G.R. No.

211465, December 03, 2014 - PEOPLE OF THE PHILIPPINES,

Plaintiff-Appellee, v. SHIRLEY A. CASIO, Accused-Appellant.

SECOND DIVISION

G.R. No. 211465, December 03, 2014

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. SHIRLEY A. CASIO,

Accused-Appellant.

DECISION

LEONEN, J.:

Chicks mo dong?1

With this sadly familiar question being used on the streets of many of our cities, the
fate of many desperate women is sealed and their futures vanquished. This case
resulted in the rescue of two minors from this pernicious practice. Hopefully, there
will be more rescues. Trafficking in persons is a deplorable crime. It is committed
even though the minor knew about or consented to the act of trafficking.

This case involves Republic Act No. 9208,2 otherwise known as the Anti-
Trafficking in Persons Act of 2003.3

Accused Shirley A. Casio was charged for the violation of Republic Act No. 9208,
Section 4(a), qualified by Section 6(a). The information against accused, dated May
5, 2008, states:
chanrobl esvirtuallawlibrary

That on or about the 3rd day of May 2008, at about 1:00 oclock A.M., in the City of
Cebu, Philippines, and within the jurisdiction of this Honorable Court, the said
accused, with deliberate intent, with intent to gain, did then and there hire and/or
recruit AAA, a minor, 17 years old and BBB for the purpose of prostitution and
sexual exploitation, by acting as their procurer for different customers, for money,
profit or any other consideration, in Violation of Sec. 4, Par. (a), Qualified by Sec. 6,
Par. ( a), of R.A. 9208 (Qualified Trafficking in Persons).

CONTRARY TO LAW.4
The facts, as found by the trial court and the Court of Appeals, are as follows:

On May 2, 2008, International Justice Mission (IJM),5 a non-governmental

organization, coordinated with the police in order to entrap persons engaged in
human trafficking in Cebu City.6

Chief PSI George Ylanan, SPO1 Felomino Mendaros, SPO1 Fe Altubar, PO1 Albert
Luardo, and PO1 Roy Carlo Veloso composed the team of police operatives.7 PO1
Luardo and PO1 Veloso were designated as decoys, pretending to be tour guides
looking for girls to entertain their guests.8 IJM provided them with marked money,
which was recorded in the police blotter.9

The team went to Queensland Motel and rented Rooms 24 and 25. These rooms were
adjacent to each other. Room 24 was designated for the transaction while Room 25
was for the rest of the police team.10

PO1 Luardo and PO1 Veloso proceeded to D. Jakosalem Street in Barangay

Kamagayan, Cebu Citys red light district. Accused noticed them and called their
attention by saying Chicks mo dong? (Do you like girls, guys?).11

During trial, PO1 Luardo and PO1 Veloso testified that their conversation with
accused went as follows:chanrobl esvirtuallawlibrary

Accused
Chicks mo dong? (Do you like girls, guys?)
:

PO1 Unya mga bag-o? Kanang batan-on kay naa mi guests naghulat sa motel.
Luardo: (Are they new? They must be young because we have guests waiting at the
motel.)

Accused
Naa, hulat kay magkuha ko. (Yes, just wait and Ill get them.)12
:
At that point, PO1 Luardo sent a text message to PSI Ylanan that they found a
prospective subject.13

After a few minutes, accused returned with AAA and BBB, private complainants in
this case.14
Accused Kining duha kauyon mo ani? (Are you satisfied with these two?)
:

PO1 Maayo man kaha na sila modala ug kayat? (Well, are they good in sex?)15
Veloso:
Accused gave the assurance that the girls were good in sex. PO1 Luardo inquired
how much their services would cost. Accused replied, Tag kinientos (P500.00).16

PO1 Veloso and PO1 Luardo convinced accused to come with them to Queensland
Motel. Upon proceeding to Room 24, PO1 Veloso handed the marked money to
accused.17

As accused counted the money, PO1 Veloso gave PSI Ylanan a missed call. This was
their pre-arranged signal. The rest of the team proceeded to Room 24, arrested
accused, and informed her of her constitutional rights. The police confiscated the
marked money from accused.18 Meanwhile, AAA and BBB were brought to Room
25 and placed in the custody of the representatives from the IJM and the DSWD.19

During trial, AAA testified that she was born on January 27, 1991. This statement
was supported by a copy of her certificate of live birth.20

AAA narrated that in 2007, she worked as a house helper in Mandaue City. In March
2008 she stopped working as a house helper and transferred to Cebu City. She stayed
with her cousin, but she subsequently moved to a boarding house. It was there where
she met her friend, Gee Ann. AAA knew that Gee Ann worked in a disco club. When
Gee Ann found out that AAA was no longer a virgin, she offered AAA work. AAA
agreed because she needed the money in order to help her father. AAA recalled that
she had sex with her first customer. She was paid P200.00 and given an additional
P500.00 as tip. For the first few weeks, Gee Ann provided customers for AAA.
Eventually, Gee Ann brought her to Barangay Kamagayan, telling her that there were
more customers in that area.21

AAA stated that she knew accused was a pimp because AAA would usually see her
pimping girls to customers in Barangay Kamagayan.22 AAA further testified that on
May 2, 2008, accused solicited her services for a customer. That was the first time
that she was pimped by accused.23 Accused brought her, BBB, and a certain Jocelyn
to Queensland Motel.24

AAA testified that Jocelyn stayed in the taxi, while she and BBB went to Room 24.
It was in Room 24 where the customer paid Shirley. The police rushed in and told
AAA and BBB to go to the other room. AAA was then met by the Department of
Social Welfare and Development personnel who informed her that she was rescued
and not arrested.25

AAA described that her job as a prostitute required her to display herself, along with
other girls, between 7 p.m. to 8 p.m. She received P400.00 for every customer who
selected her.26

The prosecution also presented the police operatives during trial. PSI Ylanan, SPO1
Mendaros, and SPO1 Altubar testified that after PO1 Veloso had made the missed
call to PSI Ylanan, they rushed to Room 24 and arrested the accused.27 SPO1
Altubar retrieved the marked money worth P1,000.00 from accuseds right hand
and upon instruction from PCINSP Ylanan recorded the same at the police blotter
prior operation. . . .28

The trial court noted that AAA requested assistance from the IJM in conducting the
operation against the accused.29

Version of the accused

In defense, accused testified that she worked as a laundrywoman. On the evening of
May 2, 2008, she went out to buy supper. While walking, she was stopped by two
men on board a blue car. The two men asked her if she knew someone named
Bingbing. She replied that she only knew Gingging but not Bingbing. The men
informed her that they were actually looking for Gingging, gave her a piece of paper
with a number written on it, and told her to tell Gingging to bring companions. When
accused arrived home, she contacted Gingging. Gingging convinced her to come
because allegedly, she would be given money by the two males.30

Ruling of the trial court

The Regional Trial Court, Branch 14 in Cebu City found accused guilty beyond
reasonable doubt and held31 that:chanrobl esvirtuallawlibrary

Accused had consummated the act of trafficking of person[s] . . . as defined under

paragraph (a), Section 3 of R.A. 9208 for the purpose of letting her engage in
prostitution as defined under paragraph [c] of the same Section; the act of sexual
intercourse need not have been consummated for the mere transaction i.e. the
solicitation for sex and the handing over of the bust money of Php1,000.00
already consummated the said act.

....

WHEREFORE, the Court finds accused, SHIRLEY A. CASIO, GUILTY beyond

reasonable doubt of trafficking in persons under paragraph (a), Section 4 as qualified
under paragraph (a), Section 6 of R.A. 9208 and sentenced to suffer imprisonment of
TWENTY (20) YEARS and to pay a fine of ONE MILLION (Php1,000,000.00).

Finally, accused is ordered to pay the costs of these proceedings.

SO ORDERED[.]32
Ruling of the Court of Appeals

The Court of Appeals affirmed the findings of the trial court but modified the fine
and awarded moral damages. The dispositive portion of the decision33 reads: chanroblesvirtuallawlibrary

WHEREFORE, in view of the foregoing premises, the instant appeal is hereby

DENIED. The assailed Decision dated 10 August 2010 promulgated by the Regional
Trial Court, Branch 14 in Cebu City in Crim. Case No. CBU-83122 is AFFIRMED
WITH MODIFICATIONS. The accused-appellant is accordingly sentenced to suffer
the penalty of life imprisonment and a fine of Php2,000,000 and is ordered to pay
each of the private complainants Php150,000 as moral damages.

SO ORDERED.34
Accused filed a notice of appeal35 on August 28, 2013, which the Court of Appeals
noted and gave due course in its resolution36 dated January 6, 2014.

