In June 2004, Charito Rebollos and her sister Edwina Guarin offered J.F.C and K.D.S a job of salesladies or receptionists in Brunei. J.F.C and K.D.S., both college graduates, accepted this offer. They travelled together with Edwina and another applicant M.M. by boat, firstly to Sandakan, Malaysia. Once in Malaysia, Edwina introduced J.F.C, K.D.S. and M.M. to Ibrahim, their future employer. Ibrahim told them that Edwina had recruited them to work as Guest Relations Officers (GROs) in Malaysia and not as salesladies or receptionists. When the girls refused to work as GROs, Ibrahim angrily told them that he had already given a lot of money to Edwina for their expenses. They could therefore leave only if they paid him back PHP 60 000 each.
K.D.S. was sold for 2500 ringgits to the owner of the Tip-Top Bar. She refused to work as a GRO so the owner of the bar suggested to her to work as a waitress at a Chinese restaurant close to the Tip-Top Bar for a salary of 500 ringgits a month until she pays back her debt of 2500 ringgits. This meant that each month her debt grew by 300 ringgits as she was charged 800 ringgits a month for food, lodging and other expenses. She still accepted to work as a waitress to avoid working as a GRO. In the restaurant, she met Tony, a British national, to whom she confided about her prisoner-like situation. Karen knew from her co-workers that the only way of leaving is to find a man willing to pay for her. She also knew that she would have to have sexual intercourse with Tony but decided that it was better than to engage in prostitution with many different men. Tony paid her boss 8000 ringgits and the boss gave him Karen’s passport. Karen then left the bar with Tony and stayed with him for four months. When her passport expired, Tony told her to go back to Philippines and then he would marry her. As Karen was not in love with him and Tony treated her like property, she has cut off all communication with him once in the Philippines.
J.F.C. refused to work as a GRO and said she would do anything but working in a club. J.F.C. secretly called her mother in Philippines who promised to ask one of her friends in Malaysia to help her escape. J.F.C. successfully came back to the Philippines and filed a complaint for human trafficking against Edwina, Charito and a certain Ibrahim.
Edwina claimed that like J.F.C. and K.D.S., she was also a victim of Ibrahim and was forced to have sexual intercourse with several men in Malaysia. Her testimony was not corroborated by neither of the applicants.
The uncorroborated testimony of Edwina Guarin could not prevail over the positive, credible and convincing testimonies of J.F.C. and K.D.S. Her allegation that she was also a victim of illegal recruitment by Ibrahim was unconvincing and riddled with inconsistencies.
With regard to the Illegal Recruitment, the Court stated that to prove that the accused was engaged in recruitment activities as to commit the crime of illegal recruitment, it must be shown that the accused gave private complainants the distinct impression that she had the power or ability to send the private complainants for work abroad. The testimonies of the victims left no doubt that Edwina and Charito engaged in illegal recruitment activities defined under Section 6 of the R.A. 8042. Testimonies of witnesses who have no motive or reason to falsify their testimonies should be given credence.
The Court stated that the proven acts of Edwina of recruiting, harbouring and transporting J.F.C. and K.D.S. to Malaysia by means of fraud, deception and taking advantage of their vulnerability, under the pretext that they will be employed in Brunei as salesladies and receptionists when in fact the promised employment was non-existent constitute acts of trafficking in persons as defined in Section 3 and 4 of the R.A. 9208. When the complainants arrived in Malaysia, they were subjected to prostitution, sexual exploitation, forced labour and servitude. Under the law, it is not essential that the victims actually engaged in prostitution as long as they were recruited for this purpose. There was no doubt that J.F.C and K.D.S. were recruited, transported and harboured by Edwina in conspiracy with her sister Charito and a certain Ibrahim for the purpose of exploitation including prostitution.
The case remained pending with respect to Charito who had jumped bail and is still a fugitive from justice. The case will be revived for trial as soon as she is arrested.
Section 4(a) in Relation to Section 10(a) of Republic Act No. 9208 known as the “Anti-Trafficking in Persons Act of 2003”
Section 6 in Relation to Section 7(a) of Republic Act No. 8042 known as the “Migrant Workers and Overseas Filipinos Act of 1995”
Section 4(a) in Relation to Section 10(a) of Republic Act No. 9208 known as the “Anti-Trafficking in Persons Act of 2003”
Section 6 in Relation to Section 7(a) of Republic Act No. 8042 known as the “Migrant Workers and Overseas Filipinos Act of 1995”
Regional Trial Court, 9th Judicial Region, Zamboanga City
CRIM. CASES NO. 21800 and 22151
