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People vs. Nuñez

This case is an appeal from a Court of Appeals decision that affirmed with modification the Regional Trial Court's conviction of Annie Frency Nuñez y Adolfo (accused-appellant) for qualified trafficking in persons under Republic Act No. 9208. The accused-appellant was found guilty of recruiting three minors for sexual exploitation in exchange for money during an entrapment operation. The Supreme Court denied the appeal and affirmed the conviction, finding that all elements of qualified trafficking, including the victims' minority and the large-scale nature of the crime, were proven beyond reasonable doubt, and the appellant's defense of denial was insufficient against the positive testimonies and corroborating evidence.

Primary Holding

The recruitment of minors for sexual exploitation, evidenced by acts such as bringing them to a hotel, negotiating terms for sexual services with a decoy officer, and receiving payment, constitutes the consummated crime of qualified trafficking in persons under Republic Act No. 9208, especially when the victims' minority and the large-scale nature of the crime (three victims) are established; a minor's consent in such circumstances is legally irrelevant, and a defense of denial cannot overcome positive identification and evidence from a valid entrapment operation.

Background

The case arose from an information received by the Philippine National Police Regional Anti-Human Trafficking Task Force (PNP-RATTF) about a woman named "Faith" (later identified as the accused-appellant) offering minors for sex. This led to an entrapment operation planned and executed in Cebu City, involving a decoy police officer posing as a representative of an American customer interested in procuring minors for sexual exploitation.

History

  1. Information dated January 12, 2012, filed with the Regional Trial Court (RTC) of Cebu City, Branch 24, charging accused-appellant with qualified trafficking (Criminal Case No. CBU-94706).

  2. Accused-appellant pleaded not guilty upon arraignment before the RTC.

  3. RTC Decision dated January 29, 2018, found accused-appellant guilty beyond reasonable doubt of qualified trafficking and sentenced her to life imprisonment and a fine.

  4. Accused-appellant appealed the RTC decision to the Court of Appeals (CA-G.R. CR-HC No. 03058).

  5. Court of Appeals Decision dated June 17, 2021, affirmed the RTC's decision with the modification of imposing a 6% per annum interest on the monetary awards.

  6. Accused-appellant filed the present appeal before the Supreme Court seeking acquittal.

Facts

  • On November 21, 2011, PNP-RATTF-RID in Cebu City received information from an American informant that a woman named "Faith" offered him minors for sex at P10,000.00 each, to be delivered on November 22, 2011, at Sarrosa Hotel.
  • On November 22, 2011, the RATTF Team, with DSWD social workers, conducted an entrapment operation; PO1 Ariel Llanes acted as the decoy, and P30,000.00 in marked money was prepared.
  • The informant notified the team that "Faith" (accused-appellant Annie Frency Nuñez) had arrived at the hotel lobby with three girls. PO1 Llanes approached them, introduced himself as the driver of the American customer, and they all proceeded to Room 411.
  • Inside the room, after offering them food and drinks, accused-appellant led PO1 Llanes to the comfort room to discuss the transaction. She confirmed that the P10,000.00 per girl was for sexual intercourse ("makipag sex gyud, mag iyot Sir") and stated the girls were underage ("mga kinsi, disi-sais").
  • PO1 Llanes handed the P30,000.00 marked money to accused-appellant, who received and counted it. PO1 Llanes then gave the pre-arranged "missed call" signal.
  • Police officers PO3 Almohallas and PO2 Hermida rushed into the room, identified themselves, informed accused-appellant of her constitutional rights, and arrested her. The marked money and a cellphone were recovered from her.
  • The three minors, AAA (15 years old), BBB (15 years old), and CCC (16 years old), were rescued and turned over to DSWD social workers.
  • Victim AAA testified that accused-appellant recruited her and the other two minors for a "photoshoot job" as a souvenir for an American citizen, promised them a fee, and instructed them to wear make-up and sexy clothes.
  • Accused-appellant, in her defense, claimed she was invited by AAA for a photoshoot, denied knowing the full details, and stated PO1 Llanes handed her money in the comfort room, surprising her as AAA allegedly made the arrangements.

Arguments of the Petitioners

  • The accused-appellant (petitioner) denied recruiting the three minors for prostitution or sexual exploitation, claiming instead that one of the minors, AAA, invited her to join a photoshoot.
  • The accused-appellant argued in her supplemental brief before the Supreme Court that the prosecution failed to prove she recruited the minors for sexual exploitation, asserting her conversation with PO1 Llanes was about a photoshoot, not any sexual or lewd act.

Arguments of the Respondents

  • The Office of the Solicitor General (OSG), for the People of the Philippines (respondent), maintained that all elements of qualified trafficking were established, as AAA categorically identified the accused-appellant as the recruiter for a supposed photoshoot which was a pretext for sexual exploitation.
  • The OSG highlighted that the police officers detailed the entrapment and rescue operation leading to the accused-appellant's arrest, and that the offense was qualified because the victims were minors and the crime was committed in large scale (against three victims).

Issues

  • Whether the guilt of the accused-appellant for the crime of qualified trafficking in persons under Section 4(a) and (e) in relation to Section 6(a) and (c) of Republic Act No. 9208 was proven beyond reasonable doubt.

