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People vs. Bandojo, et al.

This case is an appeal from a Court of Appeals decision which affirmed the Regional Trial Court's conviction of Ludivico Patrimonio Bandojo, Jr. and Kenny Joy Villacorta Ileto for Qualified Trafficking in Persons under Republic Act No. 9208. The accused-appellants were found guilty of recruiting and hiring a 17-year-old minor, AAA, for prostitution, taking advantage of her vulnerability. The Supreme Court dismissed the appeal, affirming the conviction and holding that all elements of the crime were established, emphasizing that the victim's minority qualified the trafficking and that her consent or the accused's knowledge of her age was immaterial.

Primary Holding

The conviction for Qualified Trafficking in Persons under Section 4(a) in relation to Section 6(a) of R.A. No. 9208 is affirmed when all elements of the crime are established, particularly the recruitment of a minor for prostitution; the victim's minority automatically qualifies the offense, and the consent of the minor victim or the accused's lack of knowledge of the victim's minority is not a defense.

Background

The case arose from the recruitment of a 17-year-old girl, AAA, into prostitution due to her family's financial difficulties. Accused-appellant Kenny Joy Villacorta Ileto initially offered AAA "rakets" (slang for paid sexual encounters). AAA eventually agreed due to financial need. Separately, the National Bureau of Investigation (NBI) received information about a Facebook account, "Under One Roof," allegedly offering sexual services of minors, leading them to accused-appellant Ludivico Patrimonio Bandojo, Jr. An entrapment operation was planned involving both accused-appellants and AAA.

History

  1. Accused-appellants charged before the Regional Trial Court (RTC) of Manila, Branch 29, in two separate Informations for Qualified Trafficking in Persons (Criminal Case No. 12-293693 involving minor AAA) and Trafficking in Persons (Criminal Case No. 12-293694 involving BBB).

  2. On April 26, 2016, the RTC rendered a Joint Decision convicting the accused-appellants for Qualified Trafficking in Persons in Criminal Case No. 12-293693 and acquitting them in Criminal Case No. 12-293694.

  3. Accused-appellants elevated the case to the Court of Appeals (CA) through a Joint Notice of Appeal dated May 4, 2016.

  4. On May 15, 2017, the CA denied the appeal and affirmed the RTC's decision with modifications to the penalties and damages (CA-G.R. CR-HC No. 08276).

  5. Accused-appellants appealed the CA's decision to the Supreme Court.

Facts

  • Private complainant AAA, born on April 9, 1995, was 17 years old at the time of the commission of the crime on November 8, 2012.
  • AAA's family faced financial difficulties, with her mother earning only Php 200.00 per day.
  • In August 2012, Christian Ileto, brother of accused-appellant Kenny Joy Ileto, asked AAA if she wanted a "raket," to which she agreed, thinking it meant chatting with men, and gave her phone number.
  • The next day, Kenny Joy contacted AAA, introduced herself as "Cherish," and offered a "raket" involving sexual intercourse for a minimum fee of Php 1,500.00. AAA initially did not reply.
  • Due to financial difficulties, AAA texted Kenny Joy on September 4, 2012, requesting a "raket." The following day, Kenny Joy booked AAA with a British national, whom AAA had sexual intercourse with for Php 5,000.00.
  • In October 2012, Kenny Joy arranged another "raket" for AAA with a police officer for Php 3,000.00, from which AAA gave Kenny Joy Php 500.00.
  • On October 21, 2012, the NBI received information about a Facebook account "Under One Roof," linked to Jhanne David (later identified as accused-appellant Ludivico Bandojo, Jr.), offering sexual services.
  • NBI Agent Francis Señora, posing as "Prettyvoy Gasgas," contacted Ludivico, who agreed to provide two girls for sexual services at a hotel in Manila for Php 3,000.00 each, with a 50% down payment.
  • On November 7, 2012, Kenny Joy informed AAA about a "raket" in Manila for Php 3,000.00 per head.
  • On November 8, 2012, AAA and Kenny Joy met Ludivico and proceeded to a hotel for the NBI entrapment operation.
  • Ludivico received the down payment (four Php 500.00 bills dusted with fluorescent powder) from Agent Señora and entrusted AAA and another woman, BBB, to the NBI operatives.
  • Ludivico and Kenny Joy were arrested at a coffee shop. The marked money was recovered from Ludivico, who tested positive for fluorescent powder. Kenny Joy tested negative.
  • AAA's Certificate of Live Birth confirmed she was 17 years old on November 8, 2012.