The case records of CA-G.R. CEB-CR No. 01490 were received by this court on
March 17, 2014.37

In the resolution38 dated April 29, 2014, this court resolved to notify the parties that
they may file their respective supplemental briefs within 30 days from notice. This
court also required the Superintendent of the Correctional Institution for Women to
confirm the confinement of accused.39

Counsel for accused40 and the Office of the Solicitor General41 filed their respective
manifestations, stating that they would no longer file supplemental briefs considering
that all issues had been discussed in the appellants brief and appellees brief filed
before the Court of Appeals. Through a letter42 dated June 17, 2014, Superintendent
IV Rachel D. Ruelo confirmed accuseds confinement at the Correctional Institution
for Women since October 27, 2010.

The sole issue raised by accused is whether the prosecution was able to prove her
guilt beyond reasonable doubt.

However, based on the arguments raised in accuseds brief, the sole issue may be
dissected into the following:

(1) Whether the entrapment operation conducted by the police was valid,
considering that there was no prior surveillance and the police did not know the
subject of the operation;43

(2) Whether the prosecution was able to prove accuseds guilt beyond reasonable
doubt even though there was no evidence presented to show that accused has a
history of engaging in human trafficking;44 and

(3) Whether accused was properly convicted of trafficking in persons, considering

that AAA admitted that she works as a prostitute.45

Arguments of accused

Accused argues that there was no valid entrapment. Instead, she was instigated into
committing the crime.46 The police did not conduct prior surveillance and did not
even know who their subject was.47 Neither did the police know the identities of the
alleged victims.

Accused further argues that under the subjective test, she should be acquitted
because the prosecution did not present evidence that would prove she had a history
of engaging in human trafficking or any other offense. She denied being a pimp and
asserted that she was a laundrywoman.48 In addition, AAA admitted that she worked
as a prostitute. Thus, it was her decision to display herself to solicit customers.49

Arguments of the plaintiff-appellee

The Office of the Solicitor General, counsel for plaintiff-appellee People of the
Philippines, argued that the trial court did not err in convicting accused because
witnesses positively identified her as the person who solicited customers and
received money for AAA and BBB.50 Entrapment operations are valid and have been
recognized by courts.51 Likewise, her arrest in flagrante delicto is valid.52 Hence, the
trial court was correct in stating that accused had fully consummated the act of
trafficking of persons. . .53

We affirm accused Shirley A. Casios conviction.

I.

Background of Republic Act No. 9208

The United Nations Convention against Transnational Organized Crime (UN CTOC)
was adopted and opened for signature, ratification and accession54 on November
15, 2000. The UN CTOC is supplemented by three protocols: (1) the Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children; (2) the Protocol against the Smuggling of Migrants by Land, Sea and Air;
and, (3) the Protocol against the Illicit Manufacturing of and Trafficking in Firearms,
their Parts and Components and Ammunition.55

On December 14, 2000, the Philippines signed the United Nations Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children (Trafficking Protocol).56 This was ratified by the Philippine Senate on
September 30, 2001.57 The Trafficking Protocols entry into force was on December
25, 2003.58

In the Trafficking Protocol, human trafficking is defined as: chanrobl esvirtuallawlibrary

Article 3

Use of terms

For the purposes of this Protocol:

(a) Trafficking in persons shall mean the recruitment, transportation, transfer,

harbouring or receipt of persons, by means of the threat or use of force or other
forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a
position of vulnerability or of 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. Exploitation shall include, at a minimum, the exploitation of the
prostitution of others or other forms of sexual exploitation, forced labour or services,
slavery or practices similar to slavery, servitude or the removal of organs;

(b) The consent of a victim of trafficking in persons to the intended exploitation set
forth in subparagraph (a) of this article shall be irrelevant where any of the means set
forth in subparagraph (a) have been used;
(c) The recruitment, transportation, transfer, harbouring or receipt of a child for the
purpose of exploitation shall be considered trafficking in persons even if this does
not involve any of the means set forth in subparagraph (a) of this article;

(d) Child shall mean any person under eighteen years of age.
Senator Loren Legarda, in her sponsorship speech, stated that the Anti-Trafficking
Act will serve as the enabling law of the countrys commitment to [the] protocol.59

Senator Luisa Ejercito Estrada also delivered a sponsorship speech and described
trafficking in persons as follows:chanroblesvirtuallawlibrary

Trafficking in human beings, if only to emphasize the gravity of its hideousness, is

tantamount to modern-day slavery at work. It is a manifestation of one of the most
flagrant forms of violence against human beings. Its victims suffer the brunt of this
insidious form of violence. It is exploitation, coercion, deception, abduction, rape,
physical, mental and other forms of abuse, prostitution, forced labor, and indentured
servitude.

....

As of this time, we have signed the following: the Convention on the Elimination of
all Forms of Discrimination Against Women; the 1995 Convention on the Rights of
the Child; the United Nations Convention on the Protection of Migrant Workers and
their Families; and the United Nations Resolution on Trafficking in Women and
Girls, among others.

Moreover, we have also expressed our support for the United Nations Convention
Against Organized Crime, including the Trafficking Protocol in October last year.

At first glance, it appears that we are very responsive to the problem. So it seems.

Despite these international agreements, we have yet to come up with a law that shall
squarely address human trafficking.60
During the interpellation of Republic Act No. 9208, then numbered as Senate Bill
No. 2444, Senator Teresa Aquino-Oreta asked if there was a necessity for an anti-
trafficking law when other laws exist that cover trafficking.61

Senator Luisa Ejercito Estrada explained: chanroblesvirtuallawlibrary

At present, Mr. President, the relevant laws to the trafficking issue are the Revised
Penal Code, Republic Act No. 8042 or the Migrant Workers and Overseas Filipino
Act, R[epublic] A[ct] No. 6955 or the Mail-Order Bride Act, and Republic Act No.
8239 or the Philippine Passport Act. These laws address issues such as illegal
recruitment, prostitution, falsification of public documents and the mail-order bride
scheme. These laws do not respond to the issue of recruiting, harboring or
transporting persons resulting in prostitution, forced labor, slavery and slavery-like
practices. They only address to one or some elements of trafficking independent of
their results or consequence.62 (Emphasis supplied)
Thus, Republic Act No. 9208 was enacted in order to fully address the issue of
human trafficking. Republic Act No. 9208 was passed on May 12, 2003, and
approved on May 26, 2003.

II.

Elements of trafficking in persons

The elements of trafficking in persons can be derived from its definition under
Section 3(a) of Republic Act No. 9208, thus: chanrobl esvirtuallawlibrary

(1) The act of recruitment, transportation, transfer or harbouring, or receipt of

persons with or without the victims consent or knowledge, within or across
national borders.
(2) The means used which include threat or use of force, or other forms of
coercion, abduction, 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; and
(3) The purpose of trafficking is exploitation which includes exploitation or the
prostitution of others or other forms of sexual exploitation, forced labor or
services, slavery, servitude or the removal or sale of organs.63
On January 28, 2013, Republic Act No. 1036464 was approved, otherwise known as
the Expanded Anti-Trafficking in Persons Act of 2012. Section 3(a) of Republic
Act No. 9208 was amended by Republic Act No. 10364 as follows: chanroblesvirtuallawlibrary

SEC. 3. Section 3 of Republic Act No. 9208 is hereby amended to read as follows:

SEC. 3. Definition of Terms. As used in this Act:

(a) Trafficking in Persons refers to the recruitment, obtaining, hiring, providing,

offering, transportation, transfer, maintaining, harboring, or receipt of persons with
or without the victims consent or knowledge, within or across national borders by
means of threat, or use of force, or other forms of coercion, abduction, 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 the removal or sale
of organs.

The recruitment, transportation, transfer, harboring, adoption or receipt of a child

for the purpose of exploitation or when the adoption is induced by any form of
consideration for exploitative purposes shall also be considered as trafficking in
persons even if it does not involve any of the means set forth in the preceding
paragraph. (Emphasis supplied)
Under Republic Act No. 10364, the elements of trafficking in persons have been
expanded to include the following acts: chanroblesvirtuallawlibrary

(1) The act of recruitment, obtaining, hiring, providing, offering, transportation,

 transfer, maintaining, harboring, or receipt of persons with or without the
victims consent or knowledge, within or across national borders;
(2) The means used include by means of threat, or use of force, or other forms of
coercion, abduction, 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
(3) The purpose of trafficking includes the exploitation or the prostitution of others
or other forms of sexual exploitation, forced labor or services, slavery, servitude
or the removal or sale of organs (Emphasis supplied)
The Court of Appeals found that AAA and BBB were recruited by accused when
their services were peddled to the police who acted as decoys.65 AAA was a child at
the time that accused peddled her services.66 AAA also stated that she agreed to work
as a prostitute because she needed money.67 Accused took advantage of AAAs
vulnerability as a child and as one who need money, as proven by the testimonies of
the witnesses.68

III.

Knowledge or consent of the minor is not a defense under Republic Act No.
9208.

