Republic of the Philippines 10th Judicial Region REGIONAL TRIAL COURT Branch 1, Butuan City . PEOPLE OF THE PHILIPPINES, Plaintiff, - versus - CRIM, CASE NO. 12574 For: Violation of R.A. No. 9208 CHERRY ORCULLO y CASTILLO, ROQUE MAKILANG y GANSAN aka “King” ROWENA ARCALA y GODOYO, RENNIE PANDILING y BATUCAN aka “Dodong” CHARLESBETH QUE y MENDEZ, BERNARDERICK BARBADO y PLAZA, Accused. xX. JUDGMENT In the Infortaation filed on October 10, 2007, accused Cherry Orcullo y Castillo, Roque Makilang y Gansan aka. "king", Rowena Arcala y Godoyo, Rennie Pandiling y Batucan a.k.a. “Dodong’, Charlesbeth Que y Mendez and Bernarderick Barbado y Plaza were charged of the crime of Violation of Republic Act No. 9208, otherwise known as “Anti-Trafficking in Persons Act of 2003", committed as follows: “that on October 10, 2007 or for sometime prior thereto, in Butuan City, Philippines ‘and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating together and mutually helping one another in a manner that is considered large scale and syndicated, did then ‘and there willfully, unlawfully and feloniously recruit, enlist, harbor ‘and keep the persons of minors Jam yc a3 years old), JO Pay ee ey = Samm MURy 6 years old) and Mt S@Bhy AMD (17 years old) and others, in a manner and for the purpose of prostitution and sexual exploitation, to the damage and prejudice of said complainants in such amount as may be proven in Court.” CONTRARY TO LAW: (Violation of Section 4(a) in _ relation to Sections 6(a) and Of-lq-acl®_—— @) of R.A. No, 9208). pov (442 Crim, Case No. 12574 Judgment in virtue of a Search Warrant issued by Judge Edgar G. Manilag, RTC, Branch 33 on October 10, 2007, the above-mentioned minors were rescued inside the house of accused Orcullo at Purok 10-C-2, Tambak, Lower Doongan, Butuan City. In the course of the operation, accused Orcullo, Makilang, Arcala, Pandiling and Que were apprehended on October 26, 2007, all the accused namely, Cherry C. Orcullo, Roque G.. Makilang a.k.a. “King”, Rowena G. Arcala, Rennie B. Pandiling a.k.a. “Dodong", Charlesbeth M. Que, and Bernarderick P. Barbado were committed and detained to the City Jail, Butuan City. Assisted by counsel Alty. Saidamen M. Gania of the Public Attorney's Office, accused Cherry C. Orculllo, Roque G. Makilang a.k.a. “King”, Rowena G. arcala, Rennie 8. Pendling aka. “Dodong’, Charlesbeth M. Que, and Bernarderick P, Barbado were arraigned. The Information was then read to them in the Cebu-Visayan dialect which they claimed to speak and understand, and when asked as to their respective plea, all the accused spontaneously and voluntarily pleaded not guilty to the offense as charged in the Information. At the date set for the preliminary conference, the prosecution caused to be marked Exhibits A, B, C, D, , F, G, and H the private complainants) afidavits and Birth Certificates of minors Menancilo and Pogosa with reservation to merk other documents in the course of the hearing. The defense has no documents to be marked. At the pretrial conference, the parties with their respective counsels were present and the following matters were taken up: 4) The prosecution admitted that all the accused were arrested on ‘October 10, 2007 by the NBI operatives; 2) The defense admitted as to the Identity of all the accuse in Court; , " oA: la.& Crim, Case No, 12574 Judgment . : 3) The defense “admitted that all the accused present in Court were the same persons mentioned in the Information; 4) The prosecution admitted that Cherry Oreullo has a sari-sari store; 5) The prosecution admitted that the victims were not residing in the sari-sari store. To nourish the accusation, the prosecution presented six (6) witnesses, namely, A: i. a. a. Va J JERS. PAREN. OF. REED D. CMM. ond MARR VIE ard as rebuttal witnesses, JQ C. AES ond Vi JG G. Failte First to be presented is JQ A. PYRE. She is 14 years old, an out of ‘school youth, and a resident of Bip @2 GB WEP, Butuan City. Her testimony is as follows: THAT: minor identified all the accused in the courtroom; she executed an Affidavit in relation to the instant case; before she affixed her signature, the NBI explained the contents thereof to her; she thought that she would work in a small carenderia in the City proper as what S¥gMiilip ME told; but it turn out that they were just dropped in front of D ‘Arthurs they would be accompanied to some customers; she ret a customer but it did not push through because the customer wanted three (3) rounds of sex; she went back to D’ Arthurs and found Sf M@B had a customer; together with them were the pimps, Chabby is Charlesbeth Que, Dodong is Rennie Pandiling, Upaw is Bernarderick Barbado, and lan is Rowena Arcala; at about 11:00 o'clock in the evening, M@R retuned; she and Sigjillligiust waited for customers until 12:00 o'clock in the evening; as there was no more customer, they retuned in the house of accused Orcullo in Tambak where they slept: there, she was with Siggy MOBD: Jam Mi and Si and the accused who also lived with them; they ware told by accused Cherry Orcullo and Roque Makilang to work during the night, to have a customer who paid P500.00 in exchange for sex; P150.00 goes to the pimp while the rest goes to accused Cherry Orcullo; she got nothing out of the money paid; usually, the pimps, lan, Chabby, Rennie and Upaw transact with would be customers usually in a single night, she had two or three customers; she started working with the accused since September 2, 2007 until October 10, 2007; she was told that the money be given to accused Orcullo because she own a store where they get food that they want; they were to pay for whatever they get from)o Crim, Case No. 12574 Judgment the store while in the house of accused Orcullo; it came to her mind to escape from the custody of the accused but they were warned that if they did, and they happened to pass by D’ Arthur. they would be mauled and they might go home naked; aside from telling them about this, they were also told that if they would not go to D' Arthurs every night to seek some customers, they would incur debt of P1,500.00 a day as penalty; her other companions, w—— and [SQA were also treated that way and informed of the myles; when shown of the pictures depicting two. houses, witness said that the two houses were ‘owned by accused Cherry Orcullo; however accused Cherry Orcullo and Roque Maiilang lived in the other house which is painted while she, SQ, MUSED and J and the pimps lived in the wooden house; these four (4) pimps, lan, Rennie, Chabby and Upaw were the ones active in looking for customers at D’ ‘Arthurs; aside from this, the pimps including accused Roque Makilang alias Oking, also watched and monitored them, because her mother who was looking for her sought the help of the NBI, she was rescued during the raid conducted by the NBI in the house; aside from the NBI, there were many people there including Mrs. Cambray who were there during the raid. On cross by Atty. NP CHEE C FQ. witness stated that when the NBI raided the place, she was inside the wooden house where the store was also located. The store is tended by accused Cherry Orcullo. The other house Which is just near their house is where accused Cherry Orcullo and her live-in partner Roque Makilang lived. Aside from them living in the wooden house is a pregnant woman who is also working in D' Arthurs. She was not arrested because she was about to deliver her baby. They were watching the TV together with the pimps when the NBI arrived. This SQEEB MER. also a minor victim actually told her if she wanted to work she can join them. On October 10, 2007, she was not able to go to DF Arthurs at night because it was at 4:00 o'clock in the afternoon that the NBI arrived in their place. At present, she is living with her parents with the assistant of the DSWD, and she fs back to school and lives a normal life again. a&Crim. Case No, 12574 Judgment On redirect, witness said that only Roque Makilang alias Oking who asked her for sex but she did not agree. On Court's questioning, witness answered that it was SQ Mig who recruited her and introduted her to accused Cherry Orcullo. In this instance, witness identified accused through their nicknames. SIA V@JB calls accused Cherry Orcullo as “mommy”. She has no knowledge whether ‘SEER was asked to recruit her or other girls. She was not able to escape when she learned that she will be engaged in prostitution, because there were guards, the herein pimps who watched over them. The money that she eamed from prostitution goes to accused Cherry Qrcullo, She knew this, because after they engaged with the customers, Roque Makitang alias Oking got the money then gave this to Cherry Orcullo. In the course of her testimony, she identified a copy of her Birth Certificate as Exhibit B, two (2) pictures of houses marked as Exhibits N and O. Second witness, JQMIRAC. MERRIER 13 years old, single, and a resident of f(D MEEEEIMEP, Port Poyohon, Butuan City was placed to the witness stand. The following were elicited front her, thus - THAT: she knows all the accused in this case, at this instance, she identified them individually inside the courtroom; she recalls having executed an Affidavit in relation to this case; she then identified this when shown of the Affidavit; she signed this at the NBI Office with Ma'am Cambray who explained its contents; she is a grade four pupil; she knows JU alias Danica as they are childhood friends; she knew S| ‘one of the complainant in a beach resort in Butuan City; also a good friend of JER MQ: she was able to live with - M@lP in the house of Bebing Orcullo at Doongan since September 2, 2007 until October 10, 2007; during the night, they went out to work for sex with customers who paid them; she was with SMB, JR, RES and ABB and there were others who she cannot remember their names; was there: the pimps earlier she recognized also” stayed eit AgCrim. Case No. 12574 Judgment them in the house; at eight (8) o'clock in the evening, until 5:00 o'clock or 6:00 o'clock in the morning they were required to work; of the accused, five (5) were pimps, namely, King, lan, Reneboy, Opaw and Chabeth, the nicknames of the accused; at the D’ Arthurs located at Montilla Boulevard was their waiting place, they waited for customers there; usually the pimps would transact business with the customers and: accused Cherry Orcullo watched and monitored over them; sometimes she had one or two customers, sometimes none; for the sex service, the pay is 500.00 per cust&mer; of this, not a single centavos goes to them; the pimps however get P150.00 per customer, sometimes a night, Mylene would have 5 to 6 customers, SUB 3 to 4 customers, Jil 2 to 3 customers per night; they have different numbers of customers because right after one customer they were brought back immediately to the D' Arthurs for another customer; sometimes her customer was drunk and old ones; they were usually brought in the lodging houses, Mitz Lodge, Doha Lodge and Ultimate Lodge; the pimps usually goes with them at the lodging house and after which brought them back to the D' Arthurs; one time, in the Beehive Lodge, she was asked to have a “toro-toro", (live-show) the pimp was her partner and there were police officers who would watch; (at this instance, witness pointed to accused Chabeth); after the raid conducted in the house, she was brought to the CSWD; her parents were with the NBI when the raid was conducted; it was the parents of Jolibe who reported the activity of the accused to the NBI; she was 13 years old then, being born on June 24, 1994; it was accused