People v. Monsanto

 

People v. Monsanto

G.R. No. 241247

March 20, 2019

FACTS:

                RTC and CA convicted Reynold Monsanto y Familaran/Pamilaran for the crime of child trafficking. That sometime in or before February 2013, in the City of Manila, Philippines, the said accused, did then and there willfully, unlawfully and knowingly, for purposes of prostitution, pornography or sexual exploitation, in consideration of price, reward or promise, recruit and transport to Manila AAA, a minor, 16 years old, under the pretext of living-in together with the accused and with the promise that he would be sending her to school. That the crime is committed with the qualifying circumstances that the trafficked person is below 18 years old and the aggravating circumstances of having committed the crime in consideration of price, reward or promise. The other case is that sometime in February, 2013, in the City of Manila, Philippines, the said accused, did then and there willfully, unlawfully and knowingly, acting as procurer of a child prostitute, where she is required to go out with foreign men, and in return, give monetary consideration with intent to engage and actually engage in prostitution, minor AAA, a minor 16 years old, against her will and consent, to her damage and prejudice.

ISSUE:

                Whether or not the prosecution failed to prove his guilt.

HELD:

                No. in People v. Ocdol, It is well settled that the evaluation of the credibility of witnesses and their testimonies is a matter best undertaken by the trial court because of its unique opportunity to observe the witnesses firsthand and to note their demeanor, conduct, and attitude under grilling examination. As reiterated in People v. Ortega: It bears emphasis that when the offended parties are young and immature girls from the ages of twelve to sixteen, courts are inclined to lend credence to their version of what transpired, considering not only their relative vulnerability but also the shame and embarrassment to which they would be exposed by court trial if the matter about which they testified is not true. Section 4 (a) and (e), in relation to Section 6 (a) of R.A. No. 9208 or the Anti-Trafficking in Persons Act of 2003, as expanded in 2012 by R.A. No. 10364. The pertinent provisions state: Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, 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; x x x x (e) To maintain or hire a person to engage in prostitution or pornography; x x x x Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking: (a) When the trafficked person is a child; In People v. Casio, this Court derived the elements of trafficking in persons, namely: (1) The act of "recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, harboring, or receipt of persons with or without the victim's 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;" and (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."

                AAA transferred from Valenzuela City to move in with accused-appellant in Manila with the expectation that he would provide for her studies and because they were already lovers. As it turned out, accused-appellant manipulated and coerced AAA into engaging in prostitution with foreign men, from which income he also benefited. Accused-appellant himself admitted that his earnings were not enough to support himself and AAA when he took her under his wing. Despite the fact that they could barely afford to pay their rent and basic necessities, AAA eventually acquired an iPad and a laptop computer. The Court finds it incredible that accused-appellant was turning a blind eye to the source of these items, or that he also had no hand in AAA's engagement in prostitution. Initiation into the flesh trade with foreign clients requires a level of familiarity with its ways and inner workings that an untrained minor, particularly one living under the same roof and under the economic control of her middle-aged lover, would not have stumbled into on her own.  Wherefore, appeal is dismissed. Pamilaran is guilty of violating RA 10364.

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