Accused claims that AAA admitted engaging in prostitution even before May 2,
2008. She concludes that AAA was predisposed to having sex with customers for
money.69 For liability under our law, this argument is irrelevant. As defined under
Section 3(a) of Republic Act No. 9208, trafficking in persons can still be committed
even if the victim gives consent.
SEC. 3. Definition of Terms. As used in this Act:

a. 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, abduction, fraud, deception, abuse of power
or of position, taking advantage of the vulnerability of the persons, 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
the 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 means set forth in the preceding
paragraph.70 (Emphasis supplied)

The victims consent is rendered meaningless due to the coercive, abusive, or

deceptive means employed by perpetrators of human trafficking.71 Even without the
use of coercive, abusive, or deceptive means, a minors consent is not given out of
his or her own free will.

Section 4 of Republic Act No. 9208 enumerates the different acts of trafficking in
persons. Accused was charged under Section 4(a), which states: chanroblesvirtuallawlibrary

SEC. 4. Acts of Trafficking in Persons. It shall be unlawful for any person, natural
or judicial, to commit any of the following acts.

a. To recruit, transport, transfer, harbor, provide, or receive a person by any means,

including those done under the pretext of domestic or overseas employment or
training or apprenticeship, for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;72
Republic Act No. 9208 further enumerates the instances when the crime of
trafficking in persons is qualified.
SEC. 6. Qualified Trafficking in Persons. The following are considered as
qualified trafficking:

a. When the trafficked person is a child;

b. When the adoption is effected through Republic Act No. 8043, otherwise
known as the Inter-Country Adoption Act of 1995 and said adoption is for
the purpose of prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;

c. When the crime is committed by a syndicate, or in large scale. Trafficking is

deemed committed by a syndicate if carried out by a group of three (3) or
more persons conspiring or confederating with one another. It is deemed
committed in large scale if committed against three (3) or more persons,
individually or as a group;

d. When the offender is an ascendant, parent, sibling, guardian or a person who

exercise authority over the trafficked person or when the offense is
committed by a public officer or employee;

e. When the trafficked person is recruited to engage in prostitution with any

member of the military or law enforcement agencies;

f. When the offender is a member of the military or law enforcement agencies;

and

g. When by reason or on occasion of the act of trafficking in persons, the

offended party dies, becomes insane, suffers mutilation or is afflicted with
Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency
Syndrome (AIDS). (Emphasis supplied)73

Section 3 (b) of Republic Act No. 9208 defines child as: chanroblesvirtuallawlibrary
SEC. 3. Definition of Terms. As used in this Act:

....

b. Child - refers to a person below eighteen (18) years of age or one who is over
eighteen (18) but is unable to fully take care of or protect himself/herself from
abuse, neglect, cruelty, exploitation, or discrimination because of a physical or
mental disability or condition.74
Based on the definition of trafficking in persons and the enumeration of acts of
trafficking in persons, accused performed all the elements in the commission of the
offense when she peddled AAA and BBB and offered their services to decoys PO1
Veloso and PO1 Luardo in exchange for money. The offense was also qualified
because the trafficked persons were minors.

Here, AAA testified as to how accused solicited her services for the customers
waiting at Queensland Motel. AAA also testified that she was only 17 years old
when accused peddled her. Her certificate of live birth was presented as evidence to
show that she was born on January 27, 1991.

The prosecution was able to prove beyond reasonable doubt that accused committed
the offense of trafficking in persons, qualified by the fact that one of the victims was
a child. As held by the trial court:
chanrobl esvirtuallawlibrary

[T]he act of sexual intercourse need not have been consummated for the mere
transaction i.e. that solicitation for sex and the handing over of the bust money
of Php.1,000.00 already consummated the said act.75
IV.

Validity of the entrapment operation

In People v. Doria,76 this court discussed the objective test and the subjective test to
determine whether there was a valid entrapment operation: chanrobl esvirtuallawlibrary

. . . American federal courts and a majority of state courts use the subjective or
origin of intent test laid down in Sorrells v. United States to determine whether
entrapment actually occurred. The focus of the inquiry is on the accused's
predisposition to commit the offense charged, his state of mind and inclination
before his initial exposure to government agents. All relevant facts such as the
accused's mental and character traits, his past offenses, activities, his eagerness in
committing the crime, his reputation, etc., are considered to assess his state of mind
before the crime. The predisposition test emphasizes the accused's propensity to
commit the offense rather than the officer's misconduct and reflects an attempt to
draw a line between a trap for the unwary innocent and the trap for the unwary
criminal. If the accused was found to have been ready and willing to commit the
offense at any favorable opportunity, the entrapment defense will fail even if a police
agent used an unduly persuasive inducement.

Some states, however, have adopted the objective test. . . . Here, the court
considers the nature of the police activity involved and the propriety of police
conduct. The inquiry is focused on the inducements used by government agents, on
police conduct, not on the accused and his predisposition to commit the crime. For
the goal of the defense is to deter unlawful police conduct. The test of entrapment is
whether the conduct of the law enforcement agent was likely to induce a normally
law-abiding person, other than one who is ready and willing, to commit the offense;
for purposes of this test, it is presumed that a law-abiding person would normally
resist the temptation to commit a crime that is presented by the simple opportunity to
act unlawfully. (Emphasis supplied, citations omitted)77
Accused argued that in our jurisprudence, courts usually apply the objective test in
determining the whether there was an entrapment operation or an instigation.78
However, the use of the objective test should not preclude courts from also applying
the subjective test. She pointed out that: chanrobl esvirtuallawlibrary

Applying the subjective test it is worth invoking that accused-appellant procures

income from being a laundry woman. The prosecution had not shown any proof
evidencing accused-appellants history in human trafficking or engagement in any
offense. She is not even familiar to the team who had has [sic] been apprehending
human traffickers for quite some time.79 (Citations omitted)
Accused further argued that the police should have conducted a prior surveillance
before the entrapment operation.

Time and again, this court has discussed the difference between entrapment and
instigation. In Chang v. People,80 this court explained that: chanrobl esvirtuallawlibrary

There is entrapment when law officers employ ruses and schemes to ensure the
apprehension of the criminal while in the actual commission of the crime. There is
instigation when the accused is induced to commit the crime. The difference in the
nature of the two lies in the origin of the criminal intent. In entrapment, the mens rea
originates from the mind of the criminal. The idea and the resolve to commit the
crime comes from him. In instigation, the law officer conceives the commission of
the crime and suggests to the accused who adopts the idea and carries it into
execution.81
Accused contends that using the subjective test, she was clearly instigated by the
police to commit the offense. She denied being a pimp and claimed that she earned
her living as a laundrywoman. On this argument, we agree with the finding of the
Court of Appeals: chanrobl esvirtuallawlibrary

[I]t was the accused-appellant who commenced the transaction with PO1 Luardo and
PO1 Veloso by calling their attention on whether they wanted girls for that evening,
and when the officers responded, it was the accused-appellant who told them to wait
while she would fetch the girls for their perusal.82
This shows that accused was predisposed to commit the offense because she initiated
the transaction. As testified by PO1 Veloso and PO1 Luardo, accused called out their
attention by saying Chicks mo dong? If accused had no predisposition to commit
the offense, then she most likely would not have asked PO1 Veloso and PO1 Luardo
if they wanted girls.

The entrapment would still be valid using the objective test. The police merely
proceeded to D. Jakosalem Street in Barangay Kamagayan. It was accused who
asked them whether they wanted girls. There was no illicit inducement on the part of
the police for the accused to commit the crime.

When accused was arrested, she was informed of her constitutional rights.83 The
marked money retrieved from her was recorded in the police blotter prior to the
entrapment operation and was presented in court as evidence.84

On accuseds alibi that she was merely out to buy her supper that night, the Court of
Appeals noted that accused never presented Gingging in court. Thus, her alibi was
unsubstantiated and cannot be given credence.85

With regard to the lack of prior surveillance, prior surveillance is not a condition for
an entrapment operations validity.86 In People v. Padua87 this court underscored the
value of flexibility in police operations: chanrobl esvirtuallawlibrary

A prior surveillance is not a prerequisite for the validity of an entrapment or buy-bust

operation, the conduct of which has no rigid or textbook method. Flexibility is a trait
of good police work. However the police carry out its entrapment operations, for as
long as the rights of the accused have not been violated in the process, the courts will
not pass on the wisdom thereof. The police officers may decide that time is of the
essence and dispense with the need for prior surveillance.88 (Citations omitted)
This flexibility is even more important in cases involving trafficking of persons. The
urgency of rescuing the victims may at times require immediate but deliberate action
on the part of the law enforcers.

V.