Charlesbeth Que alias Chabeth who usually accompanied her whenever she had customer, and also Roque Makilang and all the accused; at this instance, witness identified the pictures shown to her when she was inside the house when the NBI raided this, together with the other children and the pimps; the other house Is also owned by accused Orcullo which is located in the same street; they were Tequired to stay in the wooden house depicted in Exhibit N; the pimps guarded them in the house and they were warned not to. leave the place; she came to stay in the house of accused Cherry Orcullo when she and a friend who is from Tambak were looking for "kabebe”; while there, they saw S@g™IR M@iB taking a bath near the water pump; J@@ aka Danica was also there; they asked SMSMMIB if she's working as a sex slave which the latter denied; she and her friend walked away but Danica remained; * later, Danica. went to her house and they went back to _ who has finished taking a bath; then that time, SIN confirmed that she indeed works as a sex slave; S| whether they want to work like her, when Di “yes”, she and Danica joined SP but she coul remember when; on that day, they stayed in the house jof accused Orcullo; eccused Orcullo conducted inspection of them. after which they were allowed to stay in the house; when they flCrim. Case No. 12574 Judgment this, they did not inform their parents; they later learned that their parents were looking for them; they could not go home because they were guarded so they could not escape the place; their movements were limited to the two houses of accused Orcullo; she has no idea whether the work is noble but she knew that it is against the law; she was only 13 years old then; all of the accused guarded them including accused Cherry Orcullo; when she was in the house, accused Orcullo told her that if they will have one or two customers, she will give her cell phone and dress; accused Orcullo however did not give her any of these; however her other companions like Ogg and Mi were given; at this instance witness identified the several pictures marked as exhibite, During the course of her testimony, she identified the following: Exhibit A - Birth Certificate of = Exhibit K - Picture of JQggaminM| Exhibit L - Picture of NBI personnel; Exhibit M - the mother of the victim affixing her signature; Exhibit N - Picture depicting a house; Exhibit O - Another picture of a house; Exhibit P - Picture depicting several persons identified by the witness as: Mp, person wearing a towel wrapped around her body; J@@MB. PM person: wearing a blue blouse a denim mini skirt; Charlesbeth Que, person with no shirt; SYM, person who is covering her face; Berarderick “Opaw’, person wearing a white T-shirt; and a certain person carrying a baby; Exhibit Q - Picture of Exhibit R - Picture of, Me tito affixing her signature; Exhibit S - Picture of While affixing her signature; Exhibit T - Picture depicting severai persons identified by the witness; Exhibit U - Picture depicting three (3) girls pointing to five (5) persons; Exhibit V - Picture of Cherry Orcullo; Exhibit W - Picture of Roque Makilang; Exhibit X - Picture of Rowena Arcala; ibit Y - Picture of Rennie Pandil ExhibitZ - Picture of Bernarderick Barbado; and Exhibit AA - Picture of Charlesbeth Que. On cross examination, witness stated that she remembers having executed an Affidavit in relation to this case. It is true that in said affidevit she stated that she was found by her mother on September 17, 2007 at O° ithuis.Crim. Case No, 12574 Judgment But that her mother did not know about her work as sex worker. It was Clggy the mother of JQ PARED who reported the matter to the authorities, During her stay at the house of accused Orcullo, some of the girls like JQ VGA and S¥@iliBwere given cell phone but she was riot, She does not know the cell phone number of her mother or her father. Actually, she could not call anybody from the house because they would not allow her,to do so. Maybe, J@jiliiy can call. It is true that the husband of accused Cherry Orculle would bring her to D’ ‘Arthurs riding in a tricycle, But the driver of the tricycle Is not one of the accused. All of them will ride in the same tricycle. The restaurant, D' Arthurs will be full with customers at night, drinking, and eating. But she did not try to ask help from them. When they returned home, they slept in one house, in two rooms. But the accused would watch at them sleep. When they are in the house, they get their needs in the store, But they basically cannot see or talk to the other outside customers in the store. But when they want to talk to the customers they can but they did not attempt to do this or ask for help. Iti true that she would be paid for the sex service but the P500.00 will be received not by her. Usually the payment would be received by Kuya King, but she forgot his teal name. While in D' Arthurs, they would be situated in one of its area. The pimps, Rennie Pandiling, Rowena Arcala, Charlesbeth Que, and Bernarderick Barbado were the ones who would look for their customers inside the Testaurant. When one is found the customer will approach and select from among them. After which the one selected will go to the lodging house. She did not ask for help from the customer as she is afraid because she was threatened by the pimps that if she will escape they will kil her. When she was alrehdy inCrim. Case No. 12574 Judgment the custody of her parents neither of the accused tried to harass or threaten her. On redirect, withess when asked to clarify that she was already in the custody of her parents on, September 17, 2007 when she mentioned in the direct examination that she was at the house of accused Chetry Orcullo from September 2, to October 10, 2007, witness answered that she could not temember the dates. But when asked for how long did she stay in the house of accused Orcullo, witness answered that it was about three (3) weeks. During that time, she was made to work as a sex worker. It was the same vehicle that fetches them from the fouse to D’ Arthurs and back, She however does not know the name of the driver: All the accused accompanied them to D’ Arthurs and back to the house. The "King" that she mentioned who received the payment is Roque Makilang. At this instance, witness identified him inside the courtroom. On re-cross, witness stated that she did not report her ordeal to the police because she was afraid to do so. The driver of the vehicle that fetched them was not one of the accused. It was accused Cherry Orcullo who prepared for their food. The money received by accused Orcullo would be for payment for their purchases made from the store. What ever income they have would be recorded and whatever goods that they get from the store would be deducted from there. Third witness, VASA JQ FARBER of legal age, married, a special investigator III of the National Bureau of Investigation (BI), and a resident, of Guingona Subdivision, Butuan City took the Witness stand. His direct testimony is as follows: nat c4- R-favta neCrim. Case No. 12574 Judgment THAT: he is familiar with the instant case because he was agent to this; certain Mrs. Hip iq and P went to their office to file a complaint; Mrs. omplaint that her minor daughter was being kept and sold as prostitute by one Cherry Orcullo also known as Bebing Orcullo; thls was on October 9, 2007; after this, he and other NBI operatives conducted surveillance operation at Purok 10-C, Tambak, Lower Doongan, Butuan City; gg MQ who is a minor, also a victim and her mother accompanied them there but they were just inside the vehicle; after being apprised of the situation there, the jocation of the two houses, the minors being kept in one of the house; when the night came the minors were being sold as prostitute in D’ Arthurs at Montilia Boulevard; he also learned from JMB V@QQIBB that the customers would pay P500.00 and from that amount, the pimp get his share of P150.00 and the rest to accused Bebing Oroullo; after he gathered all the evidence, the testimonies of J — PED and the mother of J/g Mame M1 he and other NBI operatives prepared a sketch location of the ‘subject house's location; he, JAR PAM. and GAJMiB F§QEEB participated in the operation which lasted for one hour.as thegplace was easily accessible; there were several houses in the néighbothood which were built of blocks; based on the information they gathered there is a clear violation of white slavery which is in layman's term as prostitution; he applied for a search warrant and subject of whiclt is Bebing Orcullo and her cohorts; the search warrant was issued by Judge Edgar Manilag G. Manilag, RTC, Branch 33 dated October 10, 2007; he implemented the search warrant with SA soa: Fam. si Li. Si mi ‘and Social Workers Mrs. Cem Mrs. u and OW alin the media; they implemented the search warrant on October 10, 2007 and the two houses were search almost together as it is just adjacent to each other; the pictures depicting the two houses and others where already marked and these pictures were taken by Mr. Ji PEREEEM of the NBI; witness identified all the pictures, that he was present when these pictures were taken; rescued during the operation where the minors and those persons who were believed to be the pimps; she identified the minors who were engaged as prostitutes as MGR S@. JG Pe and SMR MMB: he made the return of the search warrant they implemented consisting of two pages; he too made the inventory of the property or person rescued and apprehended and Mr. Jil Pall was the custodian of the inventory; he also prepared the sworn statements of the witnesses ike, 2 Pam, Sam > S@ and J in this case; he also preparad the complaint-affidavit of Pea. and & Ay fap elaCrim. Case No. 12574 Judgment M@@EEEBB, the minors were brought to the CSWD who were accepted by Mrs. FQ Cage and Mrs. Va La In the course of his testimony, witness identified the following documents: Exhibit GG - Search Warrant issued by Hon. Edgar G. Manilag; Exhibit HH — Return of Search Warrant dated October 10, 2007; Exhibit HH-1 — second page of Search Warrant, Exhibit lt — Copy of Inventory; Exhibit JJ ~ Sworn Statement of J Pegs Exhibit KK — Sworn Statement of SQ Vip y CQQBP Exhibit LL - Swom Statement of Ma 2. gs Exhibit MM — Complaint Affidavit of Peay “Gp: Exhibit NN ~ Complaint Affidavit of Magis Vig y QaRIIND On cross examination by Atty, Rullon, witness stated that there was one search warrant issued by the Court and this was for the wooden house. The said house was described during the application of the search warrant. The search warrant was implemented to this house allegedly occupied and rented by Chery Orcule. They dd not ascertain who the owner of he sald house. The other house which is made of concrete materials as per information given belongs to Cherry Orcullo. They did not anymore verify from the Barangay Office who the owner of the said house because there was reliable Information that some Barangay Officials were protectors of the said illegal activity and were knowledgeable of the situation. They did not anymore ascertain the information because this can easily leak. The Barangay Official were not even present during the implementation of the search warrant, they were not notified. He is aware that the presence of the barangay official is required in the implementation of the search warrant more particularly in the making of the inventory or the properties and items seized. But the inventory of the items or the property seized was conducted in the presence of tr-madia representative, the CSWD