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REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION “eo BRANCH 48, MANILA neha, es PEOPLE OF THE PHILIPPINES, Plaintiff, versus, CRIM, CASE NO, 1.282624 JOCELYN ULANDAY Y ABELLA @ JOTAY, DECISION Accused ocelyntUlanday y Abella, @SJotay. resident, of Manila is charged tthe above case for Violation of Sec. 4(a),:In Rel, to Seco 6(a) and Sec..10(a) of RAL No. 9208 which charged is: embodied in. an INFORMATION committed to wit: U3 bi # neinte _ “That on or about April 5, 2010, the said accused’ conspiring and confederating With’ one another and with two (2) others» whose real identities and whereabouts are unknown, did then and there willfully, unlawfully’ and knowingly, for Purpose of exploitation: or 100) YW recruit. 2% harbor, receive or transport y 7 s : and 7 oa 7 both minors, te | and «1 old, respectively and. 'finally- bring + them in a hotel at Robinson's Tower, City of Mania, within the jurisdiction of this Honorable Court, where they were made to take.a bath, and pose naked, and the accused took nude photos of , them and instructed them to dance stilf naked and o { | ne 11-282624 1P.vatoceiyn Ulanday, et. Al ‘Desision Peso ~2 Jeo pictures of them taken thraugh'a Video' camera, to“ their damage and Prejudice, .. . Contrary to faw,” faa ay BIAS “The accused was arraigned on February 7 2012 and Wi the able assistance of “counsel Atty. Christian Cabrera ‘she ‘kateréd a'piea of not guilty. Subsequently, Pre-Trial Conference ensued, and Identity is aden a | 0 ] testified: She's’ ofie' of the ictime who filed charge against 3B (mand “— jo i ig UBB ates coy the ‘accused ‘took’ her picture and-video her body together with ' The incident happened on April 5, 2010 at Robinson's place; She was ten (10):years old atthe time; ‘She presented her Blech certificate (Exh. A); Her naked picture was taken’ by GR SUM on tort 5; 2020; that MEEB and kc fetched them at the corer of Leveriza “near her house; * the four (4):0f them boarded a Jeep and proceeded t6' the place at Robinson; ME even told her that hee mama allowed her:to go with her; va even'took the cell number of her mama; Her'mama did not agree as shown’ in the text message in’ her cell; thatshe was not amenable in ‘going wth AMD GMP: theviatter cid not telt har that she’ will be ' Coin. Caso No. 116282628 P vs. Jossiyn Ulandoy, ef, AL Daciaion Pago ~3 oe , . wideoed’ with. her. naked. body; , After boarding the, deeoney they «proceededita: Jocelyn... Ulanday's.,house located, at teveriza, then they, (referring te Jocelyn Ulanday, she (victim) and the other minor) boarded a pedicab; that MBP 202 Kc were tett at Leveriza; accused Jotay, brought her/and H&M vo Robinson's place at the 16th floor to the ‘room of QB; When they reached the room, Oa pened the door; She and HM were told by Jocelyn to lean: their bodies; After jshe and HERD cleanee their bodies, Jocelyn told them to go inside, the, room; While at thevroom naked, thelr pictures. were, taken; they were swearing towel at the time; then the accused told them to Hremove thelr towel; . She pointed the accused Inside the courtroom; The. accused and Qi) SED ctoped ~ {inayusan) their hairs @ is a male; Her hair was fixed ewlth a-clip by the accused while HEED ba was fixed by 2 The clips wes taken. from a cabinet; Then they were told to pose and KBB cox their pictures; ‘The accused Jocelyn was, watching while they. were posing and their pictures were taken by DB Thay went on top of the bed and EB os them to spread their legs, (bukaka); They dance accompanied with the music "nobody nobody” and a tock video; They were pictured first, then they were videod; Her private part was, pictured . including SHG 20d even took video on them;...they. danced while CO) “the song nobody nobody was played and they, were naked at D othe time; They were the one’s who sang the song “nobody” Crinn Case No. 11282624 ‘Pow Jocelyn Utenday, ot Al, Decision He Makahubad’?”'She ‘ang ‘> they went with 2-2 -o and