Imposition of fine and award of damages

The Court of Appeals properly imposed the amount of P2,000,000.00. Section 10 (b)
of Republic Act No. 9208 provides that: chanrobl esvirtuallawlibrary

SEC. 10. Penalties and Sanctions. The following penalties and sanctions are
hereby established for the offenses enumerated in this Act:

....

c. Any person found guilty of qualified trafficking under Section 6 shall suffer the
penalty of life imprisonment and a fine of not less than Two million pesos
(P2,000,000.00) but not more than Five million pesos (P5,000,000.00);
However, we modify by raising the award of moral damages from P150,000.0089 to
P500,000.00. We also award exemplary damages in the amount of P100,000.00.
These amounts are in accordance with the ruling in People v. Lalli90 where this court
held that:
chanrobl esvirtuallawlibrary

The payment of P500,000 as moral damages and P100,000 as exemplary damages

for the crime of Trafficking in Persons as a Prostitute finds basis in Article 2219 of
the Civil Code, which states: chanrobl esvirtuallawlibrary

Art. 2219. Moral damages may be recovered in the following and analogous cases:
(1) A criminal offense resulting in physical injuries;

(2) Quasi-delicts causing physical injuries;

(3) Seduction, abduction, rape, or other lascivious acts;

(4) Adultery or concubinage;

(5) Illegal or arbitrary detention or arrest;

(6) Illegal search;

(7) Libel, slander or any other form of defamation;

(8) Malicious prosecution;

(9) Acts mentioned in Article 309;

(10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34, and 35.

....
The criminal case of Trafficking in Persons as a Prostitute is an analogous case to the
crimes of seduction, abduction, rape, or other lascivious acts. In fact, it is worse. To
be trafficked as a prostitute without ones consent and to be sexually violated four to
five times a day by different strangers is horrendous and atrocious. There is no doubt
that Lolita experienced physical suffering, mental anguish, fright, serious anxiety,
besmirched reputation, wounded feelings, moral shock, and social humiliation when
she was trafficked as a prostitute in Malaysia. Since the crime of Trafficking in
Persons was aggravated, being committed by a syndicate, the award of exemplary
damages is likewise justified.91
Human trafficking indicts the society that tolerates the kind of poverty and its
accompanying desperation that compels our women to endure indignities. It reflects
the weaknesses of that society even as it convicts those who deviantly thrive in such
hopelessness. We should continue to strive for the best of our world, where our
choices of human intimacies are real choices, and not the last resort taken just to
survive. Human intimacies enhance our best and closest relationships. It serves as a
foundation for two human beings to face lifes joys and challenges while continually
growing together with many shared experiences. The quality of our human
relationships defines the world that we create also for others.

Regardless of the willingness of AAA and BBB, therefore, to be trafficked, we

affirm the text and spirit of our laws. Minors should spend their adolescence
moulding their character in environments free of the vilest motives and the worse of
other human beings. The evidence and the law compel us to affirm the conviction of
accused in this case.
But this is not all that we have done. By fulfilling our duties, we also express the
hope that our people and our government unite against everything inhuman. We
contribute to a commitment to finally stamp out slavery and human trafficking.

There are more AAAs and BBBs out there. They, too, deserve to be rescued. They,
too, need to be shown that in spite of what their lives have been, there is still much
good in our world.

WHEREFORE, premises considered, we AFFIRM the decision of the Court of

Appeals dated June 27, 2013, finding accused Shirley A. Casio guilty beyond
reasonable doubt of violating Section 4(a), qualified by Section 6(a) of Republic Act
No. 9208, and sentencing her to suffer the penalty of life imprisonment and a fine of
P2,000,000.00, with the MODIFICATION that accused-appellant shall not be
eligible for parole under Act No. 4103 (Indeterminate Sentence Law) in accordance
with Section 3 of Republic Act No. 9346.92

The award of damages is likewise MODIFIED as follows:

Accused is ordered to pay each of the private complainants:

(1) P500,000.00 as moral damages; and

(2) P100,000.00 as exemplary damages.

SO ORDERED.

Carpio, (Chairperson), Del Castillo, Villarama, Jr.,* and Mendoza, JJ., concur.
 SECOND DIVISION

PEOPLE OF THE PHILIPPINES, G.R. No. 195419

Plaintiff-Appellee,

Present:

- versus - CARPIO, J.,

Chairperson,

BRION,

SERENO,

HADJA JARMA LALLI y PURIH, REYES, and

RONNIE ARINGOY y MASION, PERLAS-

BERNABE,* JJ.

and NESTOR RELAMPAGOS (at large),

Accused.
HADJA JARMA LALLI y PURIH and Promulgated:

RONNIE ARINGOY y MASION,

Accused-Appellants. October 12, 2011

x-----------------------------------------------------------------------------------------x

DECISION

CARPIO, J.:

The Case

This is a consolidated criminal case filed against the accused-appellants for the crimes
of Illegal Recruitment (Criminal Case No. 21930) and Trafficking in Persons
(Criminal Case No. 21908).

The Regional Trial Court (RTC) of Zamboanga City, in its Decision dated 29
November 2005 (RTC Decision),1 found accused-appellants guilty beyond reasonable
doubt of the crimes of Illegal Recruitment and Trafficking in Persons committed by a
syndicate, and sentenced each of the accused to suffer the penalty of life
imprisonment plus payment of fines and damages. On appeal, the Court of Appeals
(CA) in Cagayan de Oro, in its Decision dated 26 February 2010 (CA Decision),2
affirmed in toto the RTC Decision. The accused-appellants appealed to this Court by
filing a Notice of Appeal3 in accordance with Section 3(c), Rule 122 of the Rules of
Court.
 The Facts

The findings of fact of the RTC, which were affirmed in toto by the CA, are as
follows:

In the evening of June 3, 2005, while Lolita Sagadsad Plando, 23 years old, single, was in
Tumaga, Zamboanga City on her way to the house of her grandfather, she met Ronnie
Masion Aringoy and Rachel Aringoy Caete. Ronnie greeted Lolita, Oy, its good you are
here (oy, maayo kay dia ka). Rachel asked Lolita if she is interested to work in Malaysia.
x x x Lolita was interested so she gave her cellphone number to Ronnie. After their
conversation, Lolita proceeded to her grandfathers house.

xxx

On June 4, 2005, at about 7:00 oclock in the morning, Lolita received a text message
from Ronnie Aringoy inviting her to go to the latters house. At 7:30 in the morning, they
met at Tumaga on the road near the place where they had a conversation the night before.
Ronnie brought Lolita to the house of his sister in Tumaga. Lolita inquired what job is
available in Malaysia. Ronnie told her that she will work as a restaurant entertainer. All
that is needed is a passport. She will be paid 500 Malaysian ringgits which is equivalent
to P7,000.00 pesos in Philippine currency. Lolita told Ronnie that she does not have a
passport. Ronnie said that they will look for a passport so she could leave immediately.
Lolita informed him that her younger sister, Marife Plando, has a passport. Ronnie chided
her for not telling him immediately. He told Lolita that she will leave for Malaysia on
June 6, 2005 and they will go to Hadja Jarma Lalli who will bring her to Malaysia.
Ronnie sent a text message to Lalli but the latter replied that she was not in her house.
She was at the city proper.

On June 5, 2005, at about 6:00 oclock in the evening, Ronnie Aringoy and Rachel
Aringoy Caete arrived on board a tricycle driven by Ronnie at the house where Lolita
was staying at Southcom Village. Ronnie asked if Lolita already had a passport. Lolita
said that she will borrow her sisters passport. Ronnie, Rachel and Lolita went to
Buenavista where Lolitas other sister, Gina Plando was staying. Her sister Marife Plando
was there at that time. Lolita asked Marife to let her use Marifes passport. Marife refused
but Lolita got the passport. Marife cried. Ronnie, Rachel and Lolita proceeded to
Tumaga. Ronnie, Rachel and Lolita went to the house of Hadja Jarma Lalli just two
hundred meters away from the house of Ronnie in Tumaga. Ronnie introduced Lolita to
Hadja Jarma, saying Ji, she is also interested in going to Malaysia. Lolita handed a
passport to Hadja Jarma telling her that it belongs to her sister Marife Plando. Hadja
Jarma told her it is not a problem because they have a connection with the DFA
(Department of Foreign Affairs) and Marifes picture in the passport will be substituted
with Lolitas picture. Nestor Relampagos arrived driving an owner-type jeep. Hadja Jarma
introduced Nestor to Lolita as their financier who will accompany them to Malaysia. x x
x Lolita noticed three other women in Hadja Jarmas house. They were Honey, about 20
years old; Michele, 19 years old, and another woman who is about 28 years old. The
women said that they are from Ipil, Sibugay Province. Ronnie told Lolita that she will
have many companions going to Malaysia to work. They will leave the next day, June 6,
and will meet at the wharf at 2:30 in the afternoon.

On June 6, 2005, Lolita went to Zamboanga City wharf at 2:00 oclock in the afternoon
bringing a bag containing her make-up and powder. She met at the wharf Hadja Jarma
Lalli, Ronnie Aringoy, Honey and Michele. Ronnie gave to Lolita her boat ticket for the
vessel M/V Mary Joy bound for Sandakan, Malaysia; a passport in the name of Marife
Plando but with Lolitas picture on it, and P1,000.00 in cash. Hadja Jarma, Lolita, Honey,
Michele and two other women boarded the boat M/V Mary Joy bound for Sandakan.
Ronnie Aringoy did not go with them. He did not board the boat. x x x After the boat
sailed, Hadja Jarma Lalli and Nestor Relampagos approached Lolita and her companions.
Nestor told them that they will have a good job in Malaysia as restaurant entertainers.
They will serve food to customers. They will not be harmed.