personnel, and the subject persons. The wooden houge was firstVe Crim. Case No. 12574 Judgment search and there, were several women there, even a pregnant woman, the subject who was sitting and the other minor victims. There were also several guys found there. Witness identified Rennie Pandiling as one of the guys he saw when they entered the wooden house. He was unarmed that time and so with the other guys and there was no weapon seized. After the search in the wooden house, they proceeded to the second house Which is a concrete house. Since initially they do not know Bebing Orcullo, they asked the occupants of the wooden house where she is, and they pointed to the concrete house. When they went there, they founc! several women, a pregnant woman and the live-in partner of Bebing Orcullo. They immediately went inside the second house which gate was open. There was that guy on the door but he did not stop them from entering. He identified himself and asked for Bebing Orcullo. When Bebing presented herself to him as he was wearing an NBI uniform, he let her received a copy of the search warrant which she did. The girls some just finish taking their bath, some were @one and some fixing themselves were just staring at them. They were surprised of their entry there. The girls were SI» MR MED S@, JQ PM, and the other victims. in the concrete house, they found that pregnant woman, who was not included but the five-in partner of Bebing Orcullo was taken by them. After the girls pinpointed the accused as the pimps they were all arrested on the same day. ‘On Court's clarificatory questions, witness stated that all the accused were pinpointed by the girls, and who were all there during the implementation of the search warrant that day. t13- + Crim, Case No. 12574 Judgment On ctoss examination by Atty. Dabalos, witness said that the surveillance was conducted a day before the implementation of the search warrant, That was on October 9, 2007 at more or less 10:00 o'clock in the morning and in the evening some other personnel conducted intelligence gathering to validate the information. They learned that Bebing Orcullo kept the girls in those two houses. The evening surveillance confirmed that the girls were indeed there at:the area and were being sold as prostitutes. One of the victims who was with them in the car during the evening surveillance even pointed to the pimps as their companions at D’ Arthurs. They saw the girls and the pimps walking side by side, Regarding the implementation of the search warrant, he, SA EOD, S| CMD FD, Si SD VD. Si FD LED, NB! personnel ND PER and WEEE BQ proceeded to the target area at more or less 4:00 o'clock in the afternoon of October 10, 2007. Aside from them there were Ms. FQ? Cag and V@MD LUMEN of the CSWD and O€ Sq of the Tri-media Association of Caraga. They did not notify the Barangay Officials and there presence during the raid because they received information that some of the Barangay Official are protectors. and know the activities of these persons. The information came from the CSWDO personnel who have met the parents of the minor before coming to their office. He did not anymore verify the said information because their main concern that time was the plights of the victims. During the raid, when Bebing Orcullo presented herself to him, he served to her the search warrant and apprised her of her Constitutional rights. The application of the search warrant was on the wooden house as the victims were kept there and the adjacent Rouse is where Bebing Orcullo would sleep. They were told that both these houses were being of 1] aeraCrim. Case No. 12574 Judgment . occupied and rented by Bebing Orcullo, When they entered the wooden house, they asked for the whereabouts of Bebing Orcullo and the occupants there pinpointed to the concrete house. They immediately proceeded to the said house and the people who were there were as if surprised. At the wooden house, the victims pinpointed to the pimps whom they positively identified. (On redirect, witness said that their initial target was the wooden house but after questioning and being told that accused Bebing Orcullo was in the concrete house, they immediately proceeded to the said house. There he identified himself and that he is looking for Bebing Orcullo who presented herself to him, He served the search warrant on her but they only stayed in the sala, there was no search conducted in the rooms of the house. As he can remember there was nobody who strongly resisted the implementation of the search warrant nor protestation of the validity of the search. It is only now or during the hearing of the instant case that there was an objection. In tho morning of October 9, 2007, he together with victim Jae MQ, ber mother, V8 B@EBand Mr. Fall were ina tinted car and they proceeded for surveillance at Purok 10-C, Tambak, Lower Doongan, Butuan City. At approximately 8 meters away from the target area, the victim J@@BR pointed the wooden house where they were kept and the other house where Bebing COrcullo was staying. Both houses were being occupied and rented by Orcullo. During that time, at the same distance, he noticed persons inside the wooden house. The victim Jigggim told him that they were being kept there and stayed there and being guarded by the pimps. The child told him that they would just go across from the wooden house to the concrete house (motabok-tabok langCrim. Case No. 12574 Judgment dav’ sila). There weré neighbors who observed when the search was implemented but no one tried to prevent them from doing so. On re-cross by Atty. Dabalos, witness said that it was > MC who identified the two houses during the initial surveillance that the said houses were being occupied and rented by Bebing Orcullo, It was on October 9, 2007 in the morning that they made the surveillance and on October 10, 2007 in the morning they applied for search warrant. On Clarificatory questions by the Court, witness said that when they were condueting roving surveillance at Montilla Boulevard together with Jaga M@EEEM® aboard a tinted vehicle, the later suddenly ducked when they passed by two guys and one female saying that those were her companions. He did not see Bebing Orcullo that time as he did not know her and was not familiar with her face. But there purpose that time was for confirmatory that the victims were really being brought there During his testimony, witness Fa identified the following: Exhibit 00-1 —his signature in the sketch marked as Exhibit OO; Exhibit PP - Application for Search Warrant dated October 10, 2007; Exhibit PP-1 — page 2 thereof, The defense adopted the said exhibits as its own: Exhibit 2 — Application for Search Warrant dated October 10, 2007 (Exhibit PP for the prosecution) Exhibit 2-A — the rfme and signature of witness Fag, Exhibit 2-B — paragraphs 4 and 5 thereof; Exhibit 3 - Sketch (Exhibit 00); Exhibit 3-A - Location of the two houses; Exhibit 3-B - the name and signature of witness Fa Next witness Jd 8. PEM, of legal age, married, administrative aide, NBI and a resident of Purok 5, Maon, Butuan City testified as the-fourth witness. His direct testimony could be summarized in the following penner CoS 116- Crim. Case No. 12574 Judgment THAT: his work involves preparation of reports, receives incoming messages and record out-going communication in the BI office; durigg operations, he is designated as official photographer; in the implementation of the search warrant 55G- 2007 against Bebing Orcullo he one of the members of the raiding team of the NBI; he was with the team leader SI a> @ FAD, SA E@ OUD, S| DG GEE. J, Si Fa ‘and Si Gqe C. Fam. Jr, with them is Ram Cc and VE LGM of the CSWDO and O@F Sam of the Gold Star Daily; before the implementation of the search warrant, they conducted surveillance after which a briefing in the office then proceeded to the target area in Purok Tambak, Lower Doongan, Butuan City; no Barangay Officials were notified because there were rumors that some of them were protectors; at 4:00 o'clock in the afternoon of October 10, 2007 they took off to the place; there, ladies were. seen in and out of the two houses, ‘one is the wooden house and the other is a cemented house, he ‘was familiar with these houses because he was the one who took pictures of these; he took pictures in the course of the implementation of the search warrant; he also took pictures in the office before the actual implementation of the search warrant, Exhibits K, L, M, N, ©, P, and the girls found in the wooden house together with some guys during the actual raid; Exhibit Q shows victim J@l® P@@EER affixed her signature on a document; Exhibit R, showing the child affixed her signature assisted by Social Worker PQ CBB and Si i and there were many pictures denominated as Exhibits S, T, and U showing the girl affixed her signature in the document and being assisted by Social Worker Cambray and S| FMM; he was also the one who took the pictures of the accused depicted in Exhibits V, W, X, Y, Z and AA of Cherry Orcullo, Roqué Makilang, Rowena Arcala, Rennie Pandiling, Bernarderick Barbado and Charlesbeth Que; he too took the picture when Cherry Orcullo received a copy of the search warrant served to her; aside from his work as official photographer, he was also designated as the inventory officer; he took custody of the seized properties and persons in the course of the implementation of the search warrant, he identified the document he prepared as such. On cross examination by Atty, Rullon, witness stated that it was in the morning of October 9% 2007 that a surveillance was conducted and in the afternoon of October 10, 2007 was the implementation of the search warrant. in the application of the search warrant, the tivo houses were described as17- Crim. Case No. 12574 Judgment, who applied for the search warrant but he was one of those who conducted the surveillance, He just assisted the one’ who actually applied for the search warrant. He was there during the Implementation of the search on the cemented house. Th8 house is painted light blue and with fence. it has G.1. sheet roofing. It is owned by Cherry Orcullo a.k.a. Bebing Orcullo, The victims were inside the house. in the implementation of the search warrant they did not require the presence’ of Barangay officials because allegedly the latter were protectors of this illegal activity. It is only a rumor. There were no representatives from the Department of Justice. There, he saw some of the victims just taken bath and the others were already dressed. There were guys inside the wooden house like Rennie Pandiling and a certain Opaw guarding. in the cemented house there were some who are watching the TV while being guarded. He can say that the victims were guarded because there were guys standing and sitting but they are not armed, He could not mention names because it was the job of the raiding team. His job was to take pictures in the course of the’raid. He took pictures of these people who were there at the time of the raid. Some of the. accused were there in the pictures like Pandiling and the other one a certain Opaw. Rennie Pandiling was in the other house including Roque Makilang. it was Bebing Orcullo who told them that there were other ladies in the other house. It was on the same day of the implementation of the search warrant that the accused were being arrested, On cross by Atty. Dabalos, witness admitted having assisted in the application of a search warrant. It is only the Investigator who applied for a search warrant, He was present when the surveillance