Arguments of the Petitioners

  • The prosecution failed to prove beyond reasonable doubt their guilt for human trafficking.
  • It was AAA who asked Kenny Joy for a "raket," indicating she was not recruited, threatened, forced, or coerced.
  • AAA's visit to Kenny Joy in jail and her alleged statement begging for forgiveness further showed lack of coercion.
  • There was no proof of conspiracy between them, as they allegedly met only on the day of their arrest.
  • The prosecution failed to prove that they had full knowledge of AAA's minority at the time of the alleged rescue.
  • The trial court erred in dismissing their defense of denial, as not all denials are fabricated.

Arguments of the Respondents

  • The prosecution proved beyond reasonable doubt all elements of Qualified Trafficking in Persons under Section 4(a) in relation to Section 10(a) of R.A. No. 9208.
  • Kenny Joy recruited and hired AAA, a 17-year-old, for prostitution, taking advantage of her minority, lack of discernment, and financial hardships.
  • The allegation that AAA asked for a "raket" is immaterial, as consent of the victim is not a defense when the vulnerability of the trafficked person is taken advantage of.
  • There was overwhelming proof of the accused-appellants' concerted action for a common end, establishing conspiracy.
  • The trial court properly rejected the accused-appellants' denial as it cannot prevail over the positive testimony of a witness.

Issues

  • Whether the prosecution proved beyond reasonable doubt the guilt of the accused-appellants for Qualified Trafficking in Persons.
  • Whether the RTC erred in finding the presence of conspiracy.
  • Whether the RTC erred in disregarding the accused-appellants' defense of denial.

Ruling

  • Yes, the prosecution proved beyond reasonable doubt the guilt of the accused-appellants for Qualified Trafficking in Persons. All elements of the crime under Sections 4(a) and 6(a) of R.A. No. 9208 were established. Kenny Joy recruited AAA for prostitution, and Ludivico facilitated the transaction. AAA's minority (17 years old) qualified the trafficking. The accused-appellants took advantage of AAA's vulnerability due to poverty.
  • No, the RTC did not err in finding conspiracy. The testimonial evidence established that Ludivico arranged the transaction with the NBI agent, Kenny Joy contacted AAA for the same transaction, and both were present when AAA was brought to the hotel and were arrested together. These circumstances showed a joint purpose, design, and concerted action.
  • No, the RTC did not err in disregarding the defense of denial. The positive identification of the accused-appellants by AAA and NBI Agent Señora, without any ill motive ascribed to them, prevails over their unsubstantiated denials.
  • The Court affirmed the conviction, modifying the penalty to life imprisonment (deleting "without eligibility for parole") and a fine of Php 2,000,000.00 for each appellant, plus moral and exemplary damages.