M/V Mary Joy arrived at the port of Sandakan, Malaysia at 10:00 oclock in the morning
of June 7, 2005. After passing through the immigration office, Hadja Jarma Lalli, Nestor
Relampagos, Lolita, Honey, Michele and two other women boarded a van for Kota
Kinabalu. x x x At the hotel, Nestor Relampagos introduced to Lolita and her companions
a Chinese Malay called Boss as their employer. After looking at the women, Boss brought
Lolita, Honey, Diane and Lorraine to a restaurant near the hotel. Diane and Lorraine were
also on baord M/V Mary Joy when it left the port of Zamboanga for Sandakan on June 6,
2005. When they were already at the restaurant, a Filipina woman working there said that
the place is a prostitution den and the women there are used as prostitutes. Lolita and her
companions went back to the hotel. They told Hadja Jarma and Nestor that they do not
like to work as prostitutes. x x x After about five minutes, another person called boss
arrived. x x x [T]hey were fetched by a van at about 7:00 oclock in the evening and
brought to Pipen Club owned by Boss Awa, a Malaysian. At the club, they were told that
they owe the club 2,000 ringgits each as payment for the amount given by the club to
Hadja Jarma Lalli and Nestor Relampagos. They will pay for the said amount by
entertaining customers. The customers will pay 300 ringgits for short time services of
which 50 ringgits will go to the entertainer, and 500 ringgits for over night service of
which 100 ringgits will be given to the entertainer. Pipen Club is a big club in a two-
storey building. There were about 100 women working in the club, many of them were
Filipina women.

Lolita Plando was forced to work as entertainer at Pipen Club. She started working at
8:30 in the evening of June 14, 2005. She was given the number 60 which was pinned on
her. That night, she had her first customer who selected her among the other women at
the club. He was a very big man, about 32 years old, a Chinese-Malay who looked like a
wrestler. The man paid for short time service at the counter. Lolita was given by the
cashier a small pink paper. She was instructed to keep it. A small yellow paper is given to
the entertainer for overnight services. The customer brought Lolita to a hotel. She did not
like to go with him but a boss at the club told her that she could not do anything. At the
hotel, the man poked a gun at Lolita and instructed her to undress. She refused. The man
boxed her on the side of her body. She could not bear the pain. The man undressed her
and had sexual intercourse with her. He had sexual intercourse with her every fifteen
minutes or four times in one hour. When the customer went inside the comfort room,
Lolita put on her clothes and left. The customer followed her and wanted to bring her
back to the hotel but Lolita refused. At about 1:00 oclock in the morning of June 15,
2005, Lolita was chosen by another customer, a tall dark man, about 40 years old. The
customer paid for an overnight service at the counter and brought Lolita to Mariner Hotel
which is far from Pipen Club. At the hotel, the man told Lolita to undress. When she
refused, the man brought her to the comfort room and bumped her head on the wall.
Lolita felt dizzy. The man opened the shower and said that both of them will take a bath.
Lolitas clothes got wet. She was crying. The man undressed her and had sexual
intercourse with her. They stayed at the hotel until 11:00 oclock in the morning of June
15, 2005. The customer used Lolita many times. He had sexual intercourse with her every
hour.

Lolita worked at Pipen Club from June 14 to July 8, 2005. Every night, a customer used
her. She had at least one customer or more a night, and at most, she had around five
customers a night. They all had sexual intercourse with her. On July 9, 2005, Lolita was
able to contact by cellphone at about 10:00 oclock in the morning her sister Janet Plando
who is staying at Sipangkot Felda x x x. Janet is married to Said Abubakar, an Indonesian
national who is working as a driver in the factory. x x x Lolita told Janet that she is in
Labuan, Malaysia and beg Janet to save her because she was sold as a prostitute. Janet
told Lolita to wait because her husband will go to Pipen Club to fetch Lolita at 9:00
oclock that evening of that day. x x x She told Janet to instruct her husband to ask for No.
60 at Pipen Club. x x x At 9:00 oclock in the evening, Lolita was told by Daddy Richard,
one of the bosses at the club, that a customer requested for No. 60. The man was seated at
one of the tables. Lolita approached the man and said, good evening. The man asked her
is she is the sister of Janet Plando. Lolita replied that she is, and asked the man if he is the
husband of her sister. He said, yes. The man had already paid at the counter. He stood up
and left the place. Lolita got her wallet and followed him. x x x Lolita told her sister
about her ordeal. She stayed at her sisters house until July 22, 2005. On July 21, 2005 at
7:00 oclock in the evening, a policeman went to her sisters house and asked if there is a
woman staying in the house without a passport. Her sister told the policeman that she will
send Lolita home on July 22. At dawn on July 22, Lolita and her brother-in-law took a
taxi from Sipangkot Felda to Mananamblas where Lolita will board a speedboat to
Sibuto, Tawi-Tawi. x x x

Upon arrival in Zamboanga City on July 24, 2005, Lolita went directly to the house of
her eldest sister Alejandra Plando Maywila at Sta. Catalina, Zamboanga City. She left her
things at her sisters house and immediately went to the sister of Ronnie Aringoy in
Tumaga. Ronnie was not there. She asked Russel, niece of Ronnie, to call for the latter.
Ronnie arrived and said to her, so you are here, you arrived already. He said he is not
involved in what happened to her. Lolita asked Ronnie to accompany her to the house of
Nestor Relampagos because she has something to get from him. Ronnie refused. He told
Lolita not to let them know that she had already arrived from Malaysia.

Lolita was advised to file a complaint with the police regarding her ordeal in Malaysia.
On August 2, 2005, at past 9:00 oclock in the morning, Lolita Plando went to Zamboanga
Police Office at Gov. Lim Avenue to file her complaint. x x x

In her Counter-Affidavit (Exh. 1; 1-A-Lalli), Hadja Jarma Lalli admitted that she met
Lolita Plando on June 6, 2005 on board M/V Mary Joy while the said vessel was at sea
on its way to Sandakan, Malaysia. The meeting was purely coincidental. By coincidence
also, Hadja Jarma, Nestor Relampagos and Lolita Plando boarded the same van for Kota
Kinabalu, Malaysia. Upon arrival, they parted ways. They did not see each other anymore
at Kota Kinabalu, Malaysia. She did not know what happened to them. She went to Kota
Kinabalu to visit his son-in-law. She denied having recruited Lolita Plando for
employment abroad (Exh. 1; 1-A). x x x

In his Counter-Affidavit (Exh. 1-Aringoy), Ronnie Aringoy affirmed that he personally

knows Lolita Plando since she was a teenager and he knows for a fact that her name is
Cristine and not Marife as she purports it to appear. Sometime in the first week of June
2005, Lolita borrowed P1,000.00 from Ronnie because she wanted to go to Malaysia to
work as a guest relation officer (GRO). Ronnie lent her P1,000.00. He told her that he
knows a certain Hadja Jarma Lalli, distant neighbor, who frequents to Malaysia and with
whom she can ask pertinent information on job opportunities. The entries in Philippine
Passport No. MM401136 issued to Hadja Jarma Lalli on January 29, 2004 (Exh. 2; 2-A to
2-Q) showed that she traveled to Malaysia no less than nine (9) times within the period
from March 2004 to June 2005.

xxx

Nora Mae Adling, ticketing clerk of Aleson Shipping Lines, owner of the vessel M/V
Mary Joy 2 plying Zamboanga City to Sandakan, Malaysia route and of M/V Kristel Jane
3, testified that Hadja Jarma Lalli bought passenger tickets for her travel to Sandakan, not
only for herself but also for other women passengers.

xxx

Ronnie Aringoy submitted the Affidavit of his witness Rachel Caete (Exh. 2) and the
Joint Affidavits of witnesses Mercedita Salazar and Estrella Galgan. Rachel Canete
declared that Lolita Plando whom she knows as Cristine Plando worked as a GRO (guest
relation officer) and massage attendant at Magic 2 Videoke and Massage Parlor, that
Lolita Plando has four children sired by different men; and that she knows for a fact that
Lolita Plando has been going to and from Malaysia to work in bars. When she testified in
court, Rachel did not present other evidence to substantiate her allegations. Mercedita
Salazar and Estrella Galgan declared in their Joint Affidavit that Lolita Plando who is
known to them as Marife Plando was their co-worker as massage attendant and GRO
(guest relation officer) at Magic 2 Massage Parlor and Karaoke bar where she used the
names Gina Plando and Cristine Plando. She worked in the said establishment for nine
months from February to October 2002. She has four children from four different men.
No other evidence was submitted in court to prove their assertions.4
 The Decision of the Trial Court

The Regional Trial Court rendered its Decision on 29 November 2005, with its
dispositive portion declaring:

