People v. Ramirez
G.R.
No. 217978
January
30, 2019
FACTS:
RTC and
CA convicted Nancy Lasaca Ramirez a.k.a Zoy or Soy of qualified trafficking of
persons in relation to Sec4 (e) of RA 9208 or the Anti-Trafficking in Persons
Act of 2003. In Lapu-Lapu City, police officers were disguised as customers of
a KTV bar. Two girls, AAA and BBB, approached them but the police wanted to get
two more girls. Later on, Ramirez came and went to get two more girls Nica and
Cindy. When they were in a taxi going to a motel, the police handed them
Php2,400 and informed the girls that they were policemen. BBB, a minor,
testified that she was pimped by Ramirez several times already. That on the
night of the incident, Ramirez approached her and asked if she wanted to have
sex for Php200. AAA also a minor, likewise testified that Ramirez pimped her
twice already and she knew that Ramirez was a pimp because she would negotiate
prices, get girls to have sex with customers, and get commission from it.
Ramirez, however, said that at about 9pm, she and her sister Francy was in a
grill place watching a live band when a group of policemen arrested her and
pushed her into a van. She said that it was BBB who negotiated with poseur customers
and that she does not working in the KTV bar.
ISSUE:
Whether
or not the prosecution proved accused-appellant’s guilt beyond reasonable doubt
of qualified trafficking persons.
HELD:
Yes.
The crime is still considered trafficking if it involves the "recruitment,
transportation, transfer, harboring or receipt of a child for the purpose of
exploitation" even if it does not involve any of the means stated under
the law. Trafficking is considered qualified when "the trafficked person is
a child." In People v. Casio, it
enumerated the elements of the trafficking in persons. RA 10364 amended RA
9208. 1.) The act of “recruitment, obtaining ,hiring, providing, offering, transportation, transfer or harboring, or
receipt of persons with or without the victim’s consent or knowledge, within or
across national border.” 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. 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.” The appellant was charged with qualified
trafficking(Sec 4 RA 9208) that it is unlawful for anyone “to maintain or hire
a person to engage in prostitution of pornography.” In the Casio case, it recognizes that the crime is consummated even if no
sexual intercourse had taken place since the mere transaction consummates the
crime. Ramirez uses as defense the AAA and BBB’s consent to the transaction or
that BBB received the payment on her behalf. Again in Casio, The victim's consent is rendered meaningless due to the
coercive, abusive, or deceptive means employed by perpetrators of human
trafficking. Even without the use of coercive, abusive, or deceptive means, a
minor's consent is not given out of his or her own free will. Accused-appellant
hired children to engage in prostitution, taking advantage of their
vulnerability as minors. AAA's and BBB's acquiescence to the illicit
transactions cannot be considered as a valid defense. Ramirez is liable under
RA 9208, Sec 4(e) as qualified by Sec 6(a) and punished under Sec 10(c).
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