was conducted in the morning and in the afternoon during the preparation.of the application for the st te atGrim. Case No. 12574 Judgment search warrant. He could not recall when did the mother of the victim went to their office. When shown of Exhibit K to M pictures taken at their Office, witness admitted he was the one who took the pictures showing persons signing Affidavits. There was an interval of one day from the execution of the Affidavits and the conduct of the surveillance. After the implementation of the search warrant, the victims were brought to their office, all of them. Some of the victims were found in the wooden house and scme at the cemented house. When asked to identify the victims depicted in the photograph witness could not recall their names, On redirect, witness said that it was S! Vegi (gi) FD who ‘conducted the surveillance and he just assisted him. The surveillance was made on October 9, 2007 at Barangay Tambak, Lower Doongan, Butuan City, ‘After which they went back to the office and prepared a sketch of the area to be attached to the application for the search warrant. On recross, witness averred that it was SI! FMB who made the sketch he just assisted in making the sketch. He was also with the complainants when the surveillance was conducted. He however forgot the name of the complainant. {n the course of his testimony, the following were identified - Exhibit GG-1 - signature of Cherry Orcull it1l-4 - signature of JP; 00-1 ~ Cemented house; 00-2 —Wooden house; and Exhibit 1 - Search Warrant as common exhibit. Ath19- Crim. Case No. 12574 Judgment Fifth witness is Dr. Reg C. Ogg widow, of legal age, Medico legal Officer of the NBI, Caraga and a resident of Nasipit, Agusan del Norte. She testified in the following manner: THAT: she is testifying with regards to the medical report submitted to the Honorable Court; she is familiar with the minor children, namely, JQ Vai y CORD, VGH Sam y AG, Jam Pagmm y AG, Samm Va y Cae and one Agia OMB y OM who is 19 years old; these women were subjected to medico-genital examination as requested by the social worke* Vaqilm LIGHMR, the minors were rescued as they were victims of sexual trafficking; it was S| FER who coordinated with her; the four (4) minors were personally brought to her for examination; the other victim Jaga Ma@lil> was earlier examined through her mother; when shown of the medical certificate of J@@ MEE witness reveals that there was injury in the hymen which was seen cresentric, tall, thick with healed lacerations at 3:00 o'clock and 8:00 o'clock positions and there are no other pertinent findings; this is already a healed injury secondary to intra-vaginal penetration by a blunt object, could be a sex organ of the male person; Jurgen claims to have been sold six (6) times to different male customers; as to SS Mammy under Medico Legal Report No. CRG-MG-07- 096, witness said that the hymen is cresentric, tall, thick with old healed lacerations at 3:00 o'clock, 6:00 o'clock, 7:00 o'clock and 9:00 o'clock positions and there was no other findings; the lacerations could have been caused by intra-vaginal_ penetration by a blunt object; as to the Medico Legal Report of =_ inder no, CRG-MG-07-074 it reveals that the hymen is tall, thick with old lacerations at 6:00 o'clock and 8:00 o'clock positions; the injury could have been caused secondary to intravaginal penetration by a blunt object; as to MQ Saw with Medico Legal Report No, CRG-MG-.07-095 the ano-genital examination reveals cresentric, tall, thick with old lacerations but this time at 2:00 o'clock, 4:00 o'clock, 6:00 o'clock and 9:00 o'clock positions; the injury could have been caused by intra- vaginal penetration, by a blunt object; as to All Cag the finding in CRG-Mg-07-097 reveals that the hymen is cresentric, tall, thick with old healed lacerations at 3:00 o'clock and 9:00 o'clock positions; she has prepared preliminary reports as regards the child-victim Sq MD, i S@and J@® Pag on the genital findings; witness identified the reports; it was not she who interview the child-victim but Social Worker Veiga Liga. & avaCrim. Case No. 12574 Judgment On cross examination by Atty, Rullon, witness said that the findings of old healed laceration means that the injury was caused a month ago or more than a month. She could say that the laceration was caused by force by a penetrating blunt object. At the time she examined the children it was their own free weil to do so, and there was no hesitation on their part. During the course of her testimony, she identified the following: Exhibit F — Preliminary Report involving Stammme Vigguay C alam: Exhibit G — Preliminary Report involving Maamm Sqm y Agar Exhibit H — Preliminary Report involving JP qa y AG; Exhibit BB to BB®3 — Medico Legal Report/Medical Certificate of Jimmy Vy CUE Exhibit CC to CC-3 - Medico Legal Report/Medical Certificate of JMB Pam y At Exhibit DD to DD-3 — Medico Legal Report/Medical Certificate of May ‘Sa y Aap; and Exhibit EE to EE-3 — Medico Legal Report/Medical Certificate of SQ» May CO, On cross by Atty. Dabalos, witness disclosed that the four (4) child-victim rescued by the NBI were examined by her. The child Jp MQM was examined by her two (2) days before the rescue operations. As it looks, a normal hymen would appear uninjured, ‘there are no lacerations. But with respect to JQMMB there were healed lacerations which probably occurred a month ago or more than three (3) months old. The healing process of the injury usually occurs, there would be changes seen after one week, two, three weeks and four weeks or a month old. The laceration could be ranged according to the date of the incident, As to SQ M@B— the hymen has old healed lacerations at 3, 6, 7 and 9 o'clock positions and there were no other findings. This shows that the hymen has 4 injuries or lacerations found as in the clock positions. She cannot say that because Sharon has only 4 lacerations she -has only 4 encounters, Injury would occur only once and after the, injury it would heal, then a21- Crim. Case No. 12574 Judgment the healed injury would remain as a scar. So sometimes, the orifice or the opening of the hymen would become bigger. So in as much as future contacts would occur, it would not do another injury. {f the blunt injury would be sufficient enough to be accommodated by the hymenal orifice. When she says that the caused of the laceration is by intra-vaginal penetration by a blunt object, it maybe possible that it is a male sexual organ. And this is according to studies. With the ages of the child-victim, usually the orifice or the opening of the hymen would already accommodate a finger. So it would feel more likely to have an injury as a humati penis where it would cause a laceration The penis would be bigger than a¢finger. The finger would cause injury if the opening of the hymen is too small for the finger to be inserted as usually seen only ona child, But based on the ages of these victims which ages are from 14, 15, 16 and 17 it could not likely to sustain such injury. Six and last witness Mean MAD y CARIB. 4 years old, married, a housewife, and a resident of Purok 6, Port Poyohon, Butuan City was placed to the witness stand. The following were her testimony - THAT: minor Jem MI y CMMs her daughter, she is now 16 years ‘old; in October 007, she was yet 13 years old; she recalls in the first week on September 15, 2007 at 11:00 o'clock in the evening her daughter was not able to go home; she was informed by her younger daughter that Jefe went to see her Fas reer eoongan, she looked for her at the house of the said friend but she was told that she does not know where she was; @ friend of her told her that her daughter fondly called “Tame” was peing taken care ‘of by someone and that she can be seen in 0’ Arthurs; she went there three times between 7,00 to 8:00 o'clock in the evening for a week but she failed to see her at D’ Arthurs; she was told that at about 44:00 o'clock in the evening her daughter would be brought at D’ Arthurs; she finally found her daughter in a > Uitapidated house nearby where there were some othe’ girls gathered together; when she saw her daughter, her physical appearance had changed, she already wore’ ‘make-up; « the, dilapidated house was just across D’ Arthurs and pne.weuld entet a &ee Crim, Case'No. 12574 Judgment small pathway to reach this; her daughter felt afraid and ashamed upon seeing her; her daughter told her that she was asked to sell barbecue, jewelries, cellphones and clothings; there were plenty of them but she could not recognize; when she went there, she was with the husband of her daughter and her siblings; she only recognized Jill who Is a friend of her daughter in the group who she Was sure to be minors; she only recognized those who ran when she approached them as minors as it was dark in the area: she brought her daughter home where she was told that hor daughter wanted to go home but she could not do it because they were guarded; the mother of Ji went to her house and there told her that her daughter J§M§ did not come home for about a month already; they both went to the CSWD then to the NBI to report the matter; she executed an Affidavit in relation to this case at the NBI and’ she affirms and confirms the veracity of her statements therein; she too submitted the Birth Certificate of her daughter JQ at the NBI Office, at first her daughter did not reveal her ordeal but later narrated what happened to them at the hands of the herein accused; the mother of Jig was present when her daughter narrated what happened to her; her daughter was with the group of NBI when the surveillance was conducted at Purok 10, Tampak Lower Doongan, Butuan City; she identified herself as the woman depicted in the pictures taken at the NBI Office after the minors were rescued; there were CSWD personnel who assisted the minors in the preparation of the sworn statements; she could sense that something had happened to her daughter already when she revealed her ordeal and she felt sad upon hearing this; she noticed that her child acted differently from her usual behavior before the incident; her daughter however promised to her that she would not do it again; she was only influenced by her friends who she was fond of going with. Qn cross examination by Atty. Dabalos, witness disclosed that in 2007, her daughter J&M— was in Grade II. It took her a week after she was able to locate her missing daughter. She did not report this matter to the police because of fear. Besides when her daughter was missing, she suffered kidney iliness and got bedridden for about eight (8) months. She was not able to monitor her daughter's activities. {t was only lately that she knew that she was always out with her friends and be absent from school. There was no quarrel between her and her daughter, she was just surprised when s younger Actually daughter was the one who brought the school bag of Jil home, : ef layastaao Crim, Case No. 12574 Judgment her daughter Jig is really fond of going out with her friends. In fact, her friends usually were the ones who went to their house. After which they would go out together. Onreross by Atty. Rullon, witness said that on September 15, 2007, she saw her daughter at D' Arthurs, she however did not know yet that her daughter was involved in prostitution. She saw her daughter with some girls who when they approached, scampered including her daughter. She saw her daughter in a dilapidated house where it was dark inside’ They were all females. When her daughter saw her, she looked so afraid. When