MMB She finds the text of her mothar offensive; She Stated that Initially told Her that her Pleture will be ester but not They went to the’ house of Jocelyn and rest for a whi C2: And they were Rot threatened they proceeded te the place; when they boarded the Pedical Place Jocelyn naked; lle then bin Proceeding to Robinson's ON redirect: OA the date of Incident, she was barely Was eleven (11) years old; She was in Grade three (3) at the time, tem(10) Years old while 1 A Ly She knows “7 amt testified: Her minority was admitted by the defense; She is now thirteen (13 Old; She‘ came to Court to testify against accused “Jotay”, the incident complained ) years "KC". She is testifying Of will NOE Rappen ‘to other chitdran lke her; Accused Jocelyn inside the’ oR: Her raked SUP sre and “2 a Naked at Robinson's ‘Hotel TIOTAY" BROUGHT THEM TO A Morning (110m) of Apri 5, 2 © Sutside the house when accused clothes: She was told body was Pletured by at the igh floor; AS 010, she was with "ke to go That in the Playing “Jotay” dragged her @ oo or Grien. Case No. 11-282624 Pw, Joslyn Ulanday, ot, A, ’ hess Page 6 x (Kinaladkad), then she’ was boarded on @ Jeepney; then Jotay texted ays mother "kung Puwede daw ako"; She was brought to Jotay and KC to Leveriza then Jotay. brought her to Robinson; She was brought to the room of KGB SEM tne 16° soo" of Robinson's Hotel; They were ordered to clean their body then they were Ordered to enter the room of KB; white inside the room Jotay orderad them to remove the clothes; Jotay fixed and ted her hair Including her companion Mg} 3 etay told them to Pose and to gpread out thelr legs "nakabukaka”; They were not wearing panty at the time; She stated that». she: and M@) fl were pictured several times by SPB using 2 big camera colored black; She's not aware if thelr pictures were developed; Jotay taught them how to Pose while (f) was taking pictures of thatr naked bodies; Then they were told to get inside the CR and dress up; She. stressed that Jotay required them (she and Mm to dance on top of the hed completely naked singing the song “nobody nobody”; She was crying during the incident; = THE WITNESS 1g CRYING WHILE YESTIFYENG; She didn’t ask for help because they might physically be harmed; then they went out of the Hotel and retumed to Leveriza; Jotay gave her P250.00. including “i AM with the same amount; Jotay. fed. them with burger; She filed a complaint against Jotay; She identified her sworn statement (Exh. C); She stated that when she ’ a saw. lotay, inside the canteen she feels hurt; The witness Isagain crying; She wanted accused jotay Incarcerated. oShe testified on cross: She and MI Pere playing “chinese garter’ outside thelr house on April 5, 2010 at 1AM including: thele friend “PRP': Jotey dragged ‘her; She did not shout and ask for help at the time because she was atrald; Ma asked her co go with Jotay; The latter even blocked her, way when she wanted to ran away; She ead the text,in.the cell of Jotay where the latter was seeking'permission from MAPI’s mother; She stated that she filed a complaint also against ee 7 ‘The lateer was not arrested; She didn’t eat the burger which Jotay “igave her; She didn’t receive the P250.00 which Jotay was giving rer but MA a ereceived the 250.00, Hee aig d Yn ‘i Qpenerdivents, She stated that she's eleven (11) years POR MOT AS 2010), 2nd her mother is in school at the PME Serine tm JOCELYN, A, ULANDAY testified: "'She'is the same ., »faccused named Jocelyn Ulanday in the. Instant case; She 4 knows private complainants “Oe NG Hi (To TARE. Victims’ mothers are ner friends; ey | mother of one of victim MQ GBs 2 former pokpak/pimp * Grim. Gane No. 11-252625 P. va: Jocelyn Ulanidsy, ot AL Decision Page = 8 eerie “x bugaw'. She’s.a prostitute and a pimp: Bis, the mother of 4E-e Us her barkada and she is her eqmpanicn in Malates> She ls. associating, with’ AQBUBD because she_is efeeding them “pinapakain”; She benefit out of the income, of 88 She stated that 408-6: ot her companion