WHEREFORE, the Court finds accused HADJA JARMA LALLI y PURIH and RONNIE
ARINGOY y MASION GUILTY beyond reasonable doubt in Criminal Case No. 21908
of the Crime of Trafficking in Persons defined in Section 3(a) and penalized under
Section 10(c) in relation to Sections 4(a) and 6(c) of Republic Act No. 9208 known as the
Anti-Trafficking in Persons Act of 2003 and in Criminal Case No. 21930 of the crime of
Illegal Recruitment defined in Section 6 and penalized under Section 7(b) of Republic
Act No. 8042 known as the Migrant Workers and Overseas Filipinos Act of 1995 and
SENTENCES each of said accused:

1. In Criminal Case No. 21908, to suffer the penalty of LIFE IMPRISONMENT and to pay
a fine of P2,000,000.00 pesos;

2. In Criminal Case No. 21930, to suffer the penalty of LIFE IMPRISONMENT and to pay
a fine of P500,000.00 pesos;

3. To pay the offended party Lolita Plando y Sagadsad, jointly and severally, the sum of
P50,000.00 as moral damages, and P50,000.00 as exemplary damages; and

4. To pay the costs.

SO ORDERED.5
The trial court did not find credible the denials of the accused-appellants over the
candid, positive and convincing testimony of complainant Lolita Plando (Lolita). The
accused, likewise, tried to prove that Lolita was a Guest Relations Officer (GRO) in
the Philippines with four children fathered by four different men. However, the trial
court found these allegations irrelevant and immaterial to the criminal prosecution.
These circumstances, even if true, would not exempt or mitigate the criminal liability
of the accused. The trial court found that the accused, without a POEA license,
conspired in recruiting Lolita and trafficking her as a prostitute, resulting in crimes
committed by a syndicate.6 The trial court did not pronounce the liability of accused-
at-large Nestor Relampagos (Relampagos) because jurisdiction was not acquired over
his person.

The Decision of the Court of Appeals

On 26 February 2010, the Court of Appeals affirmed in toto the RTC Decision and
found accused-appellants guilty beyond reasonable doubt of the crimes of Illegal
Recruitment and Trafficking in Persons.

The Issue

The only issue in this case is whether the Court of Appeals committed a reversible
error in affirming in toto the RTC Decision.

The Ruling of this Court

We dismiss the appeal for lack of merit.

We modify and increase the payment of damages in the crime of Trafficking in

Persons from P50,000 to P500,000 for moral damages and P50,000 to P100,000 for
exemplary damages.
 Grounds for Appeal

In his Appeal Brief,7 Ronnie Aringoy (Aringoy) admits that he referred Lolita to a
certain Hadja Jarma Lalli (Lalli), Aringoys neighbor who frequents Malaysia and
from whom Lolita could ask pertinent information on job opportunities. 8 Aringoy
claims that he learned later that Lolita left for Malaysia. 9 He denies knowing
Relampagos to whom Lolita paid P28,000 as placement fee for finding her work in
Malaysia.10

Aringoy presented three witnesses: his niece Rachel Aringoy Caete (Rachel),
Mercedita Salazar (Mercedita), and Estrella Galgan (Estrella). In her testimony,
Rachel declared that: (1) Lolita is a GRO and Massage Attendant at Magic 2 Videoke
and Massage Parlor; (2) Lolita has four children sired by different men; and (3) Lolita
has been travelling to Malaysia to work in bars. Mercedita and Estrella, on the other
hand, declared in their testimonies that Lolita was their co-worker as Massage
Attendant and GRO in Magic 2 Massage Parlor and Karaoke Bar from February to
October 2002.11

Aringoy assailed the credibility of Lolitas testimony because of inconsistencies with

regard to: (1) Lolitas grandfathers status and name; (2) the persons (Ronnie and
Rachel) who approached Lolita to talk about the job opportunity in Malaysia; (3)
certain statements in Lolitas testimony that were not alleged in her Sworn Statement;
(4) payment of placement fee of 28,000; and (5) names of the other female recruits
who were with Lolita in the boat going to Sandakan and Kota Kinabalu. 12 Aringoy
likewise claims that he was never included in the initial complaint filed by Lolita, and
Lolitas statements about her meetings with him, Lalli and Relampagos on 3, 4, 5 and 6
June 2005 were not corroborated by any witness. 13

On the other hand, in her Appeal Brief,14 Lalli claims that she simply met Lolita on 6
June 2005 on board the ship M/V Mary Joy bound for Sandakan, Malaysia. 15 Lalli
denies having met Lolita prior to their meeting on board M/V Mary Joy.16 Lalli claims
she was going to Malaysia to visit her daughter and son-in-law who was a Malaysian
national.17 Lalli further claims that she only spoke to Lolita aboard the ship for idle
conversation to pass away the time.18 In this conversation, she learned that Lolita was
with a party of girls accompanied by Relampagos, and the latter was bringing them to
Malaysia to work as sales ladies.19 Lalli admits that Lolita, Relampagos and the other
girls rode in Lallis van in Sandakan, driven by a friend of Lallis son-in-law.20 They all
rode together because Relampagos talked to the van driver, requesting if he and his
party of girls could board the van and pay their fare when they reach the city proper of
Kota Kinabalu.21 Lalli boarded the van with Lolita, Relampagos and their
companions.22 Upon reaching her destination, Lalli got off the van, leaving Lolita,
Relampagos and their other companions to continue their journey towards the city
proper of Kota Kinabalu.23 After spending several days in Malaysia with her daughter
and son-in-law, Lalli went to Brunei to visit a cousin on 12 June 2005, and headed
back to Malaysia on 14 June 2005.24

Lalli assails the credibility of Lolita due to inconsistencies in her testimony with
regard to: (1) Lolita not being in Southcom Village on 5 June 2005 at 6:00 p.m., as she
claimed, but in Buenavista Village; and (2) Lolitas claim that Lalli and Relampagos
on 12 June 2005 brought the girls to Labuan, when in fact, Lalli was already in Brunei
on 12 June 2005, as evidenced by the stamp in her passport. 25

Credibility of Testimonies

Both Aringoy and Lalli, in their respective Appeal Briefs, assail the testimony of
Lolita due to its alleged inconsistency on immaterial facts, such as the status of Lolitas
grandfather, the name of the village she was in, the date she was brought to Labuan,
Malaysia, and the like. In a long line of cases, the Court has ruled that inconsistencies
pointed out by the accused in the testimony of prosecution witnesses relating to minor
details do not destroy the credibility of witnesses. 26 On the contrary, they indicate that
the witnesses were telling the truth and not previously rehearsed. 27

The clear material inconsistency in this case, however, lies in the testimonies of
accused Aringoy and Lalli. Aringoy admitted that he referred Lolita to a certain Hadja
Jarma Lalli, his neighbor who frequents Malaysia and with whom Lolita could ask
pertinent information on job opportunities.28 Lalli, on the other hand, denies having
met Lolita prior to their meeting on board M/V Mary Joy on 6 June 2005,29 and claims
that her meeting with Lolita was purely coincidental. 30 Lalli admits that, even if she
met Relampagos, Lolita and their companions only on that day on board M/V Mary
Joy, she allowed these people to ride with her in Malaysia using the van driven by the
friend of Lallis son-in-law.31 Lastly, Lalli claims that she often goes to Malaysia to
visit her daughter and son-in-law.32 However, this does not explain why Lalli
purchased boat tickets, not only for herself, but for the other women passengers going
to Malaysia.33 From March 2004 to June 2005, Lalli traveled to Malaysia no less than
nine (9) times.34 Nora Mae Adling, ticketing clerk of Aleson Shipping Lines, owner of
the vessel M/V Mary Joy 2 plying Zamboanga City to Sandakan, Malaysia route and
of M/V Kristel Jane 3, testified in open court that Hadja Jarma Lalli bought passenger
tickets for her travel to Sandakan, not only for herself but also for other women
passengers.35 Clearly, it is not Lolitas testimony that is materially inconsistent, but the
testimonies of Lalli and Aringoy.

Aringoy presented his witnesses Rachel, Mercedita and Estrella to impeach the
credibility of Lolita by alleging that Lolita was a Massage Attendant and GRO in a
massage parlor and videoke bar. His witness Rachel further declared that Lolita, at the
young age of 23 years, already had four children sired by four different men, and had
been previously travelling to Malaysia to work in bars. These bare allegations were
not supported by any other evidence. Assuming, for the sake of argument, that Lolita
previously worked in a Karaoke Bar and Massage Parlor and that she had four
children from different men, such facts cannot constitute exempting or mitigating
circumstances to relieve the accused from their criminal liabilities. It does not change
the fact that the accused recruited Lolita to work in Malaysia without the requisite
POEA license, thus constituting the crime of illegal recruitment. Worse, the accused
deceived her by saying that her work in Malaysia would be as restaurant entertainer,
when in fact, Lolita would be working as a prostitute, thus, constituting the crime of
trafficking.