asked what was stie doing there, she did not reveal to her the real score but only when she was brought to the NBI Office. It is not true that the prostitution activity of her daughter was with her consent. She did not permit her to do it, she even gave advice to her children to do good thipgs and not bad things. In a Motion filed by Pros. Aljay ©. Go after it was discovered in the course of the trial that the surname cf child victim JI PARI was inadvertently written as Plaza, the Information was amended to read: “That on October 10, 2007 or for sometime prior thereto, in Butuan City, Philippines ‘and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating together and mutually helping one another in a manner that is considered large scale and syndicated, did then and there willfully, unlawfully and feloniously recruit, enlist, harbor and keep the persons of minors Jaga Memmaniie y Cammy (13 years old), JQ? Pémmmy AMEE (13 years old), STM MGBy y Calmptaas (16 years old) and MINN S@s y AGNP (17 years old) and others, in a manner and for the purpose of prostitution and sexual exploitation, to the damage and prejudice of said complainants in such amount as may be proven in Court.” “24- Crim, Case No. 12574 Judgment CONTRARY TO LAW: ( Violation of Section 4(a) in relation to Sections 6(a) and (0) of R.A. 9208). Thereafter, the prosecution submitted Formal Offer of Exhibits, to wit: Exhibit A - Certificate of Live Birth of Jaga Vi qammmm y . Exhibit DD and sub-markings - Medical Certificate of Mgummp Say [attached as page 1 63 of the records) same cffer as Exhibit BB; Exhibit EE and sub-markings - Medical Certificate of SO Maggy (attached as page 164 of the records}, same offer as Exhibit BB: Exhibit FF - Sworn Statement of Jy M@EMEB attached to pages 19 to 22, of the records, to corroborate the posttive oral testimony of child victim Jurgen Menancilio, among others, she was subjected to child prostitution confederately by the accused: 7 Exhibit GG - Certified True Copy of Search Warrant No. 556-2007 issued by Hon, Edgar G. Manilag of the Regional Trial Court, Branch 33, Butuan City, to corroborate the testimony Of S! Vaamie 48 AEP and NBI Employee Sap Pa that the NB! Caraga Regional Office Xill, Butuan City, that they raided the residences of accused Cherry Orcullo after an exhaustive determination of the court as to the commission of crime as charged in the Information: Exhibit GG-1 - Signature of accused Cherry Orcullo, to prove that said accused was duly issued a copy thereof at the very moment the warrant was implemented and that #he same did not elicit any opposition from the accused ‘or anyone acting in their behalves; Exhibits HH and HH-I - Certified true copy of Return of Search Warrant No. 556-2007, same offer as Exhibit GG-1 and to corroborate the testimony of S| VT) 2? Mamie and that the warrant was regularly implemented as provided for by the Rules of Court and the Bill of Rights of the 1987 Constitution: Exhibit Il - Certified true copy of inventory of Seized Property/Persons- to corroborate the testimony of NB! ail PaMMMMBWthat accused were among those arrested by virtue of. implementation of Search Warrant No, 556-2007;Crim, Case No. 12574 Judgment « Exhibit J - Sworn Statement Of Jp PqQEND y ANE, to corroborate the oral testimony of said child victim, among others, they were confederately subjected to child prostitution by the accused in this case; Exhibit KK - Sworn Statement of SH Vig y Oummgimmg, (attached as pages |! to 15 of the records) to corroborate the testimony of St Vem Jala Fqgmmmm of the NBI and the same purpose of Exhibit FF: Exhibit LL- Swom Statement of Male Sy Aggy, (same as Exhibit Ki): Exhibit MM - Complaint-affidavit of ii e——emey AMEE attached as page 23 of the records) to carroborate the testimor n witness S! Ve? Jet Femme of the NBL and MS Mamie tinat tine chit victims were confederately subjected to prostitution by the accused in this case: Exhibit NN - ComplaintAffidavit of M— Mg y Cait attached as page 24 of the records) to corroborate the oral testimony of said witness, among others, that it was of her instance and Mrs. Henini Paqaam, that the N@I applied for search warrant against accused Chery Orcullo; Exhibit OO - Certified true copy of the Sketch Map of the houses of accused Cherry Orcullo, to corroborate the oral testimony of prosecution witness S! ails JP PEN and NB! Employce JP Palm. 2mong others, that it was made part of the application for issuance of search warrant against the accused before the Regional Trial Court, Branch 33, Butuan City, based on the information given by child victim J VQ and subsequent surveillance operation conducted by S! Figg and others of the BI, Caraga Regional Office Xitl, Butuan City; + Exhibit 00-1 - the concrete house of accused Cherry Orcullo, same offer as Exhibit OO; Exhibit OO-2 - the wooden house of accused Cherry Orcullo, same offer as Exhibit OO; Exhibit 00-3 - Signature of SI Flammiage, same offer as Exhibit OO; and Exhibit PP - Application for Search Warrant dated October !0, 2007 and its sub-marking, Exhibit PP-1, same offer as Exhibit QO, Atty. ingrid Trixie E, Rutlon, counsel for the other accused, except the spouses Orcullo, filed Comments on the following exhibits: Exhibits C and GG, Search Warrant No._ 556-2007; D, HH and HH-1, the Return of Search Warrant dated October | 1, 2007, for the said Search Warrant only mentioned “inside the house of respondent Bebing Orcullo and her husband at Purok 10-C-2, Tambak, Lower Doongan, Butuan City”; it did not describe therein the place to be searched with particularity; the searched was conducted in two houses: the wooden house and a concrete house; the other persons to be searched like /qa?Pam® y AQP, Summe Vie 7 and Millie S@ y Ag were not mentioned; and that the Search wag not! even28- Crim, Case No. 12574 Judgment conducted in the presence of two witnesses of sufficient age and discretion residing in the same locgplty. Exhibit OO, the Sketch Map, for it will just further bolster the irregularity of the issuance of the search as well as the conduct of the search, Exhibits | and J, the Acknowledgment Receipt of ie Cama, Alm OM and Seem Gam for they were mentioned in the criminal information read to the accused during the arraignment. Exhibit: and its sub-markings, the pictures of some alleged victims insice the house, for the said pictures did not depict any illegal act on the art of the accused: it was not shown that the gitls/women were guarded; mere presence of male persons did not automatically mean that they were guarded; nothing was shown that they were recruited and kept for prostitution and sexual exploitation; the pictures were not dated, The Court resolved to admit Exhibits A to PP with submarkings as evidence for the purpose for which they were being offered and as part of the testimony of the witnesses. The Comments of the defense are noted. At the initial presentation of defense evidence, accused Rennie Pandiling y Batucan a.k.a. Dodong, 46 years old, single, and a resident of Mamma WHE. Lower Doongan, Butuan City, was placed to the witness stand. His testimony on direct is as follows: . THAT: there is no proof to the allegation that on October 10, 2007 or sometime prior thereto that he. allegedly recruited, enlisted, harbored, and kept the minors; there is likewise no truth to the allegation that he is one of those alleged pimps for prostitution and sexual exploitation; prior to the raid conducted by the NBI, he was watching the TV in the wooden house owned by a certain Eliza; he just went there to watch TV and there were many of them who are neighbors; this was at about 3:00 p.m. on October 10, 2007; at 4:00 p.m., of that same day, the NBI came; their entry waso sudden that they were surprised as they were armed; they immediately poked their guns towards them and were told not to move; all of them inside were asked to go out and board the vehicle; they did not explain why they were there nor inform them what to do; they were informed of their rights only when they were at the NBI Office; they did not ask why they were arrested because it happened so fast and besides. they wer dragged outside; he does not know Bebing Orcullo; the hoti where he watched the TV is a wooden house’ and‘ there. is. concrete house in Purok 10, Tambak; there were girls who, edf(afacie29. Grim, Case No, 12574 Judgment also watching the TV that time who were neighbors; he cannot mentioned any name because he is staying a liltle bit farther from the said house; he was there because he was doing some carpentry work. During the cross*examination by Pros. Go, witness stated that he was staying in that place for quite sometime for three months. During that day it was the sanie clay that he started working there. He was hited by the caretaker, Eliza to make some repairs in the house. He is staying with his brother Demme Pamtiiap at imme 5. He admits that there were pictures taken on the wooden house where they were, When shown of the picture depicting a woman clad in white towel, he said that he does not know her; to another woman holding a child, witness answered that she is a neighbor but he does not know her name until now. When shown of another picture depicting a person, witness said it is he. That the other woman in the picture, he said that he only knew her during the time he saw her, He clarified that all the persons depicted in the pictures, he only saw them for the first time that day. When shown of the girls where he referred as neighbors, (referring to the girls in Exhibit P) witness said that he only knew the girl cuddling a baby as the one living in the neighborhood ‘The other people, he does not know them. He too does not know whether they did not know each other. He admitted he knew the other co-accused in the City Jail only. When asked whether he knew the young children who were there in the wooden house, witness said that he does not know them because he Is not fond of reaming around the place as he just concentrate on his work. When the raid was conducted, Giza was not there, He wes waiting for her to deliver the needed construction material for the repair of the kitchen. When shown of Exhibit P depicting the kitchen, witness said that’ part of it [ Jdestroyed etal 230- Crim. Case No. 12574 Judgment already and the bathroom needs to be repaired. When asked to present evidence to prove that he is a resident of the area, witness stated! thal he can present evidence to this effect. But that as of now, he has no evidence to prove this, When shown of the picture of Jagan MERE, witness saic that she was there during the ref, But later changed his answer that she was not there. When pressed, witness answered that he already forgot it because the incident happened for quite sometime already. However when shown of the woman holding a child, witness answered that she is a neighbor but he does not know her name, When asked who the owner of the other house, witness answered that itis owned by Bebing Orcullo, that he knew this when he was hired to work iin the wooden house. When pressed, he said that what he learned is that she is the owner of thé said house. When shown of the picture depicting Charlesbeth Que and Bernarderick Barbado, witness said that they were the ones inside the wooden house when the NBI raided the place. He did not know why they were there and he did not ask them. Witness admitted that pictures were taken by the NBL, The gitls were already there inside watching the TV and others taking a bath whien he woke up. He did not ask where the girls were taking a