and +she was not with her; She wes.at home.on April 5, 2010 in cher in-law’s house. located in Dakota;, She was,taking care jot her child; She has, four. (4). children;,,. The, witness, is crying, when asked why is, she crying, she stated that she pitied her children; Her companions, in the house Is her yhusband’s lolo, his mother and relatives;, That MBean eKCiwha.are friends of AGGURB went to her, house on: April 5, 2010}. The two are tambays in the place; MB coe her that she will be fetched by AGG and +. talking cin“) words” which (s salitang kalye, that A was cating for her using the words “basta pagkakaperahan”, that, ‘a oowill pimped her, will work for her.as.a prostitute; . She went enact MB vecause she needed money for her children; ..She asked her mother-in-law to look after her children; She went with eoout 11AM and they arrived, in Up house after five (5) minutes; She and Uh meet each other outside at Batang Paralso..a playground located. .al ,Leveriza; She asked I and her husband IED were they came from: : Uleotaher-that a: foreigner would meet ther at Mado »Harrison..and, they have to wait for, them; She wes pimped by Ufonty once referring to the time they, met each other ‘on April 5, 2010; Her companions at the time were Chim, Cane No, 11-282624 t P. va, Jocelyn Ulanday, et. AL Desision Page 2 om AP ane yd and: a. good looking American around at the place; The latrer treated them for meals at _ Meda, the American handed to Ui P1,500.00 then they jeft; “She'and the American left and checked In at a certain hote! Near Robinson; "At the Hotel, the American asked her, to take a bath then she said in tagalog "Naggamitan po kami”, then she went home; The foreigner didn’t give her, anything because he gave money to (Ml She was given by WB xe “smount:of P700.00 claiming that she received _P4,000.00 only from the American; the P700,00 was given to her by a: Harrison Plaza on her way home at about 2PM; And “the following day, UJwent to her confronting her why she stole from her American guest; She admitted stealing from ‘the American because he Is “sadista’; The American Pulled Pher hair while doing BJ to him and she was already vomiting; The witness {s crying; Woe her not to give P700.00 and she ‘retarted *huwag mo ng ibigay”; She "stated that the 700.00 was taken. back, by, MM, They "-Saloast fight each other becduse the American got angry at her; The guard at Harrison Plaza pacified them; . Then she “went home; She denied the charge lodged against, her; _ © She'claimed that she cannot do the complaint, filed against “cher because victim's father stabbed people “nananaksak”; She stated that if possible she could go home inorder that ‘her children can continue their studies, 4 eee 7 hee nee Sheltestified on cross: | AML {s.the, mother of M olf She gor tiie (A) children ind tg Supported by her efhother-tn-law;" Her husband ts likewise detained at the City Jail for Theft; Ske works ‘as @ parking. attendant.and as SASKPOK"; Insother words, che Is a Prostitute; She’started marking’ 285% prostitute’ when she and. her husband Separated that was Way back in the year,2007)": She was pimped by “a PB} when she was barely fourteen (14) years Old; She showed her nude body when she was fourteen (14) years old; As a prostitute she, engaged ‘in: sexual intercourse; She admitted stealing. maney from her American’ customer in the amount of PS,000,00; She was NOL only a prostitute but a thief too; She said that agg) When she was pimped by a the pimping was nother first, a “ is also.a prostiny “2 a SUI te a No, 11-282604 a Jocelyn Utanday, 6. AL cision “Page 13 S. Accubed Jocelyn ‘Uianday was booked and arrested “honMay"'7," 2010 by ‘the, Manila, Police -Diserice, scree Woman's and Children’s Protection Desi”, The ‘Suispectyaccused QOTAY) when confronted at ee the Women's Section, she did not make any DENTAL vet the charge lodged against her; After she was caninformed of the “accusation filed against “ne her signature written as 7, Ulanday, her