The facts found by the trial court, as affirmed in toto by the Court of Appeals, are, as a
general rule, conclusive upon this Court, in the absence of any showing of grave abuse
of discretion.36 The Court, however, may determine the factual milieu of cases or
controversies under specific circumstances, such as:

(1) when the inference made is manifestly mistaken, absurd or

impossible;

(2) when there is a grave abuse of discretion;

(3) when the finding is grounded entirely on speculations, surmises or

conjectures;
 (4) when the judgment of the Court of Appeals is based on
misapprehension of facts;

(5) when the findings of fact are conflicting;

(6) when the Court of Appeals, in making its findings, went beyond the
issues of the case and the same is contrary to the admissions of both
appellant and appellee;

(7) when the findings of the Court of Appeals are contrary to those of
the trial court;

(8) when the findings of fact are conclusions without citation of specific
evidence on which they are based;

(9) when the Court of Appeals manifestly overlooked certain relevant

facts not disputed by the parties and which, if properly considered,
would justify a different conclusion; and

(10) when the findings of fact of the Court of Appeals are premised on the
absence of evidence and are contradicted by the evidence on
record.37

In this case, none of these exceptions to the general rule on conclusiveness of facts are
applicable. The Court gives weight and respect to the trial courts findings in criminal
prosecution because the latter is in a better position to decide the question, having
heard the witnesses in person and observed their deportment and manner of testifying
during the trial.38 For this reason, the Court adopts the findings of fact of the trial
court, as affirmed in toto by the Court of Appeals, there being no grave abuse of
discretion on the part of the lower courts.

Criminal Case No. 21930 (Illegal Recruitment)

Section 6 of Republic Act No. 8042 (RA 8042) defines illegal recruitment, as follows:

[I]llegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting,
utilizing, hiring, or procuring workers and includes referring, contact services, promising
or advertising for employment abroad, whether for profit or not, when undertaken by
a non-licensee or non-holder of authority contemplated under Article 13(f) of
Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the
Philippines.

xxx

Illegal recruitment when committed by a syndicate or in large scale shall be considered

an offense involving economic sabotage.

xxx

Illegal recruitment is deemed committed by a syndicate if carried out by a group of three

(3) or more persons conspiring or confederating with one another. (Emphasis supplied)

Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as the
Labor Code of the Philippines, defines authority as follows:

Authority means a document issued by the Department of Labor authorizing a person or

association to engage in recruitment and placement activities as a private recruitment
entity.

Section 7 of RA 8042 provides for the penalty of illegal recruitment committed by a

syndicate (which constitutes economic sabotage), as follows:
 (b) The penalty of life imprisonment and a fine of not less than Five hundred thousand
pesos (P500,000.00) nor more than One million pesos (P1,000,000.00) shall be imposed
if illegal recruitment constitutes economic sabotage as defined therein.

It is clear that a person or entity engaged in recruitment and placement activities

without the requisite authority from the Department of Labor and Employment
(DOLE), whether for profit or not, is engaged in illegal recruitment. 39 The Philippine
Overseas Employment Administration (POEA), an agency under DOLE created by
Executive Order No. 797 to take over the duties of the Overseas Employment
Development Board, issues the authority to recruit under the Labor Code. The
commission of illegal recruitment by three or more persons conspiring or
confederating with one another is deemed committed by a syndicate and constitutes
economic sabotage,40 for which the penalty of life imprisonment and a fine of not less
than 500,000 but not more than 1,000,000 shall be imposed.41

The penalties in Section 7 of RA 8042 have already been amended by Section 6 of

Republic Act No. 10022, and have been increased to a fine of not less than
2,000,000 but not more than 5,000,000. However, since the crime was committed
in 2005, we shall apply the penalties in the old law, RA 8042.

In People v. Gallo,42 the Court enumerated the elements of syndicated illegal

recruitment, to wit:

1. the offender undertakes either any activity within the meaning of recruitment and
placement defined under Article 13(b), or any of the prohibited practices enumerated
under Art. 34 of the Labor Code;

2. he has no valid license or authority required by law to enable one to lawfully engage in
recruitment and placement of workers; and

3. the illegal recruitment is committed by a group of three (3) or more persons conspiring or
confederating with one another.43
Article 13(b) of the Labor Code of the Philippines defines recruitment and placement
as any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or
procuring workers, and includes referrals, contract services, promising or advertising
for employment, locally or abroad, whether for profit or not, provided, that any person
or entity which, in any manner, offers or promises for a fee, employment to two or
more persons shall be deemed engaged in recruitment and placement.

Clearly, given the broad definition of recruitment and placement, even the mere act of
referring someone for placement abroad can be considered recruitment. Such act of
referral, in connivance with someone without the requisite authority or POEA license,
constitutes illegal recruitment. In its simplest terms, illegal recruitment is committed
by persons who, without authority from the government, give the impression that they
have the power to send workers abroad for employment purposes. 44

In this case, the trial court, as affirmed by the appellate court, found Lalli, Aringoy
and Relampagos to have conspired and confederated with one another to recruit and
place Lolita for work in Malaysia, without a POEA license. The three elements of
syndicated illegal recruitment are present in this case, in particular: (1) the accused
have no valid license or authority required by law to enable them to lawfully engage
in the recruitment and placement of workers; (2) the accused engaged in this activity
of recruitment and placement by actually recruiting, deploying and transporting Lolita
to Malaysia; and (3) illegal recruitment was committed by three persons (Aringoy,
Lalli and Relampagos), conspiring and confederating with one another.

Aringoy claims and admits that he only referred Lolita to Lalli for job opportunities to
Malaysia. Such act of referring, whether for profit or not, in connivance with someone
without a POEA license, is already considered illegal recruitment, given the broad
definition of recruitment and placement in the Labor Code.

Lalli, on the other hand, completely denies any involvement in the recruitment and
placement of Lolita to Malaysia, and claims she only met Lolita for the first time by
coincidence on board the ship M/V Mary Joy. Lallis denial does not deserve credence
because it completely conflicts with the testimony of Aringoy who claims he referred
Lolita to Lalli who had knowledge of the job opportunities in Malaysia.

The conflicting testimonies of Lalli and Aringoy on material facts give doubt to the
truth and veracity of their stories, and strengthens the credibility of the testimony of
Lolita, despite allegations of irrelevant inconsistencies.
No improper motive could be imputed to Lolita to show that she would falsely testify
against the accused. The absence of evidence as to an improper motive entitles Lolitas
testimony to full faith and credit.45

Aringoy claims that no conspiracy existed in illegal recruitment, as he denies even

knowing Relampagos, who is currently at-large. Lalli denies any involvement in the
illegal recruitment, and claims that she only met Relampagos through Lolita on board
the ship M/V Mary Joy on 6 June 2005, and learned that Relampagos was bringing
Lolita and their other girl companions to Malaysia to work as sales ladies.

Under Article 8 of the Revised Penal Code, there is conspiracy when two or more
persons come to an agreement concerning the commission of a felony and decide to
commit it.

In People v. Lago,46 the Court discussed conspiracy in this wise:

The elements of conspiracy are the following: (1) two or more persons came to an
agreement, (2) the agreement concerned the commission of a felony, and (3) the
execution of the felony was decided upon. Proof of the conspiracy need not be based on
direct evidence, because it may be inferred from the parties conduct indicating a common
understanding among themselves with respect to the commission of the crime. Neither is
it necessary to show that two or more persons met together and entered into an explicit
agreement setting out the details of an unlawful scheme or objective to be carried out.
The conspiracy may be deduced from the mode or manner in which the crime was
perpetrated; it may also be inferred from the acts of the accused evincing a joint or
common purpose and design, concerted action and community of interest. 47

In this case, Lolita would not have been able to go to Malaysia if not for the concerted
efforts of Aringoy, Lalli and Relampagos. First, it was Aringoy who knew Lolita,
since Aringoy was a neighbor of Lolitas grandfather. It was Aringoy who referred
Lolita to Lalli, a fact clearly admitted by Aringoy. Second, Lolita would not have
been able to go to Malaysia if Lalli had not purchased Lolitas boat ticket to Malaysia.
This fact can be deduced from the testimony of Nora Mae Adling (Nora), ticketing
clerk of Aleson Shipping Lines, owner of the vessel M/V Mary Joy 2 plying
Zamboanga City to Sandakan, Malaysia route and of M/V Kristel Jane 3. Nora
testified in open court that Hadja Jarma Lalli bought passenger tickets for her travel to
Sandakan, not only for herself but also for other women passengers. Lallis claim that
she only goes to Malaysia to visit her daughter and son-in-law does not explain the
fact why she bought the boat tickets of the other women passengers going to
Malaysia. In fact, it appears strange that Lalli visited Malaysia nine (9) times in a span
of one year and three months (March 2004 to June 2005) just to visit her daughter and
son-in-law. In Malaysia, it was Relampagos who introduced Lolita and her
companions to a Chinese Malay called Boss as their first employer. When Lolita and
her companions went back to the hotel to tell Relampagos and Lalli that they did not
want to work as prostitutes, Relampagos brought Lolita and the girls on board a van to
Sangawan China Labuan, where they stayed in a room for one night. The next day,
they were picked up by a van and brought to Pipen Club, where Lolita and her
companions worked as prostitutes. To date, accused Relampagos is at large and has
not been brought under the jurisdiction of the courts for his crimes.