bath and why they went inside the house. He too did not know where accused Barbado and Que came from, But he knew them in the City Jail as they were there together. He does not know why he was arrested and because of this, he accused the NBI of illegally arresting him. But he was not able to report the riatter because he and the others were handcuffed in the Office, He did not ask for a lawyet to file case against the NBI. When asked whether he knew, the person shown lying @n the floor in the picture marked. as. Exhibit witness answered, he does not know. It was ‘only during the:taid: rere arfested that ¥31- Crim, Case No. 12574 Judgment he saw Cherry Orcullo in the house. Her husband was also arrested together with her. At this instance, witness pointed Roque Makilang as one of the accused sitting at the gallery of the courtroom The Demurrer to Evidence filed by the accused Cherry Orcullo, Rociue Makilang, and Rowena Arcala through counsel Atty. Clint T. Dabalos was denied by the Court. Bemarderick Barbado y Plaza, 29 years old, single, and a resident of Maon, Butuan City took the witness stand as.the second witness. His direct testimony was the following: THAT: itis not true the allegation that he is involved in large scale and syndicated, recruitment, enlisting and harboring of minors Jagan Vegemity, Jalen Peguee, Samm Vige, and MASE Sep allegedly for the purpose of prostitution and sexual exploitation; when asked whether he knew Jqgggn Jim Stammn and Meimge, he said that he does not know them; in the afternoon on October 10, 2007, he was in Purok 10, Tambak, Lower Doongan to visit his girlfriend Lloren; he was entertained by Lloren outside of the boarding house where there is a store; while talking to his girlfriend, the latter told him that she is not feeling well and she.wanted to rest and she invited him to get inside; then suddenly, the NBI arrived, 2 to 3 of them entered; he was watching the TV; the boarding house was made of wood and had rooms for rent; about 100 meters there is another house made of cement; the NBI pointed their pistols on their forehead and asked them to go with them; because of fear they went with them; there was no warrant of arrest or search warrant shown to them; they were brought to their Office near Gaisano; even though how much they explained to the NBI, they did not believe them; they could not do anything that time because they were handcuffed; they were detained overnight in the NBI Office. On cross examination, witness stated that he was arrested by the NBI for no reason at all. He is staying in Maon and he can produce evidence to prove this, He was not aware that the girls inside the boarding house were already32. Crim. Case No, 12574 Judgment watched tho TV but he did not notice the others. He does not know whether his girlfriend was a worker of Cherry Orcullo. Her nickname is Lloren but she was not one of the persons brought by the NBI after the raid. Maybe she was not arrested because she was just renting in that boarding house. He however did not know how many were they. He too does not know whether the children there were being sold as prostitute; The house being raid has two rooms and he noticed this because it is just in front of where he was seated and a meter away from the televisien set. He did not notice the girls going in and out of the room because his attention was focused on the TV. When asked who of the accused were inside the house when the raid was conducted, witness mentioned all the accused, Chabeth, Pandiling, King, Rowena, Bebing and him. She was there in the house only at about 1:00 o'clock in the afternoon. When asked whether only accused ‘Cherry Orcullo was not inside the house when the raid was conducted, witness answered that he did not notice her during the time. He too answered that he did not notice how many were they inside the house that time. That the other house was more or less 20 meters away from the house where they were arrested. He did not ask the other co-accused why they were there in that house that time. But he learned later as he asked them at the City Jail, He did not file any complaint against the NBI for raiding the house for no apparent reason at all. (at this instance, witness was seen laughing by the Pros. Go but according to Atty. Rullon, she noticed he was only smiling). When they were arrested, all of them did not know each other, and that there was commotion inside the house when the NBI arrive, (At this instance, witness was again seen laughing by Pros. Go). Witness disclosed that he does not know accused Pandiling that time. Witness however admitted that Ct af acta k& : Gi33- Crim. Case No. 12574 Judgment he was the person seen who tried to hide his face from the camera as shown in Exhibit P. His girffriend was not among the women seen in the pictures. There was no record that his girlfriend was there. When shown of the picture depicting Mrs. Cambray, witness said that he did not notice her there. He did not submit any document to show that he was innocent of the charge against him because he is ignorant of the law. Upon Court's-clarificatory questions, witness admitted that this was the house where his girlfriend was one of its boarder, referring to Exhibit N. It was also the house depicted in Exhibit © that is 20 meters away more or less from the boarding house. tho admitted that he was the one depicted in the picture, referring to Exhibit P. What he saw during that time was the girl, pointing to a girl wearing a pink shirt, Exhibit P. And that he did not notice the others because he was shocked why pictures'were taken on them. He identified the man in the picture as Rennie Pandiling, When shown of some of the pictures depicting some of the accused, witness said that he does net know them that time. When shown of a girl beside him in'the picture, witness said she is not her Girlfriend, referring to Exhibit P. His girlfriend defended him when he was arrested by the NBI but she however told him to go with:them because there was a gun pointed at him. His girlfriend was not brought by the NBI despite the _ fact that she was present at the time of the raid. Third witness Rowena Arcala y Godoyo, 28 years old, single, and a resident of Bitan-agan, Butuan City. The following were elicited from her, thus- THAT: shé lived with her aunt in Barangay Obrero, Butuan City; she is a trisikad driver plying the Langihan and different areas; at more or less 4:00 p.m., on October 10, 2007 she was in the house of Bebing Orcullo as she was brought'thiere by her|from34- Crim. Case No, 12574 Judgment. she hired her to transport these goods to her house in Lower Doongan, Butuan City; her house is made of cement; she unloaded the goods to the sala after which asked water from her; when she was about to leave, this was the time the raid was conducted; when the NBI entered, they said, “don't move because itis raid”, she was arrested in the course of the raid; the NBI told them that they would be brought to the Office for investigation, and after that they bé released; she recalls that there were five NBI operatives who conducted the raid but she does not know them; during the raid in'the house of Bebing Orcullo, Oking Makitang, Bebing's children and her other siblings were there; the others she does not know them; the herein child-victim J@ Pogue, Jase Megumi and Sige Mie were however not there; at the NBI Office, they were investigated and there was no lawyer who assisted them. ‘On cross examination by Pros. Go, witness stated that she does not know accused Bebing Oroullo and Oking Makilang before her arrest. The two were in the sala togotper with a child when the raid was conducted. She forgot the name of the owner of the pedicab she was driving. She just recently been driving the pedicab for more or less two months, She would pay the rental of 40.00 per day for the pedicab when she returned this at night. The owner of the pedicab who Is a man owns 4 pedicabs and she knew the drivers, Michael Galagar, Jorge Evangelista and a certain Michael. That day, she transported Bebing Orcullo from Langihan to Lower Doongan for about an hour. It was the first time that she came to know her. She was paid P40,00 for conducting her there. When pressed to name the owner of the pedicab she drove, witness answered she cannot recall as she only calls him Kuya. The said Kuya is a martied man but she has not seen his wife, She too was not able to ask her co- drivers who the name of the owner of the pedicabs. In the NBI Office the children, Sp Vidgn, JD Pogue, Ja Mes and Mga Sem were there in the other room. She was pointed by them as one of the pimps on the instruction by the NBI arid she told the PAO lawyérs and Atty: Dabalos DATE C4 P-xeta35- Crim. Case No. 12574 Judgment about this, At this instance, a picture was shown to her and she pointed to a woman, identified as Mrs, Fall Celmiimmy as the woman who told the children to point at her as one of the pimps. When shown of the children depicted in, the pictures, witness said she does not know them but they were there in the Office. She also confirmed that the mothers of the children were there in the Office. The PAO lawyers were angry when she told them that they were just arrested without any documents. The first PAO lawyer was Atty. Plaza, then Atty. Gania and the third she does not know because they were many. On Court's clarificatory questions, witness disclosed that she did not file a counter-affidavit because she was told by the lawyer to wait. She and her parents are from Bitan-agan, Butuan City. She came over to Butuan City because she has an aunt here. Roque Makilang y Gansan aka "Oking", 33 years old, single, and a resident of Purok 10, Tambak, Lower Doongan, Butuan City was placed as the fourth witness for the defense. The direct examination could be summarized in the following manner, thus: THAT: he can say that he is not guilty of the charge against him; at more or less 4:00 p.m., on October 10, 2007, he was in his house in Purok 10, Tambak, Lower Doongan, Butuan City; he was cleaning the DVD; inside the house were his live-in partner Bebing Orcullo, (the same Cherry Orcullo one of the accused in this case) and in-laws; the house is a cemented house; then NBI operatives suddenly barged inside the house and told them not to stand up Pointed their short guns at them; there was no statement what their Purpose in coming in; he saw Rowena: Arcala when they were inside the car being handcuffed; Bebing Orcullo came from Langihan then; he saw three (3) NBI operatives entered the house and there were others outside, all about 5 of them; actually, he is _, from lyao, Anticala, Butuan City and they already transferred there; they were brought to the NBI Office and investigated there: he told the NBI that they were not the ones and he does not know the-girls Who accused him of being a pimp; there was no. lawyer assisting36- Crim, Case No, 12574 Judgment. them when they were investigated; he does not know where the NBI recovered the children. On cross examination by Pros. Go, witness said that he is a resident of Purok 10, Tambak, Lower Doongan, Butuan City for two years. His in-laws ‘Ama and Gilbert were brought by the NBI to their Office. They were however teleased after the investigation, but he dues not know the reason. Cherry Orcullo was previously married while he is not. He is a motorcycle driver while his live-in partner has a sari-sari store in their house but that this. was destroyed. When shown of the house depicted in Exhibit M witness admitted that they would pass by this house