she affixed ew Accused ta her ardent DESIRE to exculpate herself from any criminal tiabllity’ she espoused the DEFENSE of denial Andi avoldancs” "Sie" Categorically admitted that she s a Prostitute. She further stated that victiens MB nother Us apie in race she was pimped te a good looking a @ American checked in at Robinson's Hotetand they engaged into sexual intercourse... shared her P?00 amount of the P1,500.00 given by the American but lt was taken hack by oe after she told her that she robbed her American customer the amount of 5,000.00, “Accused’s ‘admission that She is a Prostitute portrays.” © her lawimoral'tibet ag a Person. In other. words, she is of ° aw moral repute using her body to eam income for her who. are -of. id 11 years ald, though they a crores Upori thé other hand, the minor vikting /Fige at the age'oF 10 an 7 ( Sh are very young they were able to relate a clear cut terms that the accused and her co-accused | oe -o gugceeded in exploiting ther’ (victims) when they were brought to Robinson’s Hotel’ in’the room of certain Kg ‘And while at said room acctised and Kgl ordered them to remove their clothings. And while naked they were.asked to dance and ‘gyrate on the bed“with the background music “nobody . nobody” which they sang while dancing. Furthermore, the victims were’ ordered co show thelr private parts and spread out their legs. Their naked bodies and “g:Prlvate parts were photographed and videoed ,by a fl under the watchful eyes of racine "JOC eee. kun POA Comper after they had displayed theienude bodies and pictures and videos ware taken by Kl, accused Jotay told them to <, dress up, Jotay gave P250.60 to I, while ‘om did not ofegelve the money which was being given to her, ‘The CHAIN of the evidences proved on hand shows that after the victims were exploited with their nude body photos uoincluding their private’ parts, tha. victims. reported. the incident to the police authorities, which raport culminated to the taking of their Sworn Statements on August 7, 2010 at the Women’s Desk of the Criminal. Investigation and Detection Group at Camp Crame, Quezon City (Exh, 8 and Cc). And > “after they had lodged complaint. against the accused, the Manila Police 'Station caused Jotay’s arrest on Cone Nb, 1-282624 Se Pym Jocelvn Wlanday. © Al, ° Dechion Page = 15 May 7, 2010, And after the accused (JOTAY) was arrested she was informed of the accusation filed against her unfortunately, she falled to deny the complaint of the wictims; She merely affixed her signature in the Booking Sheet which act of the accused is an IMPLIED ADMISSION of guilt on her part for the Acts complained of, The Court is of tne considered belief that the negative allegation and denlal af accused Jotay failed to overwhelm the positive inculpating evidences of the STATE. The | Positive and clear cut testimony of minors Mio 7 and =a 'S more credible compared to the Serving negative assertion of accused Jotay. The act committed by Jotay is a clear violation of Section 4 R.A. 9208 wherein she trafficked the victims to a certain “KB tor 61,500.00 i : See. 4. Acts of Trafficking in Persons. '- Tk shall be Unlawful for any person, natural or juridical, to commit any Of the following acts: a tk, tANSport, transfer, harbor, provide, or receive a person hy any maans, including those done under the pretext of ‘domestic or overseas 5 Employment: or training of Apprenticeship, for the Purpose of prostitistion,’ pomography, sexual (a) To rec exploitation, forced labor, ‘slavery, involuntary — servitude-or debt bondage. WHEREFORE, the court finds accused Jocelyn Ulanday y Abella alias “Jotay” guilty for the offense charged and + pursuant to law she is sentenced to suffer prison term of six (6) years and one (1) day as minimum to eight (8) years as maximum of prision mayor and to pay the cost, The BIMP of Manila is ordered to commit the person of the accused to the Bureau of Corrections of Mandaluyong, Metro Manila. SO ORDERED. Manila, February 10, 2014. SILVEF STILL