Flight in criminal law is the evading of the course of justice by voluntarily

withdrawing oneself in order to avoid arrest or detention or the institution or
continuance of criminal proceedings.48 The unexplained flight of an accused person
may as a general rule be taken into consideration as evidence having a tendency to
establish his guilt.49 Clearly, in this case, the flight of accused Relampagos, who is still
at-large, shows an indication of guilt in the crimes he has been charged.

It is clear that through the concerted efforts of Aringoy, Lalli and Relampagos, Lolita
was recruited and deployed to Malaysia to work as a prostitute. Such conspiracy
among Aringoy, Lalli and Relampagos could be deduced from the manner in which
the crime was perpetrated each of the accused played a pivotal role in perpetrating the
crime of illegal recruitment, and evinced a joint common purpose and design,
concerted action and community of interest.

For these reasons, this Court affirms the CA Decision, affirming the RTC Decision,
declaring accused Ronnie Aringoy y Masion and Hadja Jarma Lalli y Purih guilty
beyond reasonable doubt of the crime of illegal recruitment committed by a syndicate
in Criminal Case No. 21930, with a penalty of life imprisonment and a fine of
500,000 imposed on each of the accused.

Criminal Case No. 21908 (Trafficking in Persons)

Section 3(a) of Republic Act No. 9208 (RA 9208), otherwise known as the Anti-
Trafficking in Persons Act of 2003, defines Trafficking in Persons, as follows:

Trafficking in Persons refers to the recruitment, transportation, transfer or harboring, or

receipt of persons with or without the victims consent or knowledge, within or across
national borders by means of threat or use of force, or other forms of coercion, abduction,
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 the removal or sale of organs.
x x x (Emphasis supplied)

Section 4 of RA 9208 enumerates the prohibited acts of Trafficking in Persons, one of

which is:

(a) To recruit, transport, transfer, harbor, provide, or receive a person by any means,
including those done under the pretext of domestic or overseas employment or training or
apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt bondage.

The crime of Trafficking in Persons is qualified when committed by a syndicate, as

provided in Section 6(c) of RA 9208:

(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed
committed by a syndicate if carried out by a group of three (3) or more persons
conspiring or confederating with one another. It is deemed committed in large scale if
committed against three (3) or more persons, individually or as a group.
Section 10(c) of RA 9208 provides for the penalty of qualified trafficking:

(c) Any person found guilty of qualified trafficking under Section 6 shall suffer the
penalty of life imprisonment and a fine of not less than Two million pesos
(P2,000,000.00) but not more than Five million pesos (P5,000,000.00).

The Anti-Trafficking in Persons Act is a new law passed last 26 May 2003, designed
to criminalize the act of trafficking in persons for prostitution, sexual exploitation,
foced labor and slavery, among others.

In this case, Aringoy claims that he cannot be convicted of the crime of Trafficking in
Persons because he was not part of the group that transported Lolita from the
Philippines to Malaysia on board the ship M/V Mary Joy. In addition, he presented his
niece, Rachel, as witness to testify that Lolita had been travelling to Malaysia to work
in bars. On the other hand, Lalli denies any involvement in the recruitment and
trafficking of Lolita, claiming she only met Lolita for the first time on board M/V
Mary Joy going to Malaysia.

The testimony of Aringoys niece, Rachel, that Lolita had been travelling to Malaysia
to work in bars cannot be given credence. Lolita did not even have a passport to go to
Malaysia and had to use her sisters passport when Aringoy, Lalli and Relampagos first
recruited her. It is questionable how she could have been travelling to Malaysia
previously without a passport, as Rachel claims. Moreover, even if it is true that Lolita
had been travelling to Malaysia to work in bars, the crime of Trafficking in Persons
can exist even with the victims consent or knowledge under Section 3(a) of RA 9208.

Trafficking in Persons under Sections 3(a) and 4 of RA 9208 is not only limited to
transportation of victims, but also includes the act of recruitment of victims for
trafficking. In this case, since it has been sufficiently proven beyond reasonable doubt,
as discussed in Criminal Case No. 21930, that all the three accused (Aringoy, Lalli
and Relampagos) conspired and confederated with one another to illegally recruit
Lolita to become a prostitute in Malaysia, it follows that they are also guilty beyond
reasonable doubt of the crime of Qualified Trafficking in Persons committed by a
syndicate under RA 9208 because the crime of recruitment for prostitution also
constitutes trafficking.

When an act or acts violate two or more different laws and constitute two different
offenses, a prosecution under one will not bar a prosecution under the other.50 The
constitutional right against double jeopardy only applies to risk of punishment twice
for the same offense, or for an act punished by a law and an ordinance. 51 The
prohibition on double jeopardy does not apply to an act or series of acts constituting
different offenses.

DAMAGES

Lolita claimed actual damages of 28,000, which she allegedly paid to the accused as
placement fee for the work of restaurant entertainer in Malaysia. The trial court did
not award this amount to Lolita. We agree and affirm the trial courts non-award due to
Lolitas inconsistent statements on the payment of placement fee. In her sworn
statement, Lolita alleged that she paid 28,000 as placement fee to Lalli.52 On cross-
examination, however, she admitted that she never paid 28,000 to the accused.53

We, however, modify and increase the payment of damages in the crime of Trafficking
in Persons from 50,000 to 500,000 as moral damages and 50,000 to 100,000 as
exemplary damages.

The Civil Code describes moral damages in Article 2217:

Art. 2217. Moral damages include physical suffering, mental anguish, fright, serious
anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and
similar injury. Though incapable of pecuniary computation, moral damages may be
recovered if they are the proximate result of the defendants wrongful act for omission.
Exemplary damages, on the other hand, are awarded in addition to the payment of
moral damages, by way of example or correction for the public good, as stated in the
Civil Code:

Art. 2229. Exemplary or corrective damages are imposed, by way of example or

correction for the public good, in addition to the moral, temperate, liquidated or
compensatory damages.

Art. 2230. In criminal offenses, exemplary damages as a part of the civil liability may be
imposed when the crime was committed with one or more aggravating circumstances.
Such damages are separate and distinct from fines and shall be paid to the offended party.

The payment of 500,000 as moral damages and 100,000 as exemplary damages for
the crime of Trafficking in Persons as a Prostitute finds basis in Article 2219 of the
Civil Code, which states:

Art. 2219. Moral damages may be recovered in the following and analogous cases:

(1) A criminal offense resulting in physical injuries;

(2) Quasi-delicts causing physical injuries;

(3) Seduction, abduction, rape, or other lascivious acts;

(4) Adultery or concubinage;

(5) Illegal or arbitrary detention or arrest;

(6) Illegal search;

(7) Libel, slander or any other form of defamation;

(8) Malicious prosecution;

(9) Acts mentioned in Article 309;

 (10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34, and 35.

The parents of the female seduced, abducted, raped, or abused, referred to in No. 3 of this
article, may also recover moral damages.

The spouse, descendants, ascendants, and brothers and sisters may bring the action
mentioned in No. 9 of this article, in the order named.

The criminal case of Trafficking in Persons as a Prostitute is an analogous case to the

crimes of seduction, abduction, rape, or other lascivious acts. In fact, it is worse. To be
trafficked as a prostitute without ones consent and to be sexually violated four to five
times a day by different strangers is horrendous and atrocious. There is no doubt that
Lolita experienced physical suffering, mental anguish, fright, serious anxiety,
besmirched reputation, wounded feelings, moral shock, and social humiliation when
she was trafficked as a prostitute in Malaysia. Since the crime of Trafficking in
Persons was aggravated, being committed by a syndicate, the award of exemplary
damages is likewise justified.

WHEREFORE, we AFFIRM the Decision of the Court of Appeals dated 26

February 2010, affirming the Decision of the Regional Trial Court of Zamboanga City
dated 29 November 2005, finding accused Lalli and Aringoy guilty beyond reasonable
doubt of the crimes of Illegal Recruitment and Trafficking in Persons committed by a
syndicate, with the following MODIFICATIONS:

1. In Criminal Case No. 21908, each of the accused is sentenced to suffer the
penalty of LIFE IMPRISONMENT and to pay a fine of 2,000,000;

2. In Criminal Case No. 21930, each of the accused is sentenced to suffer the
penalty of LIFE IMPRISONMENT and to pay a fine of 500,000;

3. Each of the accused is ordered to pay the offended party Lolita Plando y
Sagadsad, jointly and severally, the sum of 500,000 as moral damages, and
 100,000 as exemplary damages for the crime of Trafficking in Persons; and to
pay the costs.

The Court cannot pronounce the liability of accused-at-large Nestor Relampagos as

jurisdiction over his person has not been acquired.

SO ORDERED.