every time they go home. The house is about 20 meters away cut by a road in between. When asked who the owner was, witness said he does not know but that the house is a boarding house. He was only familiar with the boarders but not their names. He only knew their names when they were arrested and put in jail. When shown of the picture depicting accused Begiarderick Barbado and Charlesbeth Que together with Viglame Ses, Jette Peguem and Silman Mime, witness answered that he saw these persons in the house, He however did not see Rowena Arcala in the said house. When told that the house is owned by a certain Elisa as testified by Rennie Pandiling, witness confirmed this and admitted that he knew her for quite sometimes and had even talked to her. But he does not known the sumame of Elisa as he would just pass by the boarding house. He was arrested by the NBI without any warrant of arrest and he is sure of this. He will maintain his testimony that the children were found together with some of the accused in the house across their house which is separated by a road. Witnéss who finished Grade Il and has been a driver for more than a Year but holder ‘of a ave; €41-I2 avior Crim. Case No. 12574 Judgment student permit license estimated one kilometer as from the Coutt room to Libertad. Fifth witness is Charlesbeth Que y Mendez, 24 years old, single, and a resident of Barangay Jumabon, Butuan City. His direct testimony is as follows THAT: the charge against him is not true; on October 10, 2007 he was in that wooden house in Tambal, Lower Doongan, Butuan City; his girlfriend asked him to go there; he met his Girlriend in the said house at almost 4:00 o'clock in the afternoon, then people about 3 to 4 arrived bringing with them firearms; they told us that they were NBI and asked not to move; he was entertained by his girlfriend in the sala who during that time was carrying a child; he was shocked and afraid because they were pointed at with firearms; the NBI did not show any document like vrarrant of arrest or search warrant before they enter the house; they were told that they were selling those girls there for prostitution; he teld the NBII that itis not true but they were told to G0 with them for investigation after which they would be released fhe does not know the Orcullo spouses; when asked whether there was another house adjacent to this house, witness answered in the positive, that the house is made of wooden materials; there was also another concrete house painted in green; the said house ig located across the road about 20 meters more or less from Where he was; they were brought by the NBI to their Office and after investigation they were handcuffed and they slept there. On cross examination, witness pressed that it was not true the testimony of Jan MEA that he and Jaggin had sex at the Beehive lodge watched by police officers. When asked to point who his gitriend in the pictures, witness pointed to the first gitl from the left wearing strip pink blouse who Is carrying with her a baby (eferring to Exhibit P). The witness on the other hand was seen not wearing any T-shirt while sitting in the chair (also referring to Exhibit P). When asked to name the persons depicted in the said picture, witness answered he does not know their names. That he too does not know the guy bowing his head in the picture (also referring to Exhibit &). The guy was identified as accused Bernarderick Barbado. When. sho m of the picture located ote fron C38- Crim. Case No. 12574 , Judgment in the middle part and asked to identify the person therein who was not wearing shirt, witness said that he does not know him. But later, he admitted knowing him when they wore together in the jail. When shown of the wooden house in Exhibit P, witness stated that it had two rooms. Likewise shown in the picture is the sala of the house. It is the CSWD that filed a complaint against him and not the children. When shown of the pictures depicting the children there in the NBI Office, witness stated that they were there. The child her girlfriend was carrying was not her child. Cherry Orcullo y Castillo, 34 years old, single, and a resident of Tambak, Lower Doongan, Butuan City, was placed as defense six and last witness. Her testimony on direct is as follows: THAT: she does not know about the accusation hurled against her; before 4:00 p.m., on October 10, 2007, he was in Langihan to buy groceries for the house; she returned home in Tambak, Lower Qoongan, Butuan City at about 3:30 p.m. she stayed in the sala with her child, her live-in partner, niece, and nephew; at 4:00 p.m., the NBI arrived and the latter asked her where the minors; there were five NBI operatives who entered, the rest she does not know; she told the NBI, the minors were not there with her; the NBI did not believe her and they searched the entire house to check their presence; the NBI did not present any document before they conduct the raid; after no minors where found, they were told to go with them on board their vehicle as they will bring then® to their Office; arrested were her live-in partner, his brother Olivert Orcullo and herself; at the Office, she was investigated but there was no person who assisted her; she was not either provided with a lawyer; she was neither informed of her right to have a counsel of her own. On cross examination by Pros. Go, witness admitted that she was confronted by the NBI at the concrete house, She does not know whether the concrete house was the subject of the search nor the NBI had searched the wooden house first. She admitted that, when the NBI. arrived was inside the house. It was only that time that shé ‘came to know Rowena39- Crim. Case No. 12574 Judgment . Arcala a.k.a. “lan”. Roque Makilang her live-in partner was also inside the house that time. She admitted she is also foundly called as Bebing Orcullo. When told that because the children did not point to Alma and Olivert as involved in the peddling of the minors as prostitutes they were not charged, witness said that she does not know about it. But she knew that they were brought together with them. Instead, she, her live-in partner together with the herein accused where pointed to by the children at the NBI Office as involved in the peddling of the children for prostitution. Those pictures were taken when they were pinpointed by the children. ‘On Court's questioning, witness said that she came to know Bernarderick Barbado only at the NBI Office, The girl holding a child is Malm, the sister of her live-in partner Roque Makilang. The child is her neighbor's child, she does not know why the child is in their house. The child was not brought to the NBI Office including Mdlllma. Alma was arrested but she was later released together with Olgmmt as they were not pointed by the children. Continuing the cross by Pros, Go, witness said it was NBI Jie Pama who had her signed the search warrant. Her brother OWemie is 28 years old and is presently in Mangagoy, Surigao det Sur. She is not presenting him as witness in her favor nor the woman who was cuddling a baby in the « picture, Exhibit P. The woman is the sister of her live-in partner but he she does not want to testify in her favor. She is residing in Anticala, Butuan City. The pregnant woman rescued is Lem ‘Safa, her cousin. She too is not presenting Lal as her witness. She is disowning ownership of the wooden house and she does not question the search of the said house: When shown of the picture marked as Exhibit P depicting some people, she alg she yep ~ Au40- Crim. Case No. 12574 Judgment know about it, She has been residing in the concrete house for more than a year and that she ovhs this house. The lot however is owned by Casein QM@MA, the aunt of her live-in partner but the house was constructed by them Crtstim resides in Emelia Compound, Butuan City. She however does not know the owner of the wooden house. Basically, she was brought to the NBI Office because she did not say anything when asked by the NBI about the whereabouts of the minors. At the initial presentation of rebuttal evidence, Juma Mammmiim y (Cail vas again placed to the witness stand. The following were elicited - THAT: the denial of accused Cherry Orcullo that she did not harbor, enlist, and employ her as a child prostitute together with the other minor children is not worthy of credit, because it it true that she and her co-accused are pimps; she and the seven of them like Jai, Slammn, MysaRe, Rewgmm and others, call accused Cherry Orcullo 2s "Mommy Bing: she knows all the accused as they ate pimps, they would bring them to the lodging house after finding them a customer for sex; she and the others girls the four of them were housed in a wooden house; the house is own by Cherry “Bebing" Orcullo; there ts also a store in the said wooden house also own by Bebing Orcullo; Bernarderick Bardago alias Eric stayed in the wooden house; accused Barbado's testimony that he merely visited her girlfriend there-In the house is not true; he has no girlfriend there, as actually he is a pimp even before the raid; accused Rennie Pandiling also stayed in the house that time, his testimony that he does carpentry job in the house is not true, he is also a pimp for quite a long time; Rowena Arcala y Godoyo alias lan is also a pimp for quite sometime already; lan was the one who brought her and the other girls to the lodging house, and also introduced her and the others to customer for sex; Roque Makilang alias King is also a pimp; he was residing in the concrete house ‘own by Cherry "Bebing" Orcullo at the time the raid; at this instance, witngss pointed from the witness stand to a place in the courtroom estimated as 4 to 5 meters away as the distance of the wooden house where they stayed and the concrete house; accused Cherry “Bebing” Orcullo also stayed in the concrete house; Chatlesbeth Que is also one of the pimps, his testimony " that he did not have sex with her in “toro-toro” (live-sex style) is not true; the truth is that he had sex with her in the. presence of policemen in Beehive lodge; the allegation of accused Charles Que and Bernarderick Barbado alias Opaw that they did not stay in jesta. Crim. Case No. 12574 Judgment the wooden house and did not know each other is all untrue; they both stayed in the wooden house and have known each other for a few months already; it was SMime Mim who invited her to stay in the house where she was presented to Cherry “Bebing” Orcullo who is also a pimp; she also guarded them outside while in the lodge with a custemer so that she cannot escaped; she was afraid to escape because she was threatened to be killed if she does; all the accused would self her and the other girls for sex. On cross by Atty. Dabalos, witness admitted that before she went to the wooden house of Bebing Orcullo, she does not know the latter. She only knew her when she was brought to the said house, On cross by Atty. Rullon, witness stated that there were six (6) persons who resided in the wooden house at the time of the raid. They were Samm, Dgmine, Mylo, Ones, Rasmim Pili and her. Since the house had only two rooms, she and Sharon stayed in one room and the other Dawiam and Myfimite. As to the other persons, she does not know when they resided in the said house. When the raid was conducted they were in the sala of the house. On Court's Clarificatory questioning, witness said that accused Bebing ‘Orcullo never resided in the wooden house but she is residing in that concrete house-including her live-in partner, She was invited by SQn Mie to live in that wooden house for