Doctrines

  • Elements of Trafficking in Persons (R.A. 9208, Section 3(a) and 4(a)) — Trafficking involves (1) the act of recruitment, transportation, transfer, harboring, or receipt of persons; (2) by means such as threat, force, coercion, abduction, fraud, deception, abuse of power/position, taking advantage of vulnerability, or giving/receiving payments/benefits to achieve consent of a person having control over another; (3) for the purpose of exploitation (e.g., prostitution). In this case, Kenny Joy recruited AAA (act), took advantage of her financial vulnerability (means), for prostitution (purpose). Ludivico also participated by arranging the transaction and receiving payment.
  • Qualified Trafficking in Persons (R.A. No. 9208, Section 6(a)) — Trafficking is qualified if the trafficked person is a child (below 18 years of age). AAA was 17 years old, thus qualifying the crime. The law states that recruitment of a child for exploitation is considered trafficking even if none of the means (force, coercion, etc.) in Section 3(a) are involved.
  • Consent of the Minor Victim is Not a Defense (R.A. No. 9208, Section 3(a)) — Trafficking in persons may be committed with or without the victim's consent or knowledge. For minors, consent is rendered meaningless due to coercive, abusive, or deceptive means, or even without such means, a minor's consent is not given of their own free will. The fact that AAA asked for a "raket" did not negate criminal liability.
  • Knowledge of Victim's Minority is Immaterial for Qualified Trafficking — Under Section 6(a) of R.A. No. 9208, trafficking automatically becomes qualified upon proof that the trafficked person is a minor. The accused's knowledge of the victim's minority is inconsequential for qualifying the crime.
  • Conspiracy — Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. It need not be proven by direct evidence but may be inferred from the parties' conduct indicating a common understanding and concerted action. The coordinated actions of Kenny Joy (recruiting AAA) and Ludivico (arranging with the NBI agent, receiving payment, bringing AAA) established conspiracy.
  • Positive Identification Prevails Over Denial — A categorical and consistent positive identification by a credible witness, unaccompanied by ill motive, prevails over mere denial. AAA and Agent Señora positively identified the appellants, and their testimonies were deemed credible, outweighing the appellants' denials.

Key Excerpts

  • "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." (Quoting R.A. No. 9208, Section 3(a))
  • "As previously cited, Section 3(a) of R.A. No. 9208 clearly states that trafficking in persons may be committed with or without the victim's consent or knowledge."
  • "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."
  • "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."
  • "A categorical and consistent positive identification which is not accompanied by ill motive on the part of the eyewitness prevails over mere denial."

Precedents Cited

  • People v. Casio (749 Phil. 458 (2014)) — Cited for defining the elements of trafficking in persons under R.A. No. 9208 and for the principle that a victim's consent is rendered meaningless due to coercive means or, for minors, is not given of their own free will.
  • People v. Lago (411 Phil. 52, 59 (2001)) — Cited for the elements of conspiracy and the principle that conspiracy can be inferred from the acts of the accused.
  • Eduardo Quimvel y Braga v. People of the Philippines (G.R. No. 214497, April 18, 2017) — Cited for the doctrine that positive identification prevails over mere denial, especially when denial is not substantiated by clear and convincing evidence.
  • People of the Philippines v. Jehlson Aguirre y Arididon, et al. (G.R. No. 219952, November 20, 2017) and People v. Hirang (803 Phil. 277 (2017)) — Cited as prevailing jurisprudence for the proper award of moral and exemplary damages in trafficking cases.

Provisions

  • Republic Act No. 9208 (Anti-Trafficking in Persons Act of 2003), Section 3(a) — Defines "Trafficking in Persons," including the acts, means, and purpose, and states that recruitment of a child for exploitation is trafficking even without the specified means, and can be with or without the victim's consent. Applied to establish the core elements of the crime committed against AAA.
  • Republic Act No. 9208, Section 3(b) — Defines "Child" as a person below eighteen (18) years of age. Applied to confirm AAA's status as a minor.
  • Republic Act No. 9208, Section 4(a) — Enumerates unlawful acts of trafficking, including recruitment for prostitution or sexual exploitation. This was the specific provision under which the appellants were charged.
  • Republic Act No. 9208, Section 6(a) — States that trafficking is qualified when the trafficked person is a child. Applied to elevate the crime to Qualified Trafficking due to AAA's minority.
  • Republic Act No. 9208, Section 10(c) — Prescribes the penalty for qualified trafficking as life imprisonment and a fine of not less than Php 2,000,000.00 but not more than Php 5,000,000.00. Applied to determine the appropriate penalty for the appellants.
  • Revised Penal Code, Article 110 — Regarding several and subsidiary liability of principals. Applied to rule that the accused-appellants are jointly and severally liable for the damages.
  • Administrative Matter No. 15-08-02-SC (Guidelines for the Proper Use of the Phrase "Without Eligibility for Parole" in Indivisible Penalties) — Cited to justify the deletion of the phrase "without eligibility for parole" from the penalty of life imprisonment, as it is understood that persons penalized with an indivisible penalty are not eligible for parole.