victim was rescued while in the company of the accused. In the final analysis the Court is well convinced that the accused recruited the minor victim named Aap Megumi Melia sans consent of her parents for a dance entertainer job in Manila. ‘The recruitment of tne victim by the accused to the mind of the court is not voluntary for the reason that when social worker N@Ia@ saw the victim she was crying, stunned, shocked and confused.FROM ULSRVAR.FLRUM.FDUNDAT IDK Fee NO, t sone esances Tan, 9 ORD AREER OS Grim. Case No. 06-242304 P. va. Lito Manele WHEREFORE, the court finds the accused in the above case guilty beyond reasonable doubt for the offense charged and pursuant to law he is sentenced to suffer prison term of eight (8) years and one (2) day as minimum to ten(10) years as maximum of prision mayor and to pay the cost. In view of the conviction of the accused, fet warrant of arrest be issued against him. SO ORDERED. Manila, December 22, 2009. stu