them to work as dishwasher. But ultimately, she learned that she would work as prostitute. She did not escape or tell SMll—in MiB that they will leave the place because of fear. Second rebuttal witness, Vewmma Jest G. Fismmliema, of legal age, married, a Special Investigator Ill, NBI, Samar District, and a resident of General Santos City took the witness stagd. He testified as follows: THAT: it is not true as alleged all by the accused that thera was no search warrant presented during the implementation of the raid at Purok 10, Tambak, Lower Doungan, Butuan City, the truth being that he presented the search warrant to accused Ch42- Crim. Case No. 12574 Judgment “Bebing” Orcullo after seeing her in the rented house that she was ‘occupying; it is also not true that she affixed her signature only at the NBI Office, the truth being that when he found her at the rented house, he immediately asked her identity because the victims pointed where he was, in the cemented house; after she confirmed her identity as Cherry Orcullo, he immediately showed her the search warrant and asked her to acknowledge receipt of the same; he let her sign her name including the time of the receipt of the search warrant; after Orcullo received a copy of the search warrant, as a matter of standard operating procedure, he apprised her of her constitutional rights; before she signed the document there was a picture taken of her, Exhibits RR and RR-1 inside the concrete house while the photographer was situated outside of the house; accused Rennie Pandiling allegation that he and the others were not informed of their constitutional rights is not true; they did inform them of their constitutional rights as part of their standard operating procedure; in fact, he recalls that in the Office, he again apprised them of their constitutional rights not only by him but also with his fellow NBI special investigator; they did announce their authority a3 NBI operatives before the raid; some of the ‘operatives were even wearing T-shirls with NBI markings; once they implement such kind of order, they immediately identify themselves in this manner, "NB dapa’, there is always that word “NBI’; they went to the cemented house which is about 5 to 8 meters away from the wooden house jusi to locate with the subject Bebing Orcullo as it was told and pointed by the child-victim, Jurgen Menancillo; they did not even search the cemented house because the subject of the search warrant was the wooden house: it is likewise untrue that they were unruly in the implementation of the search warrant; when they implemented the search warrant they have to follow certain rules; because they were informed that the victims were guarded, so their presumption was that the guards have deadly weapons on their possession; for this reason they have to use feasonable force, “biglaan and dating’, and that is their orientation; the use of reasonable force was to defend themselves in the implemeniation of the search warrant; it is not true that they were not represented by counsel’ at the NBI Office, they were represented by Atty. Fudalan; before the arrival of Atty. Fudalan the accused were asked why they were there in the area, what are they doing there and where they were living; there was Mr. OX Salim, a member of the tri-media, the social workers from the CSWD, the NB! Regional Director and some of the Investigators present that time. On cross examination by Atty. Dabalos, witness said that he was not aware as to the pengnanship as far as the date is concemed which\s allegedly different from the signature of Bebing Orcullo. It v :43. Crim. Case No. 12574 Judgment attached in the application for search warrant, it was only the wooden house that was focused more because the said house was the house pointed to by the minor victim Jurgen Menaneillo. On cross examination by Atty. Rullon, witness disclosed that it is part of the’standard operating procedure that a copy of the search warrant be served to the subject person. Atty. Fudalan was contacted by the Office to assist the accused in this case: He does not know the owner of the house but was informed by the victim that a certain Bebing Orcullo was renting it, The wooden house was searched and Bebing Orcullo was apprehended in the concrete house. They only applied for the search of the wooden house that is why the Court issued only one search warrant. They only came to the concrete house when Bebing Orcullo was not found in the wooden house. The concrete house was pointed to by the victims where Beting Orcullo could be located. The concrete house was not search. (At this juncture, there were arguments..,) On clarificatory questions by the Court, witness said that they did not secure any proof of evidence that Bebing Orcullo was the one renting the house nor ascertain as to the ownership of the wooden house, On the application for the search, warrant, he specifically applied for the seaich of the wooden house and described it with particularity. The ‘subject house was indicated in the sketch used in the application for search warrant, It was the wooden house as told by the minor victim that they were being kept. She even pointed to them the wooden house during the surveillance, She also told them that in the concrete house Bebing Orcullo and her live-in partner lived. As he can remember, thea4. Crim, Case No. 12574 Judgment accused Bebing Orcullo, He was not however informed that Bebing Orcullo was staying or residing in the concrete house. Thereafter, Pros. Allay 0. Go offered orally Exhibits RR, RR-I and RR-2 for the purpose of showing that witness informed the accused as shown in these two pictures their respective Constitutional rights before the implementation of the search warrant or before the raid. Atty. Clint T, Dabalos interposed no comment or objections. Atty. Ingrid Trivia E, Rullon moved that the same be likewise be marked as Exhibit 3 for the defense. The Court ruled to admit Exhibits RR, RR-1 and RR-2 and Exhibit 3 in ‘evidence for the purpose for which it has been offered and as palt of the testimony of SI Vem Jew G. Filllilli. The parties were directed to submit simultaneous memorandum but only the prosecution submitted the same This case was submitted for decision on October 7, 2011. The straightforward and consistent narration of facts by the prosecution witnesses, especially the two minor victims in this case immensely fortifies the conclusion that all the accused are guilty as charge. All the denials and alibi's proffered by the accused in this case could not sway this court not to believe the version of the minor victims, they have positively identified all the accused in this case and convincingly narrated the details of their ordeal. The victims patticularly asserted that accused Roque Makilang, Rowena Alcala, Renie Pandiling, Charlesbeth Que and Bemarderick Barbado were doscribed as pimps and guards while Cherry Orcullo as the owner of the wooden house were minors were being kept and who received the rest of the: m customers who have sex with the minors. These accounts cannot be di if ALITY, git45- Crim. Case No. 12574 Judgment simply of the slim claim of accused denials and alibi’s which are all self-serving. It is well settled ‘that donial, if unsubstantiated by clear and convincing evidence, is a negative, self-serving assertion that deserves no weight in law. (People vs. Bagauia, 394 SCRA 54). The implementation of the search warrant were proper and orderly such that there could net be any question of impropriety of their execution, representatives of the CSWD and one media personnel were present when SI FegSMMMA and his group raided the wooden house at Tambak, Lower Doongan, Butuan City by vitue of a valid searched warrant and the victims having pointed the concrete house jast across the road or meters away from the wooden house were accused Orcullo was, agent F@SEMINB went to serve the search warrant to her and were her live-in-partner Mafaialiy was present by introducing himself and thereafter informed them their rights under the constitution. Apparently there was a valid and reasonable explanation why the NBI agents did not coordinate with barangay officials as they entertained rumors that these officials were protectors of the acctised ahd to be safe they coordinated instead with CSWD and a media man, a certain Obet Samonte of the Gold Star Daily. ‘At any rate, a description of the place to be searched is sufficient if the officers with the warrant can, with reasonable effort, ascertain and identify the place intended to be searched. ( Cupcupin vs. People, 392 SCRA 203 ). In fact the NBI agents conducted surveillance together with one of victims before applying for search warrant and they ascertain the place to be searched. Furthermore, all the accused have been identified as to their roles to play in the commission of the crime and they have that intention to ooperate. with one another in order to profit at the expense:.of ‘the minors ho were STAR pet46- Crim. Case No. 12574 Judgment subjected to sexual exploitation or prostitution and what is worst is that one of the accused even subjected one of the minor victims to “Tore-Toto” or public viewing while having sexual intercourse. Conspiracy need not be proved by direct evidence- it may be deduced from the mode and manner in which the offense was perpetrated. As a rule, the concurrence of wills, which is the essence of conspiracy, may be deduced from the evidence of facts and circumstances, which taken together, indicate that the parties cooperated and labored to the same end. ( People vs. Calian, 374 SCRA 514) All the elements of the crime has been fully established by the evidence of the prosecution and beyond any cavil of doubt all the accused by conspiracy have harbored, provided, or received minor vietims by taking advantage of their Vulnerability and or deotht, including those done under the pretext of domestic employment for the purpose of prostitution. 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, adduction, 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 removal or sale of organs, The 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 Definition) of, terms, SY: IRs BER G means set forth in the preceding paragraph. (Section’:47- Crim. Case No. 12574 Judgment R.A. 9208 ). Verily all the accused are guilty of violating Section 4 (a) in relation Section 6 (a) and Section 10 (c ) of R.A. 9208, considered as qualified trafficking in persons the penalty for which Is life imprisonment and a fine of not less than two million pesos (P 2 million ) but not more than five Million (P5 million ). Wherefore, after weighing all the evidence proffered by the parties, this court finds accused-Cherry Orcullo y Castillo, Roque Makilang y Gansan, Rowena Arcala y Godoyo, Rennie Pandiling y Batucan, Charlesbeth Que y Mendez and Bernarderick Barbado y Plaza guilty beyond reasonable doubt of the crime charge. Accordingly, they are sentenced to life imprisonment and to payafine of two million (P2 million ) each, ‘They shall serve their respective sentences’ at Davao Prison and Penal Farms, Panabo City, Davao del Norte. in the service of their respective penalties they shall be credited with the full benefit of their preventive imprisonment if they agree in writing to abide by the same disciplinary rules imposed upon convicted prisoners otherwise if not they shall be entitled to only IS of their preventive imprisonment pursuant to Article 29 of the Revised Penal Code. So Ordered. Butuan City, Philippines, February 27, 2012. EDU, . CASALS. Jfdge