Ruling

  • Yes, the Supreme Court found the accused-appellant guilty beyond reasonable doubt and dismissed the appeal, affirming the Court of Appeals' decision.
  • The prosecution sufficiently established all elements of qualified trafficking: (a) accused-appellant recruited three victims (AAA, BBB, CCC); (b) the victims' minority was proven by their birth certificates; (c) accused-appellant took advantage of their vulnerability as minors, promising a fee for a "photoshoot" but instructing them to wear makeup and sexy clothes; and (d) her clear purpose was prostitution or sexual exploitation in exchange for money, as confirmed by her statements to PO1 Llanes.
  • The Court reiterated that a minor's consent in trafficking cases is legally irrelevant and not given out of free will, especially when deceptive means are used.
  • The positive identification of the accused-appellant by victim AAA as the recruiter was corroborated by the detailed testimonies of the law enforcement officers regarding the entrapment operation.
  • The accused-appellant's admissions of being at the hotel with the victims, going into the room with PO1 Llanes, and receiving money from him, further supported the prosecution's case.
  • The Court found the accused-appellant's defense of denial to be inherently weak, self-serving, and insufficient to overcome the positive and credible testimonies of the prosecution witnesses.
  • The penalty of life imprisonment and a fine of PHP 2,000,000.00, as well as the award of moral and exemplary damages with interest, were found to be correctly imposed.

Doctrines

  • Elements of Qualified Trafficking in Persons (RA 9208) — This crime involves acts such as recruitment, transport, transfer, harboring, providing, or receiving a person by any means, for the purpose of exploitation like prostitution or sexual exploitation. It is qualified if the trafficked person is a child, or if the crime is committed in large scale (against three or more persons). This doctrine was applied to find that the accused-appellant's actions of recruiting three minors, bringing them to a hotel, and negotiating their sexual exploitation for money fulfilled all elements and qualifying circumstances of the crime.
  • Irrelevance of a Minor's Consent in Trafficking Cases — A minor's consent to acts constituting trafficking is considered legally ineffective and not given of their own free will, regardless of whether coercive, abusive, or deceptive means are overtly used. In this case, the Court emphasized that even if the minors appeared to go along with the "photoshoot," their status as minors and the deceptive nature of the recruitment rendered any perceived consent meaningless.
  • Weakness of Denial as a Defense — The defense of denial is inherently weak, self-serving, and cannot prevail over the positive and credible testimony of prosecution witnesses, especially when corroborated by other evidence. This was applied to dismiss the accused-appellant's claim that she was merely invited for a photoshoot and did not recruit the minors, as it was unsubstantiated and contradicted by strong prosecution evidence.
  • Deference to Trial Court's Factual Findings on Credibility — Appellate courts generally accord great respect and finality to the factual findings of the trial court, particularly on the credibility of witnesses, as the trial judge is in the best position to observe their demeanor, unless there is a clear showing that the trial court overlooked, misunderstood, or misapplied some fact or circumstance of weight and substance. This doctrine was invoked to uphold the RTC's findings, as affirmed by the CA, regarding the credibility of the prosecution witnesses and the established facts of the case.

Key Excerpts

  • "Notably, the ultimate facts constitutive of the circumstances of qualified trafficking were clearly alleged in the Information and proved during trial. In this regard, case law instructs that '[t]he 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, as in this case."
  • "To be sure, denial is inherently weak, self-serving, and undeserving of weight. Hence, the positive testimonies of the prosecution witnesses must prevail over the self-serving and unsubstantiated testimony of accused-appellant."

Precedents Cited

  • Ferrer v. People (G.R. Nos. 223042 & 223769) — Referenced to establish that Republic Act No. 9208, prior to its 2013 amendment, was the governing law for the offense committed in November 2011, and to illustrate the consummation of the trafficking offense.
  • People v. Leocadio (G.R. No. 237697) — Cited to support the qualifying circumstance of trafficking committed in large scale, defined as being committed against three or more persons.
  • Arambulo v. People (857 Phil. 828) — Referenced for the principle that a minor's consent in trafficking cases is not considered to be given out of his or her own free will.
  • People v. XXX (G.R. No. 260639) — Cited to affirm the legal principle that denial as a defense is inherently weak and self-serving.
  • Peralta v. People (817 Phil. 554) — Cited for the doctrine of appellate deference to the trial court's factual findings and assessment of witness credibility.
  • People v. Matibag (757 Phil. 286) — Cited within Peralta v. People as further support for the principle of deference to trial court findings on credibility.
  • People v. XXX (835 Phil. 1083) — Referenced as prevailing jurisprudence for the determination and award of damages in qualified trafficking cases.
  • People v. Cabalquinto (533 Phil. 703) — Cited in a footnote regarding the policy of withholding the identity of victims in cases involving child abuse and related offenses.

Provisions

  • Republic Act No. 9208 (Anti-Trafficking in Persons Act of 2003), Section 4(a) — Defines as unlawful the act to recruit, transport, transfer, harbor, provide, or receive a person for the purpose of prostitution, pornography, sexual exploitation, etc. This section was applied to identify the specific prohibited acts committed by the accused-appellant.
  • Republic Act No. 9208, Section 4(e) — Defines as unlawful the act to maintain or hire a person to engage in prostitution or pornography. This was also applied to characterize the accused-appellant's actions.
  • Republic Act No. 9208, Section 6(a) — States that trafficking is qualified when the trafficked person is a child. This was applied as all three victims were proven to be minors.
  • Republic Act No. 9208, Section 6(c) — States that trafficking is qualified when the crime is committed in large scale (against three or more persons). This was applied as the accused-appellant trafficked three minors.
  • Republic Act No. 9208, Section 10(c) — Prescribes the penalty of life imprisonment and a fine for qualified trafficking. This section was the basis for the sentence imposed on the accused-appellant.
  • Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act) — Cited in a footnote regarding the legal basis for withholding the identity of child victims.
  • Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004) — Cited in a footnote regarding the legal basis for withholding victim identity.
  • A.M. No. 04-10-11 SC (Rule on Violence Against Women and their Children), Section 40 — Cited in a footnote concerning rules for protecting the identity of victims.
  • Amended Administrative Circular No. 83-2015 — Cited in a footnote regarding protocols for using fictitious names in court decisions to protect victim identity.